Loading...
HomeMy WebLinkAboutMINUTES - 12092003 - C58 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 9 , 2003 by the following vote: AYES: Supervisors Gioia, Uilkema, Greenberg) Glover and DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 03/ 769 SUBJECT: Operation of Library Service in a new San Ramon Library WHEREAS, the City of San Ramon is applying for California' Reading and Literacy Improvement and Public Library Construction and Revenue Bond Act of 2000 funds, and WHEREAS, the grant application requires that if the completed facility will be operated by a jurisdiction other than the applicant, the application must include a resolution from the governing body of the operating jurisdiction a resolution certifying a commitment to operate the completed facility and provide direct public service, and WHEREAS, Contra Costa County currently operates the San Ramon Library and the City of San Ramon wants the County to operate the new library, NOW, THEREFORE, this Board RESOLVES that: Contra Costa County agrees to operate the completed facility proposed in the San Ramon application and to provide public library direct service. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Wark De aulnier, Chair, Board of Supervisors ATTEST: TEST: John Sweeten, Clerk oethe Board of Supervisors and County Administrator By: Deputy Orig. Dept.: County Library cc: County Auditor County Administrator County Counsel RESOLUTION 2003/769 o:kbos\reso san ramon prop. 14 application.doc Contra TO: BOARD OF SUPERVISORSCosta FROM: Anne Cain County Librarian • •w DATE: December 9, 2003 County SUBJECT: Approve and Authorize the County's Participation in the Library Bond Act Applications For a New Library in San Ramon SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Adopt Resolutionjibshivy certifying a commitment to operate the completed San Ramon Library and provide public library direct services. Authorize the County Administrator or Designee to sign and execute an agreement with the San Ramon Valley Unified School District and the City of San Ramon to provide a homework center with specialized resources and a tutoring program, a career center, targeted collections, online resources and programs that support the history curricula for K—8 students, programs, exhibits and specialized collections that support diversity and tolerance training, and other joint venture services and programs that serve public library users as well as students and parents. Authorize the County Administrator or Designee to sign and execute a Library Use, Operations and Maintenance agreement between the City of San Ramon and Contra Costa County for the proposed new San Ramon Library. Authorize the County Librarian to sign the application submitted by the City of San Ramon as the administrative agent for the jurisdiction operating the library. Authorize the County Librarian to submit a plan of service for the San Ramon Library. This is a required element of the Bond Act regulations. FINANCIAL IMPACT The operating agreement with the City of San Ramon specifies that the County will provide the personnel costs, services, books, supplies and materials to operate the new library at a level not less than nor more than that generally provided at Other branch libraries with County funds. These funds are included in the library's budget. The City desires a higher level of service, and contracts with the County for such increased level of service. CONTINUED ON ATTACHMENT: X YES SIGNATURE: E]'�RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE E�-A'PPROVE ❑ OTHER T- SIGNATURE(S): AC ,ION OF BO 10, N ` ' APPROVED AS RECOMMENDED OTHER F11 VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE UNANIMOUS(ABSENT 12,-eiXV, MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: ATTESTED Contact: Anne Cain,County Librarian(925)645-6423 JOHN SWEETEN,CLERK OF THE BOARD OF SC 1PFRVISORS AND COUNTY ADMINISTRATOR cc: County Library County Administrator By: Deputy County Auditor Approve and Authorize the County's Participation in the Library Bond Act Applications For a New Library in San Ramon December 9, 2003 Page 2 BACKGROUND California Reading and Literacy Improvement and Public Library Construction Bond Act The California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 was created by the passage of Proposition 14, a statewide bond measure approved by the voters of the State of California on March 7, 2000. The Bond Act authorized the sale of$350 million of state general obligation bonds for the purpose of public library construction and renovation. Application Cycles Applications will be accepted in three cycles: First Cycle.- June 14, 2002: The cities of Hercules and Walnut Creek submitted applications in the first round. The City of Hercules was awarded funding on December 2, 2002. Second Cycle: March 28, 2003: The City of Antioch submitted an application for a new library in Antioch and the City of Walnut Creek submitted a revised application. Your Board approved both on February 25, 2003. Third Cycle: January 16, 2004: The cities of Antioch and Walnut Creek are revising their application for submission in the third cycle. The cities of Lafayette and San Ramon are working on applications for the third cycle. Your Board approved the Lafayette project on November 4, 2003. The applications for San Ramon, Antioch, and Walnut Creek are before you today. County Role This Board Order requests approval for those requirements of the application process that are the responsibility of the County Library. 