HomeMy WebLinkAboutReso 152-1981that:
RESOLUTION NO. 152-81
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION CONDITIONALLY APPROVING AND AUTHO-
RIZING EXECUTION OF ANAGREEMENT ENTITLED, "JOINT
EXERCISE OF POWERS AGREEMENT BETWEEN CITIES'OF
BURLINGAME, DALY CITY, MENLO PARK, REDWOOD CITY,
SAN BRUNO, SAN MATEO, SOUTH SAN FRANCISCO, AND
THE COUNTY OF SAN MATEO FOR THE ESTABLISHMENT~OF
A SHARED~AUTOMATED~CIRCULATION'SYSTEM~ ........
BE IT RESOLVED by the City Council of the City of South San Francisco
1. Conditional Approval of Agreement.
The Agreement entitled, "Joint Exercise of Powers .Agreement between
Cities of Burlingame, Daly City, Menlo'Park, Redwood City, San Bruno, San
Mateo, South San Francisco, and the County of San Mateo for the Establishment
of a Shared Automated Circulation System," which .Agreement is attached hereto
as exhibit "A" and incorporated herein by reference,'is hereby approved, sub-
ject to the condition that the cost allocation plan outlined therein shall
not be changed to reflect greater costs' to the City of South San Francisco than
those reflected in exhibit "A" hereto.
2. Execution of Agreement.
Execution of the aforementioned Agreement is hereby authorized subject
to the following condition:
a. The City of South San Francisco shall not execute,said ~agreement
if the costs reflected in the document to be signed exceed those reflected in
exhibit "A" hereto.
3. Signatures.
The City Manager is authorized to execute said Agreement on behalf
of the City, and the City Clerk attest his signature thereto. Notwithstanding
the foregoing, the City Manager shall not execute said'Agreement until the
conditions outlined in Section 2, herein, are met.
I hereby certify that the foregoi~ng Resolution was regularly introduced
and adopted by the City Council of the City of South San Francisco at a
regular meeting held on the 16th day of December , 19 81 , by the
following vote'
AYES-
NOES-
ABSENT-
Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte,
Gus Nicolopulos; and Roberta Cerri Teglia
None
None
ty 1
e
EXHIBIT "A" TO RESOLUTION NO. 152-81
JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CITIES OF BURLINGAME
DALY CITY, MENLO PARK, REDWOOD CITY, SAN BRUNO, SAN MATEO,
SOUTH SAN FRANCISCO, AND THE COUNTY OF SAN MATEO FOR
THE ESTABLISHMENT OF A SH~RED ~
AUTOMATED CIRCULATION SYSTEM --
THIS AGREEMENT, made and entered into this day
of , 1981, by and between the CITY OF BURLINGAME,
CITY OF DALY CITY, CITY OF MENLO PARK, CITY OF REDWOOD CITY, CITY
OF SAN'BRUNO, CITY OF SAN MATEO, CITY OF SOUTH SAN FRANCISCO, and
COUNTY OF SAN MATEO,
W I T N E S S E T H
WHEREAS, the CITY OF BURLINGAME, the CITY OF DALY CITY, the
CITY OF MENLO PARK, the CITY OF REDWOOD CITY,'the CITY OF SAN
BRUN6, the CITY OF SAN MATEO, and the CITY OF SOUTH SAN FRANCISCO
are municipal corporations of the State of California, and the ---
COUNTY OF SAN MATEO is a political subdivision of the State' of
California, and
WHEREAS, Title 1, Division 7, Chapter 5 of the Government
Code of the State of California authorizes the. joint exercise by
agreement of two or more public entities of any powers common to
them; and
WHEREAS, the jurisdictions participating in this agreement
have agreed to undertake the establishment of an automated circu-
lation system to serve the public libraries established by the
cities and the County of San Mateo; and
WHEREAS, the establishment will require the acquisition of
computer hardware and software; and
WHEREAS, the Participating Jurisdictions recognize the ad-
vantages of a shared automated circulation system and are willing
to contribute funds toward the cost of acquisition, implementa-
tion, operation, and maintenance of the automated circulation
system, as hereinafter described; and
WHEREAS, the County has demonstrated leadership in planning
for a shared automated circulation system; and
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WHEREAS, representatives of the ParticiPating Jurisdictions
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have cooperated in the preparation of a request for proposals fo~__
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the system and in the evaluation and selection of the preferred
vendor; and ~
WHEREAS, there is a necessity to enter into contract negoti-
ations with the preferred vendor in December, 1981 and
WHEREAS, it is deemed necessary for the Participating Juris-
dictions to enter into a joint powers agreement:
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS
FOLLOWS:
1. Statement of Intent. It is intended by the parties here-
to (a) to enter into this Agreement for the joint sharing of
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benefits and costs related to an automated circulation system for
the respective libraries of each Participating Jurisdiction, (b)
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to recognize the desirability of making such a system available
for all public libraries,oPerating in San Mateo County, and (c)
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to enter into this joint exercise of powers agreement to create
an Agency which owns, operates, and manages an automated library
circulation system. .This Agency shall be known as Library Auto-
mated Circulation Agency, hereinafter referred to as'"AGENCY." A
"PARTICIPATING JURISDICTION" shall be any jurisdiction operating
a public library in San Mateo County Which has agreed to pay its
full share Of central start-up costs as set out in Exhibit A and
according to the schedule shown in Section 12 of this.Agreement,
and which.has signed this Agreement. The Participating Jurisdic-
tions shall have equal access to the full range of services
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available from the system and jointly make decisions regarding
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the implementation and management of the system, in accordance
with the terms of this Agreement.
