12-0918_FRIENDS OF THE LIBRARY_Memorandum of Understanding MEMORANDUM OF UNDERSTANDING
FOR
FRIENDS OF THE LIBRARY BOOKSTORE RELOCATION
This MEMORANDUM OF UNDERSTANDING FOR FRIENDS OF THE LIBRARY
BOOKSTORE RELOCATION ("MOU") is made and entered into by and between the CITY OF
SAN JUAN CAPISTRANO, a California municipal corporation ("City"), and the SAN JUAN
CAPISTRANO FRIENDS OF THE LIBRARY ("Friends"), on September , 2012. The
City and Friends are sometimes individually referred to herein as a "Party" and collectively as
the "Parties-"
RECITALS
A. The Friends are a nonprofit corporation existing to support and raise public awareness
about supporting the local public library and its programs.
B. The Friends currently operate a bookstore within the portion of the Library property
under the, City's control.to support its nonprofit purposes.
C. The City supports the Friends'nonprofit purposes.
D. The Friends need to relocate the existing bookstore and construct a new bookstore in
the portion of the Library known as the Bland Garden to better serve its nonprofit purposes.
E. The Patties desire to initiate negotiations to create a fi-amework on which to proceed
with to enable the relocation and construction of the new bookstore.
. AGREEMENT
1. Recitals. The above Recitals are true and correct and are incorporated herein by
this reference.
2. Term. The term of this MOU shall commence on the date first above written and
shall remain in effect until September 30, 2013 unless terminated earlier in writing by both
Parties.
3. Obligations of Friends.
a. Friends will provide plans and specifications for bidding the work for the
project in compliance with. the City's construction standards and state law and prepared by
licensed professionals. The City will not be deemed to employ, contract with, or be responsible
for anyone who prepares such plans and specifications. The plans and specifications shall be
acceptable to the City's Public Works Director/City Engineer for bidding out the work in
accordance with the City's regulations and State law.
b. Friends will fund the full costs of the project. Prior to approval of the
plans and specifications by the City Council. for ridding the project work, Friends shall deposit
with the City an amount equal to the City Engineer's estimate for the cost of construction plus a
ten percent (1.0%) contingency. The City will keep the funds in a segregated account to be used
solely for the project, and will provide an accounting thereof from time to time upon request of
the Friends, not to exceed more than once per month, and will provide a. final accounting upon
completion of the project.
4. Obligations of City.
a. City agrees to obtain the Friends' consent and approval for any proposed
change to the project after it has been bid out for construction, which approval shall not be
unreasonably withheld or delayed.
b. City agrees to obtain the Friends' consent and approval should the lowest
qualified bid exceed the amounts on deposit with the City for the project. If the proposed actual
contract amount (as approved by the Friends pursuant to this Section 4(c)) exceeds the amount
on deposit with City, and the Friends approve the increased contract amount, the Friends shall
deposit such amounts as are necessary to equal 110% of the approved actual contract amount
within 1.5 days of written notice from the City. City shall be under no obligation to enter any
contract until any required additional deposit has been made.
c. If no construction contract is entered into by the City pursuant to this
MOLT, City will return to Friends the amount on deposit with the City within. thirty (30) days
after expiration of this MOLT or such earlier termination date mutually agreed by the Parties in
writing. If a construction contract is entered into by City, City will return to Friends any
amounts deposited by the Friends in excess of the total cost of the project within thirty (30) days
after payment of all project costs.
5. ]Further Understanding of the Parties.
a. The Friends will continue to 11 erate the existing bookstore space pending
the completion of the project until the ninetieth (90 ) day after the City Council has issued the
notice of completion of the project.
b. The Parties will enter into a separate, subsequent agreement delineating
the Friends' exclusive right to operate and maintain the new bookstore once it has been
completed and will attempt to enter into any necessary agreement with the County of Orange
related to access or use of the library facilities. The Parties will work in good faith to complete
any agreements within a reasonable time. If the Parties are unable to reach agreement with the
County, the Parties will meet and confer in good faith to modify the plans and specifications and
this MOU to allow the project to proceed without an agreement with the County.