1. Library Director Signature The application requires the signature of elected official of the applicant jurisdiction. Further, the Library Director of the operating library jurisdiction is required to sign that 1 hereby affirm that the library jurisdiction, for which I am the administrative agent, approves of the application and will operate the facility as a public library after its completion'. 2. Resolution Committing to Operate the Library Any city, county, city and county, or district that is authorized at the time of the project application to own and maintain a public library facility may apply for Library Bond Act funding. When a city is part of a county library, either the city or the county can be the applicant. The Board's long-standing policy is that it is the local community's responsibility to provide the library facility, so the cities will be the applicant. However, if the City is the applicant, there must be an accompanying commitment from the County to operate the building as a public library once construction is complete. If the completed public library will be operated by a jurisdiction other than the applicant, the applicant (the city) must obtain from the operating jurisdiction (the county) a copy of a resolution of its governing body that certifies a commitment to operate the completed facility and provide public library direct service and submit the copy with the Application Form. A library facility constructed with grant funds received must be dedicated to public library direct service use for a period of 40 years following completion of the project. 3. Library Operating Budget Because the competition for funds will be keen, the Bond Act Board is requesting information in the application that will assist them in making an informed and fair decision about the proposed project based on the priorities and "review considerations"stated in the Library Bond Act. There are seven "factors"which the Library Bond Act Board will consider while reviewing applications: • Needs of urban and rural areas. • Population growth. • Age and condition of the existing library facility. • The degree to which the existing library facility is inadequate in meeting the needs of the residents in the library service area and the degree to which the proposed project responds to the needs of those residents. • The degree to which the library's plan of service integrates appropriate electronic technologies into the 0AB0S\TEMPLATE\REGULAR\propl4 application approval cycle 3-SR.doc Approve and Authorize the County's Participation in the Library Bond Act Applications For a New Library in San Ramon December 9, 2003 Page 3 proposed project. • The degree to which the proposed site is appropriate for the proposed project and its intended uses. • The financial capacity of the local agency submitting the application to open and maintain operation of the proposed library for applications for the construction of new public libraries. The Bond Act Board will consider the financial capacity of the local Jurisdiction to operate the library. In order for the application to be competitive, the Board must be assured that the facility will be operated at a reasonable level. Library staff has worked with the City of San Ramon to develop both start-up expenses and annual operating expenses for new library. The projected operating budget must be submitted as pad of the application package. The operating agreement with the City of San Ramon specifies that the County will provide the personnel costs, services, books, supplies and materials to operate the new library at a level not less than nor more than that generally provided at other branch libraries. 4. Cooperative Agreement with School Districts First priority for funding will be given to joint use projects in which the agency that operates the library and one or more K-12 public school districts have a cooperative agreement. The library has worked with the San Ramon Valley Unified School District and the City of San Ramon to develop joint venture projects in order to qualify as a first priority project. Applicants with joint use projects must submit a copy of the cooperative agreement between the public library and the public school district(s) that includes the following elements: • A definition of the roles and responsibilities of each party with respect to funding, staffing, supervision, operation, management, and others as applicable. • A description of the joint library services and how they will be provided. • The library hours of service for the public and for students. • The number and classifications of staff members. • The use of volunteers, if any. • Identification of the location of the proposed joint use project. • Ownership of the site, facility, furnishings, equipment, and library materials. • All sources and uses of funding. • Responsibility for facility operation, maintenance, and management. • Review and modification process for the conditions of the agreement. • Field Act applicability to the project: • A statement that the project will or will not be subject to the Field Act. • The rationale for the determination regarding the Field Act applicability. • A 20-year commitment to providing joint use library services consistent with the intent of the cooperative agreement. • Acknowledgment and incorporation of Education Code section 19999 and section 20440 (e) (3) (G) of these regulations which requires the provision of public library direct services for 40 years. 