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REQUEST FOR PROPOSAL RFP# 09-40

Stockton-San Joaquin County Public Library Operation Services

Due June 10, 2010

San Joaquin County Purchasing and Support Services 44 N. San Joaquin Street, Suite 540 Stockton, CA 95202-2931

BUYER: Jon Drake jdrake@sjgov.org. 209-468-3240

TABLE OF CONTENTS

DESCRIPTION

KEY ACTION EVENTS .....•••.......................•••.•.............•...................•.•.....••...................•••.......•.... 2 INTRODUCTIONS ......•..••.......................•..................•..................••..........................•••••.•............• 3 SCOPE OF SERVICE .•......................•.•.................................................•..................•••.........•....... 6

PROPOSAL CONTENT & FORMAT REQUIREMENTS .........•.......•.......••........•......••.•.•.....•.•••.. 10

SELECTION PROCEDURES ..............•••...................................•................••.•.•......••..•••.....•....••. 12 GENERAL CONDITIONS ..................•.•....................................................••.••..........•.............•.... 14

IDENTIFICATION SHEET ............................•.........................•......•.........••...............•.•..........•.•.. 17 REFERENCES ••.....•...................•........••.•....••.....................•...........••••••..•..........••••......•.........••... 18

NON COLLUSION AFFIDAVIT 19

SUBMITTAL OF PROPOSALS .......••..•.........•...........•••...........•.•.•... .' .....•...•..••••••..•.•..........••....... 20

PROPOSAL AUTHORIZATION SIGNATURE PAGE ; •...........••...... 21

ATTACHMENTS

Attachment "A" - County Library Program Discussion 22

Attachment "B" - Expense Details 29

Attachment "c" - Specific Branch Information 31

Attachment "0" - Sample Agreements .....................................................•............... 36

Attachment "E" - Current Contracts and Agreements 47

San Joaquin County Library Operation Services Thursday. June 10, 2010 .

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KEY ACTION EVENTS AND DATES

Listed below are the events and dates for this RFP. All dates are subject to revision.

Event No. Description Date

1. Release of RFP Friday,
May 7, 2010
2. Last day for Proposers to submit questions 3:00 PM PDT, Friday,
May 21,2010
3. Last day for County to answer questions End of Business Day, Friday,
May 28,2010
4. Proposal is due no later than: 3:00 PM PDT, Thursday,
June 10, 2010
5. Evaluation Committee Meeting (Tentative) Thursday,
June 14, 2010
6. Recommendation Review with Tuesday,
Board of Supervisors (Tentative) July 1'3, 2010 San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 2 of 48

INTRODUCTION

This RFP is issued in coordination with the City of Stockton for the Stockton-San Joaquin County Public Library System. The County of San Joaquin will act as the lead agency for this procurement. All correspondence regarding this RFP shall be conducted per instructions contained herein. Prospective Proposers are responsible for having full knowledge of this project and all issues affecting it.

PURPOSE:

The objective in issuing this RFP is to explore alternatives for delivering library services in the Stockton-San Joaquin County Public Library System.

Proposers will provide proposals for three options. These options are: a) Operate a combined Stockton-San Joaquin Public Library System; b) Operate a separate San Joaquin County Public Library System; and c) Operate a separate Stockton Public Library System.

Library Branches are as follows:

COUNTY:

• Escalon Branch, 1540 Second Street, Escalon, CA

• Lathrop Branch, 15461 th Street, Lathrop, CA

• Linden Branch, 19059 East Main Street, Linden, CA

• Manteca Branch, 320 West. Center Street, Manteca, CA

• Mountain House Branch, 579 Wicklund Crossing, Mountain House, CA

• Ripon Branch, 333 West Main Street, Ripon, CA

• Thornton Branch, 26341 North Thornton Road, Thornton, CA

• Tracy Branch. 20 East Eaton Avenue, Tracy, CA

CITY:

• Maya Angelou Branch, 2324 Pock Lane, Stockton, CA

• Cesar Chavez Central Library, 605 North EI Dorado Avenue, Stockton, CA

• Fair Oaks Branch, 2370 East Main Street, Stockton, Ca

• Margaret Troke Branch, 502 West Benjamin Holt Drive, Stockton, CA

• Weston Ranch Branch, 1453 West French Camp Road, Stockton, CA

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All responses received in response to this RFP will be evaluated on the criteria described herein.

BACKGROUND:

The County of San Joaquin, located in the Central Valley portion of the State, covers approximately 1,450 square miles, employs approximately 6,300 people, and has an annual budget of approximately $1.268 billion. The population is approximately 700,000, the 15th largest county in the State. The County functions under general law and is governed by a five member Board of Supervisors elected to four-year terms in district nonpartisan elections. The Board appoints the County Administrator who oversees the County's involvement in Library operations.

The City of Stockton, serving as the County seat of San Joaquin County, covers approximately 75 square miles, employs approximately 1,600 people, and has an annual budget of approximately $301 million for FY2009/2010. The population is approximately 290,000 making Stockton the 13th largest city in the state of California. The City operates under the council-manager form of government and is governed by a seven-member City Council nominated from districts and elected by the City at large to four-year terms with a twoterm .maximurn. The Council appoints the City Manager who manages the operation of all City departments.

The Stockton-San Joaquin County Public Library is currently a division of the Community Services Department which also includes Recreation, Arts Commission, Public Art, and Golf Course divisions. The estimated budget for operating City libraries for fiscal year 2010-2011 (July - June) is $3.9 million.

Through an agreement between the County of San Joaquin and the City of Stockton, the City operates the City/County Library system which serves the cities of. Escalon, Lathrop, Manteca, Ripon, Stockton, and Tracy as well as the unincorporated areas of the County. The County's funding base for library services is comprised primarily of property taxes. The decline in the assessed valuation of properties has significantly impacted funding of the Library System provided by both the City of Stockton' and the County. The City/County Library System is staffed by City of Stockton employees. Based on the projected available funding, weekly hours for all branches have been reduced in 2009-10. The City has reached an agreement with its bargaining units to furlough City employees 12 days during 2009-10. In addition to furlough days, the Library plans to close for 8 additional days for a total of 20 days.

The estimated budget for operating County libraries for fiscal year 2010-11 (July - June) is $5.2 million. However, this amount is subject to final analysis during the budget hearing process in May, and is also subject to adjustment by the Board of Supervisors during the final budget hearing in June 2010. Be advised, Contractor may be required to prepare mid-year budget or service adjustments, which are subject to approval by the Board of Supervisors. In addition to the estimated budget number, there is a one-time remaining fund balance of approximately $400,000 which mayor may not be available for use. As part of their proposal, proposers are to address how they propose to utilize this one-time funding source.

The "County Library Program Discussion" for the last two fiscal years is contained in Attachment A. This attachment provides specific information regarding the County Libraries. It also includes workload data for the entire librarv system (including Stockton Libraries.)

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Financial and workload data for individual libraries within the system is not available at this time.

Specific Library Branch information is shown in Attachment C. This information was provided by the City of Stockton and is for the 2008-09 Fiscal Year.

Proposers are welcome to view branch locations first hand while they are open to the public. Efforts must be made to not disturb Library staff or Library users.

Library Summary Information:

Branch

Facility Status

Current Hours of Operation

County Branches:

Escalon Branch

City Provided Facility

City Provided Facility

Lathrop Branch

Linden Branch

Leased Facility

City Provided Facility

Manteca Branch

Mountain House Branch

City Provided Facility

Ripon Branch

City Provided Facility

County Owned Facility

Thornton Branch

Tracy Branch

City Provided Facility

City Branches:

Angelou Branch

City owned

Chavez Central

City owned

San Joaquin County Library Operation Services Thursday, June 10, 2010

Mon - Thurs: 10am - 6pm Fri - Sun: CLOSED

Mon, Wed: 1 pm - 6pm

Fri: Noon - 5pm

Tue, Thurs, Sat, Sun: CLOSED

Mon - Thurs: Noon - 5:30pm Fri - Sun: CLOSED

Mon, Wed: 11am - 7pm

Tues, Thurs: 10am - 6pm

Fri: Noon - 5pm

Sat: 10am - 4pm

Sun: CLOSED

Tues, Thurs: 1 - 6pm Sat: Noon - 5pm

Sun, Mon, Wed, Fri: CLOSED

Mon - Thurs: 10am - 6pm Fri - Sun: CLOSED

Tues, Thurs: 12:30 - 6pm Fri, Sat: 11 :30am - 5pm Sun, Mon, Wed: CLOSED

Sun: 1 - 5pm

Mon, Wed: 11 am - 7pm Tues, Thurs: 10am - 6pm Sat: 10am - 4pm

Sun: CLOSED

Tues: 11 am - 7pm Thurs: 10am - 6pm

Tues, Thurs: 10am - 6pm Wed: 11am -7pm

Fri: 10am - 5pm

RFP 09-40 Page 50f48

Fair Oaks Branch

City owned

Troke Branch

City owned

Weston Ranch Branch

Manteca Unified School District provided facility

1. SCOPE OF SERVICE

Sat: Noon - 5pm Mon: 10am - 6pm Wed: 11am -7pm Fri: 10am - 5pm Mon: 1 Oam -- 6pm

Tues, Thurs: Noon - 7pm Wed: Noon - 6pm

Sat: Noon - 5pm

Mon, Wed: 1 Oam - 6pm Fri: Noon - 5pm

Sat: Noon - 4pm

1.1 General:

1.1.1) The Contractor, under the general direction of the Board of Supervisors and/or City Council and in consultation with the County Administrator's and/or City Manager's Office, will manage all aspects of the day-to-day administration of the Libraries. The overarching goal of the contract will be to provide efficient administration and delivery of services to library patrons at a reasonable cost.

