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HomeMy WebLinkAboutE-05 Staff Report - AUSD Library ServicesCONSENT ITEM E-5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ANN GRAF, DIRECTOR OF INFORMATION TECHNOLOGY AND LIBRARY SERVICES DATE: NOVEMBER 4, 2019 SUBJECT: APPROVAL OF AGREEMENT FOR PROFESSIONAL LIBRARY SERVICES FOR AZUSA UNIFIED SCHOOL DISTRICT BACKGROUND: The Azusa Unified School District is requesting professional library services from the Azusa Library. This action approves an agreement between the Azusa Unified School District (AUSD) and the Azusa Library, for providing professional library Services. RECOMMENDATION(S): It is recommended that the City Council take the following action: 1. Approve the agreement for the 2019/20 school year between the Azusa Unified School District and the Azusa Library, for professional library services; and 2.Authorize the City Manager, or designee, to execute the agreement, in a form acceptable to the City Attorney, on behalf of the City. ANALYSIS: The AUSD does not have staff with a Library Services credential and is looking for a long term solution to fill this requirement. Other local districts similar in size often partner with their local library for staff to provide professional development, planning and related services which satisfies the requirement for the District. The purpose of this Agreement is for the City to provide the District with certain professional services, related to the operation of the District's school library services within District facilities as set forth in scope of services. This will be at no cost to the city as AUSD will pay the compensation for the time. APPROVED CITY COUNCIL 11/4/2019 AUSD Agreement for Library Services November 4, 2019 Page two FISCAL IMPACT: There is no fiscal impact. The City will invoice the District four times per year after the quarter has been completed with an accounting of the hours provided by the City employee for the services rendered. The burdened hourly rates will be reimbursed quarterly. No additional funds are required. Prepared by: Reviewed and Approved: Ann Graf Sergio Gonzalez Director of Information Technology City Manager and Library Services Attachments: 1) Agreement between AUSD and City of Azusa for Professional Library Services Agreement By and Between Azusa Unified School District and the City of Azusa for Professional Library Services This agreement ("Agreement") is entered into as of November 4, 2019 by and between the Azusa Unified School District, hereinafter referred to as “the District," and the City of Azusa, a California municipal corporation, hereinafter referred to as "the City." SECTION 1. PURPOSE OF AGREEMENT The purpose of this Agreement is for the City to provide the District with certain professional services, related to the operation of the District's school library services within the District facilities in Los Angeles County, California, as set forth in Section 3. SECTION 2. TERM OF AGREEMENT The term of this Agreement will be one year starting November 4, 2019, and will continue thereafter from year to year, under the same terms and conditions, unless terminated by either of the parties. This Agreement may be terminated by either party at any time, with or without cause, during the term of the Agreement by giving written notice to the other party not less than sixty (60) days prior to the date of termination. In the event of termination; the City will submit to the District an invoice for payment of services within thirty (30) days of termination; and the District agrees to pay such invoice within thirty (30) days of receipt, to the extent the invoice does not exceed the reimbursement schedule in Exhibit A for the Agreement. SECTION 3. SCOPE OF SERVICES The services to be performed by the City involve strictly advising District Administration on the selection and ordering of library books, general consulting regarding school library services and activities, and participating with the District Library Technician meetings (not to exceed four during the fiscal year). The City assigned personnel for this Agreement shall have no direct or indirect supervisorial authority or responsibility relating to any District employees, officers, agents or volunteers. Training topics to include: 1.) Digital Library Resources & Chromebook Access 2.) Research Methods and Tools 3.) Promoting Independent Reading and Library Services- Partnership with Azusa City Library 4.) Resources, Activities and Library Best Practices City personnel providing any of the services under this Agreement shall be selected at the discretion of the City and supervised by the City Library Director or a City Senior Librarian. City personnel providing the services under this Agreement shall at all times be under the City's exclusive direction and control. Neither the District nor any of its officers, employees or agents Attachment 1 shall have control over the conduct of City personnel, or over any of the City's officers, employees or agents, except as set forth in this Agreement. District shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City; or that any City officers, employees or agents are in any manner officers, employees or agents of the District. District shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind the City in any manner. The services to be provided by the City to the District under this Agreement are specifically described in this section and only this section. Any change to the scope of services can only be done through a written amendment approved by both parties. SECTION 4. COMPENSATION The District agrees to pay the City the compensation described in Exhibit A for services listed in Section 3. This limit of reimbursement shall be not to exceed three (3) hours per; quarter unless both parties agree in writing to an adjustment in total reimbursable hours per quarter. Compensation and reimbursement to the City shall be as set forth in Exhibit A attached hereto and made a part hereof. Payments shall be made within thirty (30) days after receipt of each invoice as to non-disputed fees. If the District disputes any of the City's fees, the District shall give written notice to the City within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. SECTION 5. DEFENSE, INDEMNITY AN HOLD HARMLESS The City shall defend, indemnify and hold harmless the District, its agents, officials, officers, representatives and employees from and against all claims, lawsuits, liabilities or damages arising from the sole and exclusive negligence or willful misconduct of the City, its agents, employees, and subcontractors, and employees thereof, in the performance or non- performance of this Agreement. The District shall defend, indemnify and hold harmless the City, its agents, officials, officers, representatives and employees from and against all claims, lawsuits, liabilities or damages arising from the sole and exclusive negligence or willful misconduct of the District, its agents, employees, and subcontractors, and employees thereof, in the performance or non- performance of this Agreement. SECTION 6. NOTICES All notices pertinent to the Agreement shall be sent to the parties as follows: Dr. Linda Kaminski Azusa Unified School District 546 S Citrus Ave Ann Graf Azusa Public Library 729 N Dalton Ave. Azusa, CA 91742 (626) 967-6211 Azusa, CA 91742 (626) 812-5232 SECTION 7. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties. No alteration or variation of any term of Agreement will be valid unless approved by the City Council and District Board, made in writing and signed by each of the parties hereto, and no oral understanding or agreement not incorporated herein by writing will be binding on any of the parties hereto. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. SECTION 8. NO THlRD PARTY BENEFICIARIES Except for indemnities under section 5, this Agreement does not confer any rights on any third party, and nothing set forth herein will be construed so as to confer on any third part y a right of action under this Agreement. Dated: ____________________ Dated: ____________________ Azusa Unified School District City of Azusa __________________________ Jorge Ronquillo Assistant Superintendent, Human Resources __________________________ Sergio Gonzales Azusa City Manager EXHIBIT A FEE SCHEDULE The Azusa Unified School District ("District") shall pay the City of ("City") by the hour for services provided through this Agreement as follows: 2019-20 Fully Burdened Compensation Rate for Library Services Manager $70.48 per hour, and Sr. Librarian Youth Services $49.16 per hour. The hourly rate can be adjusted by the City of at any time based on actual increases to the Fully Burdened Compensation Rate as calculated by the Finance Department. However, that annual adjustment shall not increase from year to year by more than ten (10) percent, with any excess being permitted to be allocated in the following yearly adjustment. The City will provide the District with a Quarterly invoice itemizing the hours expended in performance of such services pursuant to this Agreement. The total contract not-to-exceed amount is three (3) hours per quarter under this Agreement within any City fiscal year period from July 1 to June 30 of the following year, unless there is prior written authorization from the Superintendent of the District to the Library Director of the City of Library to raise the contract not-to-exceed amount, and the City agrees in writing to perform additional contract services. The Library Director of the City of Library may decline a proposed increase in the contract not-to-exceed amount if the City lacks necessary employee position allocations to provide additional services, in which case t he Library Director of the City of Library will provide prompt written notification to the Superintendent of the District of this fact. The City shall invoice the District on a four times per year basis in arrears after the Quarter has been completed with an accounting of the hours provided by the City employee for the services rendered. The District shall pay the County's invoices within thirty (30) days of receipt.