HomeMy WebLinkAboutOrange County California Genealogical Society - 2013-12-16 Dept. ID ED 13-45.Page 1 of 2
Meeting Date:12/16/2013'
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 12/16/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY; Stephanie Beverage, Director of Library Services
SUBJECT: Approve and authorize execution of an Agreement with the Orange County,
California Genealogical Society for the use of City-Owned Genealogical
Materials
Statement of Issue: Transmitted for City Council consideration is an Agreement by and between
the City of Huntington Beach and the Orange County, California Genealogical Society for the use of
City-Owned Genealogical Materials.
Financial Impact: The proposed Agreement would generate $7,000.00 annual revenue for the
General Fund (Account Number 10000100.43135).
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the "Agreement By and Between the
City of Huntington Beach and the Orange County, California Genealogical Society For the Use of
City Owned Genealogical Materials.
Alternative Action(s): Do not approve the Agreement and direct staff accordingly.
Analysis:
The Orange County, California Genealogical Society (Society) is a non-profit, educational'
organization formed in 1963 for the collection, preservation, and dissemination of information
relating to genealogy, biographical, and heraldic data. 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). The Society donated the
Collection to the City.
The Society oversees and maintains the entire Collection by acquiring new materials, cataloging,
repairing materials, and.staffing the Collection with volunteers to assist patrons. The 'Collection is
located on southwest lower level of the Central Library and is accessible to library patrons and the
general public.
The proposed five (5)year Agreement would designate the Society as the responsible entity for the.
use, maintenance, and continued development of the Collection. In addition, the City would furnish
and provide the Society, once each month, designated library meeting space for Society members.
In consideration for use of the meeting space, the Society would pay annual rent of$7,000 for ten
months per year.
x -1 - Item 1.5. 1
Dept. ID ED 13-45 Page 2 of 2
Meeting Date:12/16/2013
Based upon Society's qualifications and previous experience with the City, staff recommends
approval of the proposed Agreement.
Environmental Status: Not applicable.
Stratesaic Plan Goal:
Improve long-term financial sustainability
Attachment(s):
1. "Agreement by and between the City of Huntington Beach and the Orange County,
California Genealogical Society for the use of City Owned Genealogical Materials"
Item 15. - 2 HB -1 0-
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 AGREEMENT is made this /(p 7" day of
146 C CYO , 2013, 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 gratefully 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,
NOW, THEREFORE,the parties hereto do hereby agree as follows:
1. TERM OF AGREEMENT
This Agreement shall be effective as of January 1, 2013, and shall expire
on December 31, 2017.
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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) 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, 2013 through December 31, 2017, in
recognition of Society's status as a non-profit organization,the
total rent will be $700.00 per month, without increase.
E. Rent is due and payable in advance on the first day of each month.
For example,the rent due on January 1, 2013 is for the month of
January 2013.
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F. In further recognition of Society's non-profit status, 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.
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.
3. DESIGNATION OF REPRESENTATIVES
Society hereby designates its President and one member from its library
committee to be its authorized representatives, who shall represent it and be its sole
contact and 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
for possession by City and use of the general public. Upon acceptance of such material,
City shall, through its Director of Library Services (hereinafter referred to as"the
Director") or his or her authorized representative, receive such materials for addition to
the Collection.
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.
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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 covenants and
agrees that it will provide reasonable shelving, office equipment, desks,tables and/or
chairs to facilitate the use of the Collection by Society and by the general public. City
will provide additional such facilities to the extent they become available. City also
agrees that it will, 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 or his authorized representative.
City agrees to earmark funds received 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,
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laminating materials and other materials as needed as Society's budget
permits. 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.
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 Branch of
the City's Library,presently located at 7111 Talbert Avenue, Huntington Beach,
California. The Collection shall be kept in a single general area within said location.
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 its current
location, 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
necessary, it will relocate the Collection to a substantially 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.
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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 during the term of this Agreement, but is not obligated to do so,
purchase genealogical materials from its budgeted funds 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 for
designated Society representatives to prepare materials to be placed in the Collection
without charge. All other general 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
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.
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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.
City hereby acknowledges receipt of this information for the year 2013.
REST OF PAGE INTENTIONALLY LEFT BLANK
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8 a
14. ENTIRE AGREEMENT
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 �,��/ , 2013.
SOCIETY: CITY:
ORANGE COUNTY, CALIFORNIA CITY OF HUNTINGTON BEACH,
GENEALOGICAL SOCIETY, a municipal corporation of the State of California
a California corporation
By: _IAi,,t�l
Hal Horrocks,President Mayor
ATTEST:
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By:
Do, Budwig, Chief ancial Officer AP OVED AS TO FORM:
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City Attorney y+5
RE VIE APPROVED: INIT TED AND APPROVED:
i bhanager Obire o rary Service
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