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HomeMy WebLinkAboutMINUTES - 11042003 - C68 TO: BOARD OF SUPERVISORS Contra r .r t FROM: Anne Cain, County Librarian Costa DATE: November 4, 2003 �° -. County SUBJEXT: Approve and Authorize the County's Participation in the Library Fond Act Application for a New:Library in Lafayette AC I SPECIFIC REQUEST(S)OR RECOMMENDATION(S) & BACKGROUND ANIS JUSTIFICATION RECOMNIENDATION Adopt Resolution certifying a commitment to operate the completed Lafayette Library and Learning Center and provide public library direct services. Authorize the County Administrator or Designee to sign and execute an agreement with the City of Lafayette,the Lafayette School District, and the Acalanes Union High School District to develop and operate a Homework Center, an Arts and Science Discovery Center, and a Technology Lab to provide joint venture library services in the Lafayette Library and Learning Center. The Lafayette Library and Learning Center will serve both K-12 students and public library users for a period of twenty years. Authorize the County Administrator or Designee to sign and execute an agreement with the City of Lafayette to operate the Lafayette Library and Learning Center. Authorize the County Librarian to sign the application submitted by the City of Lafayette as the administrative agent for the jurisdiction operating the library. Authorize the County Librarian to submit a plan of service for the Lafayette Library and Learning Center. This is a required element of the Bond Act regulations. FINANCIAL IMPACT The operating agreement with the City of Lafayette specifies that the City of Lafayette will provide funding to the County for the personnel costs,services, books, supplies,materials and other costs to operate the new library if the City desires a higher level of service than the general level provided by the County at all community libraries. BACKGROUND California Readiniz and Literaev Improvement and Public LibM 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 I ,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. f' CONTINUED ON ATTACHMENT: YES SIGNATURE: ['RECOMMENDATION OF COUNTY ADMINISTRATOR [❑ RECOMMENDATION OF BOARD COMMITTEE [ )(OPROVE ® OTHER SIGNATURE(S) - y it ACTION OF BC�JA PVt hE - M ? ,: � 3G .y APPROVED AS RECOMMENDED OTS M VOTE OF SUPERVISORS: l HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED UNANIMOUS(ABSENT '-` ) ON THE MINUTES OF THE BOARD OF SUPERVISORS AYES: NOES: ON THE DATE SHOWN. F ABSENT: ABSTAIN: ATTESTED y Contact: JOHN SWEETEN,CLERK OF THE BOARD OF SUPE VIS RS AND COUNTY ADMINISTRATOR cc: County Library County Administrator By; County Auditor poxty County Counsel City of Lafayette Approve and Authorize the County's Participation in the Library Bond Act Application for a New Library in Lafayette Page 2 Application Cvcles 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 City of Antioch submitted an application for a new library in Antioch. The City of Walnut Creek submitted a revised application for a library to replace the existing library in Civic Park. The State Bond Board met on October 28,2003 to consider the second round applications. Third Cycle: January 16,2004: The cities of Lafayette and San Ramon are planning to submit applications for the third cycle. This board order covers the Lafayette project,the San Ramon project will be scheduled for your December 9, 2003 meeting. County Role This Beard Order requests approval for those requirements of the application process that are the responsibility of the County Library. l. Library Director signature The application requires the signature of the elected official of the applicant jurisdiction (the City of Lafayette). 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. • 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 Lafayette to develop both start-up expenses and annual operating expenses for the new library. The projected operating budget must be submitted as part of the application package. The operating agreement with the City of Lafayette specifies that the City of Lafayette will provide funding to the County for the personnel costs, services, books,supplies, materials and other costs to operate the new library if the City desires a higher level of service than the general level provided by the County at all community libraries. oABM,prap I4 application approval cycle 3-Lafayette.dac Approve and Authorize the County's Participation in the Library Bond Act Application for a New Library in Lafayette Page 3 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 Lafayette and Acalanes School Districts and the City of Lafayette to develop a joint venture project 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 fallowing 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. 0:\B0S\propl4 application approval cycle 3-Lafayette.doc THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on November 04, 2003 ,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER and npSOLNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO, 2003/680 SUBJECT: Operation of Library Service in a new Lafayette Library WHEREAS, the City of Lafayette is applying for California Reading and Literacy Improvement and Public Library Construction and Renovation Band 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 Lafayette wants the County to operate the new library. NOW, THEREFORE, this Board RESOLVES that: Contra Costa County agrees to operate the completed Lafayette Library and Learning Center facility proposed in the Lafayette application and to provide public library direct service. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTEST: ' ' `" r . Mark DeSaulnier, Chair, Board of Supervisors John Sweeten, Clerk of the Board of Supervisors and County Administrator dj By: 't eputy Orig. Dept.: County Library cc: County Auditor County Administrator County Counsel City of Lafayette o:lposlreso Lafayette prop.14 application.doc DAF' A LIBRARY USE, OPERATIONS AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF LAFAYETTE AND CONTRA COSTA COUNTY FOR THE PROPOSED LAFAYETTE LIBRARY AND LEARNING CENTER This Agreement("Agreement")is made and entered into this_day of ,2003 by and between the City of Lafayette ("City") and Contra Costa County ("County"), a political subdivision of the State of California. RECITALS A. The Lafayette Library is owned by Contra Costa County. The City and County are parties to that certain agreement dated January 16, 1996. B. The County and City agree the existing building is outdated and inadequate for the current and future library needs of the area served by this library. C. The City intends to apply for funding under the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 (the Act). The funding would be used to construct a new Lafayette library (the New Library)at the site of the existing Veteran's Memorial Hall. D. The City and County desire to set forth their agreement on how the New Library will be maintained and operated for at least 40 years after the opening of the New Library. AGREEMENT 1. Tenn. This Agreement shall become effective immediately upon and shall continue for a term of 40 years from the opening of the New Library. Should City not receive a grant under the Act on or before December 31, 2004,this Agreement shall terminate on December 31, 2004: 2. Lease of the New Library. City agrees that it will enter into a lease for the New Library to the County for a term of not less than 40 years from the opening of the New Library. 3. Operations and Maintenance_ of the New Library. County agrees during the term of the lease to provide the personnel, services,books, supplies and materials to operate the New Library at a level agreed to by City and County,but in no instance at a service level less nor more than that generally provided at other branch libraries in the County library system. To C:,W INNnT$M?\Lafayettc.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 Lafayette School District, the Acalanes union High School .District, and the City which are attached hereto as Exhibit I, 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 Library_. 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 end 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: CAWth? Tt TOMP\Lafayette.doc 2 Notice to the City: City Manager 3675 Mt. Diablo Blvd., #210 Lafayette, CA 94548 Facsimile: (925)284-3169 Notice to County: Contra Costa County Librarian 1750 Oak Park Boulevard Pleasant Hill, CA 94523 Facsimile: (925) 646-6461 The address or facsimile number of any party or person herein designated to receive notices may be changed by delivering or mailing and faxing notice of such neva 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 DoLing. 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 Agreernerit. 11. Entire Agreement. This Agreement constitutes the entire Agreement between the City on the one side and the County on the other with respect to the subject matter of this Agreement. This Agreement is specifically intended by the parties to supersede all prior negotiations and agreements between the City on the one side and the County on the other. 12. Amendments. This Agreement may only be amended by a written instrument signed by both of the parties hereto. 13. Rules of Interpretation. This Agreement and each of its provisions shall be deemed to be jointly prepared by the parties hereto, and no party shall claim the benefit of any rule of interpretation of this State, whether by statute or otherwise, which would cause ambiguities in this Agreement or any of its provisions to be interpreted against the party who drafted it or whose attorney drafted it. 14. Headings. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand or limit the terms or provisions of the Agreement. 15. Waiver of Breach; Notice of Alleged Breach. The waiver by one party hereto of a breach of any term or condition of this Agreement by another party shall not be deemed a waiver of any subsequent breach of the same or other term or condition of this Agreement, with any CAW INN£\TEMP\Lafayene.dsc 4 C:\W INN*nTEMP\Lafayene.dx 3 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. 