5. Library Plan of Service Applicants must submit a Library Plan of Service that describes how the needs of the residents in the library service area, as identified through a Community Library Needs Assessment, will be met by the proposed project. The Library Plan of Service shall include the following elements: • Executive Summary • Mission statement • Goals and objectives • Types of services to be offered • Joint venture projects - how the project's Library Plan of Service will meet the needs of the K-12 student population identified for this project. • Jurisdiction-wide service • Technology— how the library will integrate appropriate electronic technologies. 0AB0S\TENVLATE\REGULAR\propl4 application approval cycle 3-SR.doc DRAFT A JOINT VENTURE COOPERATIVE AGREEMENT FOR THE SAN RAMON CIVIC CENTER LIBRARY 1. Parties and Purpose: This Joint Venture Cooperative Agreement for the San Ramon Civic Center Library ("Agreement") is entered into as of the day of io 2003 by and between the Contra Costa County Library,the City of San Ramon, and the San Ramon Valley Unified School District(sometimes referred to herein as"Parties"). Effective with the receipt of funding from the State of California Library Bond Act,the Contra Costa County Library,the City of San Ramon, and the San Ramon Valley Unified School District agree to develop and operate the following in the San Ramon Civic Center Library,jointly serving both public library users and K-12 students for a period of twenty years: A Homework Center with specialized resource collections and a tutoring program that supports the curriculum and homework help needs of K-12 students A Career Center with specialized print,media-based, and online resource collections that focus on vocational education and support the curriculum needs of high school students enrolled in Regional Occupation Programs Targeted collections, online resources, and programs that support and enrich the Early California History, San Ramon Valley Local History and World History curricula for K-8 students Programs, exhibits, and a specialized resource collection that supports the San Ramon Valley Unified School District's commitment to provide ongoing diversity and tolerance training for K-12 students, parents, and teachers 2. Roles and Responsibilities: The Contra Costa County Library will operate the library and provide staff training, professional development, ongoing collection development, long-range planning, and implementation of the Library Plan of Service. Library staff will provide supervision, operation and management of the Homework Center and the Career Center. The City of San Ramon will provide a Volunteer Coordinator to recruit and train adult and student volunteers as tutors for middle school and high school students. City staff will participate in the annual planning and review process for the joint venture library services. 11/25/2003 9:15 AM I of 9 DRAFT San Ramon Valley Unified School District staff will participate in the development of programs and services that support the homework help, curriculum support and vocational education needs of students in grades K-12. District staff will also participate in the development of programs and services that support diversity and tolerance education for students, parents, and teachers. District staff will participate in the annual planning and review process for the joint venture library services. 3. Joint Venture Library Services: The joint venture library services consist of a Homework Center, a Career Center and a Technology Lab. a result of the needs assessment process with the San Ramon community, including the administrators,teachers, students, and parents of the San Ramon Valley Unified School District. Homework Center The Homework Center at the Civic Center Library will provide services to meet the homework help and tutoring needs of San Ramon Valley Unified School District middle school and high school students, including those enrolled in independent study and alternative education programs. The Civic Center Library will also include a Technology Lab and group study rooms for use in the provision of these services. • The Homework Center will be open for student use Monday through Friday, from 3:00 p.m. to 9:00 p.m., Saturdays from 10:00 a.m. to 6:00 p.m., Sundays from 1:00 p.m. to 5:00 p.m. and all open hours during vacations and school closures. The Homework Center will