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HomeMy WebLinkAboutOrange County California Genealogical Society - 2018-03-19 (2) Dept. ID ED 18-03 Page 1 of 2 Meeting Date: 3/19/2018 Alt -pop/JV ez /V—VI CITY OF HUNTINGTON BELCH �= REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 3/19/2018 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kellee Fritzal, Deputy Director, Office of Business Development SUBJECT: Approve and authorize execution of a License Agreement between the City of Huntington Beach and Orange County California Genealogical Society for use of City-owned Genealogical materials Statement of Issue: The City Council is asked to approve a License Agreement ("Agreement") with Orange County California Genealogical Society ("Society") for use of City-owned genealogical materials. The Society donates the genealogical materials to the City. Financial Impact: The proposed Agreement would generate $7,000 in annual revenue to the General Fund (10000100.43135). Recommended Action: A) Approve the "License Agreement by and between the City of Huntington Beach and the Orange County California Genealogical Society for Use of City-owned Genealogical Materials;" and, B) Authorize the Mayor, City Manager, and City Clerk to execute the License Agreement on behalf of the City. Alternative Action(s): Do not approve the License Agreement and direct staff accordingly. Analysis: The Genealogical Society is a non-profit, educational organization formed in 1963 for the collection, preservation, and dissemination of information relating to genealogy and biographical records. In 1975, in collaboration with the City, the Society established a location at the Huntington Beach Central Library for the storage of various books, periodicals, pamphlets, and other research items (the "Collection"), which have been donated to the City. The Collection is located on the southwest lower level of the Central Library and is accessible to the public. In 2013, the City Council approved HB -1 s 9- Item 14. - I Dept. ID ED 18-03 Page 2 of 2 Meeting Date: 3/19/2018 a five-year license agreement establishing the Society as the responsible party for maintenance and continued development of the Collection. The Society volunteers numerous hours which provides training and assistance to the public in accessing the genealogy materials and adding to the Collection. The Society has donated a new projector and screen to the Library's Community Rooms C & D. Staff has negotiated a new Agreement with the Society with the following terms: • Five-year (5) term • Monthly Rent: $700.00 for 10 months • Rooms: Maddy Room, and B, C & D room (combined) • Society to acquire additional genealogical material and donate to the Library The Society will use these rooms on the first Saturday of every month, except June and December. In addition the Society will continue to oversee and maintain the entire Collection by acquiring new materials, cataloging, repairing materials, and staffing the Collection with volunteers to assist patrons. Environmental Status: Not applicable Strategic Plan Goal: Strengthen economic and financial sustainability Improve quality of life Attachment(s): 1. "License Agreement by and between the City of Huntington Beach and Orange County, California Genealogical Society for the Use of City-owned Genealogical Materials." Item 14. - 2 1113 -1<0- LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE ORANGE COUNTY, CALIFORNIA GENEALOGICAL SOCIETY FOR THE USE OF CITY-OWNED GENEALOGICAL MATERIALS THIS LICENSE AGREEMENT is made this / day of i' A tz�, ,db/ by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter called "City," and the ORANGE COUNTY, CALIFORNIA GENEALOGICAL SOCIETY, a California corporation, hereinafter called "Society." WHEREAS, City is the owner of a special non-circulating collection of genealogical books, pamphlets, files, guides, and related articles and items, hereinafter referred to as the "Collection;" and City acknowledges the previous donation of the Collection from Society; and City acknowledges its long-standing relationship with Society and is willing to provide preferential terms to Society in accordance with the City Council's policy on preferential rentals for non-profit organizations; and Society wishes to enter into a cooperative relationship with City concerning the use, maintenance and development of the Collection and use of City facility, NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. TERM OF AGREEMENT This Agreement shall be effective as of January 1, 2018, and shall expire on December 31, 2023. 