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. C:\WINNnTEMP\La€ayette.doc 5 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 LAFAYETTE Dated: By: Its: City Manager or Designee APPROVED AS TO FORM: County Counsel By: REVIEWED BY: City Attorney By: CAWINNMEMP\Lafayette.doc 6 DRAFT A JOINT VENTURE COOPERATIVE AGREEMENT FOR THE LAFAYETTE LIBRARY AND LEARNING CENTER 1. Parties and Purpose: This Joint Venture Cooperative Agreement for the Lafayette Library and Learning Center ("Agreement") is entered into as of the day of 2003 by and between the Contra Costa County Library, the City of Lafayette, the Lafayette School District, and the Acalanes Union High School District(sometimes referred to herein as "Parties"). Effective with the receipt of funding from the Stag of California Library Bond Act, the Contra Costa County Library, the City of Lafayette, the Lafayette School District, and the Acalanes Union High School District agree to develop and operate a Homework Center, an Arts and Science Discovery Center, and a Technology Lab to provide joint venture library services in the Lafayette Library and Learning Center. The Lafayette Library and Learning Center will serve both K-12 students and public library users for a period of twenty years, with joint venture library services to provide the following programs. • A Learning Enhancement Program with specialized resource collections and services that respond to the curriculum and homework help needs of elementary, middle and high school students • An Arts and Sciences Enrichment Program that offers specialized resource collections, exhibits and activities to supplement school curricula and develop strong arts and science literacy skills in K-12 students • A Lafayette History Learning Program that offers specialized resource collections, exhibits and programs that support the local history curriculum for third grade students 2. Rules and Responsibilities: The Contra Costa County Library will operate the Library and provide staff training, professional development, ongoing collection development, long-range planning, and implementation of the Library Plan of Service. Library staff will include a Programs Coordinator and a Homework Center Coordinator to direct the activities of the joint venture library services. City of Lafayette staff will be assigned, as part of their responsibilities, liaison duties for the joint venture library services and will participate in annual planning and review. The City will provide funding for an increased level of Library service, including additional Library hours and staffing, to meet the service goals of the Programs. The City will provide funding for weekly arts and science programs and will provide access to the programming resources 10/22/2003 1 of 11 DRAFT of the Glenn Seaborg Learning Consortium, a collaborative network of educational and cultural institutions. Lafayette School District staff will be assigned, as part of their responsibilities, liaison duties for the joint venture library services and will participate in annual planning and review. The Lafayette School District will participate in the development of programs and services that support the learning enhancement, arts and science enrichment, and local history learning needs of students in grades K-8. The Lafayette School District will provide staff to supervise and conduct the activities associated with the after-school reading intervention program, the after-school math intervention program, the middle school Science Club, and local history curriculum. Lafayette School District will donate one copy of each year's planned textbooks to support the resource collection of the homework center. Acalanes Union High School District staff will be assigned, as part of their responsibilities, liaison duties for the joint venture library services and will participate in the annual planning and review. The Acalanes Union High School District will participate in the development of programs and services that support the learning enhancement and arts and science enrichment needs of students in grades 9-12. The Acalanes Union High School District will provide staff to identify potential tutors and to refer students with tutoring needs. The Acalanes Union High School District will donate one copy of each year's planned textbooks for core classes to support the resource collection of the homework center. 3. Joint Venture Library Services: The joint venture library services consist of the Learning Enhancement, Arts and Science Enrichment, and Lafayette History Learning Programs offered through the Homework Center, the Arts and Science Discovery Center and the Technology Lab of the Lafayette Library and Learning Center. These services are the result of the needs assessment process conducted with the Lafayette community, including the administrators, teachers, students, and parents of the Lafayette School District and the Acalanes Union High School District. Learning Enhancement Program Learning enhancement activities offered at the Lafayette Library and Learning Center will supplement the academic curriculum of K-12 students outside of the traditional school environment. These activities will include homework help and tutoring,math and reading intervention, and study/research skills training. • The Homework Center will be open for student use Monday through .Friday, from 2:30 p.m. to 5:30 p.m. During these hours, the Library's Homework Center Coordinator will supervise activity, provide homework help and coordinate one-on-one or group tutoring for K-12 students. • Lafayette School District and Acalanes Union High School District staff will identify and refer students to the Homework Center for tutoring assistance. 