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HomeMy WebLinkAboutMINUTES - 12092003 - C59 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/ 7 7 0 SUBJECT: Operation of Library Service in a New Walnut Creek Library WHEREAS, the City of Walnut Creek is applying for California Reading and Literacy Improvement and Public Library Construction and Renovation 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, the City of Walnut Creek wants the County to operate the new library. NOW, THEREFORE, this Board RESOLVES that: Contra Costa County agrees to operate the completed Walnut Creek Library facility proposed in the Walnut Creek 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 SUPER ORS ON THE DATE SHOWN. filfi- j" ` c ATTEST: Mark DeSaulnier, Chair, Board of Supervisors John Sweeten, Clerk of the Board of Supervisors and County Administrator Y: Deputy Orig. Dept.: County Library cc: County Auditor County Administrator County Counsel RESOLUTION 2003/770 o:lboslreso walnut creek prop. 14 application.doc ky Contra TO: BOARD OF SUPERVISORS { FROM. Anne Cain, County Librarian Costa DATE: December 9, 2003 - County CQUK SUBJECT: Approve and Authorize the County's Participation in the Library Bond Act Application For a New Library in Walnut Creek SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&.BACKGROUND AND JUSTIFICATION RECOMMENDATION Adopt Resolution ��� certifying a commitment to operate the completed Walnut Creek Library and provide public library direct services. Authorize the County Administrator or Designee to sign and execute an agreement with the Walnut Creek School District and the City Of Walnut Creek to provide computer and homework help services and programs, a language and literacy development program that will serve public library users as well as students and parents and other joint venture services. Authorize the County Administrator or Designee to sign and execute an agreement with the Acalanes Union High School District and the City Of Walnut Creek to provide computer and homework services, career services, family literacy services, a subject specialty learning center service and other join venture services. Authorize the County Administrator or Designee to sign and execute a Second Amendment to the Library Use, Operations and Maintenance agreement between the City of Walnut Creek and Contra Costa County for the proposed new downtown Walnut Creek Library. Authorize the County Administrator Or Designee to sign and execute an agreement with the City of Walnut Creek to operate the Walnut Creek Library. Authorize the County Librarian to sign the applications submitted by the City of Walnut Creek as the administrative agent for the jurisdiction Operating the library. Authorize the County Librarian to submit a plan of service for the Walnut Creek Library. This is a required element of the Bond Act regulations. FINANCIAL IMPACT The operating agreement with the City of Walnut Creek 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. In March 2002 the voters in Walnut Creek passed a library parcel tax that will fund the increased level of service. YQ--� CONTINUED ON ATTACHMENT: X y2ble SIGNATURE: ff-R5E MMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE Eg,APPROVE ❑ OTHER SIGNATURE(S): 11A Z�Z,1 0 ACTION OF BOA D N `" t APPROVED AS RECOMMENDED 0 OTHER ❑ VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE UNANIMOUS ABSENT �f ' MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED 5L, Contact: Anna Cain,County Librarian(925)646-6423 ,JOHN SWEETEN,CLERK OF THE BOARD OF SUPER SORS AND COUNTY ADMINISTRATOR cc: County Library Y• Deputy County Administrator B • County Auditor � Approve and Authorize the County's Participation in the Library Bond Act Application For a New Library in Walnut Creek 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 Cycle.-s., 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, which was approved by your Board on February 25, 2003. The City of Walnut Creek submitted a revised application as approved by your Board on February 25, 2003. While both projects were rated "very good" by the panel of raters, neither was funded in the second round. 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 submitting new applications for the third cycle. Your Board approved the Lafayette project on November 4, 2003. The applications for Walnut Creek, Antioch and San Ramon are before you today. I'm 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 "I 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. 0Al30S\TEMPLATE\REGULAR\propl4 application approval cycle 3-WC.doc Approve and Authorize the County's Participation in the Library Bond Act Application For a New Library in Walnut Creek December 9,2003 Page 3 • The degree to which the library's plan of service integrates appropriate electronic technologies into the 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 Walnut Creek to develop both start-up expenses and annual operating expenses for new library. The projected operating budget must be submitted as part of the application package. The operating agreement with the City of Walnut Creek 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. In March 2002, the voters in Walnut Creek passed a library parcel tax that will fund the increased level of service. 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 Walnut Creek School District, the Acalanes Union High School District and the City of Walnut Creek 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. 0AB0SITEMPLATE\REGULARIpropl4 application approval cycle 3-WC.doc 04/18/02 4:15 PM A LIBRARY USE AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF WALNUT CREEK AND CONTRA COSTA COUNTY FOR THE PROPOSED WALNUT CREEK LIBRARY This Agreement("Agreement") is made and entered into this day of May, 2002 by and between the City of Walnut Creek("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 January 20, 1959 (""1959 Agreement")pursuant to which the County has operated the Walnut Creek library in a building owned by the City for more than 40 years. 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. City voters recently approved Measure Q that provides increased operating funding for the Walnut Creek library and the Ygnacio Valley 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 Walnut Creek library(the New Library) in Civic Park. 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. Ten-n. 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 Li 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 costs, 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 0:\Forms\CONTRAC7IAGREEMF-N\WC&CCC-main.doc 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. 4. School-oriented Programs. City and County agree that the school-oriented programs that are described the those certain agreements between the County and the Walnut Creek School District and the Acalanes Union School District, which are attached hereto as Exhibits I and 2 respectively, 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 Librgy. 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: 2 0:1Forins\CONTRACT*\AGREEMEMWC&CCC-main.doc 5 Notice to the City: City Manager City of Walnut Creek P.O. Box 8039 Walnut Creek, CA 94596 Facsimile: (925)943-5897 Notice to Co 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 giving 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 3 0:\Forms\CONTRACT\AGREEMEN\WC&CCC-main.doc 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 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. 0:\Forrns\CONTRACTNAGREEMEEN\WC&CCC-main.doc 4 A IN WITNESS WHEREOF,the parties have executed this Agreement. CONTRA COSTA COUNTY a political subdivision of the State of California Dated: By: Its: County Administrator or Designee CITY OF WALNUT CREED. Dated: _ By: i Its: City Manager or Designee APPROVED AS TO FORM: h County Counsel By• REVIEWED BY: City Attorney By: 5 0:1Forms\CON3RACrAGREEN ENIWC&GCC-main.doc 00, 01� 7 A JOINT USE COOPERATIVE AGREEMENT BETWEEN THE ACALANES UNION HIGH SCHOOL DISTRICT, THE CITY OF WALNUT CREEK, AND CONTRA COSTA COUNTY FOR A NEW DOWNTOWN WALNUT CREEK LIBRARY THIS AGREEMENT made and entered into on this day of _.,2003 by and between the City of Walnut Creek (""City"), the County of Contra Costa('"County'") and the Acalanes Union High School District (""District'") WITNESSETH: WHEREAS, as a result of a comprehensive community library needs assessment process and a thorough analysis of its findings, the City, District, County and the community have identified the following priorities for the students in Walnut Creek: • Math and science proficiency • Computer and information literacy • Reading and language proficiency • Preparation for college and careers • Creative arts and cultural awareness WHEREAS, the City, District, and County have joined together to enrich the learning experiences of students by developing a number of cooperative joint venture programs that reflect our commitment to respond to these unmet needs of Walnut Creek's students, including: • The literacy needs of a growing population of English learners (both students and their parents), and the District's comprehensive plan to improve these_students' academic performance, 0 An interest in partnering to provide a positive orientation to the public library and the community for new immigrant families, & Insufficient materials and technology in school libraries for research, 0 The lack of evening and weekend hours of school library services, 0 Students' difficulty in keeping abreast of the technology resources available for research, 0 The need for additional trained staff to instruct students in learning how to locate, evaluate and use the vast variety of print and on-line resources in today's information age, 9 Insufficient access to textbooks after school hours for homework assignments, 0 The need to cooperate more effectively to prepare students for college, vocational schools, and work, • A region-wide demand to provide exceptional educational- cultural and recreational opportunities for youth, • An interest in improving efforts to promote reading as a lifelong pleasure and habit, • Insufficient mentoring opportunities for high school students, • The lack of tutoring assistance and homework help, • An interest in developing jointly sponsored author visits, cultural awareness events, and displays, New Downtown Walnut Creek Library-Walnut Creek, California Page 1 of 20 t _ I • The need to consult with school media.specialists and teachers in advance of major research assignment, • The benefits of collaborating with high school teachers to develop research tools, like bibliographies, pathfinders, and heliographies, • A desire to cooperate in purchasing and building a collection of materials especially appropriate for new immigrants who speak languages other than English, and • The need to promote lifelong learning by offering a bridge from the formal curriculum to an individual student's journey of personal interest exploration; The need to work together more effectively to provide quality after-school programs, and • The urgent need to implement a community-based plan for student achievement that will respond to the Federal mandate that"No Child Be Left Behind"; and. WHEREAS, the City and District have a long history of collaboration,which has lasted for more than 20 years, including: • A long-term partnership to improve, use and maintain the Las Lomas High School property to develop a trail for the City's Creek Walk project and for classroom purposes, * A number of exciting projects offered in cooperation with the Lindsay Wildlife Museum, i The joint monitoring of water quality in the Las Trampas Creek and Walnut Creek System, The provision of special outdoor settings, like Walnut Creek's Civic Park Butterfly Habitat Restoration site, to support students environmental activities, • The creation of pp ve coo eratiopportunities to help acculturate families who are new to this p L country and community, • .The creation of an anti-drinking and driving program ("Every 15 Minutes • The development of shared-use agreements,which provide.for use of