also be available for class visits during school hours. • The City of San Ramon's Volunteer Coordinator will recruit and train members of the community to provide homework help in the Homework Center and to serve as volunteer tutors for middle school and high school students. The Volunteer Coordinator will organize students and tutors for one-on-one or group tutoring sessions. • The Civic Center Library will provide opportunities for San Ramon Valley Unified School District high school students to satisfy school service requirements through volunteer work as a tutor with the Library. High school students may serve as tutors for middle school students or as peer tutors for other high school students. Library staff will work with District staff to identify and recruit potential volunteers. • Contra Costa County Library will provide specialized print and electronic resource 16 collections responsive to curriculum needs,, including materials jointly selected by the Library and San Ramon Valley Unified School District professional development staff for teacher enrichment. • Civic Center Library staff will provide middle school and high school students with appropriate support tools, such as bibliographies, Web site lists, and pathfinders. 11/25/2003 9:15 AM 2 of 9 DRAFT • The San Ramon Valley Unified School District will coordinate the ongoing acquisition of new middle school and high school textbooks to maintain the currency of the Library's established collection. These textbooks will be housed in the Homework Center and available for student use in the Library. • At the beginning of each school year, Civic Center Library staff and San Ramon Valley Unified School District professional development staff will jointly plan and hold an open house at the Library to introduce K-12 teachers to Library services and resources. The Library will also issue institutional library cards to District teachers. • Civic Center Library staff will attend San Ramon Valley Unified School District teacher meetings held in September to ascertain the needs of teachers and to introduce Library services and resources. • Civic Center Library staff and San Ramon Valley Unified School District teachers will schedule library tours to introduce students to the public library and Civic Center Library staff will provide classroom visits in the schools to promote library services and activities. • Civic Center Library staff will attend quarterly San Ramon Valley Unified School District staff meetings for updates on curricula and training opportunities. • The San Ramon Valley Unified School District will rotate faculty, leadership, and other community meetings through the Civic Center Library to facilitate collaboration and joint planning between the two organizations and to share training opportunities. • The San Ramon Valley Unified School District will link to the Contra Costa County Library web site from their library and classroom computers and from the District's Community web page. • The Civic Center Library will offer computer literacy workshops and instructional activities for San Ramon Valley Unified School District students and teachers,to include: Introduction to the Library's web site and its many online resources How to search the Internet and identify legitimate web sites for student research How to use application software, such as Word, Excel,Access and PowerPoint How to study for the SATs and other test taking strategies • Civic Center Library staff and San Ramon Valley Unified School District staff will develop a homework alert procedure that enables Library staff to quickly respond to school assignment needs by creating temporary reserve collections and increasing the availability of circulating resources. • The San Ramon Valley Unified School District will supply the Civic Center Library with accelerated reading lists and other California or District-generated reading lists for collection development purposes. Career Center 11/25/2003 9:15 AM 3 of 9 DRAFT The Civic Center Library Career Center will provide resources and services to meet the career exploration needs of high school students. Activities to support the needs of vocational education and Regional Occupational Program(ROP) students will be emphasized,to supplement the resources and services provided for college-bound students through San Ramon Valley Unified School District Career Centers. • The Civic Center Library will provide a resource collection that includes material on occupations and job market analysis, career interest and ability surveys,, non- traditional careers,job search strategies,resume preparation, interview skills,work laws, and other relevant topics in a variety of formats. • Civic Center Library staff will coordinate with San Ramon Valley Unified School District staff to select and display the work of ROP students. • The Civic Center Library will exhibit the winning projects of the annual San Ramon Business and Education Round Table Contest. • Civic Center Library staff will work with local businesses to create career-of-the- month displays in the Career Center to foster career exploration. • Civic Center