10/22/2003 2 of 11 DRAFT • The Homework Center Coordinator will work with the Contra Costa County Library Volunteer Coordinator to recruit and train members of the community to serve as volunteer tutors for K-12 students. • The Library will provide opportunities for Acalanes union High School District students to satisfy school service requirements through volunteer work as a tutor with the Lafayette Library and Learning Center. High school students may serve as tutors for K-8 students or as peer tutors for other high school students. Library staff will work with Acalanes Union High School District staff to identify and train potential tutors. • The Lafayette School District will provide the staff and materials needed to conduct Reading Racks, an after-school reading intervention program, twice per week in the Library. This voluntary program offers tutorial assistance to middle school students identified and referred to the program.by Lafayette School District teachers. • The Lafayette School District will provide the staff and materials needed to conduct Math Sense, an after-school math intervention program, twice per week in the library. This voluntary program offers tutorial assistance to middle school students identified and referred to the program by Lafayette School District teachers. • The Lafayette School District will provide the staff and materials needed to conduct weekly after-school Science Club meetings for middle school students in the Arts and Science Discovery Center. • The Lafayette School District will donate one copy of each year's planned textbooks for the Library's collection and the Acalanes Union High School District will donate one copy of each year's planned textbooks for core classes. These textbooks will be housed in the Homework Center and available for student use in the Library. • Contra Costa County Library will provide specialized print and electronic resource collections that are responsive to curriculum needs and Lafayette Library staff will provide appropriate support tools, such as bibliographies, Web site lists, and pathfinders. • The Library will offer computer literacy workshops and instructional activities in the Technology Lab for the students, teachers and parents of the Lafayette School District and the Acalanes Union High School District,to include: Introduction to the Library's Web site and its many online resources How to search the Internet and identify legitimate Web sites for student research How to use application software, such as Nord, Excel,Access and PowerPoint How to study for the SATs and other test-taking skills Arts and Science Enrichment Program The Lafayette Library and Learning Center,will offer weekly arts and science activities for students and their families. The activities will include visiting exhibits, speaker forums, workshops, short courses and demonstrations designed to provide arts and science opportunities not available through the schools. Many of these activities will be developed in cooperation with the Glenn Seaborg Learning Consortium, a collaborative network created by the City of Lafayette to bring the programming resources of several San Francisco Bay 10/2212003 3 of 11 DRAFT Area educational and cultural institutions to Lafayette (Attachment A). The Arts and Science Discovery Center will provide an interactive, flexible learning environment for the variety of hands-on activities that will be offered. • Library, City of Lafayette, Lafayette School District, and Acalanes Union High School District representatives will meet annually to jointly plan a calendar of arts and science enrichment activity. The Library's Programs Coordinator will implement the annual plan. • The City of Lafayette will provide funding for activities offered through the Arts and Science Enrichment Program and will provide access to programming resources of the Glenn Seaborg Learning Consortium. • Library staff will coordinate, promote, and facilitate the delivery of all arts and science activities. • The Library will provide a resource collection that supports both the arts and science curriculum of K-12 students and the activities of the Arts and Science Enrichment Program. Lafayette School District and Acalanes Union High School District staff will provide recommendations for arts and science materials to include in the Library's collection. • Library and Lafayette School District staff will collaborate with such organizations as the Lafayette Arts and Science Foundation to develop and present annual media literacy programs and displays that encourage students to approach media with questioning minds and demonstrate how to access, evaluate, and produce communication in a variety of formats. • Library and Lafayette School District staff will collaborate with such organizations as the Lafayette Arts and Science Foundation to develop and present annual Art of the Book programs and displays that augment the middle school curricula on printing and book binding. • Library staff will work with Lafayette School District staff and Acalanes Union High School District staff to identify student artwork and science projects for exhibition in the Library. Local History Learning Program The Lafayette Library and Learning Center will provide a base for the exploration of Lafayette history in support of the third grade local history curriculum. The Lafayette Library and Learning Center will house a Lafayette Heritage Collection that includes books, maps, documents, photos and artifacts for student use. • The Library will provide space for displays and exhibits to support the Lafayette School District's third grade local history curriculum. Library staff will collaborate with such organizations as the Lafayette Historical Society to acquire and prepare relevant materials for the exhibits and displays. 