District's fields and facilities for City sports and recreation programs, and • The promotion of and support for a variety of College/Career Center events, such as a "Job Shadowing.Program" for juniors and seniors; and WHEREAS, the County and District have a shared vision to ensure that students are effective users of ideas and information, as evidenced by a history of collaboration of: i Providing specialized resources to teachers and sharing databases to support information literacy, Purchasing supplemental materials for teachers and students; and WHEREAS, the City and District have met annually since 1987 to develop, sustain and explore partnerships s which serve the community's children and families, and have participated in the City's and the District's strategic and long-term planning processes; and WHEREAS The Acalanes union High District has a long history of positive cooperation with the Walnut Creek School District, whose students all matriculate at Las Lomas Pugh School, New Downtown Walnut Creek Library-Walnut geek, California Page 2 of 20 which is the only high school located in the New Downtown Walnut Creek Library's service area, WHEREAS, a New Downtown Walnut Creek Library will allow the City, County and District to form a new cooperative relationship to meet the needs identified above; and WHEREAS, City and County have cooperated for over 40 years by having the County operate the Walnut Creek Library in a building owned by City. NOW, THEREFORE., the Parties hereby agree as follows: Effective with the receipt of a grant from the State of California Library Bond Act and contingent upon receipt of monies by reimbursement, the County acting through the Contra Costa County Library, the City and the District agree to develop four joint venture library services in the New Downtown Walnut Creek Library: A. "Homework Help @ The Library," (a Computer and Homework Center Service), will offer specialized resource collections, technology and multimedia tools, computer literacy classes, tutoring and other support services to address and supplement the curriculum and homework help needs of 9-12 students; and B. The "College/Career Center Program"(Career Center-Service) will offer specialized l. resource collections, technology and multimedia tools, a speakers series, a job fair, mentoring, tutoring and other support services to address and supplement the College/Career Center curriculum offered to students in grades 9-12 at Las Lomas High School, as well as at the District's only continuation high school; C "Walnut Creek Reads" (a Family Literacy Center Service), will offer enhanced collections and exceptional activities designed to: help new immigrant high school students who speak languages other than English, (like those participating in Las Lomas High School's Magnet.English language learning program); nurture their sense of self confidence; help new immigrant families acclimate; provide public programs that promote cultural awareness while building bridges to the community; and support the parents of these students by offering English literacy skill-building classes, a series of family literacy programs, art exhibits, and events; and D. A "Walnut Creek Learning Laboratory"(a Subject Specialty Learning Center Service) will offer collaborative opportunities for high school students to extend learning beyond the classroom, taking advantage of a long-term partnership with the Lindsay Wildlife Museum, while also highlighting various features of the new library's enhanced collections, improved meeting room space, additional services, and new technology tools. These services will be available to both grades 9-12 students and public library users for a period of twenty years. The County, City and the District will offer these joint venture library services in several designated spaces and areas within the New Downtown Walnut Creek Library, identified in the Library Building Program as.- New Downtown Walnut Creek Library-Walnut Creek, California Page 3 of 20 t y e / 1 • The Computer and Homework Center • The Business, Career and Health Reference Center • The Technology and Training Center • The Conference Room • Study Rooms A & B • The Young Adult Area 0 Multi-Purpose Room 1. A definition of the roles.and res onsibilities of.ea h Party with respect to funding, staffing supervision, operation management, and others as applicable. The City of Walnut Creek will: provide sponsorship of these joint venture programs and services; assign staff to participate in planning, evaluation, and implementation of these programs; assign a designated representative to participate in a partnership program to develop future joint venture programs; and funding to promote these programs and services to the community, and to schools within the Walnut Creek service area that are not served by the District. 4 y(acting throuThe Counth the Contra Costa County Library) will: operate.the Library and g provide Library staff and volunteers to participate in the planning,promotion., training, delivery and evaluation of the described joint venture library services, including the Library staff to provide the necessary supervision.and oversight of these Programs; and will assign a designated representative to participate in a partnership program to develop future joint venture programs. The Acalanes Union Pugh School District will provide substantive and meaningful in-bind contributions that includes: a professional library media specialist to work closely with both the District teachers and public library staff to plan, coordinate, deliver, and evaluate these joint venture library services and supporting activities; copies of textbooks, sample tests, homework assig=ents, and curriculum.-support materials for the Library's special resource collections; staff to promote these programs to the District community of teachers, parents, and students; the professional expertise of its Adult Literacy Trainer; the professional expertise of its Career Center Coordinator to plan, organize, and hold special events; volunteers for the joint venture projects; special collection development expertise to help cooperatively develop the public library's English Language Learning, and College/Career Center collections; copies of recommended software for the College/Career Center collections; student peer tutors, assigned to the public library in order to satisfy their community service requirements, for credit and extra credit; leadership on community-wide activities like job fairs and career days; and parent, student and teacher representatives to the partnership, to serve on library advisory committees in order to develop future joint venture programs. Together, the City, County and District will design both quantitative and qualitative evaluation methods to determine the success of program delivery and outcomes on a quarterly basis, and will submit an annual report describing these outcomes to the City Council, Board of Supervisors New Downtown Walnut Creek Library-Walnut Creek, California Page 4 of 20 and School Board. Initially, the parties will meet monthly, then quarterly, to conduct program evaluation, in order to: • Understand, verify and increase the impact of these services on the target audience • Improve delivery mechanisms to ensure service delivery is efficient and cost-effective • Verify that the services and programs are running according to plan Obtain input from advisory committees composed of service stakeholders to help redefine goals, objectives, and planned outcomes • Produce data and verify results that can be used for public relations and for promoting these services in the community • Producing valid comparisons between services in order to determine future modifications in light of funding and/or altered need Together, the City, County and District will determine the success of these joint venture proj ects by developing a customized evaluation plan that incorporates evaluation criteria, performance measures, and service indicators derived from each of the key services described in this agreement. The members of the partnership committee responsible for carrying out these projects will develop this evaluation plan, as well as the tools for data collection and analysis. Components of this plan will include formative and summative evaluative strategies, as well as outcome-based evaluation. Formative evaluation typically involves gathering information during the early stages of a project or program, with a focus on finding out whether efforts are unfolding as planned, uncovering any obstacles., barriers*'or unexpected opportunities that may have emerged, and identifying mid-course adjustments and corrections which can help ensure the success of the work. Essentially, formative evaluation is a structured way to provide program staff with additional feedback about their work. This feedback is primarily designed to fine tune the implementation of the program, and often includes information that is purely for internal use by program managers. Some information may also be reported in the summative evaluation of program impact,particularly if it is relevant to the ability to later replicate or design a future evolution of the program. Successful formative and summative evaluation depend not only on thorough program design and planning, but also on the early adoption of an effective data collection strategy and in many cases, a management information database which allows program staff and evaluators easy access to well-organized program information. For example, it will be the responsibility of the Walnut Creek Senior Branch Librarian to collect library use statistics of the expanded library and enhanced collections, offered by these projects. Counts can be aggregated by period and maintained over time so that comparisons can be made. Measures can include use counts ("#of career items borrowed"), and user analysis ("this library was visited by x users from y different zip codes"). Since measures should be maintained over time, they take some resources to support. Therefore, project staff will select those measures which best serve the purpose of this project. Likewise, library staff and the project's committee members will determine output measures assessing the effectiveness ofjoint venture cooperative services. These are likely to include: door counts, program attendance figures, and number of new library cards issued. New Downtown Walnut Creek Library-Walnut Creek,California Page 5 of 20 Summative evaluation typically involves the preparation of a formal report outlining the . impact of a program. For instance, an evaluation report will typically detail who participated in a program,what activities affected them, and what gains or improvements resulted from their participation. Often this report will include details regarding what prerequisites or conditions are essential or helpful to the replication of the program,program costs and benefits, and disaggregated results showing findings for specific subgroups of participants. There is no crisp dividing line between formative evaluation and summative evaluation. Much of the information gathered during formative evaluation activities may be reported in formal summative reports, particularly during the early development of a new program, in order to show how this program is responding to challenges, and reaching benchmarks and milestones along the way toward intended outcomes. Usually, a compelling case that this program has had a positive impact requires measurement of program targets before, during, and after implementation of the program. This project's summative evaluation report will be a showcase for outcomes associated with the New Downtown Walnut Creek Library and these joint venture cooperative services. "Outcome-based evaluation defines a program as a series of services or activities that lead towards observable, intended changes for participants. Programs usually have a concrete beginning and a distinct end. The loan of a book or an exhibit visit might constitute a program, since these have a beginning-and an end, and increased knowledge is