County of San Diego - Provision of Library ServicesAgreement Between the City of Poway and the County of San Diego for the
Provision of Library Services
This Agreement is made and dated this 25th day of September 2019, by and
between the City of Poway, a municipal corporation organized •ursuant to the laws of the
State of California (hereinafter, "City"), and the County of San Diego, a political
subdivision of the State of California (hereinafter, "County"). The City and the County are,
at times, collectively referred to as the "Parties".
WHEREAS, City and County hereto entered into an "Agreement Between the City
of Poway and the County of San Diego for the Provision of Library Services" dated
October 20, 2009, for the purposes of operating the Poway Community Branch Library
and providing a level of service each fiscal year based on the annual Poway Library
budgets approved by the San Diego County Board of Supervisors and the Poway City
Council; and
WHEREAS, That Agreement was amended on May 20, 2014, to extend its term
to August 18, 2019, and to govern the project to remodel the City -owned and County -
operated library building at 13137 Poway Road (such remodel project, the "Poway Library
Remodel Project"); and
WHEREAS, The City wishes to enter into a new agreement with the County for the
provision of library services at the Poway Community Branch Library; and
WHEREAS, The County is agreeable to the rendering of such services subject to
the terms and conditions hereinafter set forth.
NOW, THEREFORE, based on the foregoing recitals, City and County agree as
follows:
1. Previous Agreement. This Agreement supersedes the Agreement Between the
City of Poway and the County of San Diego for the Provision of Library Services
dated October 20, 2009, and amended May 20, 2014, which, as of the Effective
Date (defined in Section 18 below), no longer has any force or effect except for
any rights or remedies granted to the Parties in that agreement.
2. Term. The term of this Agreement shall be for five (5) years commencing upon the
Effective Date. The Parties may renew this Agreement by mutual consent and by
giving written notice of such renewal to the other party in writing, at least sixty (60)
calendar days prior to the expiration date.
3. Termination. City or County may terminate this Agreement, without cause, upon
one hundred and eighty (180) days written notice to the other party.
Notwithstanding the foregoing, if the City terminates this Agreement prior to
December 14, 2019, the City shall pay to the County $150,000 within 60 days of
the termination date. If the City terminates this Agreement prior to December 14,
2020, the City shall pay to the County $75,000 within 60 days of the termination
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date. If the City terminates this Agreement on or after December 14, 2020, the City
shall not be required to pay the County any amount of money.
4. Regular Services by County.
a. The County shall provide to Poway Community Branch Library patrons the
full range of library services currently provided system wide by the San
Diego County Library including, but not limited to, library administration
services, circulation services, technical services, information system
services, adult services, children services, reference and readers advisory
services, community room use, and public programs.
b. The County shall provide library materials collection development at a level
that is consistent with the annual library budget approved by the County
Board of Supervisors.
c. The level of services and materials provided by the County and the City for
the Poway Community Branch Library will be based on the library budget
approved each fiscal year by the County Board of Supervisors. The service
level for the Poway Branch will increase or decrease accordingly, as for all
other County Library branches in like branch categories as detailed by the
County Plan of Service. In the event that the County Plan of Service
changes or is eliminated, the County will provide reasonable notice to the
City prior to the change.
d. The City Manager of the City, or his/her designee, shall be the City's agent
with respect to determining, evaluating, and obtaining the County's
compliance with this Agreement. The Chief Administrative Officer of the
County, or his/her designee, shall be the County's agent.
e. The County shall operate the Poway Community Branch Library in a
manner consistent with the County Board of Supervisors -approved County
Library Plan of Service.
f. The County shall procure, furnish, and supply all gas and electric, labor,
supervision, and supplies necessary to provide the library services, with the
exception that the actual library facility, including community room and
outdoor spaces, and its repairs and upkeep shall be provided by the City.
County staff shall at all times take care to prevent damage to the facility
where possible, whether caused by library staff actions or library patrons.
Library staff shall perform inspections of the facility 3 times per day,
including restrooms, to monitor the condition and note any damage that
occurs. Damage necessitating repair shall be reported to the City in a timely
manner. In case of recurring damage, County shall where possible
ascertain the cause and put in place staff protocols or processes to prevent
g.