10/22/2403 4 of 11 DRAFT • Library and Lafayette School District staff will collaborate with such organizations as the Lafayette Arts and Science Foundation and the Lafayette Historical Society to plan and develop programs and activities to supplement the annual walking tour of Lafayette, a component of the third grade local history curriculum. 4. Hours of Service: The Lafayette Library and Learning Center will be open for the public and for students 60 hours per week, six 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 S. Lafayette(..library and Learning Center Staff: The Contra Costa County Library shall employ the following staff members for the Lafayette Library and Learning Center: Senior Branch Librarian 1.0 FTE Adult Services Librarian 1.0 FTE Teen Services Librarian 1.0 FTE Youth Services Librarian 1.0 FTE Programs Coordinator 1.0 FTE Homework Center Coordinator 0.5 FTE Library Assistants 2.0 FTE Clerks 2.5 FTE Library Student Assistants 90 hours 6. Use of Volunteers: The Contra Costa County Library, City of Lafayette, Lafayette School District and Acalanes Union High School District will collaborate to identify appropriate student and adult volunteers to support the activities of the Programs and to provide homework and tutoring assistance for K-12 students. The Contra Costa County Library has a Volunteer Coordinator who actively solicits volunteers for all branches in the Library. She will work with the Lafayette Library Programs Coordinator, Lafayette Library Homework Center Coordinator, the City of Lafayette, the Lafayette School District and the Acalanes Union High School District 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 10/22/2003 5 of 11 DRAFT goals, community college students, graduate library school interns, retired teachers and other seniors. 7. Location of the Joint Use Project: The Joint Venture Programs will be housed in the new Lafayette Library and Learning Center to be located on the corner of Mt. Diablo Boulevard and First Street in Lafayette. 8. Ownership of the Site, Facility, Furnishings, Equipment, and Library Materials: The Lafayette Library and Learning Center site and facility will be owned by the City of Lafayette and operated by the Contra Costa County Library. Furnishings and equipment will be owned by the City of Lafayette and library materials will be owned by Contra Costa County Library. 9. Sources and Uses of Funding: Contra Costa County Library Salaries and benefits for Library staff, estimated at $ Management and implementation of the Library Plan of Service Collection development and acquisition Operation and supervision of the Homework Center Operation and supervision of the Arts and Science Discovery Center Operation and supervision of the Technology Lab Training for Lafayette School District ana Acalanes Union High School District staff City of Lafayette Salary and benefits for City staff Funding for additional Library hours and staff, estimated at$ Funding for K-12 arts and science programs, estimated at$25,000 Lafayette School District Salaries and benefits for school staff, estimated at $10,000 Salary and benefits for reading intervention specialist, estimated at$5,400 Materials for reading intervention program, estimated at $2,500 Salary and benefits for math intervention specialist, estimated at $5,400 Materials for math intervention program, estimated at$2,500 Salaries and benefits for middle school Science Club advisor, estimated at $5,400 Materials for middle school science club activities, estimated at$1,500 Donation of one copy of each year's planned textbooks, estimated at$500 In-kind expertise on curriculum Acalanes Union High School District Salaries and benefits for school staff, estimated at $3,920 Donation of one copy of each year's planned textbooks for core classes, estimated at$4,320 In-kind expertise on curriculum 10/22/2003 6 of 11 DRAFT 10. Library Operation,Maintenance and Management: Effective with the receipt of funding from the State Library Construction and Renovation Bond Act of 2000, the Centra Costa County Library agrees.to operate the Lafayette Library and Learning Center and will develop an agreement -with the City of Lafayette. The City of Lafayette will maintain and manage the Lafayette Library and Learning Center facility. 11. Review and Modification Process for the Agreement: The Contra Costa County Library, the City of Lafayette, the Lafayette School District, and the Acalanes Union High School District will meet annually to review the goals and objectives of this Agreement. Amendments to the Agreement will require written approval by the governing bodies of all Parties. An annual presentation will be made to each governing body, highlighting the success of the collaborative projects and introducing planned activity. 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. 