often a goal. An individual _ might complete those programs in the course of a single visit. Out measurements may be g p taken'as each individual or group completes a set of services (a workshop series on art history, an after-school history field trip) or at the end of a project as a whole. Information about participants'ants' relevant skill, knowledge, or other characteristic is usually collected at both the program beginning and end, so that changes will be evident. If a program wants to measure longer-term outcomes, of course, information can be collected long after the end of the program." (Source: Perspectives on Outcome-Based Evaluation•for Libraries and.Museums, IMLS) By way of illustration, in order to know whether the improved physical space created by the New Downtown Walnut Creek Library has had a benefit, the Library needs to measure skills, attitudes, or other relevant phenomena among users and establish what portion of users are affected. To capture information about these kinds of results, the Library may ask its visitors to complete a brief questionnaire. One project expectation is to increase our'visitors' comfort while using our resources, so a survey might ask questions like, "When you visit our library, can you find a comfortable space in which to read?" and ask visitors to rate their comfort before the new library project, and again after its end, in order to conclude that the larger facility made a-- difference difference in responders' comfort levels. Other data sources may include questionnaires or phone surveys for participants in one of the many adult or children's programs offered, and random exit interviews of adults who visit the Library. Similarly, evaluation-questions will be developed to determine how well the new collections of materials are meeting clients'- needs. 2: Description of the joint library se�rvi_ces,and how they will be provided. New Downtown Walnut Creek.Library-Walnut Creek, California Page 6 of 20 A. "Homework Help @ The Library," (a Computer and Homework Center Service), will offer specialized resource collections, technology and multimedia tools, computer literacy classes, tutoring and other support services to address and supplement the curriculum and homework help needs of 9-12 students. • "Homework Help @ The Library"for high school students will be offered in Study Rooms A & B,and the Conference Room of the New Downtown Walnut Creek Library, which will be open 56 hours, six days per week as follows: Monday, Tuesday, Wednesday, and Thursday from 10 AM to 8 PM; Friday and Saturday from 10 AM to 6 PM. • "Homework Help @ The Library"for high school students will be an expanded, and modified version of the successful Las Lomas High School's Peer Tutoring program. At Las Lomas, this system of students assisting other students can only be offered during the time that school facilities are open (7:30 A.M.'—4:00 P.M.). "Homework Help @ The Library"will expand this peer tutoring program to the new Downtown Walnut Creek Library, enabling homework help to be available during all open library hours. • The District's College/Career Center Coordinator will provide the coordination for this service with others to be offered through the "College/Career Center Program. • Thep eer tutors will work with Las Lomas High School students, as well as with students from the Walnut Creek District (grades K-8) and private school students, at the Library after school and on the weekends. (Peer tutors will help students in grades K-8 in the new Library's Computer and Homework Center.) • The District will provide students for this peer tutoring effort as part of their annual requirements to perform community service. • The District will also provide the Library with copies of textbooks used by the high school. In addition, District staff will coordinate the tutoring efforts of seniors at Rossmoor to offer their tutoring skills at the library as well, in order to ensure a full range of service hours. B. The "College/Career Center Program"(a Career Center Service) will offer specialized resource collections, technology and multimedia tools, a speakers series, a job fair, mentoring, tutoring and other support services to address and supplement the College/Career Center curriculum offered to students in grades 9-12 at Las Lomas High School, as well as at the District's only continuation high school. • The library material collections associated with the "College/Career Center Program will be available in the Business, Career and Health Reference Center, specialized electronic resources and instructional training will be offered in the Technology and Training Center. Featured events will take place in the new Library's space deemed most suitable for the projected size of the audience, including the Young Adult Area, the New Downtown Walnut Creek Library-Walnut Creek, California Page 7 of 20 Conference Room, and the Multi-purpose Room of the New Downtown Walnut Creek Library. These areas will be open 56 hours, six days per week as follows".- Monday, Tuesday, Wednesday, and Thursday from 10 AM to 8 PM; Friday and Saturday from 10 AM to 6 PM. (The Multi-purpose Room will also be available for public programs and events during times at which the Library is closed.) • During all open hours, 16 multimedia technology workstations will be available in the Technology and Training Center,providing access to the Internet, all library databases,' a variety of educational software, and electronic multimedia resources to satisfy students' research needs. • The County(acting through the Contra Costa County Library) and the District will offer a variety of computer literacy classes, career-related programs, and career exploration sessions, covering introductory to advanced skill levels, including: ➢ Computer basics > Use of the computer catalog > Library databases and electronic resources > Internet for beginners to advanced > Studying with the Internet ➢ Keyboarding skills How to use application software, such as Excel, Access and PowerPoint > Word processing, spreadsheets, and presentation software for preparation of reports f. > Career and job exploration on the Internet > Web Page design > Test-taking skill-building > Exploring colleges and universities on the Internet > Desktop publishing > Public programs, like featuring representatives from public and private colleges, military, and vocational schools; "College Awareness Night" (a workshop,on financial aid options), and "Senior Specific" (a program designed to provide seniors and their parents with an overview of their senior year). The )County(acting through the Contra Costa County Library) and the District will jointly wl.� f provide specialized print and online resource collections responsive to.curriculum'needs including: > Access to the Library's collection of-books, periodicals and media > Bibliographies,pathfinders, telephone reference and web sites including QandA Cafe', an online reference assistance service available in real time via the web > Live Homework Help with tutor.com > Learnatest.com, > Access to the Library's staff expertise via e-mail reference transactions > NetLibrary and other full-text online sources > School textbooks, sample tests, and curricula materials New Downtown Walnut Creek Library-Walnut Creek, California Page 8 of 20 ➢ Vocational and professional career resources College and university information sources > Materials to help students prepare for the PSAT, SAT, ACT, TOEFL, and advanced placement exams > Scholarship and financial aid information • The City, The County(acting through the Contra Costa County Library), and the District will provide staff and recruit volunteers to offer tutoring and homework assistance to students. A large, committed and talented cadre of volunteers presently work at the District's College/Career Center during weekdays from 7:30 AM— 3:30 PM. Many of these volunteers are willing to provide their expertise at the new Library's 56 hour, six days a week "College/Career Center Program,"benefiting the entire community, not just one high school's student body. Private schools, Homeschoolers, and students from neighboring school districts do not have college or career advisors, and cannot borrow -from Las Lomas High School's Center's collection. • The District will provide its College/Career Center Coordinator to assist in the planning, development, promotion and evaluation of this program, help arrange major career events, and to coordinate access to its registered adult tutors. Ellen Smith, College/Career Center Coordinator at Las Lomas High School, will organize evening meetings to assist students and parents in applying for college; work with the District's Counseling Staff to hold sessions at the new Library, in addition to those offered at school, to assist Walnut Creek families in their college/career searches. • The "College/Career Center Program"will benefit Las Lomas High School's families and the District's continuation school, as well as private schools attended by Walnut Creek residents. At the high school, students have the ability to apply to college on line utilizing programs provided by Las Lomas. The same computer programs that the school uses would aid this joint project. The District will provide the new Library with the needed software. C "Walnut Creek Reads, "(a Family Literacy Center Service), will offer enhanced collections and exceptional activities designed to: help new immigrant high school students who speak languages other than English (like those participating in Las Lomas High School's Magnet English Language Learning Program); nurture their sense of self-confidence; help new immigrant families acclimate; provide public programs that promote cultural awareness while building bridges to the community; and support the parents of these students by offering English Literacy skill-building classes, a series of family literacy programs, and events. • "Walnut Creek Reads"for high school students will primarily be offered in the Computer and Homework Center and The Technology and Training Center in the New Downtown Walnut Creek Library, which will be open 56 hours, six days per week as follows: Monday, Tuesday, Wednesday, and Thursday from 10 AI\4 to 8 PM; Friday and Saturday from 10 AM to 6 PM. New Downtown Walnut Creek Library-Walnut Creek, California Page 9 of 20 • The District will provide the needed in-kind support to create a year-round family program for English Language Learners at the New Downtown Walnut Creek Library. • The District will provide its Adult Literacy Trainer to expand the District's family literacy program by incorporating a technology-based adult literacy component. Designed to be offered jointly by the District and The County (acting through the Contra Costa County Library), parents of students who speak languages other than English will be able to learn computer skills and information literacy, while improving their English. These adult literacy technology-based classes will be offered in the Technology and Training Center of the New Downtown Walnut Creek Library, which will be open 56 hours, six days per week. ` • The City will provide: funds for the design and the.required snatching funds to build and furnish the New Downtown Walnut Creek Library; funding for operations of the library; and designated staff to work collaboratively to provide planning, outreach, publicity, marketing, and evaluation of the cooperative program. • The City will provide the time needed for its Youth &Family Services Coordinator and its Assistant Public Information Officer to help develop,plan,promote and evaluate this cooperative program. +� The County(acting through the Contra Costa County Library)will.provide staff to offer to help with the technology-based adult literacy program, and to promote this program with specific outreach activities. • The County(acting through the Contra Costa County Library) will coordinate and provide public space for the offering of cultural awareness programs, displays, and exhibits,planned to help new.immigrants feel welcome in the community. • The District will provide regular