HomeMy WebLinkAboutMINUTES - 12092003 - C60 000,
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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. 03/771
SUBJECT: Operation of Library Service in a new Antioch (Prewett) Library
WHEREAS, the City of Antioch 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 Antioch wants the County to operate the new library.
NOW, THEREFORE, this Board RESOLVES that: Contra Costa County agrees to
operate the completed Prewett Library facility proposed in the Antioch 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 SUPERVIS ON THE DATE SHOWN.
ON
ATTEST:
Mark DeSaulnier, Chair, Board o �iohn Sweeten Clerk of the Board of
rs hn Sweeten,
Supervisors and County Administrator
c
By: Deputy
Orig. Dept.: County Library
cc: County Auditor
County Administrator
County Counsel
RESOLUTION 2003/771
o:\bos\reso antioch prop. 14 application.doc
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TO: BOARD OF SUPERVISORS .;�•'=� �`'�,. Contra
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FROM: Anne Cain County LibrarianA Costa
DATE: December 9 2003 �'Q•*-.__ -, County
SUBJECT: Approve and authorize the County's Participation in the Library Bond Act Application
pp �
For a New Library in Antioch
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt Resolution 2&.y/2;j certifying a commitment to operate the completed Antioch (Prewett) Library and
provide public library direct services.
Authorize the County Administrator or Designee to sign and execute an agreement with the Antioch Unified
School District and the City of Antioch to provide a computer center and programs, homework area and
programs, and other joint venture programs and services to benefit K-- 12 students in Antioch as mil as public
library users.
Authorize the County Administrator or Designee to sign and execute an agreement and a first amendment to an
agreement with the City of Antioch to operate the Antioch (Prewett) Library.
Authorize the County Librarian to sign the application submitted bythe City of Antioch as the administrative
agent for the jurisdiction operating the library.
Authorize the County Librarian to submit a plan of service for the Antioch (Prewett) Library. This is a required
element Of the Bond Act regulations.
FINANCIAL IMPACT
The operating agreement with the City of Antioch specifies that the City of Antioch will provide funding to the
County for the personnel costs, services, books, supplies, materials and other costs to Operate the new library
in Antioch 64 hours per week. On January 14, 2003 the Antioch City Council unanimously approved a budget
of$1.5 million annually for 64 hours of service at the new library.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
B-K'ECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE
Eg--A'PPROVE M OTHER
SIGNATURE(S):
ACTION OF B A D ON APPROVED AS RECOMMENDED Rk OTHER R
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND ENTERED
UNANIMOUS(ABSENT c„���� ) ON THE MINUTES OF THE BOARD OF SUPERVISORS
ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED
■.■1�.. ___ -IIS��11--I ■I�1.
Contact: Anne Cain,County Librarian JOHN SWEETEN,CLERK OF THE BOARD OF
(925)646-6423 SUPERVISORS AND COUNTY ADMINISTRATOR
cc: County Library By: ,Deputy
County Administrator
County Auditor
County Counsel
Approve and authorize the County's Participation in the Library Bond Act Application
For a New Library in Antioch
December 9, 2003
Page 2
BACKGROUND
California Reading and Literacy Improvement and Public Library_Construction Bond Act
The California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of
2000 was created by the passage of Proposition 14, a statewide bond measure approved by the voters of the
State of California on March 7, 2000. The Bond Act authorized the sale of$350 million of state general
obligation bonds for the purpose of public library construction and renovation.
Application Cycles
Applications are 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 cities of Antioch and Walnut Creek submitted applications that were
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 applications for
submiss.ion 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 Antioch,
Walnut Creek and San Ramon are before you today.
County Role
This Board Order requests approval for those requirements of the application process that are the responsibility
of the County Library.
1. Library Director Signature
The application requires the signature of the elected official of the applicant jurisdiction (the City of Antioch).
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
1
2 0:\BOS\TE WLATE\REGULAR\prop14 application approval cycle 3-Antioch.doc
Approve and authorize the County's Participation in the Library Bond Act Application
For a New Library in Antioch
December 9, 2003
Page 3
library service area and the degree to which the proposed project responds to the needs of those residents.
