HomeMy WebLinkAboutMINUTES - 03112003 - C31 TO: BOARD OF SUPERVISORS a{ Contra
FROM: Anne Cain., County Librarian ; Costa
t
DATE: 'March 11,2003 � � Co
u nt J
SUBJECT: Approve and Authorize the County's participation in the Library Band Act applications
for a neve library in Walnut Creek
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt Resolution 2003116-bertifying a commitment to operate the completed Walnut Greek 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 a computer and homework Delp program and a
language and literacy development program that will serve public library users as well as students and parents.
Authorize the County Administrator or Designee to sign and execute a First 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 IM'P'ACT
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.
BACKGROUND
California Reading and Literac Improvement and Public Libra 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 Bored Act authorized the sale of$350 million of state general
obligation bonds for the purpose of public library construction and renovation.
Application Cycles
Applications will be accepted in three cycles:
First Cycle: June 14, 2002: The cities of Hercules and Walnut Creek submitted applications in the first round.
The City of Hercules was awarded funding on December 2, 2002.
Second Cycle: March 28, 2003: The City of Antioch is submitting an application for a new library in Antioch
which was approved by your Board on February 25, 2003. The City of Walnut Creek is submitting this revised
application for your consideration. The planning documents and the application have been revised, but do not
include substantive changes in the agreements approved by your Board on May 21, 2002.
Third Cycle: January 16, 2004: The cities of Lafayette, Pleasant Hill and San Ramon are currently working on
applications for the third cycle.
County role
This Board Order requests approval for those requirements of the application process;that are the
0:\BOS\TEMPLATE\REGUI,AR\propl4 application approval cycle 2-WC.doc
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 apublic
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 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 Murch 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 givers 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 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.
0ABOSUEMPLATE\REGULARIprop14 application approval cycle 2-WC.doc
• 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 Cade 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-p how the library will integrate appropriate electronic technologies.
CONTINUED ON ATTACHMENT: n YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR []RECOMMENDATION OF BOARD COMMITTEE'
APPROVE E)OTHER
SIGNATURE(S):
ACTION OF BOARD ON € `s ; N APPROVED AS RECOMMENDED
U OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS{ABSENT F L. _ ) ENTERED ON THE MINUTES OF THE BOARD 'OF
AYES: NOES:— SUPERVISORS ON THE DATE SHOWN,
ABSENT: ABSTAIN: ATTESTED ^}f
Contact: JOHN SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY
cc: County Library Ata STRATOR ;
County Administrator
f. 6f
County Auditor By:
Deputy
0Al30S\TEMPLATE\REGULAR\propl4 application approval cycle 2-WC.doe
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March II, 2003 , by the following vote:
AYES: SCIS+ 7I (am, umaft, GLM & DaSNIN R
NOES: NM
ABSENT: NM
ABSTAIN: N
DI=Cr III IS VAS
RESOLUTION NO. 03! 1.67
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 SUPERVISORS ON THE DATE SHOWN.
[ -
ATTEST: 1 € t t ii r f ;
Mark DeSaulnier, Chair, Board of Supervisors John Sweeten, Clerk of the Board of
"'- up scars rf; runty,Administrator
By. _._ ,__.� . �j {ter
Deputy
Orig. Dept.: County Library
cc: County Auditor
County Administrator
County Counsel
11nt-f1esvrladrninlbostreso wainut creek strop. 14 apptication.doc
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 thislday of , 20173 by and between the
Y
Cit of Walnut Creek ("City"), the County of Contra Costa("Co my") and the Walnut Creek
School District ("District")
WITNESSETH:
WHEREAS, City and District have a long history of collaboration, which has lasted for more
than 20 years, including the popular,jointly-operated summer school program"Arts,Academics
and Adventures," and shared-use agreements which provide for use of District's fields and
facilities for City sports and recreation programs, and a program to jointly fund counselors in the
schools; and
WHEREAS,the City Council of City and the School Board of 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, City, District and the community have identified additional needs of students
including insufficient materials and technology in school libraries for research,lack of evening
and weekend hours of school library service, 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 online resources in
today's information age,preschool and school age children with reading skill deficits, and a
growing population of English learners; and
WHEREAS, a New Downtown Walnut Creek Library will allow 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 County operate the
Walnut Creek Library in a building owned by City.
