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HomeMy WebLinkAbout25D - EXTENDED LIBRARY HOURS REQUEST FOR COUNCIL ACTION ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 21, 2009 TITLE: APPROVED As Recommended COOPERATIVE AGREEMENT WITH As Amended Ordinance on 1S` Reading SANTA ANA UNIFIED SCHOOL Ordinance on 2"d Reading DISTRICT FOR EXTENDED LIBRARY Implementing Resolution HOURS Set Public Hearing For CONTINUED TO ~~~c.-~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Direct the City Manager and Clerk of the Council to execute the attached cooperative agreement with the Santa Ana Unified School District to extend library services at three high school sites from February 2, 2010 to May 27, 2010 in an amount not to exceed $59,928, subject to non- substantive changes approved by the City Manager and the City Attorney. DISCUSSION In order to extend library services in the southern areas of the City where public library facilities do not exist, a cooperative agreement between the City of Santa Ana and the Santa Ana Unified School District was approved by City Council on October 20, 2008 for a one year term. A cooperative agreement between the City and the School District is once again recommended for approval in order to continue this service at the school sites. Under the terms of the proposed agreement, the District would provide library services, including book loans, at Valley, Saddleback and Century High Schools from 4 p.m. to 7 p.m., Tuesday through Thursday, from February 2, 2010 to May 27, 2010. The City will provide $59,328 to the School District to fund additional service costs and provide $600 for instructional and custodial supplies at the three school sites, for a total agreement amount of $59,928. In addition, the City will allocate $10,158 to hire part-time Library Technicians to staff the extended library hours. The total aggregate amount of funding and in-kind assistance provided to the District under the proposed agreement is $70,086. 25D-1 Cooperative Agreement with SAUSD December 21, 2009 Page 2 FISCAL IMPACT Funds are available in the General Fund, Non-Departmental account (no. 01105015 62300). .~n_ APPROVED AS TO FUNDS AND ACCOUNT: /W~J '~~6m~~~r ~ s , .~p~Gera do Mouet, Francisco Gutierrez, Exec tive Director Executive Director Parks, Rec. and Com. Svcs. Finance and Mgt. Svcs. Agency 25D-2 COOPERATIVE AGREEMENT BETWEEN THE SANTA ANA UNIFIED SCHOOL DISTRICT AND CITY OF SANTA ANA This Cooperative Agreement ("Agreement") is hereby entered this 21S` day of December, 2009 by and between the City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California ("City") and the Santa Ana Unified School District, a California public school district organized under the Constitution and laws of the State of California ("District"). RECITALS A. The City and the District share a common purpose in extending library services to children and their parents living in the southern areas of the City of Santa Ana. B. The City and District recognize that there is a strong correlation between library use by children and success in school. C. The intent of this Agreement is to use already existing resources of both the City and the District to provide public library services in areas of the City where a public library facility does not exist. D. A partnership between the City of Santa Ana and Santa Ana Unified School District promoting the use of high school libraries to their surrounding communities after school hours is a logical extension of the correlation between library use and academic success. E. The high school sites identified in this Agreement can provide a safe and wholesome environment for kids and their parents, skilled and competent library staff, and up to date materials and technology. F. The City and District are agreeable to rendering such services on the terms and conditions hereinafter set forth. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: I. DISTRICT RESPONSIBILITIES A. District will provide a supervised environment for children and adults accompanying them for use of library materials and information technology in three high school libraries. B. The campuses housing those libraries are Century, Valley, and Saddleback High Schools. 