Library staff and San Ramon Valley Unified School District Career Center Coordinators will work with local businesses to develop internship and work experience opportunities for high school students. • The Civic Center Library will collaborate with the Chamber of Commerce, local businesses and community organizations to offer seminars and programs on job skills, professional dress, interview techniques,basic business skills, career opportunities and other relevant topics. History Curriculum Support The Civic Center Library will provide an enhanced collection of resources in a variety of formats to support the history curriculum needs of K-8 students. The History Curriculum Support collection will include books, maps, documents,photos,primary source material and artifacts. Related exhibits and displays will be coordinated with school assignment schedules. • The Civic Center Library will provide a resource collection for students and teachers to support the San Ramon Valley Local History curriculum for third grade students. The collection will include exhibit information and resources from the Museum of the San Ramon Valley. Materials to supplement the living history programs at the Tassajara Schoolhouse and Forest Home Farms will also be included. • The Civic Center Library will provide a resource collection for San Ramon Valley Unified School District students and teachers to support the Early California History curriculum for third and fourth grade students. Materials will include information on explorers,Native Americans, California Missions, and the Gold Rush. • The Civic Center Library will provide a resource collection for San Ramon Valley Unified School District students and teachers to support the World History curricula 11/25/2003 9-15 AM 4 of 9 DRAFT' for middle school students. The collection will emphasize materials on the Renaissance and the Middle Ages. Titles on the District's core novel list for this topic will also be included. • Civic Center Library staff will collaborate with the Museum of the San Ramon Valley and other local history organizations to create relevant exhibits and displays in the Library. • Civic Center Library, San Ramon Valley Unified School District and Museum of the San Ramon Valley staff will collaborate on the creation of a San Ramon Valley Local History curriculum for third grade students. This project will include the production of resource material for use by teachers and students. Copies of this material will be incorporated into the Civic Center Library's collection. Diversity and Tolerance Curriculum Support The Civic Center Library will provide resources and services for students and teachers to support the San Ramon Valley Unified School District curriculum for teaching diversity and tolerance through literature for K-12 students. • The Civic Center Library will provide a resource collection that includes the core literature titles for each grade level,recommended titles that support core topics,, materials on other countries and cultures, and multicultural materials in a variety of formats. • The Civic Center Library and San Ramon Valley Unified School District will coordinate the engagement of speakers, musicians, storytellers, and other multicultural performances to offer multiple presentations for students and their families. • The Civic Center Library and San Ramon Valley Unified School District will coordinate exhibits, including professional and student artwork, and hands-on displays of multicultural artifacts. • Student essays,written as part of the diversity and tolerance curriculum, will be available for members of the community to read through displays or formal additions to the Civic Center Library collection. • The San Ramon Valley Unified School District will invite Library staff to participate in a minimum of six Diversity and Tolerance training opportunities per year. • The Civic Center Library will host the annual exhibit of Growing Up Asian in America contest winners. • The Civic Center Library will conduct an annual International Storytelling Festival, a series of family programs that feature storytellers from different cultures. 11/25/2003 9:15 AM 5 of 9 DRAFT zoo� S" 4. Hours of Service: The Civic Center Library will be open for the public and for students 64 hours per week, seven days per week. The schedule is as follows: Monday 10-9 Tuesday 10-9 Wednesday 10-9 Thursday 10-9 Friday 10-6 Saturday 10-6 Sunday 1-5 5. San Ramon Civic Center Library Staff: The Contra Costa County Library shall employ the following staff members for the San Ramon Civic Center Library: Senior Branch Librarian 1.0 FTE Lead Librarian 1.0 FTE Adult Services Librarian 1.0 FTE Business Services Librarian 0.5 FTE Teen Services Librarian 1.0 FTE Youth Services Librarians 1.5 FTE Teen Services Library Assistant 1.0 FTE Youth Services Library Assistant 1.0 FTE Library Assistants 2.0 FTE Information Systems Specialist 1.0 FTE Administrative Clerk 0.5 FTE Volunteer Coordinator 0.5 FTE Senior Clerk 1.0 FTE Clerks 2.5 FTE Library Student Assistants (13 5 hours) 6. The use of volunteers: The Contra Costa County Library,the City of San