NOW, THEREFORE, the Parties hereby agree as follows:
L A definition of the roles and responsibilities of each party with respect to funding_,
staffing, supervision, operation, management, and ethers as applicable.
Based on receipt of a grant from the State of California Library Bond Act and contingent upon
receipt of monies by reimbursement,County acting through the Contra Costa County Library,
the City and the District agree to develop in partnership the following:
A. A Computer and Homework Help Program
B. A Language and Literacy Development Program
1
These programs will be offered in the Computer and Homework Center, the Preschool and
Children's Story Time areas, all located on the first floor, and in the Technology and Training
Center, located on the second floor,of the New Downtown Walnut Creek Library. They will
serve both public library users, and the students,parents and staff of the District for a period of
twenty years.
City will provide:
* Funding for the Programs;
* Promotion of the Programs to the community and schools within the'walnut Creek
service area that are not served by the District.
County will provide:
* Library staff and volunteers to participate in the planning, promotion,training and
delivery of services included in the Computer and Homework Help Program and the
Language and Literacy Development Program;
* Supervision and oversight of the Programs which will be offered in the Computer and
Homework Center, the Preschool and Children's Story Time areas, and in the
Technology and Training Center.
District will provide:
* Library Media Specialists to serve as liaison between District teachers and public library
staff;
* Homework support materials for the Computer and Homework Help Program;
* Promotion of the programs to the District community;
* Specialized training of public librarians and volunteers for the Programs.
The City, County and District will develop in partnership a plan for training,promotion, delivery
of services and program evaluation. City, County and District will each designate a liaison to
participate in the partnership. Each school will also assign a faculty and parent representative for
the partnership program. City, County and District will design mechanisms to evaluate program
delivery and outcomes on a quarterly basis, and submit an annual report to the City Council,
Board of Supervisors and School Board.
2. Description of the ioint library services and how they will be provided.
A. Computer and Homework Program
* The Computer and Homework Program will be offered in the Computer and Homework
Center located in the Children's Area on the first floor of the New Downtown Walnut
Creek Library;
* The Computer and Homework Center will be reserved for students from 3:00-5:00 pm,
Monday-Friday. During all other hours the Computer and Homework Center will be
open for individual use, group study and instruction;
* During program hours, students will have access to 10 multi-media technology
workstations with access to the Internet, all library databases, a variety of software
products and other electronic multimedia resources for student research needs;
2
* A range of computer literacy classes will be offered covering introductory to advanced
skill levels. Examples of planned computer instruction are:
> 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.
* Specialized print and online resource collections responsive to curriculum needs will be
available including:
➢ Access to the library 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 and materials.
• Public library staff and volunteers will provide tutoring and homework assistance for
children in grades 4-8. The Volunteer Coordinator at the New Downtown Walnut Creek
Library will manage the program.
County Responsibilities
The County will provide:
• Staffing for the program;
• A designated area for students to work on assignments;
• A warm individual welcome for students and their families;
• Help in locating appropriate resources, including information created by the teachers and
District,
• Access to databases, web sites and other media resources;
• A commitment to staff training including the purchase of professional materials;
• Instruction to students and parents about information literacy(learning to evaluate the
accuracy, relevance, appropriateness, and comprehensiveness of electronic information
sources);
• Computer literacy instruction.