1.1.2) Contractor will:

a. be responsible for proper administration of the overall Library budget, of which the contracted services are a part;

b. be the County's and/or City's principal liaison with the State of California with respect to library funding matters;

c. review program development, collections, and community involvement activities, ensuring that programming, services and collections are in line with community needs;

d. represent San Joaquin County and/or the City of Stockton at relevant library meetings, including the annual California Library Association State Librarians'Meeting.

1.2 Staffing:

1.2.1) Contractor will employ qualified staff sufficient to provide services and programs during all hours of Library operations, and will provide the necessary orientation and ongoing training and professional development of the staff.

1.2.2) All personnel employed to perform the services necessary to operate the Library and to perform the other functions of the contractor shall be employees of the contractor, which shall pay all costs related to their employment.

1.2.3) All staff responsible for handling cash receipts will be trained in and adhere to County and/or City cash handling procedure.

1.2.4) As part of this proposal, submit strategy for evaluating and considering for employment the impacted City of Stockton Library Staff.

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1.3 Hours of Operation:

1.3.1) Contractor will staff and operate the Libraries on a schedule as approved by the Board of Supervisors and/or City Council. For purposes of developing a proposal in response to this RFP, proposers should assume that the operating hours will be as currently scheduled (see "Library Summary Information" above). However, the County/City is open to recommendations on the most economical and effective distribution of operating hours that best serve the needs of the citizens of San Joaquin County.

1.4 Circulating and Reference Materials:

1.4.1) Upon execution of the contract, Contractor will plan and conduct a comprehensive review of the library's collection (system-wide), including assessing its age and identifying obsolete or worn materials and will assist in the allocation of the materials budget in relation to both use patterns and the

needs. .

1.4.2) Contractor will provide the County and/or City with a collection development plan, including a program to systematically evaluate and replace dated material and an analysis of the relationship of print, non-print and electronic resources in the Library's collection. Recommendations for long-term collection development will be required, together with an implementation plan that is realistic within the County's and/or City's financial resources.

1.5 Planning and Performance Monitoring:

1.5.1) Contractor will establish: short- and long-term goals and objectives reflecting a course of action that continually improves Library services, and, procedures and policies that meet the changing requirements of the Stockton-San Joaquin County Library system(s).

1.5.2) Contractor will provide core Library performance measurements and compile monthly and annual reports to the County and/or City regarding same. California State Library Public Library Statistics will be the minimum reported benchmark measurements.

1.6 Budget and Finance:

1.6.1) Contractor will collect and account for fines and fees, and remit same to the County and/or City.

1.6.2) Contractor will make recommendations to the County and/or City on fine and fee schedules and will investigate and recommend supplemental revenue sources.

1.6.3) All revenues resulting from Library operations and programs will belong to the County and/or City. The County and City are open to exploring future revenue sharing and incentive programs to maximize results in this area.

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1.6.4) Contractor will provide monthly and annual financial statements that detail the costs associated with operation of each Library branch and station, including proportionate administrative costs.

1.6.5) Contractor will retain necessary financial files as spelled out in the contract and make such files available to the County and/or City for audit purposes upon request.

1.6.6) Contractor will provide the County and/or City with annual audited financial statements of the Company to demonstrate fiscal soundness.

1.6.7) Contractor will explore Library funding opportunities, and apply for those which meet the Library's objectives, including but not limited to application and administration services for Federal E-Rate funding.

1.7 Facilities and Equipment:

1.7.1) The County, City, or Host Community will be responsible for major projects or upgrades concerning Library buildings, grounds, building systems, utilities, landscaping, HVAC, and lighting, and will be responsible for any capital improvements to Library facilities.

1.7.2) The County and City may administer all leases for Library facilities. For purposes of this RFP, it is understood that only one library location requires a lease payment, which is to be paid by the Contractor and should be included as a portion of your proposal. This expense is described in Attachment B

1.7.3) The Contractor may be responsible for providing routine landscaping, phone, garbage, pest control, fire extinguisher, alarm, electric, gas, water, sewer, and janitorial services in Library facilities. Attachment B includes expense detail for two of the eight County libraries. These expenses should be included as a portion of your proposal. For the purposes of this RFP, it is understood that the Host Community is responsible for the payment of these routine operating expenses for the remaining eleven library locations. Contractor will follow County and City guidelines on energy usage in the interest of controlling utility costs and conserving resources.

1.8 Systems:

1.8.1) Contractor will be responsible for providing and supporting the automation / systems required to effectively operate the library branches. As part of your proposal, define your solutions to the following automation needs: library card issuance, financials, access to internet as well as access to electronic databases, filters, public access online catalog, circulation and acquisition modules, cataloging modules, and any other systems you deem appropriate.

1.8.2) Contractor will be responsible for acquisition and maintenance of any servers/hardware required for proposed systems and automation. Contractor will be responsible for data acquisition from the City of Stockton and effective interface and integration into proposed systems. These various technology costs should be included in your proposal. Assume data is mig ratable.

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1.8.3) For the purpose of this RFP,· it is assumed that the workstations currently housed in each. branch library will remain and are operational. It is also assumed that each library has a minimum of a T1 connection. Each proposer is to provide a "per workstation cost" should additional workstations be required. Should the proposer believe that a shared responsibility (County/City / Vendor / Third Party) automation support model will be more cost effective, the proposer is encouraged to outline that option and its associated costs in an attachment to the vendor's proposal. Should this RFP process result in the separate operation of the County and City Library systems, it is understood that ownership of all computer hardware will be held by the City. Systems costs to operate the County branches separately should be fully developed in the County-only option of this proposal.

1.8.4) All furnishings and equipment, including personal computers, that are in use for Library operations at the time of execution of the contract will be made available to Contractor for Contractor's use in performing the contracted services. Contractor will be responsible for maintaining and replacing all such furnishings and equipment in order to maintain the standards and inventories in place at the time of contract execution. County and City will make available to Contractor surplus furnishings and equipment in the same manner that same are made available to County and City departments. Contractor will provide plan for systematic replacement of computer hardware.

1.8.5) Contractor will operate all equipment in accordance with manufacturer's instructions and County and/or City direction. The County and/or City will look to the contractor for recommendations in the area of automation opportunities that would decrease the overall operating costs.

1.9 Library Services and Programs:

1.9.1) The contractor's proposal will provide a level of service that is consistent with that currently delivered by the Library. Service enhancements possible within

the proposed budget level should also be reported. .

"

1.9.2) The Contractor will maintain current interlibrary loan agreements and recommend other agreements.

1.9.3) The Contractor will comply with all California laws and regulations pertaining to public library services, including but not limited to, the California Library Services Act.

1.10 Community Relations:

1.10.1) The Contractor will be expected to maintain positive and productive relationships with the Friends of the Libraries organizati6ns.

1.10.2) The Contractor will develop a marketing plan to promote all library services to the citizens of the County, and will implement said plan subject to approval of the plan by the County and/or City.

1.10.3) The contractor will receive general supervision regarding policies and objectives. The Board of Supervisors and/or City Council will have final authority on all matters. The County Administrator's Office and/or City

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Manager's Office will monitor the contractor's performance and will serve as the liaison for issues of day-to-day operations.

1.10.4)The successful proposer must demonstrate strong experience managing public library operations and will exhibit demonstrated competencies in library management which will evidence its ability to provide the requested services.

1.10.5) Bookmobile. The County currently shares the expense of Bookmobile services with the City of Stockton. For the purposes of this RFP, please display as a separate item, initial Bookmobile costs, ongoing Bookmobile operational expenses, and the Bookmobile services provided therein.

2. PROPOSAL CONTENT AND FORMAT REQUIREMENTS

2.1 Proposal Identification Sheet:

2.1.1) Provide the full legal name of the Contractor who will execute the contract.

Provide specific information concerning the company, including: the company's legal name, type of entity, and Federal Tax ID #.

2.1.2) The Identification sheet must be signed by an owner, corporate officer, or agent having the authority to enter into contracts on behalf of the company.

2.2 Description of the Proposer:

2.2.1) Provide an overview of the history of your orqanization, including number of years in business and the number and type of public library .sltes operated by the organization.

2.2.2) Identify the key staff who will be directly involved in servicing the contract.

Include a statement of qualifications andresume for each person.

2.2.3) Provide examples and references that substantiate your experience in providing the types of service requested in this RFP.

2.2.4) Please describe any current, pending or past litigation (within the last 5 years) that your organization has been, is, or is expected to be a party to.

2.3 Project Plan:

2.3.1) Describe your organization's ability to perform the scope of work described in the Scope of Work Section of this RFP.

2.3.2) Provide a time line that illustrates the plan for hiring staff and other key milestones in implementing the scope of work. Include a detailed description of the amount and type of management resources to be provided during the startup and ongoing implementation of the contract.

2.3.3) Describe your overall approach to providing the services described in Section 1 of this RFP. Note any deviations or additions to the scope of work that you

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RFP 09-40 Page 10 of 48

believe have been overlooked or that help clarify your understanding of the scope.