6. Indemnification. Each Party ("Indemnifying Party„) shall defend, indemnify and
hold harmless the other Party, its officers, officials, employees, representatives and agents
("Indemnified Party") from and against any and all actions, suits, proceedings, claims, demands,
losses, costs, and expenses, including legal costs and attorneys' fees ("Claims"), for injury to or
death of person.(s), for damage to property caused by, the negligent or intentional acts of the
Indemnifying Party, its officers, anyone directly or indirectly employed by Indemnifying Party
and agents or anyone for whose acts the Indemnifying Party may be liable related to this MOU.
7. Miscellaneous.
a. Entire Agreement, Waivers, and Amendments. This MOU
incorporates all of the terms and conditions mentioned herein, or incidental hereto, and
supersedes all negotiations and previous agreements between the Parties with respect to all or
part of the subject matter hereof. All waivers of the provisions of this MOU must be in writing
and signed by the appropriate authorities of the Party. A waiver of the breach of the covenants,
conditions or obligations under this MOU by either Party shall not be construed as a waiver of
any succeeding breach of the same or other covenants, conditions or obligations of this MOU.
Any amendment or modification to this MOU must be in writing and executed by the appropriate
authorities of the City and the Friends.
b. Further Assurances, Mutual Cooperation. The Parties shall perform
such further acts, including execution of documents, as are necessary to effectuate the intent of
this MOU.
C. Approval Authority. The persons executing this MOU on behalf of the
Parties hereto warrant that they are duly authorized to execute this MOLT on behalf of said Parties
and that by so executing this MOU the Parties hereto are formally bound to the provisions of this
MOU.
d. Interpretation; Governing Law. This MOU shall be construed
according to its fair meaning. This MOU shall be construed in accordance with the laws of the
Mate of California in effect at the time of the execution of this MOU.
e. Severability. If any provision of this MOU is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will
nevertheless continue in full force without being impaired or invalidated in any way.
f. Time of Essence. Time is made of the essence with respect to the
performance by the City and Friends.
g. No Third Party Beneficiaries. The Parties intend and agree that no third
parties shall have any rights to enforce any provision of or any obligation created by this MOU.
h. Waiver of Breach. The waiver by one Party of any breach by the other
Party of any of the provisions of this MOU, irrespective of the length of time for which such
failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent
breach either of the same or another provision of this MOU.
i, Notice. Any written notice given under the terms of this MOU shall be
either delivered personally or mailed certified mail, postage prepaid, addressed to the party
concerned, as follows:
To City: City of San Juan Capistrano
Atte,: C y Manager
32400 Pasco Adelap
San Juan Capistrano, CA 92675
To Friends: San Juan Capistrano Friends of the Library
Attn.: President and/or Jean Vincerrzi, Governmental Liaison, Board of
Directors
21495 El Camino Real
Sart Juan Capistrano, CA 92675
j. Counterparts. This MOU may be executed by the Parties in
counterparts, which counterparts shall be construed together and have the same affect as if all of
the Parties had execrated the same instrument.
IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the date first set
forth above.
CI'T'Y OF SAN JUAN CAPISTRANO,
a California municipal corporation ,
Its:
ATTE$'
s`
City C"K,
APPROVED A TO F RM:
City Attorney
SAN JUAN CAPISTRANO FRIENDS OF THE LIBRARY,
a California nonprofit corporation
By:
Its:
, �
32400 PASEO ADELANTO %; MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO,CA 92-675 i
LEVATO
(949)493.1179 e� SAMLAURA
FREESE
(949)493-10 53 F'Ax ® g� incoAvaaarfo
www.sanjuancapistrano.org �i7�S° �� DERE REEVKRAME• � DEREK REEVE
JOHN TAYLOR
� s
TRAIN'SMI I 1 AL
TO:
San Joan Capistrano Friends of the Library
Attn: President and/or Jean Vincenzi, Governmental Liaison
21495 EI Camino Real
San Juan Capistrano, CA 92675
DATE: September 24, 2012
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
RE: Memorandum of Understanding —Relocation of Bookstore
Enclosure:
(1) Memorandum of Understanding — Relocation of Bookstore
If you have questions concerning the agreement, please contact David Contreras, Senior
Planner at (949) 443-6320.