17-6153/170478/RLS 12/4/17/DO 1 2. PROVISION OF MONTHLY MEETING PLACE; RENT City agrees to furnish and provide Society, once each month, excluding the months of June and December through the entire term of the Lease, a place of meeting for Society's members. Such meeting place is hereby designated as follows: A. Meeting rooms within Central Library, 7111 Talbert Street commonly known as B room, C & D room(combined), E room the Balboa Room and the Maddy Room. B. Society will have exclusive use of the C & D room on the first Saturday of every month, from the hours of 8:00 a.m. to 3:00 p.m. Society will have exclusive use of the B and Maddy rooms from 9:00 a.m. to 10:00 a.m. on the first Saturday of every month. In no event shall Society hold over on the use of the rooms beyond the stated hours. If the Society does not use the rooms for any given month, it is still responsible for making the monthly payment then due. C. City reserves the right to require that Society vacate the C & D rooms by 2:00 p.m., upon three months advance written notice. D. Effective January 1, 2018 through December 31, 2023, the total rent will be $700.00 per month. Rent is due and payable in advance on the first day of each month. For example, the rent is due on January 1, 2018 for the month of January 2018. 17-6153/170478/RLS 12/4/17/DO 2 E. The following equipment rental charges are included in the monthly rent: one overhead projector, three screens, one podium with a microphone, one easel, an American flag and stand. F. City agrees to provide a reasonable amount of basement shelving and storage space, as available, for the exclusive storage of Society's materials such as Sales Table items, Book Fair donations, publications and records. City agrees to provide, at the discretion of the Library Director, a workroom and storage area for temporary storage of books, and the binding and mending of materials. G. In the event the Library is closed on the first Saturday of a month during the term hereof, due to an official City holiday, Society may move its meeting to the second Saturday of that month. H. On the first Monday of each month, the Beginning Class will meet in the Balboa Room. If the first Monday is a holiday, the Class may move to the second Monday of that month. I. Once a year on a Saturday, on a date mutually agreeable to the Parties, the Society may hold an all day event and book fair in rooms B, C, and D, the theater, the Balboa and Maddy rooms, and the patio from 8 am to 5 pm. 3. DESIGNATION OF REPRESENTATIVES Society hereby designates its President and one member from its library committee to be its authorized representatives, who shall be Society's sole contact and 17-6153/170478/RLS 12/4/17/DO 3 agent in all consultations with City during the performance of this Agreement. City shall assign a staff coordinator to work directly with Society in the performance of this Agreement. 4. ADDITIONS TO COLLECTION The parties hereto agree that Society may, during the term of this Agreement, acquire genealogical materials and may periodically donate the same to City. Upon acceptance of such material, City shall, through its Director of Library Services (Director) or his or her authorized representative may receive such materials for addition to the Collection. 5. SAFEKEEPING AND MAINTENANCE City shall exercise ordinary and reasonable care for the safekeeping and maintenance of the Collection so that it shall not be damaged, lost or stolen. City shall provide the Collection as non-circulating, reference material for use by Society and the general public so long as the Collection is in the possession of City. City also agrees that it will, at City's sole discretion and to the extent budgeted funds are available for such purposes, provide binding and other repair services to the collection in order to assure that it will remain in good condition for the use of the general public. 6. SERVICES PROVIDED BY SOCIETY A. Discard Recommendations: Society agrees to periodically recommend to City at least once during the term of this Agreement, the removal of materials from the Collection. City shall act upon such recommendations as deemed appropriate by the Director. City agrees to use funds received 17-6153/170478/RLS 12/4/17/DO 4 from the sale of such discarded materials to support and maintain the Collection. B. Binding and Mending: Society shall continue to mend and bind books, pamphlets and periodicals for the Collection as Society's budget permits. Society agrees to purchase expendable supplies needed for maintenance and repair of the Collection, including but not limited to, catalog cards, labels, book plates, glue, periodical boxes, pamphlet file folders, laminating materials and other materials as needed as Society's budget permits. C. Cataloging: Society shall continue to catalog and process the Collection. City agrees to enter the Collection into the Library's computer catalog system as soon as deemed practicable by the Director. 