2.3.4) Provide on Operational Plan that indicates hours, programs, services, etc. that are included in your proposal.

2.3.5) Provide a Staffing Plan that indicates the levels of staffing for each branch . based on the hours of operations and programming needs.

2.3.6) Provide a Technology Plan of implementation and resources for the branches.

2.3.7) Proposer shall provide what source would be used to establish measurable benchmarks for goals and outcomes for the system and how they would be statistically monitored.

2.3.8) Proposer will provide statement regarding how they will initiate relationships with the various vendors/contractors already in existences that are currently used by the library system.

2.3.9) Proposer will provide statement regarding operations strategy that will be used that will address variations in each year's budget projections. Specifically, explain how services will increase as funding levels increase, and how they will be curtailed as funding levels decrease.

2.3.10) As part of your proposal, describe your business model, including overhead and profit scenarios.

2.3.11) As part of your proposal, outline a potential marketing plan to promote all library services to the citizens of the County.

2.4 Related Experience:

2.4.1) Provide a brief summary of your prior experience in providing library management services, including library/agency name and dates of service, along with client contact names and phone numbers for references. Particular emphasis should be placed on public library service references.

2.5 Cost Proposals:

In a separate, sealed envelope, provide a cost proposal that includes the following FOR EACH OF THE THREE OPTIONS~

2.5.1) A breakdown of costs by the. following categories: Staffing, training and operations, administration. Further detail within those general categories may be provided if desired. All fees proposed should include any mark-up/profit.

2.5.2) A breakdown of costs by Library site.

2.5.3) A menu of additional services and their associated costs that may be provided that are not specifically requested in this RFP, but attainable within the estimated annual budget.

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2.5.4) A cost matrix by branch for adding additional hours and days to the current schedule as listed in "Library Summary Information" above.

2.5.5) Proposal shall be valid through June 30, 2011. Any changes for the 2011-12 fiscal year are subject to approval by the County Board of Supervisors and/or City Council.

3. SELECTION PROCEDURES

3.1 Procedures:

3.1.1) It is the County's and City's intention to select a provider that has sufficient expertise to provide the services described in section 1 with a very high degree of professionalism and public satisfaction, and at a reasonable cost.

3.1.2) After an initial review of each of the proposals for completeness, the proposers submitting the most highly rated proposals may be invited for interviews prior to final selection, to further elaborate on their proposals. The County and City reserve the right to negotiate a contract based on all factors involved in the written proposal without further discussion or interview.

3.1.3) Contractor selected for the County portion of this project will be required. to accept the County's standard contract and to comply with insurance standards as deemed acceptable to the County's Risk Manager. Any exceptions to this contract must be noted in your proposal.

3.1.4) Proposals will be evaluated for cost and compliance with all requirements set forth in this RFP, including timely provision of all documents requested and the thorough consideration of the factors shown below. Proposals will be evaluated in terms of a rating system that affords 100 points possible. Factors are listed below with their corresponding point assignment: .

a) Breadth of library management and operating experience including operation of outlying branches.

15 points

b) Extent of experience in providing library services and library management. 15 points

c) Expertise in new contract situations. Demonstrated expertise in the management of organizational transitions.

10 points

d) Professional qualifications of Proposer personnel. 5 points

e) Proven ability to meet contract specifications and to provide service as defined in Section I, "Scope of Services" as set forth in this RFP.

10 points

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f) Reputation for fulfillment of contract obligations as judged by references from other customers/clients qualified to provide evidence of direct, relevant experience in the performance and delivery of library management and operating services.

15 points

g) Level of proposed fees. 5 points

h) Level of service relative to available funding.

25 points .

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GENERAL CONDITIONS

1. Prime Responsibility

The selected Contractor will be required to assume full responsibility for all services and activities offered in its proposal, whether or not provided directly. Further, the County and/or City will consider the selected Contractor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

2. Independent Contractor

In performance of the work, duties and obligations assumed by the proposer, it is mutually understood and agreed that the proposer's, including any and all of the proposer's officers, agents and employees, will at all times be acting and performing in an independent capacity and not as an officer, agent, servant, employee, joint venture, partner or associate of the County and/or City.

3. Alternate Proposals

In addition to the three options requested in this RFP, Proposers may submit alternate proposals. Alternate proposals shall be clearly marked as such.

4. Specification Changes

The County may, during the proposal period, advise the Proposer in writing of additions, omissions, or alterations in the specifications. Changes shall be included in the RFP and become part of the specifications as if originally submitted.

5. Amendments

No one is authorized to amend this proposal in any respect, by an oral statement, or to make any representation or interpretation in conflict with the provisions of this RFP. If necessary, supplementary information in addendum form will be prepared and posted on the "Purchasing Open Bids" website. It is the Proposer's responsibility to obtain, sign and submit all addendum(s) for the RFP at:

http://www.sjgov.org/supportserv/Control/PurchasingBids.asp

Failure of Proposer to submit signed addendum(s) with their proposal shall be cause for rejection.

Any exceptions taken to this RFP shall be clearly stated in writing.

6. RFP Withdrawal

Any Proposer may withdraw their proposal, either personally or by written request, at any time prior to the date and time due.

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7. Right to reject proposals

San Joaquin County reserves the right to reject any and all proposals, or any part of a proposal; to waive minor defects or technicalities; or to solicit new proposals on the same project or modified project, which may include portions of the original RFP document, as the County may deem necessary and in its best interest. False, incomplete or unresponsive statements in connection with a submitted proposal may be sufficient cause for rejection. The County will be the sole judge in making such determinations. San Joaquin County reserves the right to:

• Request clarification of any submitted information;

• Not enter into any agreement;

• Amend or cancel this process at any time;

• Interview applicants prior to award and request additional information during the interview;

• Negotiate a multi-year contract or a contract with an option to extend the duration;

• Award more than one contract if it is in the best interest of the County and/or City; and/or

• Issue similar RFP's in the future.

8. Green Purchasing

Pursuant to the County's Green Procurement and Sustainable Practices Policy, vendors are requested to use recycled products and sustainable practices whenever possible in preparing their response to this RFP, including using post-consumer recycled content paper and packaging products, and copying on both sides of the paper. Successful contractor shall report at least annually on products and practices acquired and utilized that meet the objectives of our policy. The policy is available for viewing on the San Joaquin County website.

hUp:/Isjcvmwcmapp1.sjc.org/SupportServ/dynamic.aspx?id=10128

9. Proposal Costs

The County shall not be liable to any person for costs incurred in connection with preparing a proposal in response to this RFP or for responding to any inquiries related to such proposal.

10. Examine SpeCifications

Proposer shall thoroughly examine and be familiar with the specifications herein. Failure or omission of any Proposer to receive or examine any form, instrument, addendum or other document, or become acquainted with existing conditions, shall in no way relieve Proposer from any obligations with respect to Proposer's offer or to the contract. Submission of a proposal shall be taken as prima facie evidence of compliance with this section.

11. Site Inspection

Proposers shall have examined the work sites, arid shall be responsible for having acquired full knowledge of the job and of all issues affecting it. No variations or

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allowances from the contract sum will be made because of lack of such examination.

12. All RFP Documents Part of Final Contract

Any RFP documents, letters and materials submitted by the Proposer shall be binding and included as part of the final contract. Unauthorized conditions, limitations or provisions attached to proposals may cause its rejection.

13. Exceptions

Any exceptions to this RFP must be stated in your proposal. It is otherwise assumed that the wording within this document is acceptable and agreed to by the Proposer.

14. Resulting Contract

Through the RFP process, the County and/or City reserves the right to negotiate a contract based on all factors involved in the written proposal without further discussion or interview.

The performance of the contract resulting from this proposal shall be governed, construed and interpreted according to the laws of the State of California.

Terms and Conditions of a resulting contract shall be those of Attachment D "Sample Agreements". Any contentions must be submitted with your RFP.

15. Notice

Any notice, demand, request, consent approval or communication that either party desires or is required to give the other party shall be in writing and either serviced personally or sent by pre-paid first-class mail, or the equivalent thereof by private carrier. Any such writing shall be addressed to County of San Joaquin, Purchaslnq Department, 44 N. San Joaquin Street, Suite 540 Stockton, CA, 95202-2931, Attention: Jon Drake and RFP # 09-40

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IDENTIFICATION SHEET

RESPONDENT TO COMPLETE AND RETURN WITH PROPOSAL

Type or print the following information:

Company_· __

Address: _

(City)

(State)

(Zip)

FedTaxID#: __

Name:

Title:

-------------------------------

E-mail:

-----------------------

Signature _

Telephone:

~--~-----------------

Fax:

Years in business:

-------------------------------------------------------

Number of employees:

Name of Insurance carriers ..... : -'- _

Public Uability:. _

Expires:,:..: _

Workers' Compensation:

----------------------------

Expires:

---------------

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 17 of 48

REFERENCES

SIMILAR CONTRACTS/RFPS PERFORMED: List below contracts under which the Proposer has provided similar services during the past three (3) years.

Proposer's financial stability, technical and support capabilities will be verified through reference checking, which may include site visits and contact with other clients or vendors.