Cc: David Contreras, Senior Planner
San .Tuan Capistrano: Preserving the Past to Enhance the Future
Printed on 300%recycled paper
9/18/2012
;,.
Fla
City of San Juan Capistrano
gerervices
ort
TO: Karen P. Brust, Citya
FROM: Grant Taylor, Developmrector'
mer
Prepared by: David Contreras, Senior Planner,, -S-Ar-
DATE: September 18, 2012
SUBJECT: Consideration of Modifications to the San Juan Capistrano Library -
Relocation of the Friends of the Library Bookstore to the Bland Garden
and Consideration of a Memorandum of Understanding (MOU)
RECOMMENDATION:
By motion,
1) Approve the relocation of the Friends of the Library Bookstore to the Bland Garden
area; and,
2) .Consider a Memorandum of Understanding (MOU) between the City and the Friends
of the Library and Authorize the City Manager and the City Attorney to finalize.
EXECUTIVE SUMMARY:
The Friends of the Library Board is requesting to relocate its bookstore to the Bland
Garden from its current City-owned location adjacent to the library. The existing
bookstore is located at the northwest corner of the library and does not have direct
pedestrian visibility or access from El Camino Real or Acjachema Street. The existing
rooms encompasses 400 square feet whereas the Bland Garden area once constructed
could accommodate 735 square feet with direct exposure to EI Camino Real. In
addition, the bookstore could operate when the library is not open.
The Friends of the Library Board is also requesting City Council consideration of a
Memorandum of Understanding (MMU) between the City and the Friends of the Library.
The MOU will be provided under a separate cover and will include provisions that
require the Friends to provide plans and specifications for bidding the work for the
project in compliance with the City's construction standards and state law and prepared
by licensed professionals. In addition, the Friends will fund the full costs of the project.
DISCUSSLON1ANALY SIS:
In 2007, the City Council approved a Needs Assessment and Schematic Design
program for the San Juan Capistrano Library. The Assessment included a Phase 1
option which called for relocating the Bland Garden from its current location to the
City Council Agenda Report
September 13, 2012
Page 2 of 3
exterior of the building. The Eland Garden area could then be remodeled to include a
solid roof with interior restrooms and a janitor room. Following the approval of the
Deeds Assessment, County and City staff and the Friends of the Library discussed the
relocation of the Friends of the Library Bookstore. The Bland Garden area has been
mutually identified by the City, County, and the Friends as an appropriate location for
the relocated bookstore because it is located along a main public walkway; is facing the
main parking lot; and construction would be relatively simple.
The Friends of the Library has been very active in fundraising efforts to relocate the
Bookstore from its existing location and told the City it has raised over $250,000
towards this project. The Friends of the Library also raises approximately $50,000 a
year in book sales; which is thea donated to the library. The relocation and direct
exposure to EI Camino Real will make the bookstore far more visible to pedestrian
traffic and is expected to result in an increase of book sales which would provide greater
financial support for the library operation/mission. It could potentially generate
additional circulation in the library which has been decreasing.
• On July 25, 2012, staff submitted a project scope to the Office of Michael Graves
(Attachment 5) for review and comment. Michael Graves is the renowned
architect of record that designed the Library building. The project includes the
following:
a Install double glass doors at the El Camino Real elevation.
o install new windows. One (1) window at La Sala Courtyard (to match
windows on south elevation), four (4) windows on Fl Camino Real
elevation (installed in existing insets).
• Install a copper awning over the new double glass doors.
• New signage on or below copper awning.
o New roof over the Mand Garden.
• On July 27, 2012, staff received an email from the office of Michael Graves
indicating approval of the relocation of the bookstore to the Bland Garden
(Attachment 2).
• On August 6, 2012, staff received a letter from Helen Fried, Grange County
Librarian endorsing the relocation of the bookstore to the Bland Garden
(Attachment 3).
• On August 13, 2012, staff received an email from dean Vincenzi, Friends of the
Library Board Member indicating that the Board voted to relocate the bookstore
to the Bland Garden (Attachment 4).