exhibits-of student art at the new Library as a way to promote cultural awareness and help with newcomers to the community become acclimated. Students enrolled in Las Lomas High School's Magnet English Language Learning Program,am also participate in a successful arts program at the high school. Students will also work with the City's Bedford Gallery and Civic Arts Education Program to learn how to curate these exhibitions. These rotating exhibits will be enjoyed by all library users and would give teens in the community a year-round public venue for their artwork. Art will be exhibited in various areas of the new Library, including the Multi-purpose Room and the Young Adult Area. • The City, County (acting-through the Contra Costa County Library) and District Will participate in the collaborative collection development of family literacy materials, and will work jointly to develop, promote, and evaluate "Walnut Creek Reads.'' D. The "Walnut Creek.Learning,Laboratory"(a Subject Specialty Learning Center service) will offer pp cooperative opportunities for high school students to extend learning beyond the classroom p to build reading, writing, math, and science skills across the curriculum. "Walnut Creek New Downtown Walnut Creek Library-Walnut Greek, California Page 10 of 20 Learning Laboratory"will include: environmental.education activities that take advantage of a long-term partnership with the Lindsay Wildlife Museum and the park settings of the new Library; the sponsorship of community-wide reading incentive programs (like "No TV Week' and February's National Reading Day), and programs, events, displays, presentations, and exhibits which showcase various special features of the new library's'ephanced collections, improved meeting room space, additional services, and newly offered technology tools. A "Walnut Creek Learning Laboratory"will take place in several venues, including the Technology and Training Center, the Conference Room, and Multi Purpose Room of the New Downtown Walnut Creek Library,which will be-open 56 hours, six days per week as follows-, Monday, Tuesday, Wednesday, and Thursday from 10 AM to 8 PM; Friday and Saturday from 10 AM'to 6 PM. The District will provide its Director of Curriculum to coordinate the efforts of its science teachers, students, and the staff at the Lindsay Wildlife Museum. For example, biology teachers will work in the-park/creek outside the new Library to educate our community about the creek and the environment. Since the creek that flows in front of Las Lomas High School also goes past the proposed Library, this is a logical partnership between the school,the city, the library and the Lindsay Museum, and allows Las Lomas staff to offer the same services to all the greater Walnut Creek community that their students enjoy. {Past efforts point to the future success of this joint venture cooperative program, such as the Museum's grant-funded MUSED program that trained 15 high school Limited English Proficiency students in the Watershed Watchers program. Modeled after this successful MUSEO program, the District plans to work with the Lindsay Wildlife Museum to have students develop and conduct water quality presentation's at the new Library, and present programs on migratory animals shared by both California and Mexico share, such as past students' presentation on the monarch butterfly(Danaus plexippus) and its incredible migration from North America to Mexico. As a very dramatic finale, they tagged and released a number of specimens during this public presentation.I • The District, County and the City, along with the Friends of the Library, PTAs and local bookstores, will plan and promote regular special reading incentive events. Each partner will provide a valuable in-kind contribution of staff to lead this effort at the new library and throughout the community. For example, currently in the elementary schools, staff and parents work together to encourage an annual "no TV week,"that promotes families to read together (and even talk!). In the future, District staff and PTAs will work jointly with the library to encourage a citywide "no TV week". During this time, all elementary and secondary schools will encourage families to go to the library to check out and read books. In addition, District staff will volunteer their time at the library to lead discussion groups about popular books. High school students will perform community service by reading to younger children, as part of the annual national reading day held each February. Currently, Las Lomas High School has a number of students (as well as the principal) go to elementary schools in Walnut Creek to"read to younger kids; this program will expand this activity to the new Library in the evening. Other special future events will include a book festival and/or broader library festival. (Please Note: Some of New Downtown Walnut Creek Library-Walnut Creek, California Page 11 of 20 these reading incentive events for younger children will take place in the Children's r. Story Time Area.) t • The City will provide funds to develop and maintain new trails and outdoor habitats to support environmental science explorations, and to provide enjoyable recreational opportunities for students and the general public. • The City will provide funds for the design and the required matching funds to build,and furnish the New Downtown Walnut Creek Library, funding for operations of the library, and designated staff to work collaboratively to provide planning, outreach, publicity, marketing, and evaluation of the cooperative program. • The City will provide the time needed for its Youth &Family Services Coordinator and its Assistant Public Information Officer to help develop, plan,promote and evaluate this cooperative program. • The County(acting through the Contra Costa County Library)will provide staff to facilitate and plan Walnut Creek Learning Laboratory, and promote this program with specific outreach activities. 3. The library hours of service for the public and.for students. The New Downtown Walnut Creek Public Library shall be open 56 hours, six days per week during the following hours: Monday, Tuesday, Wednesday, and Thursday: 10 AM to 8:00 PM Friday and Saturday: 10 AM to 6.-00 PM All regular library services Will be available to students and the public during these hours. 4. The number and classifications of staff members. The Contra Costa County Library shall employ the following staff members for the New Downtown Walnut Creek Library: • Senior Branch Librarian 1 FTE • Lead Librarian 1 FTE • Librarians 4 FTE • Library Assistants 3 FTE • Senior Clerk 1 FTE • Clerks 4.5 FTE • Volunteer Coordinator .5 FTE • Library Assistants 135 hours In addition, specific joint venture cooperative programmatic responsibilities shall be assigned to the City's Youth & Family Services Coordinator, the District's Director of Curriculum, the New.Downtown Walnut Creek Library-Walnut Creek, California Page 12 of 20 District's Adult Literacy Trainer, the District's College Career Center Coordinator, and the County's Walnut Creek Library Youth Services Librarian, and the Volunteer Coordinator'. The day-to-day management and supervision of the programs will be the responsibility of the Walnut Creek Library Youth Services Librarian and the Volunteer Coordinator. 5. The use of volunteers. In general, these joint venture projects rely on volunteers to bring participants in from the larger community to enrich library programs and services. Volunteers offer unique expertise, life experiences, connections to the"outside"world(e.g. business people bringing information about the world of work and connections to it for students), time for personalized one-on-one relationships and assistance. Here are some examples of groups from whom we plan to recruit volunteers.- These brief descriptions reflect why and how we plan to use various types of volunteers to add value to these programs. 0 Older adults want to continue to share their experience in an active and productive role. We already have a well-established volunteer,delivery program with Rossmoor and can build on this experience to tap into this rich pool of volunteers. 0 Business people have expressed a vested interest in an educated work force. The schools, the City and the library have existing partnerships with downtown businesses, the Chamber and the Downtown Business Association. • 'Service clubs adopt schools, work on special projects with the City, volunteer and donate money to the library. • Students want to fulfill their community service goals. They are also needed to serve on advisory committees to ensure that library services are responsive to teen needs and interests. They can help to attract teen audiences and users. As peer tutors they can reinforce their learning while teaching other students. They relate well to the students they are working with. 0 Retired teachers want to continue their role as educators. • Many active school and library staff are interested in contributing to the community in their private capacities. • Computer clubs and other experts in electronic resources and technology already make connections with the library as Internet Docents and in other activities. The Rossmoor delivery program includes a partnership with the Rossmoor Computer Club, the largest club in Rossmoor. Club members assist residents in requesting materials through the library's online catalog. • People from various cultures want to present their culture to the community. For example, we had 150 people attend the opening of the Russian language collection at the library for a program that included Russian food, arts and crafts, costumes, music, and even the reading of an original screen play all presented by our Russian partners. • Parents of school age children can assist with the logistics of programs. They are also needed to ensure that library programs are responsive to the needs of students and families and to attract audiences and users. New Downtown Walnut Creek Library-Walnut Creek, California Page 13 of 20 1P For all of the above-stated reasons, the City, County and District will collaborate to identify and recruit an appropriate number of student and adult volunteers to support the activities of these programs, and to provide homework help, tutoring, and literacy training. Bilingual volunteers will be actively recruited. The Contra Costa County Library has a Volunteer Coordinator who actively solicits volunteers for all branches in the Library. This Coordinator will work with the New Downtown Walnut Creek Library staff, (including the Walnut Creek Library Volunteer Coordinator), and other partners 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 sources for these volunteers include high school students with community service goals, bilingual school library assistants, community college-students, graduate library school interns, retired teachers and other seniors. Acalanes Union High School District will recruit volunteers through its PTAs, school newsletters and District website. Further, Las Lomas High School, which hosts the District's Magnet English Language Learning Program, is a sponsored project of the Rossmoor Rotary Club. Discussions are underway to provide a cadre of volunteers from the Rossmoor Rotary Club, who will be dedicated to these programs. In addition, the Friends of the Walnut Creek Library have an active volunteer base. The Friends have offered to recruit volunteers for the programs through the Friends newsletter,-at meetings, events and book sales. The City has also manages a volunteer program and will actively recruit volunteers through its Citizen Institute, Community Connection program, various newsletters and City website. 6. Location of Joint Use Project. The Computer and Homework Center, the Business, Career and Health Reference Center, The Technology and Training Center, the Conference Room, Study Rooms A & B, the Young Adult Area, and the Multi-purpose Room will be the sites for these joint venture programs, housed within the New Downtown Walnut Creek Library, to be located at 1644 N. Broadway in Walnut Creek, the location of the existing Walnut Creek Library. 