FIRM NAME: _

ADDRESS: __

PHONE NUMBER:

Email Address

CONTACTPERSON: _

DATE OF CONTRACT: through _

FIRM NAME: _

ADDRESS: __

PHONE NUMBER:

Email Address:

CONTACT PERSON: ~ __

DATE OF CONTRACT: through --

FIRM NAME: _

ADDRESS: __

PHONENUMBER: ~E~m~a~iI~A~d~d~r~e~ss~: __

CONTACTPERSON: _

DATE OF CONTRACT: through _

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 18 of 48

NON-COLLUSION AFFIDAVIT

(Title 23 United States Code Section 112 and Public Contract Code Section 7106)

In accordance with Title 23, United States Code Section 112, and Public Contract Code 7106, the bidder declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other proposer to submit a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Proposer or any other proposer, or to fix any overhead, profit or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the Proposer has not, directly or indirectly, submitted their proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

NOTE: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit.

Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.

Proposer's Signature Date .,....- _

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 19 of 48

SUBMITTAL OF PROPOSALS

Sealed Proposals will be received at the Office of the Purchasing Agent at 44 N. San Joaquin . Street, Suite 540, Stockton, CA 95202, until Thursday, June 10, 2010 at 3:00 PM, PDT.

ALL PROPOSALS SHALL BE ADDRESSED AS FOLLOWS:

Request for Proposal RFP 09-40 Purchasing Agent County of San Joaquin

44 N. San Joaquin Street, Suite 540 Stockton, CA 95202-2931

The Proposal envelope shall have stated thereon the name and address of the submitting Contractor.

PROPOSALS WILL NOT BE ACCEPTED AFTER Thursday, June 10, 2010 at 3:00 PM PDT. ALL PROPOSALS RECEIVED AFTER SAID TIME AND DATE WILL BE TIME-STAMPED AND RETURNED UNOPENED TO THE SUBMITTER.

THE COUNTY WILL NOT ACCEPT PROPOSAL RESPONSES SUBMITTED BY FAX OR EMAIL.

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 20 of 48

PROPOSAL AUTHORIZATION

SIGNATURE PAGE

The undersigned, having carefully read and examined this RFP, and being familiar with (1) all the conditions applicable to the work for which this proposal is submitted; (2) with availability of the required equipment, materials and labor hereby agrees to provide everything necessary to complete the work for which this proposal is submitted in accordance with the proposal documents for the amounts quoted herein and further agrees that if this proposal is accepted, within five (5) days after the contract is presented for acceptance, will execute, and mail a signed contract to the County of San Joaquin Purchasing Agent.

This Signature/Authorization page must be in your Proposal.

Signature of Authorized Agent

Date

Printed Name of Authorized Agent

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 21 of 48

ATTACHMENT A

"County Library Program Discussion"

Fiscal Year 2009-2010

Fiscal Year 2008-2009

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 22 of 48

Fiscal Year 2009 - 2010

6060900000-County Library Education

ManullLopeJ:. County Admlniatrator

2001-98 ~ 2009-10 2009-10 lDmaaei
Llbrary)!'_ Actual Approved Requested IlKo~J.ded (Deerelll')
E:q1iNlihua
8I11'11i"' &: SlIpplies $76,271 $88,5S0 31100,000 $100,000 $11,450
Other C/uJrges 6~631418 6:187&30 S.423~98 514~ti21 '864~32l
Total Approprtatio1lS $(1,439,689 $6,376,380 $5,523,298 55,523,298 . (5853.0B2)
EtlrMil RIIWIUlt:s By SOIIrct:
TIIus $5,843,065 $5,730.000 54,824,104 $4,824,104 (319()5,896)
Interut/&lhts 22,527 18,000 18,000 18,000 0
Aldfrqm Other Govermnents 397,930 286,000 324,000 324.000 38,000
Chargesfor Services 157,664 135,000 ISO,OOO 150,000 15.000
FImd Balance !18611OJ} ° ° 0 0
Total Revenues 56,23s.o83 56.169,000 $5.316,104 $5,,316,104 ($8S2,896)
Net 0Jrur(y C«It 5204,606 $201,380 $207,194 $201,194 ($186) Purpose

This budget provides 1hc CoIllIty's sbw:e oltho cost of the CiI¥/CouI1ty Library System which serves the cities of Bsealon, Lalhrop, Manteca.lUpon. Stockton, and lhIcy lIS well as 1hc 1IIIincorporated.areas of the County. Through l1li agreemem between lhe County and lhe City of Stockton, lhe City operates the City/County l.ibrary System which serves the entire County oJ«:ept the City of Lodi. ~ Cn1!l1ly'S funding. base for hlmuy services is c:amprl$ed of proporIY tal< revenues, the pro ratashare of tinea andfees fOrh'brary ~ the County's share of the S!:ate Public Ltbnuy Fund and the Library Direaor's position COi!IIJ, alld any prior year ll!Il'!Y-ovor balance.

Major Budget Cbanges OttIer Charges

» ($864,532) Doorea90 In funding available for library services.

Re~

)0 ($90S,896) Decreasoinproperty taxrovenue.

Program Discussion

The ec:oDOIJIic downtum of20011 bad a significaot impact on the fImdlng of library services by the City and County. 'I'ho Co\!nty's share of1\mdlng is primnrily driven by

property tax co11ectiom.. The overall ~ In home prlcU alld foreclosutesresulted In a 15% decrease In the County's property laX ooUec:tioos fOr libn!ry seMQes.

. Based on the prellminary forecast, it is proje.<:Ied that $5,523,298 will be available for IibraIy opmtioos: in 2009-10 •.

Tho 2009-10 proposed bu~ fOr tibwY ServlceswUl:

r.

,. l''undlhe Library'Ssharc of the property laX admIni3tration Ceo of $100.000.

> Provide $S,423,298 fOr Library ServIces.

Ubrary SeIVIces

In the spring of2009, the LIbrary~ the SIrategic Plan, Facllitles Master Plan,lIIId Bcxraomic l3enef'IfStudy. Tho LibraJy win eontinu. to pur&lIe 1hc 1hree goals 0utlined by lhe ~ Plan: .

}> Create ead empower l-eaders. » Create a oomfomblo place.

. )0 Couneilt to lhe on-line world.

InJune 2009.1hc Library oompleted the u~ oithe Libtary's ioformation 1OCImo1oIY system. Included m the system-wide upgrado _the upgrade and/or replacement of247 existing computers, plus the hIsWIation of·62 new computers that _ dlstributed between the bt8IIc!m, Microsoft opk:e was pun:basedand iostalIed on IIl1 oomputcra alIowlog a seamless transition by paUDIIS worldng between their homes and theLIhrary, alld

H-2

County of San Joaquin 2009-10 Proposed Budget

San Joaquin County Library Operation Services Thursday. June 10, 2010

RFP 09-40 Page 23 of 48

Fiscal Year 2009 - 2010

606090000O:-County Library Education

COJIIIisIonoy of .oawaro between tIw pllblic and tIw staff c:oDlputenl. The LibnIIy abo completed the Implemenlation ofWi.Fi(wIrolc.ss teclmology) thTllllgb.()1lt the Library system allowing hoiill)' patrons to connect their laptop via wiI'elcs$ to 1he iIltctnet. Controls haw been added to 1he Wi-Fi 1hat will reslrict _* to potentially questionable

webslles. .

III 2008'()9, 1he Library RQlived a total of$264,ooO ill gnmu to provide enIIanced oniilla homewotk assistance, cultural prognuns, and literacy services for adul1S, oItJldreD, and familles.

Branch Llbrarl ..

III 1he fall of2OO8, MOIIIIIain I1oWlO COIIIIIIIIlliV Sc.rvl_ DisIrIct contrac:tcd with 1he Library to pun:base $264.000 ill books and materials for tIw MOIIIIIain Houso Branch Library. The additiooa11imdinghas allowed the Library to 1iJlthe sholvos of'this branch to QlpIICity.

. .

The 'na<Iy. Branch Library completed a makeover of its ~n's sectmn with t\mils ftom Early I.eamlng Cor . FamiIiea pmt. This Pto&ram is deaianed to Implement and support imIovative Ilbnry.sc.rvlces that reflect CIIITeIIt nisean:h aDd best pnctices related to child deveklpment, espeeIaIly engaglDg babies, todcIIem, preschoolers, pue.ots, and.;bUd we provIdem.

. In 2008-09. Dia De Los NlIIo'a!Day oCthe autdren was held at Chawz CeIIIralLIbrary, and Mant.e<:a and Tracy Bl'IIIwh libmrios. FWo.nheit451 by layBtadbwy Willi the fmurod.book of thO 2009 Big BMl'I:'ograms and events roIatI!dto the book's them Well' held at all branches.

lI4Ise4 on the projected 1imding'avaIlable fur Library . Services. hOUlII tor all branches wlli be reduced ill . 2009-10. 'Iho weekly hoIIts for1heCoUllty bran.ches.

ineilldlng houn funded by both the CoUIIty and the respective cities, are as follows.

/JrIm!:lI. Escalon Lathrop

Linden Manteca Mountain House RIpon

Thmntcm

1J-ocy

~

Weekly Boors 40

21

31

S3

22

40

31

53

Proposed Weekly Hoors

. . 32

IS 23 42 1:5 32 23 43

Staffing

The City/County Library System is staffed by the City of Stockton's employees. In order to bIIlUIIce ib bud&ct. the Cityhllll indicated that It hIIIIl\lllChedan agreementwlth ib bargalning UIIils to furlough City's employees 12 days during 2009·10. In addition to fiuiough days, 1he J.1brary plans to close for eight days. Due to tbeso actiOllS, the County LIbI'lllY btan.cbeIl will be etosed dIlring 2009-10 l1li follow!!:

)0 July 3·6

» November23 - 29

» l:>e<;ember 23 -1anuary 3 » MlIrclt 19

» April23

Intergovernmental Parll1enllhlp Program (IPP) In 1993-99.lhe Board established !he IPP to tiIrthcr promote cooperation IImOI.lg the Cities and the C9UJ1tY 10 Improving the Library system and public seI'Vices. lbe

l~

. .

.

"

.

Workload Data
,Actllal EsUAet. Projeete4
2005-06 2006-07 2007-08 2008.(19 2009-19
LibrQl')! Materlall CIrculated 2,073,852 1,977,150 2,084,611 2,188,842 2,298,284
Re.riclent$ wilhLJbrrBy Card:! 246,908 276,971 307,991 338,790 369,281
AnwualI'isIU to 'he LJbrury 1,662,814 1,946,347 1,524,717 1,677,189 1,828,136
.Pro8ram~· 53,257 83,367 90,216 99,238 108,169
Ct1IIfJ1IIIi1r Us" IncludingA._
to LIltrary Web.riU. 1,827,094 2,009,81.0 2,416,613 2,658,274 2,897,519
Anwual HoiIrI ofStsrvkl 18,693 19,306 25,755 29,374 . 3~,899 . County of San Joaqulri 2009-10 Proposed Budget

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 24 of 48

Fiscal Year 2009 - 2010

60609DOOOO-County Library Education

BGard continued the Provam in 2008-09 and allocated SlOO.()oo bosD:1he County Oeneral Fund to match, on a 4ollar·foNloIlar basis, _tI'ilrutiOllS from pa!:lieipllting CltIcs for addiIionaI library materials lit tho County ~ balled Oltll proporti.llIIa!IIfuIm~

'the 2003-09 COIlIrlbutiOllS ftom the Pllrticipating cities totaIIId $108,600. A total of 5,091 volumes were purc:based and dlstrllluted to the Count)' branch libraries as follows:

.IcIrIr£a. Eltcalon LOlhrop MIlttteca Ripon 7l-~

J'olIt_ l!JusbJIuJl 703 169 1,406 938 1.,i75

County of Sin Joaquin 2009-10 Proposed Budget

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 25 of 48

Fiscal Year 2008 - 2009

6060900000-Counfy Library -Education

1006-07 Z001.o8 10084)9 ZOOJ.M Jacnut!
UbnryFtmd .Adval AJlPfIMd ~esled . ReI:_Jided (Deenua)
~
Sertlicu '* SUpplies $15,561 $88,550 ~8,55O $U,55O $0
OlherC/uu'gf13 5j164,981 6t§418 ~2871830 ~-!! !J7s.sa&')
7btalJpproprilllions $5_.840,S42 $6,551,96& . $6,376,380 $6.316,380 ($17~
Eill1U!iI R_nB.I'$D~
llue,,- $5,485 •• 57 $5.729,331 $5,73(1.000 $5.730.000 $669
/IIkrestlRmts 24,568 20.000 '18.000 18.000 (2.000)
Aidfrom Otlulr GovemmenLt 232,.848 360,7:24 286,000 286,(iOO (74.?24)
ChargilsjbrServicu 137Jl)(i 137Jl)(i 135,000 135.000 (2.306)
FUlldBalilllCiI (23715:28) .1001000 0 0 ~1!!!!'!l!l!!l
Total RnmUfll SS,64z,3S1 $6.347,361 $6,169,000 $6,169.000 ($178,361)
NtIl Cormq etnl $198,191 $2()4,607 $207,380 $207,380 $4713 Purpose

This bulIgetprovidistile County's share of1he COJt of the:

CitylCounty Library System which servc61he cities of EscaloD,.Lathrop. MantllCa, RIpon. Stodcton, and Tr4c)I as well 1&1he\lllllu:otporaled areas of1he County.

Major Budget Changes OtherCltatg_

» (Sl00,OOO)

Delete one-time computer system upgrade.

Reven_

,. ($100,000) Delete IIS1' of Fund Balance for onelimo cxpCnses.

» ($14,410) Demase in.State Public LI1mu:y Fund.

Program Discussion

The COII!IlY's fiID.ding base for Jibmry services Is compri.sed ofpropctty tax revenues, the pro rata share of tlnes and tees for librar)' servlcos.1he County's share of the S1ato Publio Library Fund and the: Library Direetot's position costs,and any prior year C<lllYoOVot balance. Based on tho prclimin¥Y f'wecast, it Is projected that

$6,376,3S0will be avalhible for 11bt:ary opelattons in 2008-09. This .projection is predicated on Ill_cd valuation remaining at the 2007.QSlevo1.

1henlCO!llll1lmded 20084)9 Libnuy Services bud&et will:

» Fund tile Libnuy's share of1he Jl1'OJ*lY tax admlnistraiJon foe orpa,sso.

» Provide $6,1 87,S30 Cor Library ~

» CODtinucaGonoialFundapproprlatlonofSlOO.ooo 113 County matdl to contrlbutioII8 ftolIl. participating cities for lib1'lIIy materials.

Library SlIrvic"

In January 2008. the Libnuy held II Countywl~ LIbJ:ar:Y $\UDlllit to share IIIld discuss 1he findinp of the Stra!e&ic Plan, F\lCilities Master Plan, and Bconomic Benefit StIldy. The Slrstegic Plan lISllisled In shaplnglhe Library's vision. IIIld places focus 00 achlev:ins the following three goals:

» Create IIIld empower readers. )0 Create a c()mfortabie place. » Connect to the on-line world.

The Facilities Master Plan analy2:ed the eummt state of1he I,ibrary system as it relates to patron use patterns and needs, and technology and lofraslructure detjdenc*. The Libmry's new Facilities Mutlll' Plan SOUl II taraet of 0."10 M squBrll teet oflibrilry apace per capita bY !he yoar2030.

H-2

County efSan Joaquin 2008.01 Pl'QPOIWed Budget

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 26 of 48

Fiscal Year 2008 - 2009

6060900000-County Ubrary EducaUon

Tho Plan di.vided the Lihtaly system into six service areas to mako !ibmry servicoJ more iIC<l(';$$I"ble and equitable tIIrouPout the County. New reBOlll.'llll Jilmu::!es will be establl$bed in taeh nIIlioD. to support local community brandtcs with additional program services md materials. The 1Iext sup in the Plan. process Is the development of stJ:atoJics for implementing the reeomntcndations, ineludlng funding and phasing options as well as locations and partnership OPJlOlIUnities for building new libraries.

in PcbJuary 2008, the Library was honored with a San Joaquin CouncIl of Governments Regional Excellence Comml1ll.1ty mvolvement Award The Library received tbe ~ Award for Creatively Increasing Service Houn IIIId Acem Points for County Residents. 'The Librllly also RIIIlived. l1li honorabllllllention for the Dill de los Nlnos at tbe Cesar Chavez and Manteea bmncbes.

In 2007-03, tho Library received II total 0($19s.o00 In grants. to provide enIlancedh_1IIk assistance, cultural ~and IIIcracy services foradu11s, children. and fillnilles. .

Branch LIbrarIH

Thll MoIIIItaIn HousoBranCh Library, the fustpublic amenity fortlle n_town, was opcnedin 0d0bei2007.ltwUl _11$ l1li interimslleuntil II pennanentLibrary is built In the town's eenm-. Tho 4.750 Iq1Wt foot library is anticf.. patedtohaverougbly20,OOO~adedJcatedchildren's ~oo. a young adult area, 811d. all. mtlmll>t wOl:J( area.

. EIlly LeamIng for Famillas grants to(JIIIng $2S,OOO were rec:eived 1n"2007..08 for Fair Oaks, Man~ and Tracy bmncbes. Tho gniritprognllD is deslgJied to Implement8lld support Innovative llbrary seMcestbat rellect CII1TODt J'IIIIeaICh and best~s related 1,0 chil!l develbpment,

especially engagillg babies, toddlers, prescboolers. parenl$, and Child care providers ..

In JUne 2008, tbo Library completed the Implementation ofWi·Fi (wireless tedmoJogy) throughout the Library systcl!l anowlngP4tro11S to _ect wirelessJy to the Intemet. Controls havebeen added to tho Wi·Pi $)'stem that wm resu::!~ access to potentislly q1Iestionablo websites.

