HomeMy WebLinkAboutAGENDA REPORT 2016 0615 CCSA REG ITEM 10Y ITEM 10.Y.
CITY OF MOORPARK,CALIFORNIA
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Jennifer Mellon, Recreation/Community Services Manage(
DATE: May 6, 2016 (CC meeting of 6/15/16)
SUBJECT: Consider Agreement with Library Systems & Services, LLC
(LS&S) for Provision of Services for Operation of the Moorpark
City Library
SUMMARY
Staff is proposing to enter into a five year Agreement with LS&S to continue to provide
library operations including staffing and general expense purchases. 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. LS&S staff costs and general expenses are budgeted within the Agreement. The
collection development and technology budgets remain within the City's library budget and
LS&S is given authorization to spend those budgeted funds and request reimbursement
from City for actual costs.
BACKGROUND
On November 1, 2006, City Council authorized the City Manager to execute an Agreement
with Library Systems & Services, LLC (LS&S) to operate the Moorpark City Library,
commencing January 1, 2007 and continuing for a term of four and one half years (54
months) to July, 2011. In 2011, the City entered into another Agreement with LS&S for a
five year term and the current Agreement expires on June 30, 2016. City Staff is proposing
a new Agreement for consideration with a five year term.
Fiscal Year 2016-17 library revenue is estimated at $933,000; of which an estimated
$875,000 is property tax allocated to the library. The City is anticipating tax revenue to
remain flat or increase slightly throughout the term of the Agreement. Other annual
Library revenue sources include fines and fees; investment earnings; a Moorpark Friends
of the Library contribution; and copy/print charges. This revenue projection continues to be
low due to decreased property tax allocation for the Library; however, the Library has a
substantial reserve balance from the transfer of the facility from the County to the City.
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Honorable City Council
June 15, 2016
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Estimated total operating costs for Fiscal Year 2016/17 in the Library General Fund Budget
for the Moorpark City Library(including City staff salaries, contractual services, contractual
staffing of 7.5 FTE, non-contract operating expenses, cost allocation, and facility
maintenance costs) are estimated at approximately $936,000.
DISCUSSION
Staff is proposing a revised LS&S Agreement for a five year term. Even with the five year
term, the Agreement includes termination language that states the City can terminate
without cause by giving LS&S six calendar months written notice. The Agreement also
includes the standard default of consultant language and the procedures followed if City
determines that LS&S is in default of performance, terms or conditions of the Agreement.
The revised Scope of Services includes staffing, reciprocal borrowing shuttle services, and
day-to-day general expenses only (Exhibit B). LS&S will continue to bill the City on a
monthly basis as expenditures occur for procurement of collection and technology costs
which include library software maintenance and licensing costs but preclude technical
support of equipment.
The cost of the FY 2015-16 LS&S Agreement totaled $500,429, which included staffing of
7.5 full time equivalent (FTE) positions ($467,689); a partial year of reciprocal borrowing
shuttle services($7,740); and general expenses($25,000).The proposed total contractual
cost for FY 2016-17 with 7.5 FTE will increase slightly to $510,904, with staffing costs
($476,804); reciprocal borrowing ($9,100); and general expenses ($25,000). In years two
through five of the Agreement the staffing costs and reciprocal borrowing shuttle service
costs are proposed to increase 1.5% annually plus additional mandated minimum wage
adjustments. General expense costs remain the same, budgeted at $25,000 throughout
the term; however, the City shall revisit these costs if LS&S provides justification for cost
increases to general expenses.
Staff is requesting that the City Council approve the Agreement and give signature
authority to the City Manager to sign the five (5) year agreement at a total cost of
$2,661,089 for Fiscal Years 2016-17 through 2020-21.
FISCAL IMPACT
If this Agreement is approved, the City will incur increases in staffing costs and reciprocal
borrowing services of 1.5%annually for the term of the Agreement as well as the identified
mandated minimum wage adjustments. Total cost increases throughout the five year term
will be $49,563.
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Honorable City Council
June 15, 2016
Page 3
STAFF_RECOMMENDATION
Authorize the City Manager to sign the Agreement with Library Systems & Services, LLC
(LS&S) for Operation of the Moorpark City Library which includes the Scope of Services
and Compensation Plan for the term of the Agreement, subject to final language approval
by the City Manager and City Attorney.
Attachment: Agreement
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PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND LIBRARY SYSTEMS AND SERVICES, LLC (LS&S)
FOR OPERATION OF THE MOORPARK CITY LIBRARY
THIS AGREEMENT, made and effective as of this day of
2016, between the City of Moorpark, a municipal
corporation ("City") and Library Systems & Services, LLC (LS&S), 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
operations; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
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, 2016 to completion to June 30,
2017 in conformance with Exhibit B, unless this Agreement is terminated or suspended
pursuant to this Agreement. City may extend the term of this Agreement, subject to
Termination as stated in Section 6, on the same terms and conditions as in effect just
before the then-current end of the term, for up to four (4) successive periods of one (1)
year each by providing written notice to Consultant no later than 120 days before the
then-current end of term. If all of these extensions are exercised, the Agreement will
end on June 30, 2021.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide services, as set forth in Exhibit B. 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, six hundred seventeen thousand, six hundred eighty-nine dollars
($2,617,689) 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.
