Loading...
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 IS J - �l xr , I 4 y `µ,Y J W 1961 �t I ITA) LIFp� �q' 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 r r 1 BOOKSTORE El * * • f FCOURTYARD i { I I D I'LA SAL r I 1 I r i- 1 r 0 M r Z ■ ■ LA SALA COURTYARD LT vT ■ ENTRANCE BOOKSTORE) 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 our • • ���r� li'•���rla�l�r��j:��? �������Y�f'R7i�ll���l±��i�����d` i1 r ��r kk New F+Yf:rr�+ _ 1.. � i 1 , p•- ISI �+�a.�•r double glass doors. K � �.. 1 '�, iii► + �.. ,�'.� h r k` + } � y - +'r � ` art 1 r •;+ 24 *j-IL�; Y a .�' .~�•`'•' •S 'a"a '.AE may`�� -�. �,.n{•■ _ �' •+^ - - � � ` :i .'��. _`ii~ �ems. :;1.� '.r � � - I � ■ � ■ •xnnfwu�ur Vol pill LA SALA- f window Sala Courtyard south to match the • Page 5 I '+ 4 pf C, 4 A 9 LA SA LA r• AW d .5 _ - � 5rc)&f Notes: New copper awning over entry � Zr doors to match the existing w F detail located on monument ' .s ,• ' sign and building walls. Text font to match existing I raised letters on building or hand painted. Option #1: Raised Steel Letters. Option #2: Painted Letters. Page 6 ................ --- w ar it '��' R r ! i�r•N•rT;;�'�'� •4 !r_ � r` Q. �7r!� +r .',� � F�s �4��r�� � - 1,"� ` •- �L���� .*�� �y tr: •.,i.- : .'?? 7.,'�i;d .r� �-r+ "'r ��.� � rr .sr TI .��'.. ,- LF';f i.•_• .. r r T -., -' -�; _,x, ��/�gef.�rf� .. •�Z�' S±,.. �„� -I,--'-�Y Wit• �f...• ./t r •• wars+•. i-