THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE FAIRPORT PUBLIC LIBRARY WAS HELD ON TUESDAY, SEPTEMBER 17, 2013.

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1 THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE FAIRPORT PUBLIC LIBRARY WAS HELD ON TUESDAY, SEPTEMBER 17, PRESENT Mark Haefele Belinda O Brien Suzanne Stockman Beth White Jim Donahue OTHERS Betsy Gilbert Tori Reilly Lin Macholz Pat Rapp The meeting was called to order at 7:00 p.m. by Mark Haefele, President 30 MINUTE PUBLIC COMMENT PERIOD Richard Mikulec asked questions about the vehicle charging station in the Village Landing parking lot, financial records of non-residents, and e-rate. Al Gubiotti asked about the definition of scope in the proposed agreement with SWBR. PREVIOUS MINUTES A motion was made by Beth White and seconded by Jim Donahue to approve the minutes from the previous Board meeting (August 2013). Motion carried unanimously. TREASURER S REPORT A motion was made by Suzanne Stockman and seconded by Beth White to accept the Treasurer s Report for July Motion carried unanimously. DIRECTOR S REPORT Ms. Gilbert stated that the new class of high school pages has been trained, and the previous pages have left for college. The Scarecrow Festival will take place during Columbus Day weekend. The Friends will hold a fall book sale during this weekend, as they did last year. The annual Home for the Holidays event will take place in the village during the first weekend of December. The library will host its annual Local Author Book Fair on Saturday. The library hosted a successful blood drive for the Red Cross on the day after Labor Day. COMMITTEE REPORTS Budget Ms. White stated that the committee met on September 9. The committee was updated about this year s tax levy cap, as well as a slowing rate of growth for health care costs. Budgeting will be tighter than usual this year. Ms. White also stated that a deadline from the

2 school district regarding fund balance allocation adjustments is near, and this will be addressed under New Business. Facilities & Services Mr. Donahue will discuss this under New Business. Personnel No report. Long Range Plan No report. Fairport Library Council Ms. O Brien stated that planning for the Teen Book Festival is underway and there will be an event in October. NEW BUSINESS Surplus equipment Ms. Reilly stated that the library will be donating or recycling the equipment. A motion was made by Jim Donahue and seconded by Belinda O Brien to declare items surplus and subject to disposition. (See attachment.) Motion carried unanimously. SWBR Agreement Mr. Donahue stated that the agreement was reviewed by library attorneys today, and that there would be two minor modifications to the agreement. One item would be added back in under the Scope, and an additional item would be added under Deliverables. A motion was made by Jim Donahue and seconded by Belinda O Brien to authorize Betsy Gilbert to sign the with SWBR, with two modifications. Motion carried unanimously. (See attachment.) Fund Balance Allocation Adjustment A motion was made by Beth White and seconded by Jim Donahue to adopt a resolution reflecting the Fund Balance Allocation adjustment. (See attachment.) Motion carried unanimously. WARRANTS A motion was made by Jim Donahue and seconded by Beth White to accept the warrants as follows: $ 55, dated August 29, , dated September 12, 2013 Motion carried unanimously.

3 ADJOURNMENT A motion was made by Suzanne Stockman and seconded by Jim Donahue to adjourn at 7:34 p.m. Motion carried unanimously. Attachments: Treasurer s Report Surplus Equipment SWBR Agreement Fund Balance Allocation Pat Rapp, Clerk to the Board

4 Fairport Public Library Monthly Treasurer's Report For the period from: July 1, 2013 to July 31, 2013 Total cash balance as reported at the end of preceding period: $1,639, RECEIPTS DURING THE MONTH Source Fines Refunds Photocopies Gifts & Donations Interest Amount 11, , , Total Receipts TOTAL RECEIPTS AND BEGINNING BALANCE: 20, $1,660, DISBURSEMENTS FOR THE MONTH: CASH BALANCE' AS SHOWN BY RECORDS: $142, $1,517, 'INCLUDES: Checking Cash on Hand Certificates of Deposits Money Market Savings $174, $0.00 $1,343, Total $1,517, This is to certify that the above Cash Balance is in agreement with the Bank Statements as reconciled. w Fairport Central School District