District Responsibilities
The District will provide:
• Welcome meetings hosted by the Director of Curriculum at six-school sites for all
families to hear about the partnership programs and meet the District Media Specialists
and the Walnut Creek branch librarians;
• Sixteen teachers (representing grades 4-8) who will refer students to the program and
provide:
➢ Detailed descriptions of assigned projects by grade level;
3
➢ The California State Standards and Benchmarks addressed by these projects;
➢ The names of students who could benefit from assistance with prior approval
from families.
• Library Media Specialists to coordinate with classroom teachers and public library staff,
and to assist with providing homework support materials;
• Teachers who will encourage all students to make use of the Computer and.Homework
Help Program,which will be available to students from 3:44-5:44 pm Monday through
Friday;
• Training of public library staff in the District's reading comprehension strategies
including a 4-hour course provided by the District's Reading Specialist;
• An up-to-date-listing of class assignments for each grade level;
• Textbooks and other homework materials.
City Respgnkhiliti
The City will provide:
• Design and matching funds to build and furnish the New Downtown Walnut Creek
Library;
• Funding for operations of the library;
• Staffing to work collaboratively to provide outreach, publicity and marketing for
partnership programs.
Evaluation
The City, County and District will design mechanisms to evaluate program delivery and
outcomes on an on-going basis, and submit an annual report to the City Council,Board of
Supervisors and School Board.
Evaluation of program outcomes may include:
• Surveys to measure satisfaction and/or attitudinal change;
• Library records(sign-ins or count) of participation in programs;
• Increased reading, computer and research proficiency of students measured by test
scores, completed assignments, grades;
• Other evaluation criteria as may be appropriate.
B. The Lanizuaae and Literacy Development Progam
The Language and Literacy Development Program will:
• Address the emergent language and literacy needs of preschool and young school-age
children through programs designed to offer explicit instruction in"phonemic awareness"
(the ability to identify discrete spoken sounds) and reading comprehension, and
opportunities to participate in guided oral language experiences such as story times.
These children's activities will be offered in the Preschool and Children's Story Time
areas of the New Downtown Walnut Creek Library;
• Offer consistent use of the Lexile formula to identify reading levels during the provision
of services to children and through such activities as collection development and the
augmentation of the State's reading lists through local collections;
• Provide ongoing training for public librarians in oral language development, phonemic
awareness, and reading comprehension;
4
• Expand the District's family literacy program by incorporating a technology-based adult
literacy component. Parents will learn computer shills and information literacy as a
byproduct of acquiring and/or improving their English. These technology-based classes
will be offered in the Technology and Training Center located on the second floor of the
New Downtown Walnut Creek Library.
County Responsibilities
The County will provide:
• Regularly scheduled story times at the library, a minimum of one story time per day, six
days a week, for children ages 3-5;
• Commitment to learning the Lexile approach of identifying reading levels and to assisting
children to find appropriate titles for their reading ability;
• Librarians to participate in the professional training provided by District;
• Librarians to facilitate the technology-based adult literacy program;
• Librarians to visit elementary school sites,beginning with District's most linguistically
diverse site, to introduce families to the services and programs the New Downtown
Walnut Creek Library will offer;
• Outreach to preschool and family day care programs in Walnut Creek;
• Outreach to school age after school care programs.
District Responsibilities
The District will provide:
• Training classes for public library staff by District Reading Specialist. Training updates
for media specialists and public librarians will be offered annually;
• Participation by 40 K.-1 teachers who will identify students who might benefit from the
Language and Literacy Development Program and contact their families;
• The services of the Director of Curriculum who will oversee family referrals and provide
coordination between the Library and District staff, and the"Leemos Juntas"Program at
Buena Vista Elementary School, which targets English language instruction for
immigrant families;
• Publicity through the School District's Curriculum Office to promote the program to
parents and caregivers.
City Responsibilities
The City will provide:
• Design and matching funds to build and furnish the New Downtown Walnut Creek
Library;
• Funding for operations of the library;
• Staffing to work collaboratively with partners to provide outreach publicity and
marketing for the partnership programs.