Ramon, and the San Ramon Valley Unified School District will collaborate to identify appropriate student and adult volunteers to provide homework and tutoring assistance for K-12 students. Contra Costa County Library has a Volunteer Coordinator who actively solicits volunteers for all branch libraries of the Library. The Contra Costa County Library Volunteer Coordinator will work with the Civic Center Library Volunteer Coordinator,the City of San Ramon Parks& Community Services staff, and San Ramon Valley Unified School District staff to develop a volunteer recruitment plan and training program. Contra Costa County Library ranks first out of 37 San Francisco Bay Area libraries in its use of volunteers to support library programs and services. Examples of potential volunteers include high school 11/25/2003 9:15 AM 6 of 9 DRAFT • students with community service goals, community college students, graduate library school interns,retired teachers, seniors, and other adults. 7. Location of the Joint Venture Project: The joint venture project will be housed at the Civic Center Library that will be located on Bollinger Canyon Road in San Ramon, California. 8. Ownership of the site,facility, furnishings, equipment, and library materials: The Civic Center Library site and facility will be owned by the City of San Ramon and operated by the Contra Costa County Library. Furnishings and equipment will be owned by the City of San Ramon and the collection will be owned by Contra Costa County Library. 9. All sources and uses of funding: Libra Salaries and benefits for Youth Services Librarian, estimated at $ Salaries and benefits for Teen Services Librarian, estimated at$ City of San Ramon Salary and benefits for Volunteer Coordinator, estimated at $ San Ramon Valley Unified School District Salaries and benefits for San Ramon Valley Unified School District staff., estimated at $5,,421 Training of Civic Center Library staff, estimated at$1,200 10. Library Operation,Maintenance and Management: Effective with the receipt of funding from the State Library Construction and Renovation Bond Act of 2000, the Contra Costa County Library agrees to operate the Civic Center Library and will develop an Agreement with the City of San Ramon. The City of San Ramon will maintain and manage the Civic Center Library facility. 11. Review and Modification Process for Agreement: The Contra Costa County Library,the City of San Ramon, and the San Ramon Valley Unified School District will meet annually to review the goals and objectives of this Agreement, evaluate the joint venture programs and submit a report to the governing bodies of all Parties. Amendments to the Agreement will require written approval by the governing bodies of all Parties. Library and School District staff involved in delivering programs and services of this Agreement directly to K-12 students will meet quarterly, or as needed,,to review and modify activities. 11/25/2003 9:15 AM 7 of 9 DRAFT 12. Field Act Applicability to the Project: a. The Civic Center Library will not be subject to the Field Act. b. No San Ramon Valley Unified School District class larger than 24 will ever be required to attend a program or activity in the Civic Center Library as a consequence of this Agreement. 13. Term of the Agreement: This Agreement becomes effective immediately upon the completion of the execution of this Agreement by all the Parties and with the receipt of funding from the State of California Library Bond Act. This Agreement shall commence a 20-year commitment to provide joint use library services consistent with the intent of this Agreement and will terminate 20 years from the opening date of the San Ramon Civic Center Library. The Parties may extend the term of this Agreement through written agreement. 14. Provision of Public Library Direct Services: The City of San Ramon agrees and Contra Costa County acknowledges the provisions of the California Education Code section 19999 and 20440 (e) (3) (G) which require that the facility be dedicated to public library direct service use for 40 years, following completion of the project regardless of any operating agreements the City may have with other jurisdictions or Parties. Each governing body has approved these provisions, as appropriate, as documented in the attached resolutions. 15. Indemnification: Each Party shall defend, indemnify, save, and hold harmless the other Parties, their agents, and employees, against any and all claims, demands, suits, costs, expenses, and liability for any damages, injury, sickness, or death arising directly or indirectly from, or in any way connected with,,work or services performed under this Agreement by that Party and shall reimburse the other Parties for any expenditures, including reasonable attorney's fees and other costs and expenses they may make by reason of such matters. This section shall survive any termination of this Agreement. 16.No Third-Party Beneficiaries: Nothing in this Agreement,, express or implied, is intended to confer on any person, other than the Parties to this Agreement and their respective successors, any rights or remedies under or by reason of this Agreement. 