• The degree to which the library's plan of service integrates appropriate electronic technologies into the
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 Antioch to develop both start-up expenses and
annual operating expenses for the new library.
The projected operating budget must be submitted as pad of the application package. The operating
agreement with the City of Antioch specifies that the City of Antioch agrees to provide funding to the County for
the personnel costs, services, books, supplies, materials and other costs to operate the new Library at 64 hours
per week.
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 Antioch Unified School District and the City of Antioch to develop joint venture
programs and services 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.
0ABOWEMPLATE\REGULAMprop 14 application approval cycle 3-Antioch.doc
A JOINT USE COOPERATIVE AGREEMENT BETWEEN THE
ANTIOCH UNIFIED SCHOOL DISTRICT, THE CITY OF ANTIOCH AND CONTRA
COSTA COUNTY FOR PREWETT LIBRARY
1. Parties and Purpose.
Effective with the receipt of funding from the State of California Library Bond Act,
the Contra Costa County Library (Library), the City of Antioch (Applicant) and the
Antioch Unified School District (District) agree to develop and operate a
computer center, a homework area, and programs, with targeted collections and
online resources to provide enhanced educational and library services in the
Prewett Library.
2. Definition of the roles and responsibilities of each party with respect to
funding, staffing, supervision, operation, management and others as
appi"Icable.
The Contra Costa County Library, the City of Antioch, and the Antioch Unified
School District agree to provide cooperative library services to benefit Antioch's
K-12 school children.
The LIBRARY will operate the library and provide staff training, ongoing
collection development and acquisition, professional development, long-range
planning, literacy services, and implementation of the Library Plan of Service.
The APPLICANT agrees to fund salary and benefits of city staff who will teach
weekly classes for students, parents, and community members.
The DISTRICT agrees to fund salary and benefits of school district staff who
teach classes and provide staff training, professional development, ongoing
collection development, activities based on alternative education initiatives, and
development of Web-based resources.
3. Description of the joint library services and how they will be provided:
The planned joint library services are a result of the needs assessment process
with the Antioch community and the Antioch Unified School District, its teachers,
students, and parents.
Computer Center for the School Partnership:
• Prewett Library, AUSD, and the City of Antioch Leisure Services staff will develop
and offer a range of computer literacy classes covering introductory to advanced
skill levels.
• Access to*computer resources, including the Internet, will be available to Antioch
students, their parents and the general public.
• Computer literacy activities for students will be offered. Topics of classes may
include:
> SAT and other test taking skills
> Student research skills, e.g., how to use the online catalog and electronic
databases
> How to use application software, such as Excel, Access and PowerPoint
> Job search skills
> Resume writing
> Interviewing skills
> Introduction to the library's Web site and its many resources
> How to search the Internet and identify legitimate Web sites for student
research *
> Reading comprehension
Homework Area:
• Prewett Library staff and professional development staff in the AUSD will plan
and hold an open house for Antioch kindergarten through 12th grade teachers
in the library every fall to introduce teachers to the resources of the public
library.
• Prewett Library staff and AUSD teachers will schedule library tours and field
trips to introduce students to the public library. Prewett Library staff will also
schedule a minimum of four (4) monthly classroom visits in the schools to
demonstrate the range of library services.
• The Antioch Unified School District will rotate faculty, leadership, and other
community meetings through the Prewett Library to facilitate collaboration and
joint planning between the two organizations and to share training
opportunities.
• Contra Costa County Library will provide specialized print and electronic
resource collections responsive to curriculum needs, including a collection of
textbooks jointly selected by the Library and professional development staff of
AUSD, including one copy of each year's planned textbooks donated by
AUSD.
• The Library will provide appropriate support tools, such as bibliographies,
listing of Web sites, and pathfinders
• AUSD will share an electronic database of video holdings with the Prewett
Library staff and allow the Prewett Library to circulate videos from this
collection that are currently not in use to support the school curriculum.
• The AUSD will link to the Contra Costa County Library Web site from.their
library computers and from the AUSD Community Links Webpage.