7. LOCATION OF COLLECTION The Collection shall be located and maintained at the Central Library located at 7111 Talbert Avenue, Huntington Beach, California. The Collection shall be kept in a single general area within the Central Library. City retains the sole right to determine the location of the Collection, provided that in the event the City wishes to relocate the Collection from the Central Library, it will provide Society with three months advance written notice of such decision. In addition, the City agrees that any relocation of the Collection during the term of this Agreement will be in its entirety, and that the Collection will not be separated should relocation occur. The City also agrees that if a relocation of the Collection is 17-6153/170478/RLS 12/4/17/DO 5 necessary, to the extent possible as determined by the City, the Collection will be relocated to a similar space within the Central Library. City will make the Collection accessible to members of the general public and members of the Society without appointment or advance registration during regular business hours of the Library. City agrees that it will not store any portion of the Collection during the term of this Agreement. 8. CITY'S PURCHASE OF ADDITIONAL MATERIAL City may, at its sole discretion, purchase genealogical materials to supplement the Collection. If so, title to such materials purchased by City shall at all times remain the property of the City. 9. PHOTOCOPYING City agrees to provide photocopying equipment and supplies to a designated Society representatives to prepare materials to be placed in the Collection without charge. All other members of Society will be required to pay the current charges for utilizing the photocopying equipment. 10. NOTICES Any notice to be given hereunder shall be sent by registered mail, and shall be deemed to be given when so mailed to the party to be notified at the address herein below stated: TO CITY: TO SOCIETY: City of Huntington Beach Orange County California Genealogy Society Library Services Director c/o Huntington Beach Central Library 7111 Talbert Avenue 7111 Talbert Avenue 17-6153/170478/RLS 12/4/17/DO 6 Huntington Beach, CA 92648 Huntington Beach, CA 92648 With a copy to: City of Huntington Beach Attn: City Manager 2000 Main Street Huntington Beach, CA 92648 City or Society may change the name of the party to be notified by written notice to the other party. 11. INSURANCE City is a self-insured public entity. Society may, but is not obligated to do so, insure the Collection against theft or damage. Any such insurance shall name City as beneficiary. City agrees to earmark any funds received from claims against such insurance coverage to support and maintain the Collection. Society agrees to continue to specify the replacement value of the materials in the Collection for insurance purposes. 12. TERMINATION OF AGREEMENT Either party may terminate this Agreement at any time for any reason, upon six (6) months prior written notice. 13. BUSINESS PLAN Society is required to submit an annual business plan on the anniversary of the effective date of this Agreement as well as copies of State and/or Federal Income Tax returns, attendance records of its monthly meetings and proof of current not-for-profit status. REST OF PAGE INTENTIONALLY LEFT BLANK 17-6153/170478/RLS 12/4/17/DO 7 14. ENTIRE AGi`cEiviEivT This Agreement constitutes the entire understanding of the parties hereto, and no representations or promises have been made that are not fully set forth herein. The parties hereto understand and agree that no modification of this Agreement will be binding unless such modification is in writing and duly accepted and executed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their authorized officers on Q j -2-o1c SOCIETY: CITY: ORANGE COUNTY, CALIFORNIA CITY OF HUNTINGTON BEACH, GENEALOGICAL SOCIETY, a municipal corporation o the State of California a, ifo r i, n B Print Name Mayor Its: 'Ci,2 a�7, L �6 4K->-' � P&LI-0 ,fir' ATTEST: Q� AND im� City Clerk a/2.2// By: Print Na e APPROVED A5,TCT FORM: Its: _ City Attorney )IQ nA\kkk1 !M/ 3 IT TED AND APPROVED: / i�rec r oKibrary Se s REVIE D APPROVED: ---Pits'Manager 17-6153/170478/RLS 12/4/17/DO 8 ,' .• City of Huntington Beach 2000 Main Street e Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov �7;9999 Office of the City Clerk Robin Estanislau, City Clerk March 22, 2018 Orange County California Genealogy Society c/o Huntington Beach Central Library 7111 Talbert Avenue Huntington Beach, CA 92648 Good afternoon: Enclosed is a fully executed copy of the "License Agreement By and Between the City of Huntington Beach and the Orange County, California Genealogical Society for the Use of City-Owned Genealogical Materials." Sincerely, Gk� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand