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Memorandum of Agreement Concerning the Construction and Occupancy of Neighborhood Service Center Space in Certain Library Facilities

 

Among the Seattle Public Library, the Department of Neighborhoods,
And the Executive Services Department (or Successor Department(s))


November 1, 2000


This Agreement is made and entered into beginning November 1, 2000 among the Seattle Public Library, hereafter referred to as the "Library", the Department of Neighborhoods, hereinafter referred to as "DON", and the Executive Services Department, hereinafter referred to as "ESD".

I. Introduction

The Library and DON are exploring co-locations of Neighborhood Service Centers (NSCs) in or adjoining four branch Library facilities (Ballard, Beacon Hill, Capitol Hill, and Lake City) to give customers the benefit of having joint access to both library and municipal services. The Library Board has already approved the concept of co-location at Ballard and Lake City and approved co-location at the future Capitol Hill Branch at the September 2000 Library Board meeting; a final decision concerning co-locations at the Beacon Hill branch will require Library Board approval.

Unless otherwise noted, the City of Seattle holds the properties containing the Capitol Hill and Lake City Libraries and Neighborhood Service Centers for general municipal purposes with jurisdiction assigned to the Library. The purchase of property for the new Beacon Hill and Ballard branches will likely also be for general municipal purposes. Jurisdiction is usually assigned by the City Council at the time of the acceptance of the deed. A joint occupancy arrangement is planned for the Library and NSC, with the Library assuming jurisdiction of the space and responsibility for managing the maintenance of the entire facility. Ongoing operations and maintenance costs will be apportioned to DON for a proportionate share of the jointly used space and solely for the NSC space. Intended future occupancy of the NSC space is described in the Future Actions section (VII).

II. Purpose of this Agreement

In establishing this agreement, the Library and DON seek to:

  1. Clarify roles and responsibilities concerning the construction of NSC space co-located in the Ballard, Beacon Hill, Capitol Hill, and Lake City Branch Libraries;

  2. Establish timelines for project activity and completion;

  3. Create guidelines for the financial management of the NSC projects; and

  4. Recognize that a separate Memorandum of Agreement will be developed at a future date to guide the Library and DON regarding the ongoing operation of the facility. The Library and DON agree that the Library will have first priority for the use of meeting room(s) contained within its space and the NSC will have first priority for the meeting room(s) contained within the NSC space in the co-located facility, unless otherwise negotiated in a site specific operating agreement.

This Agreement clarifies the process concerning the construction of NSC facilities at certain library sites. ESD is managing a parking garage and park project in Lake City as part of the Lake City Civic Center project. It has not been determined yet how the Lake City Library project will be connected to the Lake City Civic Center project. Since the management of the parking garage and park at Lake City will be done separately from the management of the Library and NSC co-location projects, information about the parking garage and park projects is not detailed in this Agreement.

III. General Provisions of the Agreement

  1. This Agreement shall commence on November 1, 2000. A re-evaluation of the Library/NSC co-location will occur by the Library and DON every five years, beginning in 2005. This evaluation will include an assessment of the Library's and DON's preparedness to terminate the co-location arrangement if the relationship is not working to the advantage of the community or the City.

  2. The execution of this Agreement and the renewal, extension, or amendment to this Agreement must be authorized by the City Librarian (following Library Board approval and authorization), the Director of DON, and the Director of ESD.

  3. The Library, DON, and ESD shall act in good faith to implement the terms of this Agreement.

  4. This Agreement is effective only for those Library branches at which the City determines to co-locate an NSC.

IV. Roles and Responsibilities

A. Departmental Roles:

Seattle Public Library: The role of the Library is to manage the design and construction process to develop a building to house a Library and a Neighborhood Service Center (NSC). This includes the management of project expenditures for both the Library and the NSC projects.

Department of Neighborhoods: The role of DON, through the Executive Services Department (acting as client representative for DON), is to approve plans and specifications and participate at the appropriate points in the development process to ensure that the Neighborhood Service Center space meets the program goals.

Executive Services Department: The role of the Executive Services Department is to serve as liaison on behalf of DON for the Ballard, Beacon Hill, Capitol Hill, and Lake City NSC/Library co-location projects. ESD will also manage the planning, design and construction of the Lake City parking garage and park.