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further incidents. County staff may hang items on the interior walls of the
facility but should do so in a way to minimize any damage.
h. The programming of the Community Meeting Room shall be the sole
responsibility of the County. The City will be granted priority access for City -
sponsored meetings, activities, and functions as needed, and at no charge.
All room reservations, policies, set up and take down, and revenues shall
be handled by the County.
i. The City and County shall mutually agree upon terms for the collection of
any additional charges adopted by the Poway City Council for City -
purchased materials that are different from those currently established by
the County.
5. Automation and Telecommunication. The Poway Community Branch Library will
use an automated circulation and online catalog system that is presently used by
the San Diego County Library. Appropriate equipment and quantity of equipment
will be determined and paid for by the County.
a. The County computers and peripheral equipment will be in conformity with
County Information Technology contract provisions and County policies,
and will be connected to the County Library's system giving library users
access to all library materials available in the County Library. The County,
at its sole expense, shall provide telecommunications (including
telephones), computer hardware and software, peripheral equipment, and
support and maintenance of this equipment.
b. Additional computers and software requested by the City beyond what is
provided by the County Library are not permitted. Should the City wish
additional County standard and supported computers or software, the City
will pay County for all initial and ongoing associated costs, including network
access fees and maintenance, if applicable.
6. Enhanced Service Level. The City may request an enhanced level of regular
library -related services, including additional staffing and/or hours of operation.
County shall make its best effort to accommodate the City's request in this regard.
An enhanced level of library services may be purchased by the City from the
County at a rate to be determined by mutual written agreement of both parties. All
requests by the City for enhanced library services shall be made in writing to the
County.
7. Payment Schedule for Enhanced Services. Should City and County agree to
enhanced service levels that become part of this Agreement and are paid by City,
payments by the City to the County shall be made quarterly within thirty (30) days
of receipt of billing from the County.
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8. Reports and Records. The County shall provide the City with a copy of the County
Plan of Service and monthly reports on circulation and other services as requested
in writing by the City.
9. Annual Library Budget Service Planning. In the absence of notification of budget
changes, each entity will prepare their budgets based on the prior year. If change
is required, notification by either party shall be at the earliest point, so neither party
is taken by surprise. The governing premise regarding change is "Good Faith
Effort."
10. Notices. Whenever it shall be necessary for either of the parties to serve notice on
the other regarding this Agreement, such notice may be personally served upon
City or County or any person hereafter authorized by either in writing to receive
such notice or may be served by certified letter addressed to the appropriate
address hereinafter set forth or to such other address as City and District may
hereafter designate by written notice.
CITY COUNTY
City Manager
City of Poway
P.O. Box 789
Poway, CA 92074-0789
Library Director
San Diego County Library
5560 Overland Avenue, Suite 110
San Diego, CA 92123
11. Status of County. County is, and shall at all times be deemed to be, an independent
contractor. Nothing herein contained shall be construed as creating the
relationship of employer and employee, or principal and agent, between City and
County or any of County's agents or employees. County and its Library Director
shall retain all authority for rendition of services, standards of performances,
control of personnel, and other matters incident to the performance of services by
County pursuant to this Agreement. County, its agents, and employees shall not
be entitled to any rights or privileges of City employees and shall not be considered
in any manner to be City employees.
12. Status of City. The City is owner of the library buildings, community room, and
property at 13137 Poway Road. The City shall be responsible for the interior and
exterior maintenance of the buildings, custodial services for the interior of the
buildings, and maintenance of the landscaping surrounding the library facility as
detailed in Exhibit A.
13. State Audit. Pursuant to Government Code Section 8546.7, City and County shall
be subject to examination and audit by the State Auditor for a period of three (3)
years after this Agreement. City and County shall retain all records relating to the
performance of this Agreement for said three-year period, except that records
pertaining to any audit then in progress, or any claims or litigation, shall be retained
beyond said three-year period until final resolution of said audit, claim or litigation.
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14.Alteration of Terms. This Agreement fully expresses all understanding of City and
County with respect to the subject matter of this Agreement and shall constitute
the total Agreement between the parties for these purposes. No addition to, or
alteration of, the terms of this Agreement shall be valid unless made in writing,
formally approved and executed by duly authorized agents of both parties.