The proposed project will be managed by the City on behalf of the Friends of the Library
per the conditions and provisions as outlined in the draft Memorandum of
Understanding (MOU) (Attachment 1). The Friends of the Library will be responsible to
provide the funding of the project in advance of bidding the project for construction.
City Council Agenda Deport
September 18, 2012
Page 3 of 3
FISCAL IMPACT:
The cost of the proposed bookstore relocation will be funded by the Friends of the
Library. The estimated cost is $186,114 as identified in plans dated November 3, 2010.
The project will have a limited impact on the General fund in order to provide funding.
Building permit related fees will be calculated once the City receives construction plans
for the project.
ENVIRONMENTAL IMPACT:
This project has been reviewed in accordance with the California Environmental Quality
Act. The City's Environmental Administrator has determined that the project is
categorically exempt from further review per Section 15301 Existing Facilities. A Notice
of Exemption (NOE) will be posted should the project receive final approval.
PRIOR CITY COUNCIL REVIEW:
Not applicable.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
None at this time. Staff recommends Planning Commission review.
NOTIFICATION:
Notification has been provided by the posting of the agenda packet on the City's
website. In addition, notification has been provided to:
Carla Hope, San Juan Capistrano Librarian
Helen Fried, Orange County Librarians
Susie Wernet, President, Friends of the Library
Jean Vincenzi, Friends of the Library Board member
Topsy Bland
ATTACHMENTS:
Attachment 1 — Memorandum of Understanding (MOU)
Attachment 2 — Michael Graves Office Email
Attachment 3 — Helen Fried, Orange County Librarian Letter
Attachment 4 —Jean Vincenzi, Friends of the Library Board Member Email
Attachment 5 — Project Scope
ATTACHMENT 1
MEMORANDUM OF UNDERSTANDING
WILL BE DISTRIBUTED SEPARATELY
ATTACHMENT 1
David Contreras
From: Peter Neilson <pneilson@michaelgraves.com>
Sent: Friday,July 27, 2012 9:23 AM
To: David Contreras; Grant Taylor
Cc: Mary Kate Murray; Michael Graves
Subject: San Juan Capistrano library bookstore
Dear David and Grant,
Michael and I discussed your plans to relocate the bookstore to the Bland Garden. Michael approves of your plans and
appreciates the sensitivity of the design to the details and concept of the original design. He also appreciates the fact
that you continue to consult him on changes to the library.
As the design develops Michael would appreciate the opportunity to comment on the landscaping,the detailing of the
new doors and copper canopy, the signage and lighting and to review and comment on the drawings as they progress.
What are the plans for the lattice pavilion to the right of the new entrance?
What are the plans for the roof? Michael wants to be sure the roof drains properly.
I will be in the office next week if you have any questions.
Thanks from Michael,
Peter
1
ATTACHMENT 2
a�
Our
Com Community Resources
s�r,r.
STEVE FRANKS
DIREC'-OR
OC COMMUNITY RESOURCES August 6, 2012
RYAN DRASEK Susie Wernet
DIR�CC OR
OC ANIMAL CARE President, f=riends of the Library
26000 Ave, Acropuerto #38
KAREN ROPER San Juan Capistrano, CA 92675
DIRECTOR
oc COMMUNrrY SL•RViCES
MAPK DENNY RE: Sara.Juan Capistrano Library Expansion Project
DIRECTOR
OC PARxs
HELEN FRIED Lear Ms. YV ernet:
COUNTY LIBRARIAN
OC PUBLIC LMRARI S After careful review and consideration, OC Public Libraries has determined
that it is not in the bast interest of San. Juan. Capistrano Library to relocate the
Friends of the Library bookstore from its current location to the entrance of the
library,
As discussed at previous meetings regarding the San Juan Capistrano Library
Expansion Project, relocating the Friends o'1'tlie Library Bookstore to the front
entrance of the library would not be desirable and would not meet the library's
primary goal of serving the public.
Relocating the bookstore to the space currently at the front of the
library and currently occupied by the circulation desk would. displace
library staff.
* The bookstore would occupy a major portion of valuable library space.