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3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks 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.
4. MANAGEMENT
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be the LS&S Regional Manager, and no other individual may
be substituted without the prior written approval of the City Manager.
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.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W-9 form before payments may be made by City to Consultant.
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. This amount shall
not exceed two million, six hundred seventeen thousand, six hundred eighty-nine dollars
($2,617,689) for the total term of the Agreement unless additional payment is approved
as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services and compensation are authorized, in advance, in a
written amendment to this 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 invoice City prior to the fifteenth (15th) day of each calendar
month for services to be provided in the subsequent month at the amount set forth in
Exhibit B. Due to the nature of this Agreement and the willingness of the City to pay for
services not yet rendered, payment by the City shall not constitute acceptance by City
of Consultant's work performed or to be performed, and shall not preclude the City's
rights to contest amount of payment. Unless disputed in writing, invoices shall be paid
on Net 30 terms from date City receives the invoice. Balances remaining unpaid and
undisputed ten (10) days after the "due date" or the last day of each calendar month
shall bear interest at rate of one and one quarter percent (1.14%) per month until paid in
full. Any expense or reimbursable cost appearing on any invoice shall be accompanied
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by a receipt or other documentation subject to approval of the City Manager or the City
Manager's designee. If the City disputes any of Consultant's fees or expenses, City
shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
6. 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 ten (10) 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, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
Notwithstanding the other provisions of this Section 6, 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 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.
7. DEFAULT OF CONSULTANT
The Consultant's failure to comply with 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.
If the City Manager or his/her designee determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
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
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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.
8. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City 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. Consultant shall provide
free access to the 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 five (5) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant's office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
9. 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.
10. 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
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costs to the extent same are 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 professional 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
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.
11. 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.
12. 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
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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 or
employees, or agents of the City except as set forth in this Agreement. 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 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.
13. 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 such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of
Work Requirement for Professional Services Agreements Compliance with California
Government Code Section 7550, when applicable. 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.
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14. ANTI DISCRIMINATION
Neither the Consultant, nor any sub-consultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical handicap, medical condition, marital status or
gender of such person, except as provided in Section 12940 of the Government Code.
The Consultant shall have responsibility for compliance with this Section [Labor Code
Section 1735].
15. 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.
16. 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 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.
17. CONFLICT OF INTEREST
The Contractor covenants and agrees that if Contractor 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 or its Area of Interest, during the Term of this Agreement, Contractor shall
immediately notify the City, in writing, informing the City of the nature of the contract,
prior to commencing with any work or entering into such contract. The City Manager
shall determine whether potential conflict of interest exists and will assign any work
related to the conflict to an alternate contractor.
18. 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 of Moorpark
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799 Moorpark Avenue
Moorpark, California 93021
Attn: City Manager
Tel: 805-517-6200
Fax: 805-532-2205
To: Library Systems & Services, LLC
2600 Tower Oaks Blvd. Suite 510
Rockville, Maryland 20852
Attn: Paul Colangelo, President
Tel: 301-540-5100
Fax: 301-540-5522
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.
19. 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.
20. ASSIGNMENT
Neither party shall assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that each party
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, each party shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. 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.
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23. 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, including reasonable attorneys' fees, from the losing
party, and any judgment or decree rendered in such a proceeding shall include an
award thereof.
24. ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. 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.
26. 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.
27. 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.
28. PRECEDENCE
In the event of conflict, the requirements of the City's Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant's
Proposal.
29. 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
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not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. 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.
31. 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
By: By:
Steven Kueny, City Manager Paul Colangelo, President
Attest:
Maureen Benson, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, 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.
Consultant shall procure and maintain 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 Commercial General Liability or as a separate
policy.
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. 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
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employees of Consultant, sub-consultants, 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.
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 with an
edition prior to 1992. 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 Contractor 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.
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
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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 thirty (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
ninety (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.
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.
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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
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.
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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 2016-2017 through 2020-2021
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("Plan") 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:
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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 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.
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4. Fiscal Responsibility:
a. Maintain responsibility for administration of the overall Library budget,
of which the contracted services are a part.
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 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
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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.
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.
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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's 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-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.
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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.
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.
Maintain a delivery system van service that operates between the Santa
Clarita Public Library and the Moorpark City Library Monday through
Friday of each week.
12. All programs currently in place will continue and be analyzed with
recommendations provided for the long range plan documents and
information on new program additions will be provided, in writing, to the
City Manager of City Manager's designee.—Programming - Provide high
quality, effective educational, recreational and cultural programs of interest
to major demographic groups present in the community. Examine current
programming and recommend changes as necessary. Any new major
program additions will be provided, in writing, to the City Manager of City
Manager's designee.
13. Outreach - Conduct visits to school classrooms, community groups,
service clubs and other local organizations and generate ongoing publicity
about Library programs services.
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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. Automation Support:
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.
16. 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.
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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.
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.