7. Ownership of the siteJacility, furnishings, equipmentand library materials. The New Downtown Walnut Creek Library site, facility, furnishings, and fixtures will be the property of the City. Equipment and library materials will be owned and maintained by either the City or County as agreed to in the Operating Agreement. The County will own the library collection. Any equipment and materials provided by the schools at school sites or at District offices shall be the property of the District. The Contra Costa County Library will operate the New Downtown Walnut Creek Library. 8. All sources and uses of fun New Downtown Walnut Creek Library-Walnut Creek,California Page 14 of 20 The City will construct, furnish and provide the equipment for the joint venture cooperative programs. Funds for design, construction, furniture and equipment will be paid for through the City's General Fund, the Library Bond Act and donations. The City, County and District will fund operating costs. Further, all parties will contribute annually to the following-partnership created solely for these programs: County Uses and Funds Salaries and benefits for Library staff estimated @ $38,775 On-going collection development,marketing and publicity costs estimated @ $6,000 District Uses and Funds Salaries and benefits for District,staff./In-kind contribution estimated @ $64,680 School materials for the programs, software, and expertise in sharing strategies/In-kind contribution estimated @ $5,000 Marketing and publicity estimated @ $1,000 City Uses and Funds Salaries and benefits for City staff/In-kind contribution estimated @ $63600 Apportioned equipment purchase, maintenance, marketing and publicity costs estimated @ $151000 9. Responsibility for neffity operation, maintenance, and mana2ement, The City and County agree to jointly operate, maintain and manage the New Downtown Walnut Creek Library according to the "Library Use, Operations and Maintenance Agreement." The responsibilities for the operation, maintenance and management of the New Downtown Walnut Creek Library are set forth in that certain "Library Use Operations and Maintenance Agreement" that is attached as Exhibit I and incorporated herein by reference. 10. Review and modiflcation process for the conditions of thea reement. Annually, the three parties to this Joint Use Cooperative Agreement will review the goals, objectives, and outcomes for the programs described in this Agreement. This agreement May be modified to provide a service that meets a greater need of residents and students than the services described herein, given that the service still meets the spirit and intent of the original Joint Use Cooperative Agreement as well as the intent of the Library Bond Act and Title 5 regulations. Changes to the conditions of the agreement will be made by written agreement signed by all three parties and based upon regular evaluations.of program effectiveness. 11. Field Act applicability to the proiect: The Field Act is not applicable to the New Downtown Walnut Creek Library. The library is not located on school property, nor will more than 24 public school students be required to attend these cooperative programs, as part of the required educational program with the School District. New Downtown Walnut Creek Library-Walnut Creek, California Page 15 of 20 12, A 20-year commitment to rod vi 1'pint use library services consistent with the intent of the cooperative atueement. The City, County and District commit to providing joint use library services consistent with the intent of this agreement for 20 years to begin with the opening of the New Downtown Walnut Creek Library. The commitment to provide services over the 20-year period is contingent on the City receiving.reimbursement funds in accordance with the Library Bond Act. Should City.not receive a grant under the Library Bond Act on or before December 31, 2004, this Agreement shall terminate on January 1, 2005. The City, County and District may extend the term of this Agreement through written agreement. 13. Provision of Services Period. The City, County and District acknowledge and incorporate Education Code Section 19999 and Section 20440(e)(3)(G) of Title 5 of the California Code of Regulations, which require the New Downtown Walnut Creek Library to be used to provide public library direct services for 40 years. 14. Indemnity: The City agrees to hold harmless and indemnify County and District,their officers and employees from and against any and all claims, loss, liability, damage, and expense to the extent arising from the negligent performance of this agreement by City. City agrees to defend County and District, and their officers or employees against any such claims. The County agrees to hold harmless and indemnify City and District,their officers and employees from and against any and all claims, loss,'liability, damage, and expense to the extent arising from the negligent performance of this agreement by County. County agrees to. defend City and District, and their officers or employees against any such claims. The District agrees to hold harmless and indemnify City and County, their officers and employees from and against any and all claims, loss, liability, damage, and expense to the extent arising from the negligent performance of this agreement by District. District agrees to defend City and County, and their officers or employees against any such claims. 15. 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 CL Director of Arts, Recreation and Community Services P.O. Box 8039 New Downtown Walnut Creek Library-Walnut Creek, California Page 16 of 20 J7 = 'Walnut Creek, CA 945 96-8 03 9 Facsimile: (925) 939-1058 Notice to County: Contra Costa County Librarian 1750 Oak Park Boulevard Pleasant Hill, CA 94523 Facsimile: (925) 646-6461 Notice to District: Acalanes Union High School District Attn: Superintendent ,1212 Pleasant Hill Road Lafayette, CA 94549 Facsimile: (925) 938-2846 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 giving of notice. 16. 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. 17. Covenant of Good Faith and Fair Deal The parties agree that each of them shall at all times act inood faith in order to carr out the g Y terms of this Agreement and shall do nothing contrary to or to avoid the spirit and intent of this Agreement. 18. Entire Agreement. This Agreement constitutes the entire Agreement between the City, County and District 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, County and District. 19. Amendments. A written instrument signed by all of the parties hereto may only �amend this Agreement. 20. 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 New Downtown Walnut Creek Library-walnut Creek, California Page 17 of 20 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. 21. Headings. The 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. 22. 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 A breach of this Agreement shall provide notice of the alleged breach in the manner required hereinabove in Section 15. The party alleged to be in breach shall have thirty(30) days to cure the breach unless a different time period is specified in this Agreement for the particular act or breach. 23. Governing Laws, Jurisdiction and Venue. T's.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. 24. 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, and the State of California, any rights or remedies under or by reason of this Agreement.. 25. Partial Invalidity and Severabil 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. 26. Successors and Assigns Restrictions on Transfer and Assi*2 ment. 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. New Downtown Walnut Creek Library-Walnut Creek,California Page 18 of 20 .27. 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 County, the Board of Trustees has authorized its Superintendent or Designee to sign this Agreement on behalf of District and the City Council has authorized the Mayor to execute this Agreement on behalf of City. 28. Or i2inal 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. Attachments: A-Library Services Detail B-Staffing and Expense Detail C-Letter of Approval New Downtown Walnut Creek Library-Walnut Creek, California Page 19 of 20 - r ff- IN WITNESS WHEREOF, the parties have executed this Agreement. CONTRA COSTA COUNTY a political,subdivision of the State of California Dated: Its: County Administrator or Designee ACALANES UNION HIGH SCHOOL DISTRICT Dated: By: Its: Superintendent or Designee CITY OF WALNUT CREED., a municipal corporation Dated: Mayor APPROVED AS TO FORINT: County Counsel School District Attorney By: By: Reviewed by: ; j City Attorney New Downtown Walnut Creek Library-Walnut Creek, California Page 20 of 20 A JOINT USE COOPERATIVE AGREEMENT BETWEEN THE WALNUT CREEK SCHOOL DISTRICT,THE CITY OF WALNUT CREEK AND CONTRA COSTA COUNTY FOR A NEW DOWNTOWN WALNUT CREEK LIBRARY THIS AGREEMENT made and entered into on this, day of .,2003 by and between the City . of Walnut Creek ("City"), the County of Contra Costa("County'.) and the Walnut Creek School District ("District") WITNESSETH: WHEREAS, as a result of a comprehensive community library needs assessment process and a thorough analysis of its findings, the City, District, County and the community have identified the following priorities for the students in Walnut Creek: • Homework assistance • Computer and information literacy • Reading and language proficiency • Equity of access to technology • Support for the development of family literacy • Creative arts and cultural awareness WHEREAS, the City, District, and County have joined together to enrich the learning experiences of students by developing a number of cooperative joint venture programs that reflect our commitment to respond to these unmet needs of Walnut Creek's students, including: • The literacy needs of a growing population of English learners, • Insufficient materials and technology in the school libraries for research, • The lack of evening and weekend hours for school library service, . • The lack of professional library school media specialists at the District (all school library staff are paraprofessionals), • The interest in developing jointly sponsored author visits and cooperative reading programs, • Students' difficulty in keeping abreast of the technology resources available for research, • The need for additional trained staff to instruct students in learning fully how to locate, evaluate and use the vast variety of print and on-line resources in today's information age, and • A concern regarding the increasing numbers of preschool and school-age children with reading skill deficits; and WHEREAS, the City and District have a long history of collaboration, which has lasted for more than 20 years, including: • Partnering to offer a nationally recognized Civic Arts Education "ArtReach"program in the schools, New Downtown Walnut Creek Library-Walnut Creek, California Page 1 of 17 ti 0 Jointly-operating a popular summer school program called "Arts, Academics and Adventures) 0 Developing a number of shared-use agreements, which provide for use of the District's fields and facilities for City sports and recreation programs, and 9 Jointly funding a program to support counselors in the schools; and WHEREAS, the County and District have a shared vision to ensure that students are effective users of ideas and information, as evidenced by a long history of collaboration of: • Offering and promoting the Library's annual summer reading programs, • Providing specialized resources to teachers, • Sharing databases, and • Purchasing supplemental materials for teachers and students; and WHEREAS, the City and District have met annually since 1987 to develop, sustain and explore partnerships which serve the community's children and families, and have participated'in City's and the District's strategic and long-term planning processes; and WHEREAS, a New Downtown Walnut Creek Library will allow the City, County and District to form a new cooperative relationship to meet the needs