17. Successors-in-Interest: This Agreement shall be binding on any successors-in-interest of any of the Parties. 11/25/2003 9:15 AM 8 of 9 DRAFT 18. Entire Agreement: This Agreement contains all the terms agreed to by the Parties on the subject matter of this Agreement. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date(s) indicated below: Contra Costa County Library. By• Date: Anne Cain, County Librarian City of San Ramon: By: Date: Mayor San Ramon Valley Unified School District: By: Date: Superintendent Attest: By: Date: County Clerk Approved As To Legal Form: By: Date: County Counsel 11/25/2003 9:15 AM 9 of 9 ` {* ? Sti �f A LIBRARY USE,, OPERATIONS AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF SAN RAMON AND CONTRA COSTA COUNTY FOR THE PROPOSED SAN RAMON LIBRARY This Agreement("Agreement") is made and entered into this day of 92003 by and between the City of San Ramon("City"), a municipal corporation, and Contra Costa County("County"), a political subdivision of the State of California. RECITALS A. The City and County are parties to that certain agreement dated October 3, 1989 pursuant to which the County has operated the San Ramon library in a building owned by the City. B. The County and City agree the existing building is outdated and inadequate for the current and future library needs of the area served by this library. C. The City intends to apply for funding under the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 (the Act). The funding would be used to construct a new San Ramon library(the New Library)in the City Center. D. The City and County desire to set forth their agreement on how the New Library will be maintained and operated for at least 40 years after the opening of the New Library. AGREEMENT 1. Tenn. This Agreement shall become effective immediately upon and shall continue for a term of 40 years from the opening of the New Library. Should City not receive a grant under the Act on or before December 31, 2004,this Agreement shall terminate on December 31, 2004. 2. Lease of the New Library. City agrees that it will enter into a lease for the New Library to the County for a term of not less than 40 years from the opening of the New Library. 3. Operations and Maintenance of the New Library. County agrees during the term of the lease to provide the personnel, services, books, supplies and materials to operate the New Library at a level agreed to by City and County, but in no instance at a service level less nor more than that generally provided at other branch libraries in the County library system. To the extent that City desires a higher level of service than the general level, City will contract with County and pay for such increased level of service. 0AForms\C0NTRACT\AGREEMEN\San Ramon.doc 4. School-oriented Programs. City and County agree that the school-oriented programs that are described the that certain agreement between the County and the San Ramon Valley School District,which is attached hereto as Exhibit 1, shall be conducted at the New Library for a minimum of 20 years from the opening date of the New Library. 5. Contingent Operation of the New Liber. Should for any reason the County and City terminate the lease of the New Library during the term of this Agreement, or fail to enter into a lease for the New Library, the City agrees it shall maintain and operate'the New Library as a public library for the term of this Agreement. 6. Incorporation of State Law. Education Code section 19999 and section 20440(e)(3)(G) of Title 5 of the California Code of Regulations, which require the New Library to be used to provide public library direct services for 40 years are hereby incorporated by reference as though fully set forth. 7. Legal Relations and Responsibilities. It is understood and agreed that neither County nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated to City under this Agreement. It is understood and agreed that pursuant to Government Code Section 895.4 City shall defend, indemnify and save harmless County, and all County officers and employees from all claims, suits or action of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated to City under this Agreement. It is understood and agreed that neither City nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by County under or in connection with any work, authority or jurisdiction not delegated to City under this Agreement. It is understood and agreed that,pursuant to Government Code Section 895.4 County shall defend, indemnify and save harmless City, and all City officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by County under or in connection with any work, authority or jurisdiction delegated to County under this Agreement. 