2. Term of Agreement. The Agency shall come into existence
and this Agreement shall be in full force and effect when five
jurisdictions have executed same, and Shall continue perpetually
thereafter unless modified or terminated by the Participating
Jurisdictions.
3. Withdrawal. ~
A. Any~Participating Jurisdiction wishing to withdraw ~
from this Agreement as of July 1, 1984, or July 1 of any suc-
ceeding year, must. provide at ieast six months written notice to
the Governing Board of the Agency. Notice shall be in the form
of a resolution adopted by the governing body of the Participa-
ting Jurisdiction wishing to withdraw. The signatories to this
Agreement recognize that a substantial capital investment is
required by each to implement and operate the automated circula-
tion system and that withdrawal from this Agreement will cause
substantial hardship for all remaining Participating Jurisdic-
tions.
B. If a Participating Jurisdiction withdraws from the
Agreement aCcording to the terms and conditions set forth hereinL_~
said jurisdiction shall receive a copy of its bibliographic file
borrower file and item~file~if suCh information has been convert-
ed and filed in the automated system. ~
C. If a Participating Jurisdiction withdraws from the
system prior to four years from the effective date of this Agree-
ment, the withdrawing party shall reimburse the Agency an amount
equal~ to any unpaid balance of that jurisdiction's share of ini-
tial start up costs and its share of central site operating costs
for the initial four year period.
D. If the withdrawal from this Agreement results in a
decision by the remaining Participating Jurisdictions that the
automated circulation system be terminated, it shall be the re-
sponsibility of the Agency to dispose of all the equipment and
reimburse the remaining Participating Jurisdictions from the
proceeds of disposal in accordance With a pro-rata formula based
on the initial investment.
4. Ownership of the Automated System. All central site
hardware, including the central processing unit, consoles, disk
drives, tape drives, and associated instruments and equipment,
shall be owned by.San Mateo County, subject to the terms and
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conditions of vendor contracts. The County, as one Participating
Jurisdiction and as the designated Operating A~ent under Section
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8 of this Agreement, shall maintain all central site hardware and
equipment under inventory control consistent with'local prac-
tices. County shall transfer ownership of all central site hard-
ware and equipment to the Agency when payments for start-up costs
set out in Exhibit A have been made by the remaining Participa-
ting Jurisdictions of sufficient amount to cover actual costs of
procuring central site hardware and equipment. Transfer of
ownership from County to the Agency should occur no sooner than
July 1, 1982, and no later than October 1, 1982, consistent with
the payment schedule set ~ut in Section 12 of this Agreement.
Thereafter, title to materials and/or equipment purchased by the
AgenCy for use by the Agency shall remain with the Agency.
The rights to all software that is part of the automated
cirCulation system shall reside with the Agency, subject to the
terms.and conditions of the agreements with any vendor.
All computer terminals, modems, and communication ~quipment
necessary for connection to the central site hardware, and any
other hardware that is located in the various service outlets
operated by the Participat°ing Jurisdictions to this Agreement
shall be owned separately by the individual jurisdictions. It is
unders'tood that the jurisdictions acquiring the equipment to
connect to the central site hardware will acquire such equipment
in accordance with the specificiations furnished by the Governing
Board of the Agency.
5. Governing Board.
A. Membership. The Governing Board of the Agency shall
consist of the City or County Managers from the Participating
Jurisdictions or their designated representatives and shall serve
as the policy-making board for this Agency. The Director of the
Peninsula Library System and a designee of the County Manager of
San Mateo County shall serve as the two non-voting members of the
Board.
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B. Voting~ A majority of the members of the Governing
Board shall constitute a quorum for the trans~ction of business.
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Each Board member shall have one ~ote. The affirmative vote of a
majority of those voting members present shall be necessary for
all action taken except for the following matters, wherein there
must be an affirmative vote of a majority of the entire Board:
(1) a declaration that a Participating Jurisdiction has failed to
comply with the terms of this Agreement; ~(2) use of the automated
system by other agencies or organizations; (3) decisions regard-
ing system enhancements and/or expansions; and (4) all fiscal
matters to be referred to the Managers Budget Review Committee as
described in Section 6 of this Agreement.
C. Bylaws. The Board shall elect a chair and vice-chair
for the Agency from its members at its first meeting. Each offi-
Cer shall assume the duties of office upon election. Thereafter,
the Agency, sha~l'provide for election and rotation of officers in
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its Bylaws.
D. Powers of the Governing Board. The Governing Board
shall have the following powers:
(1) To make and.enter into contracts;
(2) To recruit, select, and evaluate the performance of
consultants to( and employees of the Agency;
(3) To adopt an annual budget for the Agency;
(4)~To incur debts, liabilities, and obligations; but
no debt, liability, or obligation of the Agency is
...... a debt, liability, or obligation of any Participa-
ting Jurisdiction of the Agency except as specified
in this Agreement;
(5) To acquire, hold and dispose of property;
('6) To receive contributions and donations of property,
funds, services, and other forms of assistance from
any source;
(7) To sue and be sued in its own name;
(8) To lease property;
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(9) To establish policies and procedures for the imple-
mentation, operation, and management of the auto-
mated circulation system. Such matters include but
are not limited to: hours of service, staffing
levels, equipment needs, service standards, stand-
ardization of operating procedures, and other mat-
ters considered relevant by the Governing Board;
(10) To review the operations of the system, evaluate
its performance, and develop plans for modifica-
tions;
(11) To provide for the purchase and maintenance of ail
central system equipment and the housing of such
equipment in a suitable environment;
-(12) To plan for and coordinate the implementation of
system modifications and enhancements as may im-
prove the operations or functions of the system;
(13) To provide for adequate property and liability
. insurance coverage.