12. Field Act Applicability to the Project: a. The Lafayette Library and Learning Center will not be subject to the Field Act. b. No Lafayette School District or Acalanes Union High School District class larger than 24 students will ever be required to attend a program or activity in the Lafayette Library and Learning Center as a consequence of this Agreement. 13. Term of the Agreement: This Agreement becomes effective immediately upon the completion of the execution of this Agreement by all the Parties and with the receipt of funding from the State of California Library Bond Act. This Agreement shall commence a 20-year commitment to provide joint use library services consistent with the intent of this Agreement and will terminate 20 years from the opening date of the Lafayette Library and Learning Center. The Parties may extend the terra of this Agreement through written agreement. 14. Provision of Public Library Direct Services: The City of Lafayette agrees and Contra Costa County acknowledges the provisions of the California Education Code section 19999 and Title 5 Library Bond Act Regulations section 20440 (e) (3) (0) 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. 10/22/2003 7 of 11 DRAFT 15. Insurance: The Contra Costa County Library, the City of Lafayette, the Lafayette School District, and the Acalanes Union High School District shall each maintain insurance coverage for their responsibilities under this Agreement as follows: • Comprehensive General Liability insurance in minimum limits of one million ($1,000,000) dollars per occurrence • Workers' Compensation coverage in minimum limits required by California law • Automobile Liability Insurance covering owned, hired and non-owned autos in minimum limits of$1,000,000 combined single limit Each Party shall provide each of the other Parties with a certificate of insurance evidencing the foregoing coverage upon signature of this Agreement and thereafter upon request. Each Party's insurance coverage shall contain an endorsement that provides that no coverage shall be canceled except upon the provision of thirty (30) days prior written notice to all of the other Parties. 16. Indemnification: Each Party shall defend, indemnify, save, and hold harmless the other Parties, their agents, and employees, against any and all claims, demands, suits, costs, expenses, and liability for any damages, injury, sickness, or death arising directly or indirectly from, or in any way connected with, work or services performed under this Agreement by that Party and shall reimburse the other Parties for any expenditures, including reasonable attorney's fees and other costs and expenses they may make by reason of such matters. This section shall survive any termination of this Agreement. 17. 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. 18. Successors-in-Interest: This Agreement shall be binding on any successors-in-interest of any of the Parties. 19. 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. 10/22/2003 8 of 11 DRAFT 20. Notice: All notices required or given under this Agreement by one Party to the others shall be in writing and shall be sent by first class mail: Contra Costa County Library 1750 Oak Park Boulevard Pleasant Hill, California 94523-4497 Attn: County Librarian City of Lafayette 3675 Mt. Diablo Blvd., 4214 Lafayette, California 94549-1968 Attn: City Manager Lafayette School District P.O. Box 1029 3477 School Street Lafayette, California 94549 Attn: Superintendent Acaianes Unified High School District 1212 Pleasant Hill Ind. Lafayette, California 94549 Attn: Superintendent 21. Assignments and Sublease: This Agreement, or any interest of the Parties therein, shall not at any time be assigned without the prior written consent of all the Parties. The Parties shall at all times remain liable for the performance of the conditions to be performed pursuant to this Agreement, notwithstanding any assignment or transfer which may be made. 22. Validity: If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall, to any extent, be adjusted invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 23. Waivers The failure of any Party to insist upon strict performance of any of the terms, conditions, or covenants in this .Agreement shall not be deemed a waiver of any right or remedy of a subsequent breach or default of the same or different term, condition or covenant. 1.0/22/2003 9 of 11 DRAFT 24. Independent Contractors. This Agreement is not intended and will not be construed to create the relationship of principal-agent, master-servant, employer-employee among or between any of the Parties. The Parties are independent contractors to each other and each is responsible to the other for completing the services required of each of them.hereunder. 25. Employees. Each Party shall be solely responsible for compensating and providing benefits for its employees to fulfill its obligations hereunder. No Party shall have any rights or responsibilities with respect to any other Parties' employees, agents or contractors. 10/22/2003 10 of I I DRAFT IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date(s) indicated below: Contra Costa County Library: By: Date: Anne Cain, County Librarian City of Lafayette: By: Date: Carol Federighi, Mayer Lafayette School District: By: Date: Jan Frank, Superintendent Acalanes Union High School District: By: Date: Randall Olson, Superintendent Attest: By: Date: County Clerk Approved As To Legal Forza: By: Date: County Counsel 10/22/2003 11 of 11