• Contra Costa County Library will support Prewett Library with central
services, such as:
> Telephone reference 9 a.m.-9 p.m., Mon-Thurs and 9 a.m.-6 p.m. Fri.-Sat
61- 71
➢ QandA Caf6 — a real-time reference assistance service available via the
Web 24 hours a day, 7 days a week, including live online tutoring services
(English, math, science, social studies) and Spanish bilingual tutors in
math and science for homework assistance to individuals functioning at
grade levels 4-12.
> Access to the library's collection, including netLibrary ebooks
> Many full text electronic reference databases
> Access from home, school or office to the Library's Web site and available
services, 24 hours a day, 7 days a week.
• The library will offer programs to guide and develop K-12 students' use of
library electronic resources. Library staff will provide quarterly programs,
including family programs to introduce students to the Internet and review the
variety of Internet sites supporting research and homework assignments.
Program workshops will also focus on overall use of the Internet, including
navigation, search strategies and notable search sites, in addition to the
introduction and searching of electronic databases.
• The library and AUSID will jointly produce homework alerts so that the Prewett
Library can respond to school curriculum needs.
• AUSID will supply the Prewett Library with accelerated reading lists and other
California reading lists and the Prewett Library will purchase materials to
support the lists.
• The Library will create and maintain a Spanish-language version of the home
page and useful links and resources that support the Spanish-speaking
community, with input from ?
• The Library will identify and provide print editions of high interest or classical
reading material adapted for the learning disabled or for new readers. Here
is the literacy component but not clearly stated.
Continuing Adult Education
• The City of Antioch, Leisure Services, will offer classes at the Library that
support home schooling and positive parenting (called the Playful Parent).
• The City of Antioch, Leisure Services, will offer classes at the Library that
teach sign language.
• The City of Antioch, Leisure Services in conjunction with the Antioch Senior
Center, will provide volunteer opportunities at the Library that include tutoring
and mentoring students as well as recreation, teaching, socialization, and
information for other seniors.
• The Library will work with the Antioch Adult School, a part of AUSID, and the
City of Antioch to provide classroom training and educational resources that
support high school diploma training, for English Language Learners, for
community based English tutoring, for basic math, reading, and writing
comprehension skills, and to support the Antioch Adult School's partnership
with the East Bay Works One Stop Career Center. Here is part of the adult
literacy component
• The Library will create and maintain a sophisticated online presence of useful
links and tools for career and vocational resources to supplement current
career collections for circulation and reference.
• The Computer Center for the School Partnership will be fully maximized to
support ongoing adult education through computer literacy classes, access to
the Internet, and activities that support vocational education, job
development, job search skills, career exploration, and job listings'.
Learning beyond the classroom
The Library, the City of Antioch, and the AUSD will jointly provide
opportunities to experience service in a meaningful environment, such as:
);o- Living history and student performances
> Planetary productions from AUSD's SPACE Academy, a local and
regional center for standards-based astronomy education at all grade
levels, including hands-on experiential activities with an inflatable
planetarium and a Native American presentation on how the earth
began.
> Service club opportunities for AUSD students to enable them to satisfy
service requirements through volunteer work at and with the Prewett
Library or any library-sponsored or cooperative program.
> Invite the public, police departments, corporations, government
agencies, teachers, and library staff to participate in professional
development through the AUSD participation in the Tools for Tolerance
for Educators program at the Museum of Tolerance. AUSD will obtain
educational resource materials on diversity, tolerance and cooperation
in the workplace and in the community through their participation; and
these, in addition to other prepared training tools and workshops, will
be shared with the community at large.
> The Prewett Library will partner with the AUSD for the annual Young
Authors' Award, a program sponsored by the AUSD that draws
approximately 300 participants, and will provide community meeting
space and advertising. Well-known children's authors provide signed
copies of their books to the community and one copy of each book will
be given to the Prewett Library.
> The AUSD will work with school teachers to award extra credit to
students that attend Prewett Library programs.
> The City of Antioch, Leisure Services, will offer classes on such topics
as Spanish Language and the Latin culture for students K-3 and 4-7
that includes games, songs, and activities.
> The City of Antioch, Leisure Services, will offer classes that support the
Performing Arts programs of the AUSD, including instructional guitar,
instructional piano, African Dance Workshops, and auditioning for
plays for students in grades 4-7.