Joint Responsibilities
• The City, County and District will participate in collaborative collection development of
children's material that indicates Lexile levels and family literacy materials to maximize
the cost-effectiveness of resources;
5
* The City, County and District will work collaboratively to develop the Library's
language and literacy programs,provide outreach to children and families, and promote
the Language and Literacy Development Program.
Evaluation
City, County and District will design mechanisms to evaluate program delivery and outcomes on
an on-going basis, and submit an annual program report to the City Council, Board of
Supervisors and School Board.
Evaluation of program outcomes may include:
• Surveys to measure satisfaction and attitudinal change;
• Library records (sign-ins or count)of participation in programs;
• District assessments in phonemic awareness and concepts about print;'
* Running records of reading fluency;
• Test scores including California English Language Development Test(CELDT);
* Other evaluation criteria as may be appropriate.
3 The library hours of service for the public and for students.
The New Downtown Walnut Creek Public Library shall have 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.
The Computer and Homework Center will be reserved for students from 3:00-5:00 pm,Monday
through Friday. During all other hours, the Computer and Homework Center will be open for
individual use, group study and instruction.
4. The number and classifications of staff members.
The New Downtown Walnut Creek Library will be staffed by a Senior Librarian-.5 FTE; Lead
Librarian-1 FTE; Librarians-4 FTE; Library Assistants-3 FTE; Senior Clerk-1 FTE; Clerks-4.5
FTE; Volunteer Coordinator-.5 FTE and Library Assistants-135 hrs.
The City's Youth &Family Services Coordinator, the District's Director of Curriculum, and the
Walnut Creek Library Youth Services Librarian will form the development team for the
partnership programs. The day-to-day management and supervision of the programs will be the
responsibility of the Walnut Creek Library Youth Services Librarian.
6
Staffing, qualifications, and estimated time commitments to the project are:
city
The Youth&Family Services Coordinator will manage City's responsibilities in implementing
the project and will serve as City's liaison to the New Downtown Walnut Creek Library. The
Assistant Public Information Officer will develop marketing materials and work with the Youth
and Family Services Coordinator to promote the programs. Staff who will be involved and their
estimated time commitments are:
Staff Annual_Hours_ FTE
Youth&Family Services Coordinator 160 .077
Assistant Public Information Officer 20 .001
TOTAL 180 .078
The Youth &Family Services Coordinator will have a Master's in Public Administration, Social
Work or Education and a minimum of 5 years experience in youth-related program development
and community outreach. The Assistant Public Information Officer will have a Bachelor of Arts
degree and at least two years of experience working in public relations.
Count
The County's Youth Services Librarian will manage County's responsibilities in implementing
the project and will serve as County's liaison to the New Downtown Walnut Creek Library,
Staff who will be involved and their estimated time commitments are:
Staff Annual Hours FTE
Librarians (2) 520 .25
Library Assistants (2) 520 .25
Library Clerks (2) 520 .25
Volunteer Coordinator(1) 520 .25
TOTAL 2080 1.00
Librarians will have Masters in Library or Information Science. Library Assistants will have
Bachelor of Arts degrees or at least two years of experience working in libraries. Library Clerks
will have high school diplomas and one year of clerical experience. The Volunteer Coordinator
will have a Bachelor of Arts degree.
District Staff
The District's Director of Curriculum will manage District's responsibilities in implementing the
project and will serve as District's liaison to the New Downtown Walnut Creek Library. Staff
who will be involved and their estimated time commitments are:
Staff Annual Hours FTE
Director of Curriculum(1) 30 .02
Teachers (40-3hrs ea.) 120 .095
Teachers (16-2hrs ea.) 32 .025
Library Media Specialists (6) 48 .01
Reading Specialist(1) 10 .01
Adult Literacy Trainer(1) 40 .03
TOTAL 280 .190
All of the teaching staff will have teaching credentials. The Director of Curriculum will also
have an administrative credential. Library Media Specialists will work under the supervision of
the Director of Curriculum.