6. Managers Budget Review Committee.
A. There is hereby created a Managers Budget Review Com-
mittee, to be composed of five.members. The County Manager of
San Mateo County shall designate two members. The City Managers
of the Participating Jurisdictions shall designate two
members. These four members shall designate the one remaining
member.
~ B. The five-member committee shall meet periodically and as
required to review and make recommendations'to the Governing
Board on the following fiscal matters:
(1) The annual operating budget and the cost alloca-
tions;
(2) Upon request by this Budget Review Committee, any
changes in the operating budget proposed by the
Governing Board;
(3). Use of the contingency fund of the Agency;
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(4) Costs [elated to system enhancements, expansions,
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or rep%aCements;
(5) Changes in the Cost allocation formula desCribed
i~ Exhibit C..
7. Duties and Responsibilities of Each Participating
Jurisdiction. Pursuant to this Agreement, each Participa-
ting Jurisdiction shall:
A. Participate in the use and operations of the automated
system under the terms and conditions of this contract
and the rules and regulations which may be adopted by
the Governing Board.
B. Be liable for local costs, including acquisition of
remote hardware, structural modifications, communica-
tions equipment necessary to communicate with the
central site, and local conversion expense, including
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California State Sales Taxes on purchases, where ap-
plicable.
C. ~e liable for an annual payment to the Agency for the~
costs of personnel, supplies and materials, utilities,
insurance, administrative and accounting services,
central hardware and software maintenance, and other
operating expenses. The annual payment, as well as
those payments specified in Section 7, Paragraph B ~
above, shall be due and payable according to the pay-
ment schedule described in Section 12 of this Agree-
~ ment, except as otherwise provided by Section 22.
D. Acquire and maintain all remote terminals, modems, and
communications equipment and telephone lines necessary
to communicate with the central site. All equipment
so purchased must comply fully with the Agency speci-
fications. Any Participating Jurisdiction wishing to
purchase hardWare not supplied by the vendor or its
agent must have prior approval of the Governing Board.
· The automated system, as installed, should provide
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sufficient capacity for the'additi6n of terminals and
required communiCations equipment 'by Participating.
Jurisdictions. The addition of terminals over and
above the number specified in the contract negotiated
with the vendor must be authorized in writing by the
Agency at least ninety (90) days prior to the antici-
pated date of installation of said equipment.
Any equipment acquired separately by a Participating
Jurisdiction, and integrated into the total automated
circulation system, shall be included in any action of
the Governing Board to declare the system, or substan-
tial portions of it, surplus.
E. Pay all monies owed the Agency when due.
F. Participate in the.cooperative purchasing of supplies
and materials required for s~stem operation.
G. Input all data into the system in a timely ~ashion and
according to the standards for bibliographic data
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which shall be adopted by the Governing Board.
H. Have full responsibility for initially getting all its
information into a form which can be processed by
electronic equipment or to manually key-in all data,
according .to standards established by the Governing
Board.
I. Regularly participate in the meetings and delibera-
tions of the Governing Board.
J. Keep those records and statistics which may be
requi'red by t-he Governing BOard to document the
performance of the system.
K. Report to the Governing Board the officers of the
jurisdictions to receive formal notice of actions of
the Governing Board.
FAILURE TO COMPLY with these rules and regulations will
constitute a breach of this Agreement by the Participating
Jurisdiction and, as such, shall be subject to the remedial
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provisions of the Agreement.
8. Operating Ageht. The County of San Mateo is hereby
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designated as the Operating Agent for the Agency, and
shall have the f611owing duties and responsibilities:
A. Be responsible for administrative support, such as
fiscal and legal services, to the Agency in support of
this Agreement, at no cost to the Agency.
B. Function as the primary responsible agent for the
development, implementation and operation of the
automated circulation system, in accordance with the
policies and procedures developed by the Governing
Board.
C. In 'the absence of or in conjuction with Agency staff,
provide program coordination required to implement and
operate the shared automated circulation system.
D. Employ appropriate staff for the Agency in the
unclassified'or exempt service, and supervise the day
to day operations and implementation in accordance
with the budget and policies set by the Governing
Board.
E. Develop and otherwise participate in the general
training of staff~of Participating Jurisdicitions, as
appropriate and in coordination with.the vendor and
the Governing Board.
F. Develop a plan for a substitute method.for the loan
and recovery of materials in the event of a
catastrophic system failure with extended periods of
down time, in coordination with the vendor and the
Governing Board.
G. Arrange for emergency substitute back-up staff as
appropriate to facilitate smooth operations, such
arrangement to be on a reimbursable basis by the
Agency at rates to be determined by the Governing
Board.
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The County of San Mateo, and the County L~brarian ~
specifically, is hereby designated as the Operating Agent until
July 1, 1984. Thereafter, the Governing~Board may review the
possibility of making a change of Operating Agent for the Agency
and location of the central system. If the Governing Board
decides to'make a change, such change should take place within
one year, and contracts or agreements held by the Operating Agent
on behalf of the Agency are assignable as directed by the
Governing Board.