Based upon clll!llll1inity feedback to the 1l"brary, bmnch librllly hours weAl increased in 2007"()8. For2OO!-ll9, tbe weeldy hours for the County bmnch libraries, including .hours funded by both the County and the respectlvll cltles, remain unclulllged and nre as fonaws:

BlJmdJ. Escdon Lathrop LiIIdIln MantBCQ

RiJxm T/wtnf(m

7rticy

WUklyRgyrt 40

21

31

53

40

31

53

lm.f{IOVfiI'ImentaJ '.rtn .... blp program (IPP)

In 199&-99. tbe Board established tile IPP to flll'therpromole cooperation amoog tile cities and tile County in impmving the Llbraty systeID and public serviees. Tho Board_linuedtheProgam,1n2O!l7..08811d.tloeated Sl00,OOO Ii'oI!I the County General Fun4 to matcb, on a do1Jar..for.doUar basis, CODlrlbutions Ii'oI!I parliclpatlng citi~ror addltlooaI h'brary I!IlIferi.als at tile County branches bused on a proportiODlltll·forI!Iula •

. :.
Workload Oata
Acto' Ett.IAct. Prvjeeted
2004-05 •. 2QO$.06 2006-07 2007..()8 2008-09
Ltbrlll'Y Matfrlab CtrCnlaled 2,114,061 2,013,852 1,9n.150 2,2.26,038 2,337,340
11MldertII willi LfbraryCOn/s 229,172 246,908 Z76,971. 293,867 323,254
~ J'isill to the LIbrary 1,659.278 ),662,814 1.,946,347 1,213,976 1,335,374
. Program A.ttendance 73,651 53,257 83,367 83.000 91,300
ComprItr Uu..I1WluiJlng AcceJS " ..
'" Lfbrarj WmUi 2,66&,657" 1.827,094 2.009,810 2,896,709 3.186,380
AIfm!4l H01/I'84tSezylce , Ip.$60, 18.693 19,1O6 2$~755 29,374 CoUnty of San_IIln 2OO~ Pl'Oj)Q$edBud.get

" ' ... . . . ....

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 27 of 48

Fiscal Year 2008 - 2009

606090000O-County Library Education

The 2001.08l101ltributioos froin tho pmticipatlng cities total S10',ooo. A total of 4,687 vol_ were purchased 8IId distributed to tho CowI1y branch libraries as follows:

J70hnIIn

. i.r:am Pyrdyqd

.Escalon 563

LQlhrop 211

I..tnden 281

AII1nIsc4 1,031

Ripon 703

"11roml()n :isl

fr<2<l.Y 1,617

The200S"()9 ~propOtiles to IlOIllimle tho lPP androo- . ommends a General Fund approprllltiooofSlOO.OOOto llIatch contribuliollS tram pamcipating cities. Alt,iurisclieU()IIS have indkated their intent toparticipatc in tho program in 2008-09. . . ."'

County of San Joaquin 200I-0t Propond Budpt

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 28 of 48

ATTACHMENT .B

Linden Branch Library and Thornton Branch Library Facilities Costs

LINDEN BRANCH LIBRARY FACILITIES COSTS

ITEM

ANNUAL COST

Lease for Facility:

19059 E. Main Street, Linden, CA 95236

Peter Boysen Reality, Lessors @ $1 ,820.98/month

. $21,851.76

Maintenance/Janitorial Services:

Universal Building Services @ $436.00/month (Other maintenance provided by City of Stockton) (Facilities Maintenance @ hourly cost/instance)

Utilities (electric, gas):

PG&E January - December 2008

$5,232.00

$7,913.13

Telephones:

2 - Verizon telephone lines - basic service @ $67.20/month (toll call charges vary month-to-month)

$806.40

Garbage:

Allied Waste Services @ $45.50/month

$546.00

Water and Sewer:

Billed by Peter Boysen Reality @ $17.1 O/month

$205.20

Pest Control:

Clark Pest Control @ $52.00/quarter

$208.00

Fire Extinguisher Service:

Armor Fire Extinguisher Company

US Post Office Box #661

$18.00 $42.00

$36,822.49

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 29 of 48

THORNTON BRANCH LIBRARY FACILITIES COSTS

ITEM ANNUAL COST

Maintenance/Janitorial Services:

Universal Building Services @ 463.00/month $5,556.00

Landscaping:

Greenline Landscape & Maintenance @ $256.00/month $3,072.00

Telephones:

2 - AT&T telephone lines - basic service @ $27.43/montl'l $332.76

(toll call charges vary month-to-month)

Garbage:

California Waste Recovery Systems @ $182.62/month $2,191.44

Pest Control:

Clark Pest Control @ $55.00/quarter $220.00

Fire Alarm/Security System:

Alamo Alarm Company @$72.00/month + $257.00 annual fee $1,121.00

$12,493.20

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 30 of 48

ATTACHMENT C

"Specific Branch Information . FY 2008 - 2009"

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 31 of 48

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(3 0:: a.. a.. 0 :::i ::: STOCKTON - SAN JOAQUIN COUNTY PUBLIC LIBRARY
2008 - 2009 Library Services Statistics - County Branches
Number of Programs
Mtn.
Escalon Lathrop Linden Manteca House Ripon Thornton Tracy
July 14 14 9 19 15 15 20 22
August 7 7 0 12 10 18 13 17
September 12 9 0 12 15 34 14 43
October 18 13 9 15 18 36 17 42
November 12 5 7 10 8 21 9 24
December 13 10 5 10 9 28 11 29
January 27 9 10 7 8 22 8 27
February 10 7 6 13 9 18 12 34
March 30 15 5 20 8 16 18 36
April 12 8 19 7 7 2.6 26 26
May 10 4 2 16 6 16 20 25
June 14 9 9 16 8 18 17 29
TOTAL 179 110 81 157 121 268 185 354 San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 34 of 48

STOCKTON - SAN JOAQUIN COUNTY PUBLIC LIBRARY
2008 - 2009 Library Services Statistics - County Branches
Program Attendance
Mtn.
Escalon Lathrop Linden Manteca House Ripon Thornton Tracy
July 161 283 157 1261 208 790 265 1051
August 95 33 0 511 157 604 195 425
September 196 37 0 448 240 558 146 1115
October 142 103 40 684 219 915 258 1022
November 18 55 8 373 160 384 217 561
December 90 59 40 453 206 522 147 606
January 122 43 224 531 128 399 72 725
February 80 47 24 740 105 418 161 746
March 101 125 11 813 110 363 211 746
April 130 70 0 813 86 610 256 908
May 329 62 20 833 95 329 336 437
June 339 224 247 1176 98 693 229 655
TOTAL 1803 1141 771 8636 1812 6585 2493 8997 San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 35 of 48

ATTACHMENT D

Sample Agreements

Regardless of the proposal option selected, it is anticipated that this RFP will result in the generation of two separate agreements, one with the City, one with the County.

Sample Agreement - City

To be provided at a later date.

Sample Agreement - County

INDEPENDENT CONTRACTOR AGREEMENT

SAN JOAQUIN COUNTY CONTRACT ID#

Contract Amount $

PARTIES:

COUNTY:

County of San Joaquin Purchasing & Support Services

44 N. San Joaquin Street, Suite 540 Stockton, CA 95202-2931

With copies to:

County of San Joaquin

CONTRACTOR:

This Agreement is made and entered into this day of ,

200 __ , by and between , an Independent CONTRACTOR

(hereinafter "CONTRACTOR"), and San Joaquin County, a political subdivision of the

State of California for (hereinafter "COUNTY").

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 36 of 48

ORDER OF PRECEDENCE

Each of the items listed below is hereby incorporated into this Agreement by this reference. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:

1. Applicable Federal and State of California statutes and regulations, this Agreement and its exhibits.

2. COUNTY Request for Proposal Number _

3. CONTRACTOR'S Proposal dated _

RECITALS

WHEREAS, COUNTY hereto desires to contract for the furnishing to all inhabitants of COUNTY, outside the corporate limits of the City of Stockton and the City of Lodi, a uniform countywide free library selliice(hereinafter "County Free Library") as provided by Chapters 5 and 6 of Title 1, Division 1, Part 11, of the Education Code of the State of California, Sections 18900-19180, inclusive; and

WHEREAS, COUNTY believes that these services can be most efficiently provided through the use of existing branch facilities:

Escalon Branch: 1540 Second Street, Escalon, California; . Lathrop Branch: 15461 th Street, Lathrop, California;

Linden Branch: 19059 E. Main Street, Linden, California; Manteca Branch: 320 W. Center Street, Manteca, California;

Mountain House Branch: 579 Wicklund Crossing, Mountain House, California; Ripon Branch: 333 W. Main Street, Ripon, California;

Thornton Branch: 26341 N. Thornton Road, Thornton, California; Tracy Branch: 20 E. Eaton Avenue, Tracy California.

NOW, THEREFORE, for and in consideration of the promises and of the mutual covenants contained herein:

1. CONTRACTOR agrees to operate branch libraries in the various parts of the County of San Joaquin wherever feasible with the means at its disposal, in order to provide the residents of the County of San Joaquin, in the territory within the County outside the corporate limits of the City of Stockton and the City of Lodi (hereinafter "County Residents"), all library services and privileges to the extent that the funds available will permit.

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 37 of 48

2. COUNTY agrees to pay CONTRACTOR each month, one-twelfth (1/12) of

its library operating budget, with payments to begin on _

3. It is expressly understood and agreed by CONTRACTOR and COUNTY that the following procedures shall be utilized for determining and establishing the County Free Library annual operating budget and branch operations services schedules:

(a) In Mayor earlier of each year COUNTY shall notify CONTRACTOR of monies available from COUNTY for library services for the next fiscal year. This figure shall comprise COUNTY'S proportionate share of the County Fr~e Library operations budget.

(b) In June or earlier of each year CONTRACTOR shall submit to COUNTY its proposed County Free Library operations budget with a detailed description of the services available to COUNTY branch operations based upon available funding.

(c) CONTRACTOR'S proposed library operations budget shall be reviewed in standard manner by the County Administrator's Office, which shall make its recommendations to the County Board of Supervisors.