> The City of Antioch, Leisure Services in conjunction with the Antioch
Senior Center, will provide performances at the Library called the
Readers' Theatre Group for students and the community. The
performers read character roles from a script.
> The Library will join the City of Antioch and the AUSD as sponsors of
the City of Antioch Youth Council to hear visions and opinions for new
programs, develop leadership skills, and to allow youth to earn
community service credit.
> The Library will work with the Teen Recreation Specialist of the City of
Antioch to recruit and train volunteers for after school programs that
target middle school and elementary students.
4. The library hours of service for the public and for the students:
The Prewett Library will be open for the public and for students 64 hours per week,
seven days per week. The schedule is as follows:
Monday 10-9
Tuesday 10-9
Wednesday 10-9
Thursday 10-9
Friday 10-6
Saturday 10-6
Sunday 1-5
5. The number and classifications of staff members employed through the
Contra Costa County Library (projected):
Senior Branch Librarian
1 Lead Librarian
3 Adult Services Librarians
1 Teen Services Librarian
1 Teen Services Library Assistant
1 Youth Services Librarian
1 Youth Services Library Assistant
1 Administrative Clerk
1 Volunteer Coordinator
1 Senior Clerk
5 Clerks
2 Adult Literacy Program Staff Need to delete or add an adult literacy
component to agreement
Library Student Assistants (135 hours)
6. The use of volunteers, if any:
The City of Antioch, the Contra Costa County Library, and the AVSD will collaborate
to identify appropriate student and adult volunteers to work with students on
homework assignments. The Library has a Volunteer Coordinator who actively
solicits volunteers for all branches in the Library. She will work with the Prewett
Library staff, the City of Antioch Leisure Services staff, and the AVSD 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 volunteers include high school students
with community service goals, community college students, graduate library school
interns, retired teachers and other seniors.
7. Identification of the location of the proposed joint use project:
The joint venture programs will be housed at the Prewett Library that will be located
at the Prewett Family Park on Lone Tree Way in Antioch, California across from the
Deer Valley High School.
8. Ownership of the site, facility, furnishings, equipment, and library materials:
The Prewett Library site and facility will be owned by the City of Antioch and
operated by the Contra Costa County Library. The City of Antioch will purchase
furnishings, equipment and an opening day collection for the new facility.
9. All sources and uses of funding:
Library
Staff will manage and implement the Library Plan of Service
On-going collection development and acquisition
Training of Antioch Unified School District staff
Salaries and benefits of adult literacy staff, estimated at $12,000
School
Salaries and benefits for school staff
In-kind expertise on curriculum
Donation of one copy of each year's planned textbooks, estimated at $5,335.00
Training of Contra Costa County Library staff
City of Antioch, Leisure Services
Salaries and benefits for city staff for weekly classes to be held at the Prewett
Library
Salary and benefits for the Teen Recreation Specialist for in-kind services
Estimated contribution, $42,000
Rater 3 says that "funding issues are not clearly delineated".
10.Responsibility for facility operation, maintenance and management:
Effective with the receipt of funding from the State Library Construction and
Renovation Bond Act of 2000, the Contra Costa County Library agrees to operate
the Prewett Library and will develop an Agreement with the City of Antioch. The City
of Antioch will maintain and manage the Prewett Library facility.
11.Review and modification process for the conditions of the agreement:
The City of Antioch, the Contra Costa County Library, and the Antioch Unified
School District will meet annually to review the goals and objectives of this
agreement and create a calendar of annual planning. City, Library, and school staff
involved in delivering programs and services of this agreement directly to K-12
students will meet quarterly, or as needed, to review and modify activities [Rater 1
said this should ensure that the programs are meeting their intended goals]. The
Library, the City of Antioch, and the School District will evaluate the joint venture
programs annually and submit a report to the governing body of the City of Antioch,
the Antioch Unified School District and the Contra Costa County Library.
12.Field Act applicability to the project:
a. A statement that the project will or will not be subject to the Field Act,
The Prewett Library will not be subject to the Field Act.
b. The rationale for the determination regarding the Field Act applicability.