5 Surplus items September 17, 2013 Item Purchase Date Original Cost PCs dc5800s MXL9170M9S July 2012 $ 110 MXL9170MDB July 2012 $ 110 MXL9170MB6 July 2012 $ 110 MXL9170M9K July 2012 $ 110 MXO9170M99 July 2012 $ 110 MXO9170M9R July 2012 $ 110 MXO9170M79 July 2012 $ 110 MXL9170MB0 July 2012 $ 110 MXM2401JS July 2011 $130 Monitors L1710 CNC847QXWF July 2012 Included in PC cost CNC847QXMM July 2012 Included in PC cost CNC847QXW2 July 2012 Included in PC cost CNC847QXMR July 2012 Included in PC cost CNC847QXVR July 2012 Included in PC cost CNC847QXWB July 2012 Included in PC cost CNC847QXMY July 2012 Included in PC cost CNC847QXJS July 2012 Included in PC cost ETLE10D July 2011 Included in PC cost Laptops SCNU02320RK July 2010 $1080 SCNU02322WT July 2010 $1080 Video cleaning machine RTI Tapecheck # $ 279 Panasonic VCR #E9SA22993 December 1999 $ 151 Disc cleaning machine EDR-ET August 2006 $ 2950

6 Client Name: Fairport Public Library Date: September 17, 2013 Contact: Betsy Gilbert Client Address: Phone: Billing Address: Project Name: Fairport Public Library Space Plan and Renovation Study 1 Fairport Village Landing, Fairport, NY Same Project Location: Fairport Village Landing SWBR Project No: Project Description The SWBR/Tappé/M/E Engineering team is well aware of the existing conditions of your facilities, and the challenges they present to offering the best services and programs to the community that the Fairport Public Library serves. Current space allocation for programs, staff and community spaces are stretched to the limit, and the existing technology infrastructure, aging interior finishes, acoustical issues, and other needed updates present significant obstacles to performing your mission. The overarching goal of this study and pre-referendum work is to develop a master plan for library upgrades and to prepare required supporting materials for the Spring 2014 public vote. This proposal is based on providing the services referenced in the RFP from the Fairport Public Library dated July 1, Scope of Work 1. Review existing documents including the 2013 existing condition study completed by SWBR; current Fairport Public Library Long Range Plan; the 2008 survey conducted by Zogby International; results from the 2008 Community focus groups; the 2005 SWBR library expansion feasibility study; the community survey; the 2004 LeChase building condition report, and the 2003 space study. 2. Lead and participate in two public meetings early on in the project to gather community input regarding services, programs, collections, and facilities desired for future development of the Fairport Public Library. 3. Develop recommendations for reorganizing and renovating the library s services and facilities based on input from the community and the Library s Board of Trustees and staff that will address the future goals priorities and objectives that were identified for satisfying needs and service levels. 4. Incorporate recommendations into preliminary conceptual designs, including floor plans indicating proposed room layouts with shelving and furniture indicated. 5. During concept development, meet with the Library s Facilities & Services Committee regularly (up to 5 meetings), including a start-up meeting, progress meetings, and for final approval of the draft Renovation Plan. We assume these meetings will typically take place in the afternoon and early evening. 6. Prepare detailed cost estimates to define both hard (construction and construction-related) costs and soft costs (professional consulting fees, furniture and equipment, and other non-construction expenses). 1 of 5

