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HomeMy WebLinkAboutItem 5f. Accept Carpeting Donation from the History Center of San Luis Obispo County for the Carnegie Library Museum Item 5f Department: Public Works Cost Center: 5005 For Agenda of: 6/21/2022 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Greg Cruce, Deputy Director – Maintenance Operations SUBJECT: ACCEPT CARPETING DONATION FROM THE HISTORY CENTER OF SAN LUIS OBISPO COUNTY RECOMMENDATION 1. Accept a donation of new carpeting and associated labor for the Carnegie Library Museum; and 2. Authorize the Mayor to sign a Donation Agreement with the History Center of San Luis Obispo. DISCUSSION Built in 1905, the Carnegie Library building served as the City of San Luis Obispo Library until 1956, when library operations relocated to a larger building. Shortly after the move of the Library, the History Center (formerly known as the Historical Society) opened a museum in the building and has operated at this location ever since. The City owns the building and the facility is operated by the History Center as our community partner. The City’s lease agreement with the History Center stipulates the City is responsible for unplanned repairs and planned upgrades to the building, while the History Center is responsible for the janitorial, landscape maintenance, and maintenance of any program related equipment. In 1999, the building was seismically reinforced, renovated, and reopened to the community in fall of 2000. The current carpeting in the building was last upgraded during this project. The City has a five-year Capital Improvement Project forecast, and the carpet replacement for the Carnegie Library Museum is currently scheduled for FY 2025-26. Recently, a long-time volunteer and donor to the History Center pr oposed to donate the funding necessary to replace the carpeting and the associated labor to move furniture for the project. As stated in the donation letter (Attachment A), the donor would donate the funding to the History Center, who would then sponsor the project. Since the carpet is a City maintenance responsibility in the lease agreement, this carpeting is in fact a donation to the City and therefore must follow the City’s Donation Acceptance Policy. Page 131 of 814 Item 5f Policy Context In 1999, the City Council adopted Resolution 8965 adopting a City Donation Acceptance Policy (Attachment C) for donations more than $5,000. This policy stipulates requirements of the donations to ensure they are in the best interest of the City. The curren t donation proposal meets the requirements and intent of this policy. CONCURRENCE The City Administration, Attorney’s Office, and Public Works Department concur with acceptance of the donation. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA), it can be seen with certainty that there is no possibility that the proposed donation will have any effect on the environment (General Rule Exemption CEQA Guidelines Sec. 15061(b)(3)). FISCAL IMPACT Budgeted: No Budget Year: N/A Funding Identified: No Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $0 $ $ $0 State Federal Fees Other: Total $ $ $ $0 ALTERNATIVES Council could decide not to accept the donation at this time. This action is not recommended due to the donation meeting all objectives in the City’s donation policy and would be a welcomed improvement to the building. ATTACHMENTS A - Donation Letter B - Donation Agreement C - City Donation Policy D - Carpet Quote E - Furniture Moving Quote Page 132 of 814 Page 133 of 814 Page 134 of 814 DONATION AGREEMENT THIS AGREEMENT is made on ______________________________, between the CITY OF SAN LUIS OBISPO, a California charter city and municipal corporation ("City"), and HISTORY CENTER OF SAN LUIS OBISPO COUNTY, a California Nonprofit corporation ("Donor"). RECITALS: WHEREAS, City is the owner of the historic Carnegie Library located at 696 Monterey Street St., in the City of San Luis Obispo, California, ("History Center"); and WHEREAS, Donor has offered to donate labor and material to the City in order to upgrade the existing floor coverings (carpet) at the History Center (the “Donation”), as further described in donation letter attached hereto and incorporated herein by reference as Attachment A ("Donation Letter"); and WHEREAS, on September 7, 1999, the City Council of the City adopted Resolution 8965 (1999 Series) adopting a City Donation Acceptance Policy, which is attached hereto and incorporated herein as Attachment C ("Donation Policy"); and WHEREAS, City and Donor desire to enter into this Agreement to govern the Donations, in accordance with the Policy and applicable laws. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual terms and covenants hereinafter set forth, and other consideration, the sufficiency of which is hereby acknowledged, City and Donor hereby agree as follows: Donor’s Responsibilities A. Donor shall provide the Donations in accordance with the Scope of Work attached hereto as Exhibit A and with all applicable laws, regulations, and ordinances. The Donations shall be completed in a good and workmanlike manner and shall be subject to all warranties identified in the Scope of Work or other applicable laws. B. Donor will obtain all permits required by applicable state, federal, or City laws or ordinances for completion of the Donations. C. Donor will provide and complete the Donations at no cost to City, except that City agrees to waive permit processing and inspection fees for any required permits issued by City. D. The Donations shall be completed no later than December 31, 2022. Work shall not start until all material has been received by the contractor. Work shall be completed within 20 working days of commencement and shall be limited to the hours of 7:00 am-5:00 pm at the History Center. Page 135 of 814 E. Donor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City ordinances, regulations and adopted codes during its performance of the work addressed in this Agreement, including work performed during the design and preconstruction phases of construction, including but not limited to, inspection and land surveying work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code. F. Donor is responsible to indemnify, hold harmless, and defend City and each of its councilmembers, officers, employees, agents, and volunteers from any and all claims, losses, liabilities, damages, fines, penalties, costs, and expenses (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage, including damage by fire or other casualty), including attorney's fees and litigation expenses, incurred by City, Donor, or any other person, arising or alleged to have arisen directly or indirectly out of: (a) the Donations; or (b) the breach or performance of this Agreement by Donor. The obligations of Donor under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents, or volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs, or damages caused solely by the gross negligence or willful misconduct of City or any of its officers, officials, employees, agents, or volunteers. G. Donor shall ensure their contractors maintain for the duration of the work performed pursuant to this Agreement the following insurance policies that comply with the following requirements: 1. Insurance Services Office Commercial General Liability insurance coverage ( occurrence form CG 0001) $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance. 3. Donor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of the Donor's insurance and shall not contribute with it. 4. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VI. Exception may be made for the State Compensation Insurance Fund when not specifically rated. II. City's Responsibilities A. City acknowledges and agrees that the Donations are consistent with the Policy, subject to the provisions of this Agreement. Page 136 of 814 B. City agrees to waive permit processing and inspection fees for all permits issued by City for the Donations. C. City will own, operate, and maintain the Donation once installed at the History Center. IV. Termination of Agreement A. In the event of a substantial failure of performance by one party, this Agreement may be terminated by the other party upon written notice to the non-performing party. B. In the event that this Agreement is terminated following commencement of work by Donor but prior to final inspection and approval of the Donations by City, City shall retain ownership of any work completed by Donor as of the date of termination. C. In no event shall CITY be responsible to Donor for any damages resulting from termination of this Agreement. V. General Provisions A. Attorney Fees. In the event of any action between City and Donor seeking enforcement of any of the terms and conditions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, reasonable costs and expenses and reasonable attorney's fees. B. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event that suit is brought by a party to this Agreement, the parties agree that trial of such action shall be vested exclusively in the courts of the County of San Luis Obispo, State of California. C. Notice. Notices and written communications sent by one party to the other must be personally delivered or sent by certified or registered U.S. Mail, return receipt requested, postage prepaid, to the following addresses (or such other addresses as may be designated by notice given in accordance with this paragraph): To City: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Attention: Alejandro Hernandez To Donor: The History Center of San Luis Obispo County 696 Monterey Street San Luis Obispo, CA 93401 D. No Third Party Rights. No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. Page 137 of 814 E. Assignment. Donor may not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. F. Compliance with Laws. Donor shall perform its obligations under this Agreement in accordance with all state, federal, and City laws, ordinances, rules, and regulations. G. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and the remainder of the provisions of this Agreement shall continue in full force without impairment. H. Entire Agreement. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. I. Modification. This Agreement shall not be amended in any way except by a writing signed by both parties. IN WITNESS WHEREOF, City and Donor have executed this Agreement on the day and year first above written. CITY: CITY OF SAN LUIS OBISPO __________________________ Mayor Erica A. Stewart ATTEST: ___________________________ Terresa Purrington City Clerk APPROVED AS TO FORM: ____________________________ J. Christine Dietrick City Attorney DONOR: HISTORY CENTER OF SAN LUIS OBISPO ____________________________________ Print Name: _________________________ Title: _______________________________ Page 138 of 814 Section 760 DONATION POLICY RESOLUTION NO. 8965 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A CITY DONATION ACCEPTANCE POLICY WHEREAS, individuals, community groups, and businesses may wish to make donations to the City in either cash or in-kind contribtLtions that enhance projects, facilities, and programs; and WHEREAS, the need for projects, facilities, and programs exceeds the City's ability to fund all such needed projects; and WHEREAS, it is an acceptable and appropriate practice to accept donations, in order to enhance City programs and/or facilities to provide a higher level of service to the public. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby adopts the following policy concerning the acceptance of donations: l.The donation must have a purpose consistent with City goals and objectives 2.The City may decline any donation without COIDII1ent or cause. 3.The donation will not be in conflict with any provision of the law. 4.The donation will be aesthetically acceptable to the City. 5.The donation will not add to the City's workload unless it provides a net benefit to theCity. 6.The donation will not bring hidden costs such as starting a program the City would be unwilling to fund when the donation was exhausted. 7.The donation places no restriction on the City, unless agreed to by the City Council. 8.The donation shall become property of the City. 9.All donations will receive recognition appropriate to the level and nature of the donationas determined by the City. For those of a capital nature, that may be in the form ofsign.age, marking, or naming. Any naming of Parks and Recreation facilities shall beconsistent with City policy on the naming of such facilities as set forth in Resolution8621 (1997 Series). Regardless of the recognition strategy selected, the intent shall be toappropriately honor the donor for their contribution to the community. The appearance oftraditional commercial advertising shall be avoided. 10.Donations exceeding $5,000 shall be accepted through a written agreement consistentwith these guidelines and approved by the City Council In-kind capital donations will besubject to normal City review, perm itting, inspection, and insurance requirements. Upon motion of Council Member Marx seconded by Council Member Ewan, and on the 760-1 Page 139 of 814 Donation Policy Resolution No. 8965 (1999 Series) Page2 following roll call vote: AYES: Council Members Ewa n, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 7th day of September, 1999. ATIEST: r APPROVED AS TO FORM: 760-2 Page 140 of 814 Small Business Certification # 2020417 March 23, 2022 Historical Museum Furnish and install Mannington Strut color Swagger in all carpeted areas. $43,357 Second floor installed over rubber pad. Ground floor installed by direct glue method. Furniture moving by F.I.Y. under direct contract with museum. Includes removal and disposal of existing material. Exclude back stairs. Includes all material, shipping , taxes and labor. Work do be performed during standard working hours. Price is good until September 1st 2022. John Sexton Office: 805-544-0324 Ext. # 11 Cell: 805-459-2690 e-mail: Johnsexton@profloors.net SERVING THE CENTRAL COAST SINCE 1947 Cinderella Carpet One Floor and Home 3510 Broad St. San Luis Obispo, Ca. 93401 Ph: 805-544-0324 Fax: 805-781-2663 Lic. # 1019196 C15 & C54 DIR # 1000043916 Page 141 of 814 Page 142 of 814 Page 143 of 814 Page 144 of 814