• Z4�',
No class larger than 24 will ever be required to attend a program or activity in the
Prewett Library as a consequence of this agreement.
13,Term: A 20-year commitment to providing joint use library services consistent
with the intent of the cooperative agreement.
The Contra Costa County Library, the City of Antioch, and the Antioch Unified
School District agree to provide joint use library services consistent with the intent of
the cooperative agreement for twenty (20) years to begin with the opening of the
Prewett Library.
14,Acknowledgement and incorporation of Education Code section 19999, and
section 20440 (e) (3) (G) of the Title 5 Library Bond Act regulations, which
require the provision of public library direct services for 40 years.
The City of Antioch agrees and Contra Costa County acknowledges the provisions
of the California Education Code section 19999 and 20440 (e) (3) (G) which require
that the facility be dedicated to public library direct service use for 40 years, following
completion of the project regardless of any operating agreements the City may have
with other jurisdictions or parties. Each governing body has approved these
provisions, as appropriate, as documented in the attached resolutions.
15.Indemnification.
Each party shall defend, indemnify, save, and hold harmless the other parties, their
agents, and employees, against any and all claims, demands, suits, costs,
expenses, and liability for any damages, injury, sickness, or death arising directly or
indirectly from, or in any way connected with, work or services performed under this
agreement by that party and shall reimburse the other parties for any expenditures,
including reasonable attorney's fees, they may make by reason of such matters.
This section shall service any termination of this agreement.
16.No Third-Party Beneficiaries
Nothing in this Agreement, express or implied, is intended to confer on any person,
other than the Parties to this Agreement and their respective successors, any rights
or remedies under or by reason of this Agreement.
17.Successors-in-Interest.
This agreement shall be binding on any successors-in-interest of any of the Parties.
18. Entire Agreement.
This agreement contains all the terms agreed to by the parties on the subject matter
of this agreement. No other understanding, oral or otherwise, regarding the subject
matter of this agreement shall be deemed to exist or to bind any of the parties.
19.Term.
This agreement becomes effective with the receipt of funding from the State of
California Library Bond Act, and will terminate 20 years from the opening date the
Prewett Library.
A LIBRARY OPERATIONS AGREEMENT 4
BETWEEN THE CITY OF ANTIOCH AND CONTRA COSTA COUNTY
FOR THE PROPOSED ANTIOCH LIBRARY
This
("Agreement")Agreement is made and entered into this . ....,,.. day of by and
g
between the City of ANTIOCH ("City"), a municipal corporation, and Contra Costa County
("County"), a political subdivision of the State of California.
RECITALS
A. The County and City agree that the current and future library needs of the area would be
served by a new library in the City of ANTIOCH.
B. The County and City agree that the City will fund the hours of operation for the new
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 an ANTIOCH Library in/at . This
agreement only refers to the above mentioned Library.
D. The City and County desire to set forth their agreement on how this Library will be
maintained and operated for at least 40 years after the opening of the Library.
AGREEMENT
1. Term and Termination. This Agreement shall become effective immediately upon
execution and shall continue for a term of 40 years from the opening of the new
ANTIOCH Library. Either party shall have the right to cancel this agreement by giving
the other party one-hundred and eighty(180)days prior written notice. Should City not
receive a grant under the Act on or before December 31,2004,this Agreement and lease
shall terminate on December 31, 2004.
2. Lease and Operation of the Library._City agrees that it will enter into a lease for the
Library to the County for a term of not less than 40 years from the opening of the
Library. _Should for any reason the County and City terminate the lease of the Library
during the term of this Agreement, or fail to enter into a lease for the Library, the City
agrees it shall maintain and operate the Library as a public library for the term of this
Agreement.
3. Operations and Maintenance of the Library. City agrees during the term of the lease to
provide funding to the County for the personnel costs, services,books, supplies,
materials and other costs to operate the new Library at 64 hours per week.
4. School-oriented Programs. City and County agree that the school-oriented programs that
are described in the agreement between the County and the City of Antioch that is
attached hereto as Exhibit 1, shall be conducted at the Library for a minimum of 20 years
from the opening date of the Library.