The Operating Agent shall maintain a special fund called the
"Library Automated Circulation Fund" into which all monies shall
be deposited and from which all monies shall be paid. This fund
shall be audited regularly, when the general accounts of the
Operating Agent are audited.
The Governing Board. may contract with a certified public
accountant to make an annual audit, of the accounts and records of
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the Library Automated Circulation Fund. The minimum requirements
of the audit shall be those prescribed by the State Controller
for special districts under Section 26909 of the Government Code
and shall conform to generally accepted auditing standards. The
Agency shall bear the costs of the audit, including any amounts
paid to a certified public accountant.
9. Location Of central Equipment. The central system~
hardware and software will. be located at the San Mateo County
Central Library. The cost for preparing such space shall be
included in the cost of the automated circulation system to be
shared by the Participating Jurisdictions.
10. Vendor Contract Negotiation Team. The Vendor Contract
Negotiation Team shall consist of six me~bers as follows: three
representatives from the County and three representatives
designated by the municipal Participating Jurisdictions. Any
jurisdiction may designate additional representatives who may
attend but not participate in vendor contract negotiation
meetings. The Director of the Peninsula Library System shall be
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an advisory member of.the team. The County, as Operating Agent
and acting on behalf of t~e Governing Board, is hereby authorized
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to sign a contract for purchase, installation, and maintenance of
an automated circulation system, upon completion of negotiations
and so long as the total cost does not exceed the budgets
described in Exhibit A and Exhibit B. If negotiated amounts
exceed the budgets, the Managers Budget Review Committee shall be
asked to make a recommendation to the Governing Board.
11. Cost Allocation Plan. The cost sharing formula is
described in Exhibit C. This formula shall be updated annually
based on the most current data available. The Governing Board
shall consider adjustments to this formula after the automa%ed
system produces actual use data.
12. Payment Schedules. In consideration of the shared
participation in the library automated circulation system, and
the performance of services and responsibilities described in
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this Agreement, Participating Jurisdictions agree to pay to the
Agency the following:
A. The Participating Jurisdiction's share of the central
system start-up budget for fixed and variable costs
listed in Exhibit A, Column 3. Unless otherwise°
specified by the Governing Board, the payments shall
be payable in three equal installments in 1982 on
February 1, Jul~ 1 and October 1.
B. The Participating Jurisdiction's share of the central
system on-going budget for fixed and variable costs
listed in Exhibit B, Column 3. Unless otherwise
specified by the Governing Board, payment shall be due
February 1, 1983, and on tha~ date annually thereafter
so long as this Agreement is in effect.
C. A payment schedule for local vendor costs set out in
Exhibits A and B shall be developed by the Governing
Board, as appropriate and subject to vendor contracts.
Exhibits A and B shall be updated annually by the
Governing Board to reflect current costs and financing.
13. ~orrective and Remedial Measures. Whenever a majority
of the Governing Board believes that a Participating Jurisdiction
has committed a remediable breach of any material obligation set
forth in this Agreement, it may give the jurisdiction notice to
that effect with reasonable specificity. The jurisdiction shall
use its best ~fforts promptly to remedy the breach and shall
inform the Governing Board of the nature of the remedial action
planned and taken or will respond to any such notice, with an
explanation that sets forth reasonable cause of the breach. When
a breach does exist that is not remedied within thirty (30) days
after notice of it, the Governing Board shall be entitled to seek
appropriate relief under this Agreement or otherwise under the
law.
14. Applicable Law. This Agreement shall be governe~ by,
subject to, and construed according to the laws of the State of
California, with venue ~to lie in San Mateo County, California.
15. Arbitration. ~If any Participating Jurisdiction
considers that any decision of the Governing Board, or any rule
or regulation governing the operation and.shared use of the
system to be unfair, the Chairperson of the-Governing Board shall
be notified by the Participating Jurisdiction in writing that the
decision is disputed, or rule or regulation is unfair, and the
reasons therefore. If the Governing Board cannot then resolve
the dispute within thirty (30) days, said jurisdiction may
request consideration by the Managers Budget Review Committee.
If within forty-five (45) days the recommendation of the Managers
Budget Review Committee does not lead to a resolution of the
dispute, the Agency and the initiating jurisdiction shall each
designate one arbitrator. These designated arbitrators shall
mutually agree to designate a third arbitrator, which shall then
become the arbitration team. The arbitration team shall hold a
hearing and render final judgment, which shall be binding, within
no less than sixty (60) days, after the arbitration team has been
selected. The cost of such arbitration team Shall be divided
equally between the Agency and the initiating jurisdiction..
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16. Conversion Plan. The Operating Agent shall implement
a plan developed with the Governing Board' and the vendor to
convert records to machine readable form. The plan shall include
methods of conversion to be used, training for conversion, and
the conversion schedule, and shall be implemented subject to
approval by the Governing Board.
17. Standards for Bibliographic Data. The planned
automated system has the ability to read and edit bibliographic
data in MARC II format. Data will be stored in an abbreviated
format. All records input into the system by Participating
Jurisdictions shall comply with the specifications established by
the Governing Board, and shall be monitored by the Operating
Agent.
A majority of the Governing Board may give'~thirty (30) days
written notice to a Participating Jurisdiction whenever the
Operating Agent reports that a jurisdiction's bibliographic
records fail to meet the minimum standards.~ If all records are
not brought up to the standard within thirtY (30) days, the
Governing Board .may take action to bring the records to standard
and all costs of such action shall be borne by the jurisdiction
which is oUt of compliance.