8. Notices. All notices required or provided for under this Agreement shall be in writing and either: (i) delivered in person and sent by facsimile or(ii) sent by certified mail,postage prepaid, return receipt requested and by facsimile. Notice shall be deemed effective on actual receipt or upon refusal of delivery. Notices shall be delivered or mailed to the other party as indicated below: Notice to the City: City Manager City of San Ramon 0:\Forms\CONTRACI['\AGREEMEN\San Ramon.doc 2 �7- 2222 Camino Ramon San Ramon,, CA 9458-3 Facsimile: (925)275-0650 Notice to County: Contra Costa County Librarian 1750 Oak Park Boulevard Pleasant Hill, CA 94523 Facsimile: (925) 646-6461 The address or facsimile number of any party or person herein designated to receive notices may be changed by delivering or mailing and faxing notice of such new address or facsimile number to other parties in the manner specified for the gl*vl*njz of notice. 9. Time is of the Essence. Time is of the essence for this Agreement. Each time period specified herein for performance of any obligation or the accrual of any right forms a material part of the consideration for the execution of this Agreement. 10. 'Covenant of Good Faith and Fair Dealing. City and County agree that each of them shall at all times act in good faith in order to carry out the terms of this Agreement and shall do nothing contrary to or to avoid the spirit and intent of this Agreement. 11. Entire Agreement. This Agreement constitutes the entire Agreement between the City on the one side and the County on the other with respect to the subject matter of this Agreement. This Agreement is specifically intended by the parties to supersede all prior negotiations and agreements between the City on the one side and the County on the other. 12. Amendments, This Agreement may only be amended by a written instrument signed by both of the parties hereto. 13. 'Rules of Interpretation. This Agreement and each of its provisions shall be deemed to be jointly prepared by the parties hereto, and no party shall claim the benefit of any rule of interpretation of this State, whether by statute or otherwise, which would cause ambiguities in this Agreement or any of its provisions to be interpreted against the party who drafted it or whose attorney drafted it. 14. Headings. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe,, interpret, expand or limit the terms or provisions of the Agreement. 15. ,Waiver of Breach; Notice of Alleged Breach. The waiver by one party hereto of a breach of any term or condition of this Agreement by another party shall not be deemed a waiver of any subsequent breach of the same or other term or condition of this Agreement, with any subsequent breach by any party being independent of any other breach which may have occurred prior thereto. Any party claiming that another party is in breach of this Agreement 0A1Forms\C0NTRACTAGREENffiN\San Ramon.doc 3 shall provide notice of the alleged breach in the manner required hereinabove in Section 11. The party alleged to be in breach shall have thirty(3 0) days to cure the breach unless a different time period is specified in this Agreement for the particular act or breach. 16. Governing Laws., Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The parties hereby stipulate that any court of competent jurisdiction located within Contra Costa County,, State of California shall be the proper court in which to commence an action to enforce the terms of this Agreement. 17. No Third Party Beneficiary; Defense of Agreement. This Agreement is intended solely for the benefit of the parties hereto and shall not be construed to create any rights for any other person or entity. If any third party brings a legal action or proceeding against any party to this Agreement in order to attack, set aside, void or annul this Agreement or any of its terms or provisions,then the parties shall join and cooperate fully in the defense of such action. 18. Partial Invalidity and Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, then the remaining provisions shall nonetheless continue in full force and effect,without being impaired or invalidated in any way, with such invalid, void or unenforceable provision being severable from the remainder of this Agreement. 19. Successors and Assigns; Restrictions on Transfer and Assignment. This Agreement shall inure to the benefit of and bind the successors and assigns of the Parties. All terms and provisions of this Agreement are fully enforceable by and against such successors and assigns. 20. 'Warranty of Capacity to Execute. Each party warrants that the undersigned has or have the capacity and authority to sign this Agreement on their or its behalf. Specifically,the Board of Supervisors has authorized its County Administrator or Designee to sign this Agreement on behalf of the County and the City Council has authorized its City Manager or Designee to sign this Agreement on behalf of the City. 21. Original Counterparts. This Agreement shall be executed in three (3) original counterparts, each of which shall be deemed an original, but all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF,the parties have executed this Agreement. 0:\1Forms\C0NTRAC'nAGREEMEN\San Ramon.doc 4 CONTRA COSTA COUNTY a political subdivision of the State of California Dated: By• Its: County Administrator or Designee CITY OF SAN RAMON Dated: By: Its: City Manager or Designee APPROVED AS TO FORM: County Counsel By• REVIEWED BY: City Attorney By: 0A1Forms\C0NTRACr,AGREEMEN\San Ramon.doc 5