identified above; and WHEREAS, City and County have cooperated for over 40 years by having the County operate the Walnut Creek Library in a building owned by City. NOW, THEREFORE, the Parties hereby agree as follows: Effective with the receipt of a grant from the State of California Library Bond Act and contingent upon receipt of monies by reimbursement, the County(acting through the Contra Costa County Library), the City and the District agree to develop two joint venturelibrary services in the New Downtown Walnut Creek Library: A. "Homework Help @ The Library," (a Computer and Homework Center Service), will offer specialized resource collections, technology and multimedia tools, computer literacy classes, tutoring and other support services to address and supplement the curriculum and homework help needs of K-8 students; and B. it Walnut Creek Reads) " (a Family Literacy Center Service), will offer enhanced collections and exceptional activities designed to nurture the emergent language and literacy needs of preschool and young school-age children, provide specialized training to public librarians, and encourage the parents of young children with a series of family literacy programs and events. These programs will serve both K-8 students and public library users for a period of twenty years. These joint venture library services will be offered by the County, City and the District in New Downtown Walnut Creek Library-Walnut Creek, California Page 2 of 17 jointly operated designated spaces within the New Downtown.Walnut Creek Library, so named in the Library Building Program as: • The Computer and Homework Center • The Children's Story Time Area • The Conference Room • The Technology and Training Center I. A definition of the roles and responsibilities of each party with respect to fundi stafflinLy, supervision, operation, management_, and others as applicable. The City of Walnut Creek will: provide funding for the joint venture programs and services; ices; assign staff to participate in planning, evaluation, and implementation of these programs; assign a designated representative to participate in a partnership program to develop future joint venture programs; and provide funding to promote these programs and services to the community, and to schools within the Walnut Creek service area that are not served by the District. The County(acting through the Contra Costa County Library) will: operate the Library and provide Library staff and volunteers to participate in the planning,promotion, training, delivery and evaluation of the described joint venture library services, including the Library staff to. provide the necessary super-vision and oversight of these Programs; and assign a designated representative to participate in a partnership program to develop future joint venture programs. The Walnut Creek School District will provide substantive and meaningful in-kind contributions that include: paraprofessional library media specialists to work closely with both the District teachers and public library staff to plan, deliver, and evaluate thesejoint venture library services and activities; copies of homework support materials for the Library's special resource collections; staff to promote these programs to the District community of teachers,parents, and students; teachers to offer specialized training in oral language development and emergent literacy issues to public librarians and volunteers for the Programs; bilingual community workers; and assign a faculty and parent representative from each school in the District to participate in a partnership to advice and develop future joint venture programs. Together, the City,.County and District will design both quantitative and qualitative evaluation methods to determine the success of program delivery and outcome-s on a quarterly basis, and Will submit an annual report describing these outcomes to the City Council, Board of Supervisors and School Board. Initially, the parties will meet monthly, then quarterly, to conduct program evaluation, in order to: • Understand, verify and increase the impact of these services on the target audience • Improve delivery mechanisms to ensure service delivery is efficient and cost-effective • Verify that the services and programs are running according to.plan • Obtain input from advisory" committees composed of service stakeholders to help redefine goals, objectives, and planned outcomes • Produce data and verify results that can be used for public relations and for promoting these services in the community New Downtown Walnut Creek Library-Walnut Creek, California Page 3 of 17 Producing valid comparisons between services in order to determine future modifications in light of funding and/or altered need Together, the City, County and District will determine the success of these joint venture projects by developing a customized evaluation plan that incorporates evaluationcriteria, performance measures, and service indicators derived from each of the key services described in this agreement. The members of the partnership committee responsible for carrying out these projects will develop this evaluation plan, as well as the tools for data collection and analysis. Components of this plan will include formative and summative evaluative strategies, as we'll as outcome-based evaluation. Formative evaluation typically involves gathering information during the early stages of a project or program, with a focus on finding out whether efforts are unfolding asp lanned, uncovering any obstacles, barriers or unexpected opportunities that may have emerged, and identifying mid-course adjustments and corrections which can help ensure the success of the work. Essentially, formative evaluation is a structured way to provide program staff with additional feedback about their work. This feedback is primarily designed to fine tune the implementation of the program, and often includes information that is purely for internal use by program managers. Some information may also be reported in the summative evaluation of program impact,particularly if it is relevant to the ability to later replicate or design a future evolution of the program. Successful formative and summative evaluation depend not only on thorough program design and planning, but also on the early adoption of an effective data collection strategy and in many cases, a management information database which allows program staff and evaluators easy access to well-organized program information. For example, it will be the responsibility of the Walnut Creek Senior Branch Librarian to collect library use statistics of the expanded library and enhanced collections, offered by these projects. Counts can be aggregated by period and maintained'over time so that comparisons can be made. Measures can include use counts ("# of new adult reader items borrowed"), and user analysis ("this library was visited by x users from y different zip codes"). Since measures should be maintained over time, they take some resources to support. Therefore,project staff will select those measures which best serve the purpose of this project. Likewise, library staff and the project's committee members will determine output measures assessing the effectiveness of joint venture cooperative services. These are likely to include: door counts, program attendance figures, and number of new library cards issued. Surnmative evaluation typically involves the preparation of a formal report outlining the impact of a program. For instance, an evaluation report will typically detail who participated in a program, what activities affected them, and what gains or improvements resulted from their participation. Often this report will include details regarding what prerequisites or conditions are essential or helpful to the replication of the program, program costs and benefits, and disaggregated results showing findings for specific subgroups of participants. There is no crisp dividing line between formative evaluation and summative evaluation. Much of the information gathered during formative evaluation activities may be reported in formal summative reports, particularly during the early development of a new program, in order to show how this program is responding to challenges, and reaching benchmarks and milestones along the way toward New Downtown Walnut Creek Library-Walnut Creek, California Page 4 of 17 '500/ intended outcomes. Usually, a compelling case that this program has had a positive impact requires measurement of program targets before, during, and after implementation of the program. This project's summative evaluation report will be a showcase for outcomes-associated with the New Downtown Walnut Creek Library and these joint venture cooperative services. "Outcome-based evaluation defines a program as a series of services or activities that lead towards observable, intended changes for participants. Programs usually have a concrete beginning and a distinct end. The loan of a book or an exhibit visit might constitute a program, since these have a beginning and an end, and increased knowledge is often a goal. An individual might complete those programs in the course of a single visit. Outcome measurements may be taken as each individual or group completes a set of services (a workshop series on art history, an after-school history field trip) or at the end of a project as a whole. Information about participants' relevant skill, knowledge, or other characteristic is usually collected at both the program beginning and end, so that changes will be evident. If a program wants to measure longer-term outcomes, of course, information can be collected long after the end of the program." (Source:Perspectives on Outcome-Based Evaluation for Libraries and Museums, IMLS) By way of illustration, in order to know whether the improved physical space created by the New Downtown Walnut Creek Library has had a benefit, the Library needs to measure skills, attitudes, or other relevant phenomena among users and establish what portion of users are affected. To capture information about these kinds of results, the Library may ask its visitors to complete a brief questionnaire. One project expectation is to increase our visitors' comfort while using our resources, so a survey might ask questions like, "When you visit our library, can you find a comfortable space in which-to read?" and ask visitors to rate their comfort before the new library project, and again after its end, in order to conclude that the larger facility made a difference in responders' comfort levels. Other data sources may include questionnaires or phone surveys for participants in one of the many adult or children's programs offered, and random exit interviews of adults who visit the Library. Similarly, evaluation questions will be developed to determine how well the new homework help services, family literacy classes, and collections of materials are meeting patrons' needs. 2.