18. Installation.· It is understood that.the resPonsibility
for the installation of all r'emote equipment loCated in the
libraries of Participating Jurisdictions shall rest with the
vendor or its agent, unless otherwise provided for by agreement
of the Governing Board and vendor.
19. Confidentiality of Data. The circulation records of
all Participating Jurisdictions are considered CONFIDENTIAL
regardless of the source of inquiry. Employees of each
participating Library shall have access to such records to
provide for the orderly operation of each library; however, such
records shall'not be made available to anyone else except
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pursuant to such process, order, or subpoena as may be authorized
by .law.
Upon receipt of such process, order, or subpoena,
consultation shall be made with the legal officer of the affected
jurisdiction to determine if such process, order, or subpoena is
in good form. If defects are noted, insistence shall be made
that such defects be cured before any records are released. The
legal process requiring the production of circulation records
shall ordinarily be in the form of subpoena duces tecum,
requiring an employee of the affected library to attend court or
the taking of his or her deposition and may require him or her to
bring along certain designated circulation records.- Final
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authority for the release of any circulation records which are
sought without such process, Order or subpoena shall be with the
jurisdiction whose records are sought. Any problems or
conditions relating to the privacy of circulation' shall be
referred to the Director of the applicable library for
resolution. ~
20. System Maintenance. Participating Jurisdictions shall
contract with the Operating Agent, acting on behalf of the
Agency, to maintain all system hardware and software in good
'operating.condition. If requested, the Operating Agent shall
assist Participating Jurisdictions in the aCquisition and
maintenance of remote site equipment, on a reimbursable basis.
Policies relating to the scheduling of system maintenance shall
be set by the Governing Board.
21. Service Availability. The automated system will be
available for use by Participating .Jurisdictions for circulation
and other transactions on a schedule of hours to be set by the
Governing Board. The Governing Board and the Operating Agent,
through its contracts for hardware and software maintenance,
shall maintain the equipment in such a fashion as to provide for
downtime and response time not exceeding the limits specified in
these contracts. No liability shall be assumed by the Governing
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Board or the Operating Agent, however, if these limits are
exceeded. On occasion, it may be necessary to temporarily
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suspend system availability because of operational or maintenance
requirements. Whenever possible, prior notice of system
unavailability will be provided to the libraries. Such
suspension shall not be deemed an unreasonable prevent~ion or
postponement of system use by the Participating Jurisdictions.
22. System Enhancements. The Governing Board shall be
advised in writing of any system software or hardware enhancement
desired by Participating Jurisdictions. The implementation of
all such enhancements shall require the approval by majority vote
of the Governing Board.
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If the cost of any system enhancement, expansion or
replacement would cause an increase in a Participat~.ng
Jurisdiction's share of expense of 15% or greater than the
previous year's budget, then that Participating~Jurisdiction
shall have the option to negotiate for a different level of
service from the Agency, provided that such a different level of
service would not degrade the overall system and the cost of such
change would be covered by that Participating Jurisdiction.
23. Admission of New Jurisdictions. A juroisdiction
operating a public library in San Mateo County shall have the
opportunity to participate in the shared automated circulation
system after January 1, 19~2 and become a Participating
Jurisdiction with full membership rights, subject to approval of
the Governing Board and provided the following conditions are
met:
A. The jurisdiction agrees to pay an entry fee which
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consists of the total of (1) the full amount of the
jurisdiction's original share of the central start-up
costs described in Exhibit A, Column 3, plus 20% of
that amount as a late hook-up fee; and (2) the
jurisdiction's original share of the central site on-
going costs described .in Exhibit B, Column 3, prorated
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from January 1, 1'982, .to the ~date of the decision by
the governing body to join. Exhibit A may be adjusted
annually to reflect cost of living increases, to be
determined by the Governing Board after
recommendations by the Managers Budget Review
Committee.
B. The jurisdiction agrees to pay the full cost for any
modifications to the central system which may be
required as the direct result of this new
participation.
C. The Governing Board agrees that the system
modifications which may be required will not result in
a significant degradation of system performance.
D.The jurisdiction agrees to all other terms and
cohditions of this Agreement.
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24. Participation of Ot.her Agencies or Organizations.
A. The Governing Board by a majority vote of the entire
board may permit agencies or organizations other than
jurisdictions operating public libraries in San Mateo
County to use the automated circulation system under
such terms and cOnditions as the Governing Board may
determine.
B. Such users shall be customers of the Agency and not be
considered participating jUrisdictions.
25. Warranties.
A. All hardware acquired fr°m 'the Vendor for central site
9r remote installation shall have warranties by the
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vendor. The Agency shall maintain a hardware
maintenance contract in effect at all times. The
Agency and the Operating Agent are not responsible for
any incidental or consequential damages of whatever
nature resulting from use by Participating
Jurisdictions or operation of said remote site
equipment or fr~om acts of God, war, civil strife,
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fire, water damage, smoke damage, or power
fluctuations.
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B. All automated system software shall have a warranty by
the vendor. The Agency shall maintain a software
maintenance contract in effect at all times.
26.
The Agency and the Operating Agent shall make every
attempt to cause the automated circulation system to
operate to the standards speCified in this Agreement;
however, the Agency and the Operating Agent offer no
warranty, expressed or implied, that deviations from
these standards will not occur.