7
5. The use of volunteers.
City, County and District will collaborate to identify appropriate student and adult volunteers to
work with students on homework assignments and computer instruction, and to assist librarians
with the Language and Literacy Development Program. Bilingual volunteers will be actively
recruited for these positions.
The Library system has a Volunteer Coordinator who actively solicits volunteers for all branches
in the Library. This Coordinator will work with the.Downtown Walnut Creek Library staff,
including the Walnut Creek.Library Volunteer Coordinator, to develop a volunteer recruitment
plan and training program. Centra 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.
The Friends of the Walnut Greek Library have an active volunteer base and will recruit
volunteers for the programs through the Friends newsletter, at meetings, events and book sales.
The City has a volunteer program and will actively recruit volunteers through its Citizen
Institute, Community Connection program,various newsletters and City website.
The District will recruit volunteers through the PTA's, school newsletters and District website.
6. Location of Joint Use Proiect.
The Computer and Homework Center, the Preschool and Children's Story Time areas, and the
Technology and Training Center will be housed in the New Downtown Walnut Creek Library,
which will be located at 1644 N. Broadway in Walnut Creek, the location of the existing Walnut
Creek Library.
7. Ownership of the site facili furnishins e ui ment and librarymaterials.
The 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.
8. All sources and uses of funding.
The City will construct, furnish and provide equipment to create the Computer and.Homework
Delp Program and.the Language and Literacy Development Program. Funds for design,
construction, furniture and equipment will be paid for through the City's General Fund,the
Library Bond Act and donations. City, County and District will fund operating oasts. All parties
will contribute annually to the fallowing partnership solely for these programs.'
County Uses and Funds
Salaries and benefits for Library staff;
On-going collection development;
Staff training materials;
8
Marketing and publicity;
Staffing estimated @ $53,500; Material costs estimated rx. $9,500.
District Uses and Funds
Salaries and benefits for District staff;
Training of County librarians,District media specialists and volunteers;
School materials for the programs (in-kind);
Expertise in teaching strategies and curriculum (in-kind);
Marketing and publicity;
Staffing estimated @$10,204; Material costs estimated @ $1,000;
In-kind contribution for school materials and teaching expertise estimated @ $5,000.
City Uses and Funds
Salaries and benefits for City staff;
Equipment upgrade and maintenance;
Marketing and publicity;
Staffing estimated @$6,500; Material costs and equipment maintenance estimated @ $5,000.
9. Responsibility,for facilifv operation, maintenance, and management.
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
Creep 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 of this Joint Use Cooperative Agreement will review the outcomes of
the goals set forth 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 project:
A. 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 go to
the public library for educational purposes, simultaneously on a regular basis.
B. The Computer and Homework Help Program will be offered after school and available to
students on a voluntary basis. Students will not be required to attend the Computer and
Homework Help Program or the Language and Literacy Program as part of the required
educational program with the School District.
9
12. A 2b!- ear commitment to providin joint use library services consistent with the intent
of the cooperative agreement.
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 Creep
Library. The commitment to provide services over the 20-year period is contingent on the City
receiving reimbursement funds in accordance with the Library Bund 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.
1.3. 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:.
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.
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.
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 City
Director of Arts, Recreation and Community Services
P.O. Box 8039
Walnut Creek, CA 94596-8039
Facsimile: (925) 939-1458
to
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 94596
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 lfacsimile 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 ALYreement.
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.
This Agreement may only be amended by a written instrument signed by all ofthe parties hereto.
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. 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.
11
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
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. Governinz Laws_.Jurisdiction and Venue.
This Agreement shall be governed by and construed in accordance with the laves 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 Invaliditv 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.
26. Successors and Assiens; 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.
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. 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.
12
IN WITNESS WHEREOF,the parties have executed this Agreement.