- Description of the joint library services and how they will be provided, A. "Homework Help @ The Libraq," (a Computer and Homework Center Service), will offer specialized resource collections, technology and multimedia tools, computer literacy classes, tutoring and other support services to address and supplement the curriculum and homework help needs of K-8 students. • "Homework Help @ The Library will be offered in the Computer and Homework Center of the New Downtown Walnut Creek Library, which will be open 56 hours, six days per week as follows: Monday, Tuesday, Wednesday, and Thursday from 10 AM to 8 PM; Friday and Saturday,from 10 AM to 6 PM. New Downtown Walnut Creek Library-Walnut Creek, California Page 5 of 17 • Although the Computer and Homework Center will be reserved primarily for student use during anticipated peak after-school hours (from 3:00-5:00 PM Monday-Friday; 10 AM-Noon,-Saturday), during all other times, theComputer and Homework Center will be open to encourage individual use, group study, and to offer homework help, tutoring services, and other instructional activities. • During all open hours, 10 multimedia technology workstations will be available in the Computer and Homework Center,providing access to the Internet, all library databases, a,variety of educational software, and electronic multimedia resources that satisfy students' research needs. • The County(acting through the Contra Costa County Library) will offer a variety of computer literacy classes, covering introductory to advanced skill levels, including: Computer basics ➢ Use of the computer catalog Library databases and electronic resources ➢ Internet for beginners to advanced ➢ Studying with the Internet ➢ Keyboarding skills ➢ How to use application software, such as Excel, Access and PowerPoint > Word processing, spreadsheets, and presentation software for preparation of reports • The County(acting through the Contra Costa County Library).and the District willjointly provide specialized print and online resource collections responsive to curriculum needs including: Access to the Library's collection of books, periodicals and media > Bibliographies,pathfinders, telephone reference and web sites including QandA Cafe', an online reference assistance service available in real time via the web > NetLibrary and other full-text online sources > School textbooks, sample tests, and curricula materials > Live Homework Help with tutor.com > Learnatest.com ➢ Access to library staff expertise via email reference transactions • The City, The County(acting through the Contra Costa County Library), and the District will provide staff and recruit volunteers to offer tutoring and homework assistance to students. • The County(acting through the Contra Costa County Library) will provide the Volunteer Coordinator at the New Downtown Walnut Creek Library to manage the program. New Downtown Walnut Creek Library-Walnut Creek, California Page 6 of 17 • The District will develop and offer regular orientations to the program, hosted by the Director of Curriculum at six school sites, so that all families will hear about the cooperative program, and meet the District's media specialists and public librarians. • The District will assign sixteen teachers with specific program responsibilities to: > Develop detailed descriptions of class assignments (by grade level) > Identify which of the California State Standards and Benchmarks are addressed by these assignments Secure parental permission in order to provide the names of students who could benefit from the program • The District will assign each school's library media specialist to serve as thisprogram's primary point of contact between the classroom teacher and public library staff, to encourage all students to take advantage of the program, and to assist in the provision of specific textbooks and homework support materials. The District will provide its Reading Specialist to develop and annually offer a four-hour training course for public library staff, in order to introduce them to the District's reading comprehension strategies. • The District will provide teachers to offer homework assistance at the Computer and Homework Center from 6—8 PM on Monday—Thursday to help low achieving students in grades 2-8. • The District will provide one teacher(half-time) to work from 3:30--5:30 PM on Monday to Thursday, and on Saturdays from 10 AM— 12 Noon to provide Internet research and report writing assistance to students in the Computer and Homework Center, • The City will provide funds for the design and the required matching funds to build and furnish the New Downtown Walnut Creek Library; funding for operations of the library; and designated staff to work collaboratively to provide planning, outreach, publicity, "D marketing, and evaluation of the cooperative program. • The City will provide the necessary time for its Youth &Family Services Coordinator and its Assistant Public Information Officer to help develop, plan, promote and evaluate this cooperative program. B. "Walnut Creek Reads,"(a Family Literacy Center Service), will offer enhanced collections and exceptional activities designed to nurture the emergent language and literacy needs of preschool and young school-age children, provide specialized training to public librarians, and encourage the parents of young children with a series of family literacy programs and events. New Downtown Walnut Creek Library-Walnut Creek, California Page 7 of 17 • ",Walnut Creek Reads"will primarily be offered in the Children's Story Time Area of the New Downtown Walnut Creek Library, which will be open 56 hours, six days per week as follows: Monday, Tuesday, Wednesday, and Thursday from 10 AM to 8 PM; Friday and Saturday from 10 AM to 6 PM. • The District will provide staff to design exceptional activities that address the emergent 'language and literacy needs of preschool and young school-age children by: ➢ Offering explicit instruction in "phonemic awareness" (the ability to identify discrete spoken sounds) and reading comprehension ➢ Providing opportunities to participate in guided oral language experiences, such as story times > Offering consistent use of the Lexile formula to identify reading levels during the provision of services to children, and through such activities as joint collection development, augmenting the State's required reading lists • The District will provide staff to conduct an annual training for public librarians in oral language development, phonemic awareness, and reading comprehension. An estimated forty K-1 teachers will participate to identify students who might benefit from "Walnut Creek Reads" and to contact their families. The District will provide: the services of the Director of Curriculum to oversee family referrals and coordinate activities between the Library and District staff; publicity assistance through the School'ool District's Curriculum Office, to promote the program to parents and caregivers; and its best practices from the "Leernos Juntas"program at Buena Vista Elementary School, which targets English language instruction for immigrant families. • The District will provide its Reading Specialist to demonstrate and teach pre-reading skills.to parents,of young children who are taking adult literacy classes at the Library. Some of these demonstrations will take place in the Children's Story Time Area and/or the Conference Room. • The District will provide bilingual community workers for each of the top three language groups represented in the schools (currently Spanish, Farsi and Russian) to call/visit and invite families that are recommended by the District, make sure they come to the classes at the Library, arrange transportation as needed, and explain or make childcare arrangements. • The District will provide its Adult Literacy Trainer to expand the District's family literacy program by incorporating a technology-based adult literacy component. Designed to be offered jointly by the District and The County (acting through the Contra Costa County Library),parents of students who speak languages other than English will be able to learn computer skills and information literacy, while improving their English. These adult literacy technology-based classes will be offered in the Technology and Training New Downtown Walnut Creek Library-Walnut Creek, California Page 8 of 17 Center of the New Downtown Walnut Creek Library, which will be open 56 hours, six days per week. * The District will pay for childcare services while parents are attending English Language classes at the new Library. 0 The City will p rovide funds for the design and the required matching funds to build and , furnish the New Downtown Walnut Creek Library, funding for operations of the library,V, and designated staff to work collaboratively to provide planning, outreach, publicity, marketing, and evaluation of the cooperative program. • The City will provide the necessary time for its Youth &Family Services Coordinator and its Assistant Public Information Officer to help develop, plan,promote and evaluate this cooperative program. • The County(acting through the Contra Costa County Library)will provide: staff to offer regularly scheduled story times at the library(a minimum of one story time per day, six days a week, for children ages 6 months - five); staff to participate in the professional training provided by District; staff to help with the technology-based adult literacy program; and staff to promote this program with specific outreach activities to schools, preschools, family day care programs, and after school programs. • The City, County(acting through the Contra Costa County Library) and District will participate in collaborative collection development of family literacy materials and children's materials that indicate Lexile levels to maximize the cost-effectiveness of resources, and will work collaboratively to develop, promote, and evaluate "Walnut Creek Reads." 3. The library hours of service for the public and for students. The New Downtown Walnut Creek Public Library shall be open 56 hours,.six days per week during the following hours: Monday, Tuesday, Wednesday, and Thursday: 10 AM to 8:00 PM Friday and Saturday: 10 AI\4 to 6:00 PM All regular library services will be available to students and the public during these hours. Although the Computer and Homework Center will be reserved primarily for student use during anticipated peak after-school hours (from 3:00-5:00 pm, Monday-Friday, 10 AM—Noon, Saturdays), during all other times, the Computer and Homework Center will be open to encourage individual use, group study, and to offer homework help, tutoring services, and other instructional activities. 4. The number and classifications of staff members. The Contra Costa County Library shall employ the following staff members for the New New Downtown Walnut Creek Library-Walnut Creek, California Page 9 of 17 Downtown Walnut Creek Library: • Senior Branch Librarian 1 FTE • Lead Librarian 1 FTE • Librarians 4 FTE • Library Assistants 3 FTE • Senior Clerk 1 FTE • Clerks 4.5 FTE • Volunteer Coordinator .5 FTE • Library Assistants 135 hours In addition, specific joint venture cooperative programmatic responsibilities shall be assigned to the City's Youth &Family Services Coordinator, the District's Director of Curriculum, District's Reading Specialist, District's community workers; teachers assigned to work at the Computer and Homework Center, and the County's Walnut Creek Library Youth Services Librarian. The day-to-day management and supervision of the programs will be the responsibility of the Walnut Creek Library Youth Services Librarian and the Volunteer Coordinator. 