7 7. Present draft Renovation Plan will be presented to the Library Board of Trustees when complete, and also to the community at a third public meeting. The draft plan will be revised as necessary from feedback received before final presentation to the community for a public approval vote. 8. Perform other specific tasks and duties, and optional services, as directed or as separately negotiated. 9. Provide pre-bid documents. Deliverables Deliverables from the SWBR/Tappé/M/E Engineering team will include a preliminary library program for use in planning at this time, concept floor plan/layouts showing this program implemented in the target building, concept site plan showing relationships of the building to parking and entry points, and concept sketches to illustrate the look and feel for the inside and outside of the library. We will also provide agendas and produce minutes for meetings, including public presentations. Specifically, we will provide the Fairport Public Library with the following: One electronic copy in pdf format of the PowerPoint presentation for each aspect of the Project. Two complete sets of presentation boards which can be used in a public information campaign to inform the community of the Library s plans for a library renovation. The presentation boards will include two complete sets of color floor plans, furniture lay-outs, elevations, and perspective drawings of the renovated library. All plans will be clearly labeled to indicate that they are conceptual designs only. Monthly progress reports to the Facilities & Services Committee on predetermined dates. Fifteen hard copies and one electronic file in pdf format of the final draft Renovation Plan. Compensation Compensation for services outlined above will be a lump sum of $27,000, including consultants plus reimbursable expenses. The following rates shall apply (subject to annual review): Principal $190 Department Leader & Senior Staff $140 Project Manager $125 Project Architect $115 Senior Technical Staff $100 Technical Staff $75 Technical Assistant $70 Consultant budgets are as follows: SWBR Architects $10,000 Tappé Associates 14,000 M/E Engineering 3,000 Total $27,000 2 of 6

8 Consultants: The Architect's compensation for consultants shall be 1.0 times the consultant's invoice. Reimbursable Expenses Reimbursable expenses should be budgeted at $4,000 in addition to the above fees. Reimbursable expenses include photocopies, prints, travel, overnight accommodations, deliveries, photography, outside consultants (not included in Basic Services), renderings, models, and any additional insurance you request and will be billed at our cost. Reimbursable expenses shall include applicable state and local sales tax required by law at the time of billing. Conditions of Payment Invoices/Payments: Invoices shall be monthly. All payments are due within thirty (30) days of the invoice date. Failure to pay within this time may result in interest charges and the Architect stopping the work upon notice to the Client. Interest: Interest at the rate of 1% per month will be added to accounts unpaid after ninety (90) days from date of invoice. If legal services are used to collect outstanding invoices, all costs including attorney's fees will be paid by the Client. Termination & Suspension This agreement may be terminated by either party upon seven (7) days written notice should the other party fail to perform these agreed terms. The failure to make payments when due hereunder is a material failure to perform. In the event that this project is terminated or suspended by the Client more than ninety (90) days due to circumstances beyond SWBR s control, SWBR reserves the right to re-negotiate the balance of compensation to reflect current personnel salary expense and project re-start costs. The Client may terminate this Agreement upon not less than seven days written notice to the Architect for the Client s convenience and without cause. In the event of termination not the fault of the Architect, the Architect shall be compensated for services properly performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in the next sentence. Termination Expenses are in addition to compensation for the Architect s services and include expenses directly attributable to termination for which the Architect is not otherwise compensated. They shall include only those reasonable, actual expenses which are directly attributable to termination which have been fully substantiated by the Architect, and which have been approved by the Client. They shall not include lost profit or unabsorbed overhead. 3 of 6