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C. Participating Jurisdictions recognize that the Agency
and the Operating Agent do not control, therefore
cannot warrant, the telephone lines or microwave
system used to communicate data between a remote site
and the central computer.
D. The Operating Agent will regularly duplicate, at least
weekly, all data maintained in the automated system
database and s~ore such duplicate tapes or disk packs
in a location physically aPart from the site'o'f the
central automated system. Furthermore, the Operating
Agent will maintain a daily tape log in the event that
a disk malfunction occurs, so that the day's
circulation transactions can be reconstrUcted. There
is the chance, however remOte, that Some or all of the
data may be lost or destroyed. The Agency and the
Operating Agent do not warrant that such a data loss
will not occur and the Participating Jurisdictions
agree to hold the Agency and the Operating Agent and
their employees and ag~ents harmless for such a loss
not the result of willful, malicious effort.
Mutual Hold Harmless and Indemnification.
A. It is agreed that Participating Jurisdictions shall
defend, hold harmless and indemnify~the Agency and the
Operating Agent,~ their officers,~ agents and/or
·
employees from any and all claims for injuries to
persons or damage to property w~ich arise out of the
terms and conditions of this Agreement and which
result from the negligent acts or omissions of
Participating Jurisdictions, their officers, agents
and/or employees.
B. It is further agreed that the Agency shall defend,
hold harmless and indemnify Participating
Jurisdictions, their officers, agents and/or employees
from any and all claims for injuries to persons or
damage to property which arise out of the ter~ns and
conditions of this Agreement and which result from the
negligent actS or omissions of the A~ency, its
officers, agents and/or 'employees.
C. In the event of concurrent negligence of one or more
Participating Jurisdictions, their officers and/or
employees, and the Agency, its officers, agents and/or
employees, then 'the liability for any and all claims
for injuries to persons or damage to property which
arise out of the terms of this Agreement shall~be
apportioned pursuant to principals of comparative
negligence.
27. Insurance. The Agency shall not commence work under
this agreement until all insurance required under this paragraph
has been obtained. The Agency shall maintain certificates of
insurance evidencing the required coverage.
In the event of the breach of any provision of this Section,
or 'in the event any notice is received which indicates any
required insurance coverage will be diminished or cancelled, the
Governing Board, at its option, may, notwithstanding any other
provision of this agreement to the contrary', immediately declare
a material breach of this agreement and recommend to the
-18-
Participating Jurisdictions the suspension of all further work
pursuant to this Agreement.
a. Workers' Compensation and Employer's Liability
Insurance: The Agency shall have in e'ffect during the entire
life of this agreement Workers' Compensation and Employer's
Liability Insurance providing full statutory coverage, if
required. In executing this agreement, the Agency makes the
following certification, required by Section 1861 of the
California Labor Code.
I am aware of the provisions of Section 3700 of
the California Labor Code which require every
employer to be insured against liability for
·
Workers' Compensation or to undertake self-
insurance in accordance with the provisions of the
Code, and I will comply with such provisions
· before commencing the performance of the work of
th is agreement.
b. Liability Insurance: The Agency shall take ou~ and
maintain during the life of this agreement such Bodily Injury
Liability and Property Damage Liability I-nsurance as shall pro-
tect him while performing work covered by. this agreement from any
and ali"claims for damages for bOdilY injury, including acci-
dental.death, as well as any and all claims for property damage
which may arise from the A§ency operations under this agreement,
whether such operations be by himself or by any sub-cOntractor or
bY anyone directly or indirectly emploYed by either of them and
the amounts of such insurance shall be One Million Dollars
($1,000,000) combined single limit bodily injury and property
damage for each occurrence. The Operating Agent and its
officers, agents, employees and servants shall be named as
additional insureds on any such policies of insurance, which
shall also contain a provision that the insurance afforded
thereby to the Operating Agent, its officers, agents, employees
and servants shall be primary insurance to'the full limits of
-19-
liability of the policy, and that if the Operating Agent or its
officers and employees, have other insurance against a loss
covered by such a policy, such other insurance shall be excess
insurance only.
Such liability policy shall also provide errors and
omissions coverage for all members of the Agency Governing Board,
or it is permissable to obtain coverage under each Participating
Jurisdiction's liability policy naming the Agency Governing Board
as an additional insured for errors and omissions coverage.
c. Property Insurance: The Agency shall acquire and
maintain all-risk property insurance to cover full replacement
value of all Agency equipment. Such insurance shall include but
not be limited to fire and extended coverage, business
interruption and extra expense.
·
28. Time. Time is of the essence of this agreement.
29. 'Amendments. This agreement may be amended by appsoval of
two-thirds of the governing bodies of the parties hereto.
30. Dissolution of Agency. This Ag~ency may be dissolved by a
majority vote of the entire Board. Disposition of assets or
debts of the Agency shall be made in such a manner that each
Participating Jurisd~iction shall share in the proceeds or
expenses consistent with the prorata investments and prorata ·
operating costs set out in ExhibitS A and B.
-20-
IN WITNESS WHEREOF, the governing bodies of the parties
heret, o have caused this joint exercise of powers agreement to be
executed and attested by their respective officials.
CITY OF BURLINGAME
ATTEST
BY:
City Manager
City Clerk
Date: Date:
CITY OF DALY CITY
ATTEST
BY:
City Manager
City Clerk
Date: Date:
CITY OF MENLO PARK
ATTEST
BY:
City Manager
City Clerk
Date · Date:
CITY OF REDWOOD CITY
ATTEST
By:
City Manager
City. Clerk
Date:. , Date:
CITY OF SAN BRUNO
ATTEST
BY:
Date:
City Manager
City Clerk
Date:
-21-
CITY OF SAN MATEO
BY:
City Manager
Date:
ATTEST
City Clerk
Date:
CITY OF SOUTH'SAN FRANCISCO
ATTEST
BY-
City Manager
City Clerk
Date:
Date:
COUNTY OF SAN MATEO
ATTEST
BY:
Date:
Chairman
Board of Supervisors
Date:
Clerk of the Board
D8-58CS-P1/22
-22-
% Library
8.3 Burlingame
~2.6 Daly City
5.3 Menlo Park
O. 0 Red~od City
5.2 San Bruno
4.0 San ~lateo
Public
36.8 San Mateo
JT~Zu n ty
7.8i uth
o~ nFra nc i sco
1
Central
Fixed
34,789
52,811
22,214
41,914
21,795
58,679
154,243
· 32,693
419,138'
2
Central
Variable
7,813
13,059
6,518
9,129
4,501
1 2,888
36,261
8,034
$98,203
ALLOCATIOFI PLAN
START-UP COSTS
3
Central
System Subtotal
42,602
65,870
28,732
51,043
26,296
71,567
190,504
4Q,727
$517,34]
4
Recommend ed
Local Vendor
Costs
23,656
42,963
19,307
31,019
16,059
35,366
116,244
2O,4O5
· $305,019
11/9/81
EXHIBIT A
5
Total
66,258
108,833
48,039
82,062
42,355'
106,933
306,748
61,132
$822,360
i
Cen~tral Fixed Costs
Central Site Hardware & Maintenance
Software & Maintenance
Documentation & Training
OCLC/RLIN Interfaces
Tax
Shipping and Handling
Central Si te 'Preparation
Conversion Costs (excluding staff)
Conversion Coordinator
Contingency @ 15%
Central Varia~ble Costs:
Labels
Supplies
Communication
Contingency @ 15%
Local Vendor Costs
Terminal s
.Modems
Mai ntenance
Tax
Oontingency @ 15%
11/9/81
ALLOCATION PLAN
.ON-GOING COSTS
EXHIBIT B
% Library
8.3 Bur 1 i ngame
2.6 Daly City
5.3 Menlo Park
0.0 Redwood City
5.2 San Bruno
4.0 San Mateo Public
·
16.8 San Mateo County
7.8 ~'--uth San Francisco
C entra 1 C en tra 1 Centra 1
Fixed Costs Variable Costs Subtotal
·
10,710 4,669 15,379
1 6,259 8,285 24,544
6,839 4,509 ll ,348
1 2,904 5,340 18,244
6,710 2,530 9,240
18,065 7,583 25,648
4 7,485 22,316 69,801
10,064 5,078 15,142
129,236 $60,310 $189,346
Central Fixed Costs
Central Site Hardware & Maintenance
Software & Maintenance
Documentation & Training
OCLC/RLIN Interfaces
Tax
Shipping and Handling
Central Site Preparation
Conversion Costs (excluding staff)
Conversion ~ Coordinator
Conti'ngency @ 15%
Recommended
Local Vendor
Costs
3,150
5,723
2,573
4,132
2,137
4,709
15,485
2,714
$40,623
Total
18,529
30,267
13,921
22,376
ll ,377
30,357
'85,286
17,856
$229,969
Central Variable Costs'
Labels
Supplies
Communication
Contingency @ 15%
Local Vendor Costs
Terminal s
Modems
Ma i ntena nce
'Tax
Contingency @ 1 5%
START-UP COSTS
11/9/81
.Vendor Costs
Itardware
Software
Hardware Ha intenance
Software Ma i ntenance
Labels
Supplies
Documentation & Training
OCL¢/RLIN Interfaces
Tax'
~hipping & Handling
II. Local Shared Costs
Site Preparation (Central Site)
Communications (Microwave)
Convers.ion (excluding staff)
Convers ion Coordinator/Systen~s
Manager
Subtotal
Contingency @ 1 5%
lOl~
Central
Fixed
210,700
41,000
11,664
1-,500
2,500
10,000
14 ;754
5,400
297,518
25,000
6,236.
35,714
66,950
364,468
54,670
$419,138
Centra 1
Variable
33,250
19,500
52,750
32,644
$32,644'
85,3
12,809
$98,203
Central
System Subtotal
210,700
41,000
11,664
1,500
33,250
1 9,500
2,500
1 O, 000
14,754
5,400
·
350,268
25,000
32,644
6,236
35,714
$ 99,594
449,862
67,479
$517,341
R ec omm e nd ed
Local Vendor
Costs
235',476
15,630
14,128
265,234
265,234
39,785
$305,019
To ta 1
446,176'
41,000
27,294
1,500
33,250
1 9,500
2,500
10,000
28,882
5,400
615,502
25,000
32,644
6,236
35,714
$ 99,594
715,096
1 O7,264
$822,360
*1980/81
Library Circulation %
Burl i ngame 299,243 8.1
Daly City 593,011 16.0
Menlo Park 201,509 5.5
Redwood City 363,07.9 9.8
San Bruno 171,908 4.7
San Ma teo
Public 426,702 ll.5
San Mateo
County 1,376,278 37.2
South San ~
Franc i sco 266,287 7.2
T.'~-~ LS 3,698,017
COST ALLOCATION FOPJ4ULA
**1'980/81
Volumes %
223,945 12.5
146,865 8.2
106,655 5.9
195,520 10.9
85,057 4.7
10/15/81
**'1980/81
Population % Total %
26,173 4.5 8.3
78,519 13.6 12.6
25,673 4.5 5.3
54,965 9.5 10.0
35,417 6.1 5.2
304,718 17.0 77,561 13.4 14.0
596,521 33.3 230,012
39.8 36.8
8,-6 7.8
135,000 7.5 49,393
·
1,794,281 577,713
* 1980/81 Circulation to the Library's own residents.
the 1980/81 Direct Loan Survey Summary.