B. Roles of Key Personnel:

Library project managers and ESD staff (representing DON) will be assigned to the Library and NSC co-location projects. Attachments 1, 3, 5, and 7 provide a list of key Library, DON and ESD contacts associated with this Memorandum of Agreement (MOA). If substitutions or changes in key personnel are made following the signing of this Agreement, the department making the personnel change will work to fill the position, notify all departments listed in this Agreement, replace the names of former contacts with new ones in the attachments to this document, and issue new copies of the affected attachment to this Agreement to all departments stated in this agreement. Responsibilities of Library and ESD staff are listed below.

Library Project Manager:

Community Process: 1) Organize and attend all public meetings (project siting, consultant team public reception, pre-design, schematic design, design development and grand opening celebration). 2) Attend all project related community organized meetings.

Property Acquisition: 1) Research and create initial list of possible sites. 2) Organize and facilitate community input process. 3) Organize site narrowing process. 4) Negotiate with short list of possible sites. 5) Facilitate site acquisition.

Consultant Selection: 1) Organize consultant request for qualifications. 2) Organize and facilitate short listing of consultant teams. 3) Organize and facilitate public reception for consultant finalists. 4) Organize and facilitate consultant team interviews.

Consultant Contract: 1) Negotiate consultant contract for basic and additional services. 2) Administer consultant contract.

Design: 1) Organize and write design standards. 2) Organize and attend all weekly design meetings. 3) Organize and attend all public meetings (pre-design, schematic design and design development). 4) Organize and facilitate all staff milestone review meetings (schematic design and design development). 5) Schedule and attend all Design Commission meetings (scope briefing, concept design, schematic design, design development and construction documents).

Bid: 1) Organize bid process. 2) Select and contract with reprographics house to print bid documents. 3) Organize and facilitate bid opening.

Construction: 1) Attend weekly on site construction meetings to observe progress. 2) Review and either approve or otherwise respond to contractor's monthly pay requests. 3) Negotiate and approve construction change directives. 4) Issue construction change orders for the entire project.

Move-in: 1) Organize and facilitate move-in coordination meetings. 2) Schedule building move-in. 3) Schedule grand opening celebration.

Closeout: 1) Attend to and, as appropriate, sign off on contractor's punch list.

Warranty Period: 1) Administer warranty period. 2) Organize and facilitate warranty walk through.

ESD Staff : ESD staff's role includes the following:

Programming: Develop the building program for the NSC component (acting as the client representative for DON) and allocate the NSC project budget, including, when appropriate, the Maximum Allowable Construction Costs (MACC) for the NSC portion of the Library.

Consultant selection: Participate in consultant team interviews.

Design: 1) Participate in appropriate weekly design meetings. 2) Participate in all public meetings (pre-design, schematic design, and design development). 3) Participate in all staff milestone review meetings (schematic design and design development), including additional staff as appropriate. 4) Participate in all Design Commission meetings (scope briefing, concept design, schematic design, design development, and construction documents).

Construction: 1) Participate in monthly on site construction meetings to observe progress and have the opportunity to review contractor's monthly pay requests and 2) Approve construction change orders for the NSC portion of the project as appropriate.

Communication: ESC will communicate with DON frequently to ensure DON's involvement in this project.

Move-in: Participate in move-in meetings (include additional staff as appropriate).

V. Financial Management

Roles:
To achieve efficiencies in the financial management of the co-location projects, the Seattle Public Library will manage the overall project budget and control expenditures for the Neighborhood Service Center project and the larger LFA project. The Library will negotiate contracts, set up purchase orders and approve invoices for the Library and NSC projects. The Library project manager will keep ESD staff apprised throughout the life of the NSC project. During the construction phase, the Library will approve construction change orders for the NSC portion of the Library, but only after approval by ESD.

Funding:
As of mid-September 2000, $160,000 in funding has been appropriated through the Neighborhood Planning Opportunity Fund for a 400 square foot Neighborhood Service Center at the Beacon Hill branch. Additional funding ($45,000) is proposed in the Mayor's 2001-2002 Budget to cover anticipated remaining NSC costs at Beacon Hill. In addition, $205,0001 has been included in the 2001-2002 Proposed Budget to fund a 400 square foot NSC at the Capitol Hill branch. The 1999 Community Centers and Seattle Center Levy provides funding for larger, co-located NSCs at the Ballard and Lake City branches ($1,010,000 per branch). An additional $50,0002 is proposed in the Mayor's 2001-2002 Budget for the NSC portion of the Lake City parking garage. Information about project costs and timelines is provided in greater detail in Attachments 1, 3, 5, and 7 to this document.