As .it is, the current: library space is inadequate to rneet the library's
deeds.
w As noted, the building was designed by renowned architect, Michael
Graves, and is a landmark library building. Moving the bookstore into
the space desired by the Friends would violate the architect's original
design.
0 There are no vacant areas of the library to accomodate the functions
that take place behind the circulation desk if displaced by the bookstore.
The expansion project would require major construction work and
would require the library to be closed to the public during renovation.
OC PL'8L]C LIBRARIES The project would be costly and no provisions for such project are in
1501 E ST.ANDREW 'LACE OC Public Libraries budget. The; project. would have to be funded by
SANTA ANA,CA �)2705-4930 City of Sal' .Tuan Capistrano and the 1~riends.of the Library,
PHGNE' 714,566.3000
FAX: 714,5GFi.3 �2
Page 1 ATTACHMENT 3
We value; and appreciate the Friends of the Library and all that they .have done
to support San Juan Capistrano Library. The alternative plan. we have
suggestedof moving the bookstore to the Bland Garden would be less costly
and would meet the friends desire to have visibility for the bookstore.
Relocating the bookstore to the Bland Garden has also been approved by
Michael. Graves & Associates as indicated in an ennail from Peter Nelson of the
sane Design.Group.
If you have any questions any questions; please contact me at (714) 566-3040,
Very truly yours,
fie.len Fried
County Librarian
Cc: Supervisor Patricia Bates, Fifth District, Board of Supervisors
Don Hughes, Chief of Staff, Fifth District, Board of Supervisors
Daren P. Brust, City Manager, City of San Juan Capistrano
Steve franks, Director, OC Community Resources
Anna Peters,Dir. of Administrative Services; OC Community Resources
Bob Genzel.., Manager, Central Project Office, OC Community Resources
File
Page 2
David Contreras
From: Jean VINCENZI [mailto:jvsezciao@gmail.com]
Sent: Monday, August 13, 2012 8:56 PM
To. Karen Brust; Laura Freese; Grant Taylor
Subject: the moving of the bookstore
Hello Karen, Laura and Grant,
Our Board tonight voted to accept the plan of moving the bookstore to the Bland Garden but we have a couple
of caveats to the agreement. Mary DeMers and I would like to meet with whomever can hear our concerns and
work them out asap. I know we want to try to get this before the City Council by the Sept. meeting. Can
someone please contact me in the next day or two and arrange a time to meet. Thank you -we shall prevail.
ciao,
Jean
ATTACHMENT 4
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San Juan Capistrano Library
San Juan Capistrano, California
Bookstore Relocation Project
July 24, 2012
ATTACHMENT5
Page 1
Purpose & Intent
In 2007, the City Council approved a Needs Assessment and Schematic
Design program for the San Juan Capistrano Library. The Assessment
included a Phase 1 option which called for relocating the Bland Garden
from it's current location to the exterior of the building. The Bland
Garden area would then be remodeled to include a solid roof with
interior restrooms and a janitor room. Following the approval of the
Needs Assessment, County and City staff and the Friends of the Library
discussed the relocation of the Friends of the Library Bookstore. The
Bland Garden area was identified as the ideal location for the relocated
bookstore because it's located along a main public walk and is facing
the main parking lot. The Friends of the Library have been very active
in fundraising efforts to relocate the Bookstore from its existing location
to the Bland Garden area and they have raised over $250,000 towards
this project. The Friends of the Library also raise approximately $50,000
a year in book sales; which is then donated to the library. The
relocation and direct exposure to EI Camino Real will make the
bookstore for more visible to pedestrian traffic and is expected to result
in an increase of book sales which would provide greater financial
support for the library operation/mission.
EXISTING
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BOOKSTORE
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ENTRANCE
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Project Scope
The project includes the following:
• Install of double glass doors at the EI Camino Real elevation.
• Install new windows. One (1) window at La Sala Courtyard (to
match windows on south elevation), four (4) on EI Camino Real
elevation (installed in existing insets).
• Install of a copper awning over the new double glass doors.
• New signage on or below copper awning.
• New roof over Bland Garden.
Page 2
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w F detail located on monument
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Text font to match existing
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Option #1: Raised Steel Letters.
Option #2: Painted Letters.
Page 6
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