15. Indemnification. The Parties, their officers, agents and employees shall not be
deemed to have assumed any liability for the negligence or any other act or
omission of the other Party or any of its officers or employees, or for any dangerous
or defective condition of any property of the other Party.
a. City shall indemnify and hold County, its elected officials, officers, agents,
employees and independent contractors free and harmless from any claim
or liability whatsoever, based or asserted upon the condition of any property
of City, or upon any act or omission of City, its elected officials, officers,
agents, employees, subcontractors and independent contractors related to
this Agreement, for property damage, bodily injury or death or any other
element of damage of any kind or nature, and City shall defend at its
expense including attorney fees County, its elected officials, officers,
agents, employees and independent contractors in any legal action or claim
of any kind based upon such condition of City property, or alleged acts or
omissions.
b. County shall indemnify and hold City, its elected officials, officers, agents,
employees and independent contractors free and harmless from any claim
or liability whatsoever, based or asserted upon any act or omission of
County, its elected officials, officers, agents, employees, subcontractors
and independent contractors related to this Agreement, for property
damage, bodily injury or death or any other element of damage of any kind
or nature, and County shall defend at its expense including attorney fees
City, its elected officials, officers, agents, employees and independent
contractors in any legal action or claim of any kind based upon such alleged
acts or omissions.
16. Dispute Resolution. The parties agree to provide each other with written notice of
nonperformance, unsatisfactory performance, or any other dispute arising from the
terms of this Agreement within thirty (30) days of the deficiency or dispute being
identified. The parties shall have thirty (30) days from receipt of said written notice
to correct any performance deficiencies. The parties agree to cooperate in good
faith to resolve any performance issue or dispute arising from this Agreement. In
the event any dispute cannot be resolved under these procedures, each party
retains such legal and equitable remedies as it may have under law to enforce this
Agreement.
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17. Certification and Indemnification Regarding Public Employees' Retirement
Law/Pension Reform Act of 2013. County hereby certifies that all persons
providing services to City by County are not current members of the California
Public Employees' Retirement System (CaIPERS) and shall not become members
of CaIPERS while providing services to City. County further provides that in the
event SDHS assigns a retired annuitant receiving a pension benefit from CaIPERS
to perform services for City, the retired annuitant is in full compliance with
Government Code section 7522.56. A copy of Government Code section 7522.56
is attached hereto as Exhibit "B." Further, County hereby fully and unconditionally
indemnifies City from all penalties, fees, employer and employee contributions, or
any other assessments imposed by CaIPERS in the event CaIPERS determines
the person assigned by County to provide services to City has been misclassified.
County and City have executed this Agreement as of the day and year written
below. This Agreement shall be effective after it is approved and authorized by the
County's Board of Supervisors and upon as of the date of its execution by the County's
Director, County Library (such date, the "Effective Date").
CITY OF POWAY
Chris Hazeltine, City Manager
Date: •2'' 11
ATTEST:
Faviola Medin
, City Clerk
APPROVED AS TO FORM:
Alan Fenstermacher, City Attorney
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COUNTY OF SAN DIEGO
Library Director
Date: q---02
APPROVED AS TO FORM:
Senior Deputy County Counsel
Exhibit A
Facility Maintenance and Repair
As owner of the Library property and building, City shall have responsibility for facility
maintenance and repair, including but not limited to the following:
• Maintain all landscaping including irrigation equipment and plant materials, as
well as all outdoor areas including parking lots and walkways.
• Raise and lower flags as necessary.
• Provide daily janitorial service to all indoor areas (library, bookstore, conference
room) including:
o Emptying of trash containers
o Sweeping, mopping, dusting, and other general cleaning
o Wiping/dusting exposed tabletops and other surfaces
o Vacuuming of carpets, including moving and replacing furniture as
necessary
o Restroom cleaning and restocking
• Provide a copy of the janitorial services scope and schedule to the library
• Provide deep cleaning services at a frequency based on the janitorial scope and
schedule
• Clean windows as part of deep cleaning at a frequency based on the janitorial
scope and schedule
• Power -wash the outdoor patio area at a frequency based on the janitorial scope
and schedule
• Provide routine repair and maintenance of indoor facilities, including keeping the
facility in a safe operating condition, painting interior and exterior, interior and
exterior lighting, plumbing repairs, HVAC repairs and maintenance, glass repair
and replacement, pest control, door and lock maintenance and repair,
security/alarm system maintenance and repair, water heater maintenance and
repair, floor maintenance and repair including refinishing, fire exit signs and other
safety items, and utility repairs.