1 of 5 25D-3 C. District will staff each of the locations with Library staff to assist members of the community in the use of the libraries. D. District will loan books and other material to District students and immediate family members, in a manner that is consistent with District policies and procedures established to meet the intent of this Agreement. E. The District will maintain records of library use during the hours funded under this Agreement and the City will regularly review the level of usage. F. The District will provide library services, including book loans, at Century, Saddleback and Valley High Schools from 4 p.m. to 7:00 p.m. Tuesdays through Thursdays from February 2, 2010, until May 27, 2010 ("Extended Library Service"). G. The District will provide qualified Certificated library staff at during the Extended Library Service hours. H. The District will provide typical accommodations for library users such as books, magazines, tables, chairs, access to information technology, drinking fountains, and restrooms. I. The District will provide monthly reports on use, by location. II. CITY RESPONSIBILITIES A. The City will pay the District $59,328 to cover costs of additional service to the public (Additional Service Cost). B. The City will allocate $10,158 to hire part-time Library Technicians to staff the extended library hours. C. The City will also pay $600 to cover replacement of instructional supplies and custodial supplies. The supply cost shall be paid in full to the District on or before the start of the Extended Library Service. III. DISPUTE RESOLUTION Any material breach of this Agreement alleged by either party shall be subject of notification in writing to the alleged breaching party, as provided herein. Each party shall be accorded a 30-day period from actual receipt of written notification to cure each and every breach identified in the notification. Failure to provide notification in writing and the opportunity to cure any alleged breach shall constitute a waiver of that breach of the Agreement. Any dispute as to the existence of a material breach, the acceptability of a cure for each alleged breach, or the appropriate remedy for each and every material breach of this Agreement shall be resolved by mediation followed/by arbitration by a mediator/arbitrator agreeable to both parties. Arbitration of disputes as to material breach of this Agreement shall be final and binding as the 2of5 25D-4 exclusive remedy for enforcement of the rights and responsibilities of all parties subject to this Agreement. IV. INDEMNIFICATION Each party agrees to indemnify and hold harmless the other party, its officers, agents, and employees from all liability, claims, losses and demands, including defense costs, whether resulting from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or employees except where such liability, claims, losses, and demands arise solely from the willful acts or omissions of the non-indemnifying party. V. INSURANCE Both the City and the District shall maintain, for the period covered by this Agreement, at their own respective costs, their own respective policy or policies of general liability insurance and property insurance. Each party waives subrogation of its insurance coverage for the other entity. Self-insurance authorized by state law and/or maintained by the City or the District in the regular course of business for its other activities shall satisfy this requirement. Prior to the start of Extended library Service, both parties shall furnish the other party with policies or certifications evidencing the party's insurance coverage. VI. NOTICES All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council And City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Attorney If to DISTRICT: Santa Ana Unified School District 1601 E. Chestnut Santa Ana, CA 92701 3 of 5 25D-5 Attn: Office of the Superintendant A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. VII. JURISDICTION This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. VIII. ENTIRE AGREEMENT This AGREEMENT sets forth the entire understanding between the parties with respect to library services. IX. TERM The term of this Agreement shall commence on the date first set forth above and terminate on June 30, 2010, unless otherwise sooner terminated as provided in this Agreement. Upon termination, District shall return any unused monies. X. TERMINATION A. Either party may terminate this Agreement, without cause, upon Ninety (90) days written notice given the other party. B. Either party may terminate this Agreement, upon Ninety (90) days written notice given the other party for material breach after failure to resolve the breach pursuant to the Dispute Resolution paragraph of this Agreement. C. The rights and remedies of the District or City provided in this Termination paragraph shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. 4 of 5 25D-6 XI. THIRD PARTY BENEFICIARY Neither party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to any subcontractors or any member of the public provided services hereunder. XII. MISCELLANEOUS PROVISIONS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of Orange, State of California, on the date and year first above written. Santa Ana Unified School District City of Santa Ana By: By: Jane A. Russo David N. Ream Superintendent City Manager By: Jose A. Hernandez President of the Board Attest: Attest: By: By. Audrey Yamagata-Noji, Ph.D Maria D. Huizar Clerk of the Board Clerk of the Council Approved as to Form: Approved as to Form: By: By. Ron Wenkart Joseph W. Fletcher District Counsel City Attorney 5 of 5 25D-7 25D-8