CONTRA COSTA COUNTY
a political subdivision of the State of California
Dated: r _ ,
By:
Its: County Administrator or Designee
WALNUT CREEK SCHOOL.DISTRICT
Dated:
By.
Its: Superintendent or Designee
CITY OF WALNUT CREEK, a municipal corporation
Dated: !$',.003
Mayor
APPROVED AS TO FORM:
County Counsel School District Attorney
By: C By: " "'� '
Reviewed by:
City Attorney
Attest By WJ
City Clerk
13
FIRST 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
This Agreement("Agreement")is made and entered into this 1$1A day of , 2403 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 Downtown Walnut Creek library(the New Library) in
Civic Park.
D. The City and County 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 in an
Agreement date June 4, 2002 ("2002 Agreement").
E. The City and County desire to amend the 2042 Agreement to reflect a new joint use
agreement that has been negotiated with the Walnut Creek School District
AGREEMENT
1. Amendment. Paragraph 4 of the 2042 Agreement is hereby amended to read as follows:
"4. School-oriented Programs. City and County agree that the school-oriented programs that are
described in that certain agreement between the City, County and Walnut Creek School District
which is attached hereto as Exhibit 1 shall be conducted at the New Library for a minimum of 20
years from the opening date of the New Library.
2. 2042 Agreement Remains in Full Force and Effect. Except as provided above, the provisions
of the 2002 Agreement shall remain in full force and effect.
3. Warranty of CaDacity 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.
4. Original Counterparts. This Agreement shall be executed in two (2)original counterparts,
each of which shall be deemed an original, but all of which shall constitute but one and the same
instrument.
IN.WITNESS WHEREOF, the parties have executed this Agreement.
CONTRA COSTA COUNTY
a political subdivision of the State of California
Dated:-.- tom_( Ll3t
By:
Its: County Administrator or Designee
CITY OF A CREEK
Dated:_,
By:
Its: City Manager or Designee
APPROVED AS TO FORM:
Attest by: ,
County Counsel.....h�g& , City Clerk
By:
REVIEWED BY:
City Attorney
By:
2
A LIBRARY USE, OPERATIONS AND MAINTENANCE AGREEMENT
BETWEEN THE CITY OF WALNUT CREED AND CONTRA COSTA COUNTY
FOR THE PROPOSED WALNUT CREED.LIBRARY
This Agreement("Agreement") is made and entered into this 6 day of 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. Term. 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
O:\Fomas\CONTRACT\AGREENMM W CL-Downtown.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 Aca.lanes Union High School District, which are attached hereto as Exhibits 1
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. Conte ingent Qperation 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 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 panty as
indicated below:
O:LFomtslCONTRACnAGKEENMMWCL•bowntown.doc 2
Notice to the City:
City Manager
City of Walnut Creek
P.O. Box 8039
Walnut Creek, CA 94596
Facsimile: (925) 943-5897
Notice to County:
Contra Costa County Librarian
1750 Oak Park Boulevard
Pleasant Hill, CA 94523
Facsimile: (925) 6466461
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 tither 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 fright 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 Alle-ed 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
0:1Fo ms�.CONTRAClUCsREEN EN\WCL-Mwntown.doc 3
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$eneficiM, 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 Assi ent. 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.
o:\FonnsICONTRACTIAGREEN EEMWCL-Downtown.doc 4
M
TN WITNESS V#MREOF,the parties have executed this Agreement.
CONTRA COSTA COUNTY
a political subdivision of the State of California
Dated:
By:
Its: County Administratoror Designee
CITY OF WALNUT CREEK
Dated: �' . cJ z,
ts: City Manager or Designee
APPROVED AS TO FORM:
County Counsel
By: .
�. m6
REVIEWED BY:
City Attorney
By:
0:1Forms\CONTPACT\AG)tEkMEN1WCL,bowntown.doc 5