(d) The proposed library operations budget and branch operations services schedules shall be finally fixed and adopted by the Board of Supervisors prior to the start of the ensuing fiscal year, shall be considered a part of this Agreement as if set forth in full herein and, except as otherwise provided herein, shall be binding on the parties hereto.

4. On or before July 1 of each year, CONTRACTOR shall make a report to the County Board of Supervisors concerning the operational status of the County Free Library, and shall furnish COUNTY with a detailed financial statement for the prior fiscal year. The financial statement shall set forth, without limitation, the revenue generated by each COUNTY branch, the actual operations costs and expenditures incurred by each COUNTY <, branch, and any costs and expenditures allocated to administrative overhead or indirect costs for each COUNTY branch. The financial statement shall also include a detailed inventory and accounting of any print, electronic or other resource(s) purchased for or on behalf of each COUNTY branch during the preceding fiscal year.

5. CONTRACTOR and COUNTY agree that COUNTY'S contribution to the library operating budget shall be updated annually and utilized by COUNTY and CONTRACTOR in adjusting the services available to COUNTY branch operations for the ensuing fiscal year, and that said adjustments shall be subject to annual budgetary approval by the San Joaquin County Board of Supervisors. If, in any year, the Board of Supervisors should fail to approve the adjusted annual library operations budget and branch operations services schedules, this Agreement shall automatically terminate on January 1 of the ensuing fiscal year.

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 38 of 48

6. It is further understood and agreed that subject to the provisrons of Paragraph 5 of this Agreement, the term of this Agreement shall be from July 1, 2010, to June 30, 2011, inclusive, and shall be automatically renewed ona year to year basis thereafter. Notice of discontinuance of this Agreement by either party must be made at least six (6) months prior to the expiration of the initial Agreement period or any extension thereof.

7. COUNTY is responsible for major projects or upgrades concerning library buildings, grounds, building systems, utilities, landscaping, HVAC, and lighting, and for any capital improvements to branch facilities. CONTRACTOR is responsible for providing routine landscaping, phone, garbage, pest control, fire extinguisher, alarm, electric, gas, water, sewer, and janitorial services for each branch facility.

8. COUNTY is responsible for administering all leases for any current or future branch facilities. CONTRACTOR is responsible for making any and all lease payments.

9. All systems, equipment, and furnishings available for library operations at the time of the execution of this contract will be provided to CONTRACTOR for CONTRACTOR'S use in performing the contracted services. CONTRACTOR is responsible for maintaining and replacing all such. systems, equipment, and furnishings in accordance with the standards and inventories in place at the time of the execution of this contract.

10. CONTRACTOR shall defend (with counsel acceptable to COUNTY), indemnify and hold harmless COUNTY in its propriety capacity and in its governmental capacity, its directors, officers, officials, employees, agents and representatives and the COUNTY branch library operations from and against any and all liability, suits, proceedings, liens, judgments, fines, actions, penalties, damages, losses, expense, claims or demands of any nature, including costs and expenses for legal services and consultant fees for investigation and experts for trial, and causes of action of whatever character which COUNTY may incur, sustain or be subjectto (collectively "liability") sustained by any person, entity, or property, on or about the COUNTY branch library operations or allegedly arising out of or in any way connected with: (1) CONTRACTOR'S occupancies and/or use of any part or all of the COUNTY branch operations; (2) CONTRACTOR'S exercise of anyone, more or all of the rights and privileges herein granted; (3) any breach or default in the. performance of any obligation on CONTRACTOR'S part to be performed under the terms of this Agreement; (4) any acts or omissions on the part of CONTRACTOR and/or any officers, agents, employees, contractors, subcontractors, servants, representative, tenants, affiliates, guests, invitees, visitors, or subtenants of CONTRACTOR during the life of this Agreement. The provisions of this paragraph shall survive the expiration or early termination of this Agreement.

11. During the term of this Agreement, CONTRACTOR shall, at its sole expense, obtain and at all times maintain in full force and effect, policies providing the following insurance:

San Joaquin County Library Operation Services Thursday, June 10,2010

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(a) Broad form comprehensive commercial general liability insurance, which shall include, but not be limited to, premises/operations coverage, products/completed operations coverage, contractual coverage, property damage coverage, and personal injury coverage, with a combined single limit of not less than two million dollars ($2,000,000.00) per occurrence, and a deductible of not more than ten thousand dollars ($10,000.00), protecting both COUNTY and CONTRACTOR from claims of bodily injury and property damage which may arise out of CONTRACTOR'S occupancy or use of COUNTY facilities, or as a resuit of CONTRACTOR'S performance of library functions for the County Free Library.

(b) "All risk" property insurance providing coverage against fires, vandalism, malicious mischief and other perils, and covering all improvements to County Free Library facilities for the full replacement cost thereof.

(c) Worker's compensation insurance for the benefit of CONTRACTOR employees to the extent required by law.

12. The insurance policies specified within this Agreement shall name the County of San Joaquin, California, and its officers, employees and agents as an additional named insured and shall contain a thirty (30) day Notice of Cancellation or Material Change Endorsement in favor of the County of San Joaquin.

13. Any insurance maintained by CONTRACTOR pursuant to the provisions of this Agreement shall be the primary coverage whether or not COUNTY, its officers, employees, or agents shall have other insurance against any loss covered by such policies.

14. Prior to the expiration of any insurance policies required by this Agreement, CONTRACTOR shall ensure that CONTRACTOR'S insurance carriers provide COUNTY with evidence of policy renewals, continuations or terminations.

15. CONTRACTOR shall ensure that any insurance policies required by this Agreement shall include a waiver of any subrogation rights of recovery against COUNTY in connection with any damages paid under the terms of the policies.

16. In the performance of work, duties and obligations imposed by this Agreement, the CONTRACTOR is at all times acting as an Independent CONTRACTOR practicing his or her profession and not as an employee of the COUNTY. A copy of CONTRACTOR'S current professional, local, state or other business licenses required to conduct the services stated herein, will be provided to COUNTY. The CONTRACTOR shall not have any claim under this Agreement or otherwise against the COUNTY for vacation, sick leave, retirement benefits, social security or workers' compensation benefits. The

San Joaquin County Library Operation Services Thursday.dune 10,2010

RFP 09-40 Page 400f48

CONTRACTOR shall be responsible for federal and state payroll taxes such as social security and unemployment. COUNTY will issue a Form 1099 at year-end for fees-earned.

17. Inasmuch as this Agreement is intended to secure the specialized services of the CONTRACTOR, CONTRACTOR may not assign, transfer, delegate or subcontract their obligation herein without the prior written consent of San Joaquin County. Any such assignment, transfer, delegation or subcontract without the prior written consent shall be considered null and void.

18. This Agreement does not grant to CONTRACTOR any exclusive privileges or rights to provide services to COUNTY. CONTRACTOR may contract with other counties, private companies or individuals for similar services.

19. CONTRACTOR shall not discriminate because of age, ancestry, color, creed, marital status, medical condition (cancer or genetic characteristics), national origin, physical or mental disability, political affiliation or belief, pregnancy, race, religion, sex (includes sexual harassment) and sexual orientation.

20. CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. Sections 12101 et seq.)

21. Any notice required to be given pursuant to the terms and conditions hereof shall be in writing, and shall be effected by one of the following methods: personal delivery, prepaid Certified First-Class Mail, or prepaid Priority Mail with delivery confirmation. Unless otherwise designated in writing by either party, such notice shall be mailed to the addresses shown on page one (1) of this Agreement.

22.. If the CONTRACTOR breaches or habitually neglects the CONTRACTOR'S duties under this Agreement without curing such breach or neglect upon fifteen (15) working days written notice, the COUNTY may, by written notice, immediately terminate this Agreement without prejudice to-any other remedy to which COUNTY may be entitled, either at law, in equity, or under this Agreement.

23. If the County Board of Supervisors fails to appropriate funds to enable County Departments to continue to make purchases under this Agreement, this Agreement will be cancelled immediately and CONTRACTOR will be given written notice of such termination.

24. CONTRACTOR covenants that CONTRACTOR, its officers, employees or their immediate family, presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 41 of48

degree with the performance of services required to be performed under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by CONTRACTOR under this Agreement. CONTRACTOR shall not hire COUNTY'S employees to perform any portion of the work or services provided for herein including secretarial, clerical and similar incidental services except upon the written approval of COUNTY. Performance of services under this Agreement by associates or employees of CONTRACTOR shall not relieve CONTRACTOR from any responsibility under this Agreement.

25. CONTRACTOR shall comply with the provisions of Government Code Section 8350 et seq., otherwise known as the Drug-Free Workplace Act.

26. It is agreed that neither party shall be responsible for delays in delivery, acceptance of delivery, or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or regulations of any governmental agencies or other matters or conditions beyond the control of either the CONTRACTOR or the COUNTY.

27. CONTRACTOR shall comply with all federal, state and local laws, regulations and requirements necessary for the provision of contracted services. Furthermore, CONTRACTOR shall comply with all laws applicable to wages and hours of employment, occupational safety, fire safety, health and sanitation. CONTRACTOR shall maintain current throughout the life of this Agreement, all permits, licenses, certificates and insurances that are necessary for the provision of contracted services.