** 1980/81 volumes as reported to the State Library.
*** 1980/81 population statistics from the U.S. Bureau of Census.
NOTE' Total population San Mateo County = 588,164 less 10,451
Statistics taken from
for Hillsborough = 577,713
%' Library
8.3 Burlingame $
12.6 Daly City.
\
5.3 Menlo Park
10.0 Redwood City
5.2 San Bruno
14.0 San Mateo
Public
36.8 'San Mateo County
7~ - South San
Fra.ncicso
_ .
Central Fixed Costs:
·
~ EXHIBIT A
·
·
_
A~LOCATION PLAN START-UP COSTS
1 2 3
Central
Central Central System
Fixed Variable Subtotal
34,789 $ 7,813 $ 42,602
5~,811 13,059 65,870
22,214 6,518. 28,732
,o
41,914 9,129 51,043
21,795 4,501 26,296
58,679 12,888 71,567
154,243 36,261 190,504
32,693 8,034 40,727
$4i9,138 $98,203 -$517,341
·
Central Variable Costs:
Central Site. Hardware &
Maintenance
Software & Maintenance
Documental_ion & Training
OCLC/RLIN Interfaces
Tax
Shipping and Handling
Central Site Preparation
Conversion Costs
(excluding staff)
Conversion Coordinator
Contingency at 15%
Labels
Supplies
Communication
Contingency at 15%
4 5
Recommended
Local Vendor
Costs Total
%
$ %'23,656 $ 66,25:
42,96] . ' 108,83[
19,30~Z 48,03!
3'1,019 82,06:
16,059 42,35!
35,366 106.,93:
116,244 306,74~
20,405 61,132
-
$305,019 $822,36[
Local Vendor Costs:
Terminals
Modems
Maintenance
Tax.
Contingency at 15%
DS- .CS-P24
..
·
~ Library
8.3 Burltngame
12.6 Daly City
5.3 Menlo Park
·
10.0 Redwood Ci
5.2 San Brun6.
14.0 San Mateo
Public
36.8 .San Mateo
County
·
7.8 South San
Francisco
_ALLOCATION
Central
Fixed
EXHIBIT B
PLAN oN-GOING
COSTS
$ 10,710
Central
Central System
Variable Subtotal
$ 4,669 $ 15,379
16,259 8,285 24,544
6,839 4,509 11,348
12,904 5,340 18,244
6,710 2,530 9,240
Recommended
Local Vendor
Costs Total
$ 3,150 $-18,526
· ~'~§, 723 30,26~
2,5~3 13,92]
4,132' ' 22,376
2,137 11,37]
18,065 7,583 25,648 4,7.09 30,357
47,485 22,316 69,801 15,485 85,286
10,064 5,078 15,142 2,714 17,856
$12.9,236 $60,310 $189,346 $40,623 $229,969
Central Fixed Costs
Central'Site Hardware
& Maintenance
Software & Maintenance
Documentation & Training
OCLC/RLIN interfaces
Tax
Shipping and Handling
Central Site Preparation
Conversion Costs
(exgluding staff)
Conversion CoordinatOr
Contingenc=. ~ at 15%
DS-58CS-P25
Central Variable Costs
Labels
Supplies
Communication ·
Contingency at 15%
Local Vendor Costs
Terminals
Modems
Ma in'tenance
Tax
Contingency at 15%
I
iI
· ~ EXHIBIT C
cost ALLOCATION FORMULA
.-
Library Circulation %
Burlingame 299,243 8.1
Daly City '593,011 16.0
Menlo Park 201,509 5.5
Redwood City 363,079 9.8
San Bruno 171,908 4.7
San Mateo.
Public 426,702 11.5
San Mateo
county 1,376,278 37.2
:~ou San
'~ra isco 266,287 7.2
TOTALS .3,698,017
.,
Volumes %
223,945 12.5
146,865 8.2
106,655 '.. 5.9
195,520 10.9
85,057 4.7
1980/81
~Populatton
26,173. ~..5
78,519 13,~-:
25,673 4.5
54,965 9.5
35,417 6.1
Total %
8°3'
12.6
5.3
10.0
5.2
304,718 17.0 7'7,561 13.4 14.0'
596,521 33.3 230,012 39.8 36.8
8.6
135,000 7.5 49,393
1,794,281 577,713
7.8
* 1980/81 Circulation to the Library's own residents.
Statistics taken from the 1980/81 Direct Loan Survey Summary.
** 1980/81 volumes as reported to the State Library.
5** 1980/S! population statistics from the U.S. Bureau of Census.
NOTE: Total population San Mateo COunty = 588,164
less 10,451 for Hillsborough = 577,713
.
[1/30/81
]8-58CS-P26