LS&S warrants that it will perform the Scope of Services shown in this Exhibit (Exhibit
B) with at least the care, diligence and expertise generally accepted in the library
service industry. If LS&S fails to perform the services shown to the satisfaction of the
City, the City will notify LS&S. If LS&S continues to fail to perform to the City's
satisfaction, LS&S and the City agree to meet and discuss solutions. There are no other
warranties, express or implied, including warranties of merchantability or fitness for
particular purpose.
D. Library Materials and Materials Handling Fee
On behalf and for the benefit of the City, LS&S will negotiate favorable discounts and
prices from Library suppliers for the purchase of all Library materials, which shall
include but are not limited to books, periodicals, newspapers, e-publications, electronic
database subscriptions, standing orders, audio and video materials and cases,
automated reference services, binding, cataloging and processing costs (collectively,
"Library Materials").
The responsibility for adopting Library collection development policies will remain with
the City, and all Library Materials selections, in cooperation with the City, will be the
responsibility of LS&S. LS&S will place orders with the suppliers and perform the
accounting functions related to those orders, including prompt payment of the invoices.
In accounting for the cost of the Library Materials, LS&S shall include a fee of five
percent (5%) of the cost of the Library Materials ordered ("Materials Handling Fee")
when billing the City for reimbursement of Library Materials ordered.
The collection development budget within the Agreement Term which is inclusive of
Library Materials, sales tax, shipping, processing fees, and the LS&S Materials
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Handling 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 review, comment, and negotiate the
proposed budget with LS&S and approve the draft next Fiscal Year budget with 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, CPI for Los Angeles - Riverside - Orange County 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 Youth Services Librarian (primary focus is 18 months of age
through grade 5) (Master's Degree Professional)
• One (1) full-time Young Adult Librarian (primary focus is grades 6 through 12)
(Master's Degree Professional)
• One (1) full-time Library Technician or Supervisor (evening shift, staff level)
• Three and one-half(3.5) FTE Library Support Staff(including Library
Associates & Pages).
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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
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 two 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
approval from the City.
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
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 check, including check 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.
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LS&S will pursue to the best of its ability the status necessary in the State of California
with the Department of Justice (DOJ) to fingerprint employees and volunteers that will
work at the Library. Once LS&S has received the ability to fingerprint in California they
agree 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 of said fingerprinting. LS&S also agrees to follow the City of
Moorpark Fingerprinting Resolution criteria once fingerprinting their potential employees
and volunteers. Upon execution of this Agreement, LS&S will draft a letter to the DOJ
requesting the ability to Livescan fingerprint and submit it to the DOJ before with a copy
to City. In turn, City shall submit a letter to the DOJ requesting that LS&S be allowed
clearance to fingerprint employees of the Library due to employees of the library
performing recreational duties with children. If the DOJ request is denied, LS&S will
continue to submit letters on an annual basis throughout the term of this agreement that
request the permission through the DOJ to Livescan their employees working in public
library settings.
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.
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Compensation for the term of the Agreement is outlined in the following table:
Compensation Schedule
Mandated Reciprocal
Minimum Wage Borrowing Misc.
Period Staffing Adjustment* Services Expenses Total Monthly
Current Term:July 1, 2015-
June 30, 2016 $ 467,689 N/A $7,740 $25,000 $ 500,429 $41,702
July 1, 2016-June 30, 2017 $474,704 $2,100 $ 9,100 $25,000 $510,904 $42,575
July 1,2017-June 30, 2018 $481,825 $ 6,800 $9,237 $ 25,000 $522,861 $43,572
July 1,2018-June 30, 2019 $489,052 $ 11,500 $9,375 $ 25,000 $534,927 $44,577
July 1, 2019-June 30,2020 $496,388 $ 11,500 $9,516 $25,000 $ 542,404 $45,200
July 1,2020-June 30, 2021 $503,834 $ 11,500 $9,658 $25,000 $549,992 $45,833
The State of California has instituted minimum wage increases to begin in 2016
at$10.00 per hour and to continue until 2022 as follows:
State Name 2016 2017 2018 2019 2020 2021 2022
�dl 1,_mi;i $10, $1 -fir` v �i, lil. 2'. l
With these mandatory minimum wage increases, LS&S is requesting inclusion
of the above staffing cost adjustments with the following methodology.
As minimum wage increases are phased in, additional employees are impacted
at different stages of implementation.
The LS&S funding required to bring minimum wage levels from $10.00 to
$10.50 for one year is $4,200. The six month cost from January 1 through Jun
30, 2017 will total $2,100.
The LS&S funding required to bring minimum wage levels from $10.50 to
$11.00 for one year is calculated at $9,400. For year two, the adjustment for
the first six months is calculated at the $10.50 rate and the second six months
at $11.00 rate for a total of$6,800.
The LS&S funding required to increase minimum wage levels by $1.00
increments from $11.00 to $15 will cost$11,500 per year for the current staffing
levels within this Agreement.
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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.
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.
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• 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.
• 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
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• SCLC Membership and all related SCLC Service Costs
• OCLC Annual Costs
• Homework Help System Costs
• Barcodes
• Patron Cards
• Electronic Resources
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 handling 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%) handling 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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