5. The use of volunteers. In general, these joint venture projects rely on volunteers to bring participants in from the larger community to enrich library programs and services. Volunteers offer unique expertise, life q experiences, connections to the "outside"world (e.g. business people bringing information about jfT the world of work and connections to it for students), time for personalized one-on-one {� relationships and assistance. Here are some examples of groups from whom we plan to recruit volunteers: These brief descriptions reflect why and how we plan to use various types of volunteers to add value to these programs. • Older adults want to continue to share their experience in an active and productive role. We already have a well-established volunteer delivery program with Rossmoor and can build on this experience to tap into this rich pool of volunteers. • Business people have expressed a vested interest in an educated work force. The schools, the City and the library have existing partnerships with downtown businesses, the Chamber and the Downtown Business Association. • Service clubs-adopt schools, work on.special projects with the City, volunteer and donate money to the library. • Students want to fulfill their community service goals. They are also needed to serve on advisory committees to ensure that library services are responsive to teen needs and interests. They can help to attract teen audiences and users. As peer tutors they can reinforce their learning while teaching other students. They relate well to the students they are working with. • Retired teachers want to continue their role as educators. • Man active school and library staff are interested in contributing to the community in � �' � g Y their private capacities. New Downtown Walnut Creek Library-Walnut Creek, California Page 10 of 17 Computer clubs and other experts in electronic resources and technology already make connections with the library as Internet Docents and in other activities. The Rossmoor delivery program includes a partnership with the Rossmoor Computer Club, the largest club in Rossmoor. Club members assist residents in requesting materials through the library'sonline catalog. • People from various cultures want to present their culture to the community. For example, we had 150 people attend the opening of the Russian language collection at the library for a program that included Russian food, arts and crafts, costumes, music, and even the reading of an original screen play all presented by our Russian partners. • Parents of school age children can assist with the logistics of programs. They are also needed to ensure that library programs are responsive to the needs of students and families and to attract audiences and users. For all of the above-stated reasons, the City, County and District will collaborate to identify and recruit an appropriate number of student and adult volunteers to support the activities of these programs, and to provide homework help, tutoring, and literacy training. Bilingual volunteers will be actively recruited. .The City, County and District will collaborate to identify and recruit an appropriate number of student and adult volunteers to support the activities of these programs, and to provide homework help, tutoring, and literacy training. Bilingual volunteers will be actively recruited. The Contra Costa County Library has a Volunteer Coordinator who actively solicits volunteers for all branches in the Library. This Coordinator will work with the New Downtown Walnut Creek Library staff, (including the Walnut Creek Library Volunteer Coordinator), and other partners 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 sources for these volunteers include high school students with community service goals, community college students, graduate library school interns, retired teachers and other seniors. In addition, the Friends of the Walnut Creek Library have an active volunteer base. The Friends have offered to recruit volunteers for the programs through the Friends newsletter, at meetings, events and book sales. The City has also manages a volunteer program and will actively recruit volunteers through its Citizen Institute, Community Connection program, various newsletters and City website, and the District will recruit volunteers through its PTAs, school newsletters and District website. 6. Location of Joint Use Pro-ject. The Computer and Homework Center, the Children's Story Time Area, the Conference Room, and the Technology and Training Center will be the site of thesejoint venture programs, housed within the New Downtown Walnut Creek Library, to be located at 1644 N. Broadway in Walnut Creek, the location of the existing Walnut Creek Library. 7. Ownership of the site, facility, furnishin2s, equi ment and library materials. New Downtown Walnut Creek Library-Walnut Creek, California Page 11 of 17 The New Downtown Walnut Creek Library site, facility, furnishings,s and fixtures will be the property of the City. Equipment and library materials will be owned and maintained-by either the City or County, as agreed to in the Operating Agreement. The County will own the library collection. Any equipment and materials provided by the schools at school sites or at District offices shall be the property of the District. The Contra Costa County Library will operate the New Downtown Walnut Creek Library. 8. All sources and uses of funding. The City will construct, furnish and provide the equipment for the joint venture cooperative. programs. Funds for design, construction, furniture and equipment will be paid for through the City's General Fund, the Library Bond Act and donations. The City, County and District will fund operating costs. Further, all parties will contribute annually to the following partnership created solely for these programs: County Uses and Funds Salaries and benefits for Library staff estimated @ $63,500 On-going collection development, staff training materials, marketing and publicity costs estimated @ $9,500 District Uses and Funds Salaries and benefits for District staff 1 In-kind contribution estimated @ $45,000 4• School materials for the programs, and expertise in teaching strategies and curriculum/In-kind contribution estimated @ $20,000 Childcare costs estimated @$6,000 Marketing and publicity estimated @ $1,000 City Uses and Funds Salaries and benefits for City staff estimated @ $6,600 Equipment maintenance, marketing and publicity costs estimated @ $5,000 9. Responsibility for facility operation, maintenance and mana ement. The City and County agree to jointly operate, maintain and manage the New Downtown Walnut Creek Library according to the "Library Use, Operations and Maintenance Agreement." The responsibilities for the operation, maintenance and management of the New Downtown Walnut Creek Library are set forth in that certain "Library Use Operations and Maintenance Agreement" that is attached as Exhibit 1 and incorporated herein by reference. 10. Review and modification process,for the conditions of the agreement. Annually, the three parties to this Joint Use Cooperative Agreement will review the goals, objectives, and outcomes for the programs described in this Agreement. This agreement may be modified to provide a service that meets ag reater need of residents and students than the services New Downtown Walnut Creek Library-Walnut Creek, California Page 12 of 17 described herein, given that the service still meets the spirit and intent of the original Joint Use Cooperative Agreement as well as the intent of the Library Bond Act and Title 5 regulations. Changes to.the conditions of the agreement will be made by written agreement signed by all three parties and based upon regular evaluations of program effectiveness. 11. Field,Act applicabil to the project. The Field Act is not applicable to the New Downtown Walnut Creek Library. The library is not located on school property, nor will more than 24 public school students be required to attend these cooperative programs, as part of the required educational program with the School District. 12. A 20-year commitment to providin Joint use library services consistent with the intent o_f the cooperatvel agreement. The City, County and District commit to providing joint use library services consistent with the intent of this agreement for 20 years to begin with the opening of the New Downtown Walnut Creek Library. The commitment to provide services over the 20-year period is contingent on the City receiving reimbursement funds in accordance with the Library Bond Act. Should City not receive a grant under the Library Bond Act on or before December 31, 2004, this Agreement shall terminate on January 1, 2005. The City, County and District may extend the term of this Agreement through written agreement. 13. Provision of Services Period. The City, County and District acknowledge nowledge and incorporate Education Code Section 19999 and Section 20440(e)(3)(G) of Title 5 of the California Code of Regulations, which require the New Downtown Walnut Creek Library to be used to provide public library direct services for 40 years. 14. Indemnity: The City agrees to hold harmless and indemnify County and District, their officers and employees from and against any and all claims, loss, liability, damage, and expense to the extent arising from the negligent performance of this agreement by City. City agrees to defend County and District, and their officers or employees against any such claims. The County agrees to hold harmless and indemnify City and District, their officers and employees from and against any and all claims, loss, liability, damage, and expense to the extent arising from the negligent performance of this agreement by County. County agrees to defend City and District, and their officers or employees against any such claims. The District agrees to hold harmless and indemnify City and County, their officers and employees from and against any and all claims, loss, liability, damage, and expense to the extent arising from the negligent performance of this agreement by District. District agrees to defend City and County, and their officers or employees against any such claims. New Downtown Walnut Creek Library-Walnut Creek, California Page 13 of 17 15. 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 City Director of Arts, Recreation and Community Services P.O. Box 8039 Walnut Creek, CA 94596-8039 Facsimile: (925) 939-1058 Notice to County: Contra Costa County Librarian 1750 oak Park Boulevard Pleasant Hill, CA 94523 Facsimile: (925) 646-6461 Notice to District: - Walnut Creek School District Attn: Superintendent 960 Ygnacio Valley Road Walnut Creek,,CA 945 96 L Facsimile: (925) 944-1768 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 giving of notice. 16. 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. 17. Covenant of Good Faith and Fair Dealing. The parties 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. 18. Entire Agreement. This Agreement constitutes the entire Agreement between the City, County and District 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, County and District. New Downtown Walnut Creek Library-Walnut Creek, California Page 14 of 17 19. Amendments, A written instrument signed by all of the parties hereto may only amend this Agreement. 20. 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. 21. Hea The headings and captions used in this Agreement are for convenience and ease of reference only and s'hall not be used to construe, interpret, expand or limit the terms or provisions of the Agreement. 22. Waiver of Breach; ofice 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 shall provide notice of the alleged breach in the manner required hereinabove in Section 15. The party alleged to be in breach shall have thirty(30) days to cure the breach unless a different time period is specified in this Agreement for thep articular act or breach. 23. 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. 24. 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, and the State of California, any rights or remedies under or by reason of this Agreement. 25. Partial Invalidity and Severabilit-y. 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 New Downtown Walnut Creek Library-Walnut Creek, California Page 15 of 17 effect, without being impaired or invalidated in any way, with such invalid, void or unenforceable provision being severable from the remainder of this Agreement. 26. Successors and Assigns; Restrictions on Transfer and AssifInment. This Agreement shall inure to the benefit of and bind the successor's and assigns of the Parties. All terms and provisions of this Agreement are fully enforceable by and against such successors and assigns. 27. 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 County, the Board of Trustees has authorized its Superintendent or Des*ignee to sign this Agreement on behalf of District and the City Council has authorized the Mayor to execute this Agreement on behalf of City. 28. 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. Attachments: A-Library Services Detail B-Staffing and Expense Detail C-Letter of Approval IN WITNESS WHEREOF, the parties have executed this Agreement. CONTRA COSTA COUNTY a political subdivision of the State of California Dated: By: Its: County Administrator or Designee WALNUT CREEK SCHOOL DISTRICT Dated. - By: Its: Superintendent or Designee New Downtown Walnut Creek Library-Walnut Creek, California Page 16 of 17 t CITY OF WALNUT CREEK, a municipal corporation Dated: Mayor APPROVED AS TO FORM: County Counsel School District Attorney By• -- By. Reviewed by: City Attorney New Downtown Walnut Creek Library-Walnut Creek, California Page 17 of 17