5. 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 Library to be used to
0:\Forms\CONTRACTiAGREEMEN\Antioch-CCC Maintenance.doc
A LIBRARY USE AND MAINTENANCE AGREEMENT
BETWEEN THE CITY OF ANTIOCH AND CONTRA COSTA COUNTY
FOR THE PROPOSED ANTIOCH LIBRARY
provide public library direct services for 40 years are hereby incorporated by reference as
though fully set forth.
7. LegalRelations and Responsibilities. It is understood and agreed that neither County nor
any officer or employee thereof is responsible for any damage or liability occurring by
reason of anything done or omitted to be done by City under or in connection with any
work, authority or jurisdiction delegated to City under this Agreement. It is understood
and agreed that pursuant to Government Code Section 895.4 City shall defend, indemnify
and save harmless County, and all County officers and employees from all claims, suits
or action of every name, kind and description brought for or on account of injuries to or
death of any person or damage to property resulting from anything done or omitted to be
done by City under or in connection with any work, authority or jurisdiction delegated to
City under this Agreement.
It is understood and agreed that neither City nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of anything done or omitted
to be done by County under or in connection with any work, authority or jurisdiction not
delegated to City under this Agreement. It is understood and agreed that, pursuant to
Government Code Section 895.4 County shall defend, indemnify and save harmless City,
and all City officers and employees from all claims, suits or actions of every name, kind
and description brought for or on account of injuries to or death of any person or damage
to property resulting from anything done or omitted to be done by County under or in
connection with any work, authority or jurisdiction delegated to County under this
Agreement.
8. Notices. All notices required or provided for under this Agreement shall be in writing
and either: (i) delivered in person and sent by facsimile or(ii) sent by certified mail,
postage prepaid,return receipt requested and by facsimile. Notice shall be deemed
effective on actual receipt or upon refusal of delivery. Notices shall be delivered or
mailed to the other party as indicated below:
Notice to the City Notice to County
City Manager Contra Costa County Librarian
City of ANTIOCH 1750 Oak Park Boulevard
P,O, Box 5007 Pleasant Hill, CA 94523
ANTIOCH,, CA 94531 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 givinv,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.
2 0:\Forms\CONTRACT\AGREEMEN\Antioch-CCC Maintenance.doc
A LIBRARY USE AND MAINTENANCE AGREEMENT
BETWEEN THE CITY OF ANTIOCH AND CONTRA COSTA COUNTY
FOR THE PROPOSED ANTIOCH LIBRARY
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 and lease referred to on page one,paragraph two (2)
constitute 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
concerning the new Antioch Library.
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. Headiness. The headings and captions used in this Agreement are for convenience and
ease of reference only and shall not be used to construe,, interpret, expand or limit the
terms or provisions of the Agreement.
15. Waiver of Breach;Notice of Alleged Breach. The waiver by one party hereto of a breach
of any term or condition of this Agreement by another party shall not be deemed a waiver
of any subsequent breach of the same or other term or condition of this Agreement, with
any subsequent breach by any party being independent of any other breach which may
have occurred prior thereto. Any party claiming that another party is in breach of this
Agreement 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(30)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.
3 0:\Forms\CONTRACT\AGREEMEN\Antioch-CCC Maintenance.doc
A LIBRARY USE AND MAINTENANCE AGREEMENT
BETWEEN THE CITY OF ANTIOCH AND CONTRA COSTA COUNTY
FOR THE PROPOSED AI's TIOCH LIBRARY
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.
4 0:\Forms\CONTRACT\AGREEMEN\Antioch-CCC Maintenance.doc
A LIBRARY USE AND MAINTENANCE AGREEMENT
BETWEEN THE CITY OF ANTIOCH AND CONTRA COSTA COUNTY
FOR THE PROPOSED ANTIOCH LIBRARY
IN WITNESS WHEREOF, the parties have executed this Agreement.
CONTRA COSTA COUNTY
a political subdivision of the State of California
Dated:
By:
Contra Costa County Board of Supervisors, Chair
CITY OF ANTIOCH
Dated:
By:
Its: Mayor
APPROVED AS TO FORM:
County Counsel
By:
REVIEWED BY:
City Attorney
By:
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