28. All drawings, specifications, documents and other memoranda or writings relating to the work and services hereunder, shall remain or become the property of the COUNTY whether executed by or for the CONTRACTOR for COUNTY, or otherwise by or for the CONTRACTOR, or by or for a subcontractor operating under the CONTRACTOR'S supervision, or direction, and all such documents and copies thereof shall be returned or transmitted to COUNTY forthwith upon COUNTY written demand, termination or completion of the work under this Agreement.

29. In any action brought to enforce any provision of this Agreement, the losing party shall pay the prevailing party's reasonable attorney fees and losses.

30. COUNTY and CONTRACTOR acknowledge and agree that "Work Product", and all components of it, provided or developed by CONTRACTOR hereunder or in connection herewith shall constitute "works made for hire" within the meaning of Title 17 United States Code Section 101 et seq. (the "Copyright Act"), and all right, title, and interest in and to the Custom Products shall vest in the COUNTY immediately upon development. To the extent any such Custom Products may not be the sole and exclusive property of the COUNTY and/or may not be a "work made for hire" as defined in the Copyright Act upon development, then

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 42 of 48

CONTRACTOR agrees to and hereby does sell, transfer, grant and assign to the COUNTY all copyrights, patents, trade secrets, inventions, and other proprietary rights, title, and interest in and to such Custom Products upon development. On all written material, whether in print, electronic, or any media form, constituting "Work Product", CONTRACTOR shall place or cause to be placed the following legend preferably in the lower right corner:

© 2010 County of San Joaquin. All rights reserved.

31. CONTRACTOR shall comply with the following policies and procedures to secure and maintain COUNTY data and to safeguard COUNTY confidentiality:

(a) Acknowledgment of access to information characterized as covered data.

Contractor acknowledges that its contract/purchase order ("Agreement") with the County of San Joaquin, California( "County") may allow the Contractor access to confidential County information or County provided information including, but not limited to, personal information, records, data, or financial information notwithstanding the manner in which or from whom it is received by Contractor ("Covered Data") which is subject to state laws that restrict the use and disclosure of County information, including the California Information Practices Act (California Civil Code Section 1798 et seq.), California Constitution Article 1, Section 1, and other existing relative or future adopted State and/or Federal requirements. Contractor shall maintain the privacy of, and shall not release, Covered Data without full compliance with all applicable state and federal laws, County policies, and the provisions of this Agreement. Contractor agrees that it will include all of the terms and conditions contained in this clause in all subcontractor or agency contracts providing services under this Agreement. Where a federal, state or local law, ordinance, rule or regulation is required to be made applicable to this Agreement, it shall be deemed to be incorporated herein without amendment to this Agreement.

(b) Prohibition on unauthorized use or disclosure of covered data and information

Contractor agrees to hold Covered Data received from or created on behalf of County in strictest confidence. Contractor shall not use or disclose Covered Data except as permitted or required by the Agreement or as otherwise authorized in writing by County. If required by a court of competent jurisdiction or an administrative body to disclose Covered Data, Contractor will notify County in writing prior to any disclosure in order to give County an opportunity to oppose any such disclosure. Any work using, or

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 43 of 48

transmission or storage of, Covered Data outside the United States is subject to prior written authorization by the County.

(c) Safeguard standard

Contractor agrees that it will protect the Covered Data according to commercially acceptable standards and no less rigorously than it protects its own confidential information, but in no case less than reasonable care. Contractor shall develop, implement, maintain and use appropriate administrative, technical and physical security measures which may include but not be limited to encryption techniques, to preserve the confidentiality, integrity and availability of all such Covered Data.

(d) Return or destruction of covered data and information

Upon termination, cancellation, expiration or other conclusion of the Agreement, Contractor shall return the Covered Data to County unless County requests that such data be destroyed. This provision shall also apply to all Covered Data that is in the possession of subcontractors or agents of Contractor. Contractor shall complete such return or destruction not less than thirty (30) calendar days after the conclusion of this Agreement. Within this thirty (30) day period, Contractor shall certify in writing to County that the return or destruction has been completed.

(e) Reporting of unauthorized disclosures or misuse of covered data and information

Contractor shall report, either orally or in writing, to County any use or disclosure of Covered Data not authorized by this Agreement or in writing by County, including anyreasonable belief that an unauthorized individual has accessed Covered Data. Contractor shall make the report to County immediately upon discovery of the unauthorized disclosure, but in no event more than two (2) business days after Contractor reasonably believes there has been unauthorized use or disclosure. Contractor's report shall identify: (i) the nature of the unauthorized use or disclosure, (ii) the County Covered Data used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Contractor has taken or shall take to prevent future similar unauthorized use 01' disclosure. Contractor shall provide County other information, including a written report, as reasonably requested by COU:1ty.

(f) Examination of records

County and, if the applicable contract or grant so provides, the other contracting party or grantor (and if that be the United States,

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 44 of 48

or an agency or instrumentality thereof, then the Controller General of the United States) shall have access to and the right to examine any pertinent books, documents, papers, and records of Contractor involving transactions and work related to this Agreement until the expiration of five years after final payment hereunder. Contractor shall retain project records for a period of five years from the date of final payment.

(g) Assistance in litigation or administrative proceedings

Contractor shall make itself and any employees, subcontractors, or agents assisting Contractor in the performance of its obligations under the Agreement available to County at no cost to County to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings against County, its directors, officers, agents or employees based upon a claimed violation of laws relating to security and privacy and arising out of this Agreement.

(h) No third-party rights

Nothing in this Agreement is intended to make any person or entity who is not signatory to the Agreement a third-party beneficiary of any right created by this Agreement or by operation of law.

(i) Attorney's fees

In any action brought by a party to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs, including the reasonable value of any services provided by in-house counsel. The reasonable value of services provided by in-house counsel shall be calculated by applying ali hourly rate commensurate with prevailing market rates charged by attorneys in private practice for such services.

U) Survival

The terms and conditions set forth shall survive termination of the Agreement between the parties.

32. In conjunction with the matters stated herein, this Agreement contains the entire understanding of the parties and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature hereafter binding except as set forth herein. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their right to claim, contest or assert that this Agreement was modified, canceled superseded, or changed by oral agreements, course of conduct, waiver or estoppel.

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33. The parties hereto acknowledge and agree that the terms of this Agreement are contractual, and agree that the Agreement shall be governed by and interpreted in accordance with the laws of the State of California.

34. Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby.

35. The parties hereby renounce the existence of any third party beneficiary to this Agreement and agree that nothing contained herein shall be construed as giving any other person or entity third party beneficiary status.

36. This Agreement shall be governed by the laws of the State of California in force at the time. Any legal action relating to this Agreement shall be brought in the County of San Joaquin, State of California.

37. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.

38. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.

IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement on the day and year first written above.

CONTRACTOR Name Address

City, State and Zip

COUNTY OF SAN JOAQUIN, a political subdivision of

the State of California

By: Date: _

Signature, Authorized Agent

By: Date:

David M. Louis, C.P.M., CPPO, CPPB Director, Purchasing & Support Services

By: __

Printed Name of Authorized Agent

APPROVED AS TO FORM Office of County Counsel

By: Date: _

Robert O'Rourke

Deputy County Counsel

Buyer of Record:

San Joaquin County Library Operation Services Thursday, June 10, 2010

RFP 09-40 Page 46 of 48

ATTACHMENT E

Current Contracts and Agreements

Contracts

49/99 (delivery services) - (expires 6130/2010)

Alldata - (expires 10102/2011)

Dear Reader - (expires 12/31/2010)

Ebsco - Electronic Databases - (expires 12/31/2013, with option to renew 1 additional year)

Ebsco - Serials subscriptions - (expires 12/31/2013, with option to extend agreement 3 additional years)

Gale (Biography Resource Center) - (expires 12/31/2010)

Ingram (iPage) - (expires 7-31-2011)

Learning Express Library - (expires 7-26-2010)

.

Learning Express SkillslComputers - (expires 12/31/2010)

Library of Congress (Cataloger's Desktop) - (expires 11/06/2010)

OCLC (Cataloging services, ILL services, access services) - (ongoing - renewed 6/3012010)

OCLC (Web Dewey) - (expires 10/1/2011)

ProQuest (Ancestry.com) - (expires 10/31/2011) Recorded Books (NetLibrary) - (expires 6/30/2010) SAMs Online - (expires 12/31/2010)

Sirsi (Library online data base) - (expires 6/3012011)

Social Studies Fact Cards - (expires 1/31/2011)

Westlaw (Westlaw Pro) - (expires 7-31-2012)

San Joaquin County Library Operation Services Thursday, June 10,2010

RFP 09-40 Page 47 of 48

Other Agreements (year to year renewals, subscriptions)

AskNow (original agreement between 49-99 and the Calif State Library) - onqoinq - will terminate if we terminate providing the service for 24/7 reference

Baker & Taylor - (cataloging/processing; Title Source III) Brodart (Cataloging/processing, standing orders) - (ongoing)

BWI (standing orders) - (children's DVD's)

Califa (state cooperative) - (ongoing)

Ingram (processing) - (ongoing)

Junior Library Guild (pre-paid standing order) - (children's books)

LIT (ongoing authority database maintenance - (ongoing)

Midwest Tapes (contract cataloging/processing) - (ongoing)

OCLC (TechPro cataloging) - (as needed)

OCLC (Language Sets) - (as needed)

San Joaquin County Library Operation Services Thursday, June 10, 2010

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