1 Amount included in the Library's Proposed 2001-2006 CIP.
2 Amount included in the Executive Services Department's Proposed 2001-2006 CIP.

The City intends to provide the level of service anticipated in the 1999 Seattle Center and Community Center Levy for Ballard and Lake City Neighborhood Service Centers. The City Budget Office will provide budget oversight and assist in resolving issues related to cost allocations or budget adjustments if such issues arise. If the previously committed and currently proposed level of funding is not sufficient, the Executive will seek additional funds from the Cumulative Reserve Subfund or other non-Library sources. If the proposed funding for the Beacon Hill and Capitol Hill NSCs is not approved by Council during the 2001-2002 budget process, expenses incurred by the Library as a result of efforts to include NSCs prior to budget approvals (such as NSC design work or other costs) will be reimbursed by ESD's Preliminary Studies and Engineering project or other non-Library sources. The Library will not be able to accommodate NSC co-locations if funding for the Beacon Hill and Capitol Hill projects is not approved in the 2001-2002 budget or via separate ordinance by November 2000.

In addition, if the co-location of NSCs in certain libraries creates significant, unanticipated project costs or scheduling burdens, and a funding commitment by the City is not firmly in place in time for scheduled Library project implementation, the Library will not be able to accommodate NSC co-locations. For example, if another parking level at Capitol Hill is necessary because of NSC parking space requirements, the Library would not be able to accommodate the NSC co-location. If the placement of the NSC on any Library site results in the displacement of existing Library parking spaces, funding for the displaced parking spaces will come from non-Libraries for All funding sources. If the Library Board approves additional parking for the expanded Lake City Library, any Library contribution to the Civic Center parking garage would be limited to parking requirements generated by Library expansion.

Project Management Charges:
To pay for Library project management services, an assessment equivalent to the amount assessed to other LFA projects (currently about 3% of total project costs) for project management will be charged to the NSC portion of the project upon closeout. ESD will also charge the NSC portion of the project an hourly rate, depending on the scope of the project, for its project management services upon closeout. These project management costs will be built into the LFA budgets (from non-Library fund sources) for these projects.

VI. Project Oversight

The Library and ESD shall provide periodic status reports to the City Librarian, Director of DON, and the Director of the City Budget Office (CBO) as appropriate. Following the review and recommendation of the Library Board and Director of DON, the CBO Director shall be the final arbiter of any major policy issues, cost adjustments, disputes, or other important matters concerning the implementation of the NSC co-locations in Library. The Library, DON, ESD will work among themselves to resolve minor issues.

VII. Future Actions

Future MOA

It is understood that prior to the approval of the final design of each of the LFA projects that includes a NSC, the Library and DON will enter into a separate Memorandum of Agreement (MOA) concerning occupancy issues. These will likely include 1) arrangements for shared spaces such as meeting room(s), the lobby and restroom areas, 2) arrangements for the payment of shared operations costs such as utilities, janitorial, and other ongoing costs, and 3) terms of Neighborhood Service Center (NSC) occupancy. It is understood prior to the separate Memorandum of Agreement (MOA) that first priority for use of meeting room(s) will be given to the department paying for the capital costs of the space. The Library will have first priority for use of meeting room(s) contained within its space and the NSC will have first priority for the use of meeting room(s) contained within the NSC space in the co-located facility.

Future Occupancy

If, at any time before or after DON occupies the NSC space, any of that space will not be used for NSC purposes, it is understood that the Library will have first option to occupy the space. If the Library Board determines that the Library will not occupy that space, the Library's input will be given first priority in deciding future uses and, so long as a Library is maintained at the site, no use of the NSC space will occur that is incompatible with Library use of the remainder of the site. The NSC's capital development and operating costs associated with any change in occupancy will be addressed prior to determining future use of any vacated space.

Date: Date:
   
Deborah L. Jacobs, City Librarian
Seattle Public Library
Jim Diers, Director
Department of Neighborhoods
Date:  
   
Dwight Dively, Director
Executive Service Department
 

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Content modified: 10 November 20000

 

12/30/2005

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