9 As an offer to provide professional services, this document is valid for thirty (30) days from the date of signature by SWBR s representative. It becomes the agreement between the parties upon execution by the Client. Ownership of Documents 1. Without payment of additional compensation to the Architect, the Instruments of Service, including all Drawings, Specifications, Record Drawings and other documents prepared by the Architect for this Project, shall become the Client s property upon completion, cancellation, suspension or termination of the Work or this Agreement and upon payment of all sums due to the Architect for work properly performed. Reproducible copies of the original documents, including copies of structural and mechanical calculations, if any, shall be turned over to the Client at that time. Documents originally prepared on CAD systems shall be turned over to the Client in CAD format and in a PDF file. 2. Reuse of any of these documents by the Client to complete, repair or extend the Project shall be at Client s risk and Client shall, to the fullest extent permitted by law, release, hold harmless, indemnify and defend Architect and its consultants, using counsel satisfactory to Architect, from and against all claims, liabilities, losses, damages, judgments, awards, and costs including, but not limited to, court costs and reasonable attorneys' fees, arising from, related to, or in any manner in connection with such use of the Instruments of Service by other design professionals or by anyone other than the Architect or its consultants. The Architect shall be permitted to retain copies, including reproducible copies, of any or all documents for such use as it may require, except that use of any document without substantial modification shall be attributed to the Client and shall have Client s prior written consent. Use by the Architect shall be at its own risk. 3. To the extent that the Client has paid for the Architect s services under this Agreement, the Architect hereby grants to the Client a non-exclusive, perpetual, royalty-free license to the design of the Project. Client may make any changes, additions, and deletions to the Project design, in whole or in part, including, without limitation, destruction of any tangible portion of the design, all without further permission or consent of the Architect, although the Architect shall not be liable to the Client or any third party as a result of any such changes, additions, or deletions. Client agrees to indemnify, defend and hold harmless Architect from and against any damages, losses, costs or expenses (including reasonable attorneys fees) arising out of the reuse by Client of the design documents. Dispute Resolution The parties agree that prior to commencing a lawsuit against the other party with respect to any claim arising out of this Agreement, they will submit the issues in dispute to a mutually acceptable mediator for the purpose of seeking to resolve the dispute. If the attempt to mediate a settlement is not successful, either party may thereafter resort to litigation. Indemnification To the fullest extent permissible by law, the Architect shall indemnify and hold the Client and its officers, directors, agents and employees (collectively, the Indemnitees ) harmless from and against any and all liabilities, losses, costs, damages 4 of 6

10 (including reasonable attorneys fees) without limitation, including bodily injury to persons (including death) or damage to property, delays or expenses, whether incurred as the result of a third-party claim or a claim by the Client to enforce its rights hereunder to the extent arising out of, caused by or resulting from the negligent acts, errors or omissions of the Architect, its partners, agents or employees, except to the extent caused by the negligence of the Client or another Indemnitee. Estimates Since SWBR has no control over the cost of labor, materials or equipment, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, SWBR's opinion of probable construction cost provided for herein are to be made on the basis of SWBR's experience and qualification. These opinions represent SWBR's judgment as a design professional familiar with the construction industry. However, SWBR cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by him. If the Client wishes greater assurance as to the construction cost, he shall employ an independent cost estimator. Insurance We are protected by Workman's Compensation, Professional Liability, and Standard Public Liability Insurance. We will furnish copies of insurance certificates at your request. The purchase of additional insurance or being named as additional insured is considered a reimbursable expense. Fees Required from Jurisdictional Agencies SWBR is not responsible for, nor does the Compensation Schedule established in the Agreement include, fees or payments required by jurisdictional agencies. The Client agrees to pay all application, entrance, recording and/or service fees required by said agencies. SWBR shall assist the Client in applying for and obtaining permits and approvals normally required by law. This assistance shall not extend, however, to the preparation of research studies, special documentation or special tests, which services shall be compensated for as Additional Services. Successors & Assigns The Client and SWBR each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither the Client nor SWBR shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Exhibits This Agreement incorporates the following documents listed below: Exhibit A Draft Project Milestone Schedule dated September 6, 2013 Exhibit B Certificates of Insurance 5 of 6

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12 Please return a signed copy of this document. This will indicate your acceptance of the conditions herein and authorizes SWBR to proceed with the work. This document will serve as our only agreement. Fairport Public Library SWBR Architecture, Engineering & Landscape Architecture, P.C. By: Betsy Gilbert By: David J. Beinetti, AIA, LEED AP BD+C Title: Director Title: Principal Date: Date: 7 of 6

13 Proposed Fund Balance Allocations September 17, 2013 Resolution: To adopt revised Fund Balance Allocations as recommended by the Budget Committee on this date. FUND BALANCE ALLOCATIONS GENERAL FUND Assigned for: Adopted July 2013 Proposed Capital 250, ,000 EE Separations 200, ,000 Private Donations Received for Library Enrichment 80,000 84,593 Space Planning 40,000 Renovation Project 70,000 Repairs & Replacement 50,000 50,000 Cash Flow 860, ,000 Unassigned 100,000 64,390 TOTAL FUND BALANCE 1,580,000 1,628,983