• Perform any capital upgrades, replacement, and major maintenance of indoor
facilities including HVAC replacement, flooring replacement, roofing, fire
suppression/fire alarm system, and electrical switching panels and gear.
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Exhibit B
Government Code Section 7522.56
(a) This section shall apply to any person who is receiving a pension benefit from a public
retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract
directly by, a public employer in the same public retirement system from which the retiree
receives the benefit without reinstatement from retirement, except as permitted by this
section.
(c) A person who retires from a public employer may serve without reinstatement from
retirement or Toss or interruption of benefits provided by the retirement system upon
appointment by the appointing power of a public employer either during an emergency to
prevent stoppage of public business or because the retired person has skills needed to
perform work of limited duration.
(d) Appointments of the person authorized under this section shall not exceed a total for
all employers in that public retirement system of 960 hours or other equivalent limit, in a
calendar or fiscal year, depending on the administrator of the system. The rate of pay for
the employment shall not be less than the minimum, nor exceed the maximum, paid by
the employer to other employees performing comparable duties, divided by 173.333 to
equal an hourly rate. A retired person whose employment without reinstatement is
authorized by this section shall acquire no service credit or retirement rights under this
section with respect to the employment unless he or she reinstates from retirement.
(e) (1) Notwithstanding subdivision (c), any retired person shall not be eligible to serve or
be employed by a public employer if, during the 12 -month period prior to an appointment
described in this section, the retired person received any unemployment insurance
compensation arising out of prior employment subject to this section with a public
employer. A retiree shall certify in writing to the employer upon accepting an offer of
employment that he or she is in compliance with this requirement.
(2) A retired person who accepts an appointment after receiving unemployment insurance
compensation as described in this subdivision shall terminate that employment on the last
day of the current pay period and shall not be eligible for reappointment subject to this
section for a period of 12 months following the last day of employment.
(f) A retired person shall not be eligible to be employed pursuant to this section for a
period of 180 days following the date of retirement unless he or she meets one of the
following conditions:
(1) The employer certifies the nature of the employment and that the appointment is
necessary to fill a critically needed position before 180 days have passed and the
appointment has been approved by the governing body of the employer in a public
meeting. The appointment may not be placed on a consent calendar.
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(2) (A) Except as otherwise provided in this paragraph, for state employees, the state
employer certifies the nature of the employment and that the appointment is necessary
to fill a critically needed state employment position before 180 days have passed and the
appointment has been approved by the Department of Human Resources. The
department may establish a process to delegate appointing authority to individual state
agencies, but shall audit the process to determine if abuses of the system occur. If
necessary, the department may assume an agency's appointing authority for retired
workers and may charge the department an appropriate amount for administering that
authority.
(B) For legislative employees, the Senate Committee on Rules or the Assembly Rules
Committee certifies the nature of the employment and that the appointment is necessary
to fill a critically needed position before 180 days have passed and approves the
appointment in a public meeting. The appointment may not be placed on a consent
calendar.
(C) For employees of the California State University, the Trustees of the California State
University certifies the nature of the employment and that the appointment is necessary
to fill a critically needed position before 180 days have passed and approves the
appointment in a public meeting. The appointment may not be placed on a consent
calendar.
(3) The retiree is eligible to participate in the Faculty Early Retirement Program pursuant
to a collective bargaining agreement with the California State University that existed prior
to January 1, 2013, or has been included in subsequent agreements.
(4) The retiree is a public safety officer or firefighter hired to perform a function or functions
regularly performed by a public safety officer or firefighter.
(g) A retired person who accepted a retirement incentive upon retirement shall not be
eligible to be employed pursuant to this section for a period of 180 days following the date
of retirement and subdivision (f) shall not apply.
(h) This section shall not apply to a person who is retired from the State Teachers'
Retirement System, and who is subject to Section 24214, 24214.5, or 26812 of the
Education Code.
(i) This section shall not apply to (1) a subordinate judicial officer whose position, upon
retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns
to work in the converted position, and the employer is a trial court, or (2) a retiree of the
Judges' Retirement System or the Judges' Retirement System II who is assigned to serve
in a court pursuant to Section 68543.5.
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