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HomeMy WebLinkAboutCC Resolution 11262 (Jt. Use Library Services at Pickleweed Library)RESOLUTION NO. 11262 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE SAN RAFAEL CITY SCHOOLS DISTRICT TO PROVIDE JOINT USE LIBRARY SERVICES AT THE PICKLEWEED LIBRARY THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an agreement with the San Rafael City Schools District to provide joint use library services at the Pickleweed Library, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Tuesday, the 18'' day of February, 2003 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ti JEAQV M. LEONC, City Clerk COOPERATIVE AGREEMENT Between the City of San Rafael and the San Rafael City Schools District This agreement is made and entered into this 18th day of February 2003, by and between the City of San Rafael ("CITY"), and the San Rafael City Schools District (DISTRICT) RECITALS WHEREAS, the City of San Rafael has determined a need to expand the library at Pickleweed Park Community Center at 50 Canal Street that currently serves the residents of the east San Rafael area known as the Canal neighborhood; and WHEREAS, the San Rafael City School District operates four (4) elementary schools within the service area of the Pickleweed Library; and WHEREAS, the CITY and the DISTRICT recognize that services and programs provided by the public library are an essential component of a child's education; and WHEREAS, the CITY is applying for State construction funds under the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000, to expand the Pickleweed Library at the Pickleweed Park Community Center; and WHEREAS, the expanded Pickleweed Library will have significant programs, collections, and services for students grades K-8; and WHEREAS, the CITY and the DISTRICT recognize that neither entity can meet all of the educational needs of students grades K-8, and that these students will best be served through a partnership of the CITY and DISTRICT; and WHEREAS, this agreement will only take effect and be applicable if funding is received from The California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000, to renovate and expand the public library at Pickleweed Park Community Center. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement and other good and valuable consideration, the parties agree as Follows: AGREEMENT 1. Term of Agreement The term of this Agreement shall be for 20 years, commencing on the opening day of the expanded and renovated library facility, and may be adjusted, modified and updated as needed on an annual basis by written agreement of all parties. 2. Field Act Applicability This project will not be subject to the Field Act (Sections 17281, 17365, and 81130 of the Education Code). The building will not be located on school property. The Pickleweed Library will not provide space for required educational purposes for more than 24 pupils enrolled in kindergarten or any of the grades 1 to 12 at any one time in the building. 3. Obligatory Provisions 1. Education Code Section 19999 This agreement hereby acknowledges and incorporates California Education Code section 19999 and Library Bond Act Regulations section 20440 (e) (3) (G), which require the provision of public library direct services for 40 years. 4. Description of Joint Use Library Services The CITY will cooperate with the DISTRICT to provide joint use library services, as general curriculum support programs and resources, to participating K-8 public school students, teachers, parents and caregivers. The CITY will operate the following joint use services at the Pickleweed Library: • ComDuter Lab. The City will make available to the participating schools an interactive computer lab that will house up to 12 personal computers with Internet access, and access to selected databases and software programs to assist with student learning activities for grades K-8. The DISTRICT will provide CD ROM - based software to support DISTRICT programs. The CITY Library staff will provide computer literacy classes covering introductory to advanced skill level curricula for students, families, and caregivers. Family Literacv Center. The CITY will provide a comprehensive literacy program, extensive materials and dedicated space for one-to-one and small group tutoring by trained volunteers. Reading and writing instruction, personal assessment, computer access and software support for K-8 students, parents, families, and caregivers, will also be provided. After-school, evening and weekend support will be available to improve lifelong learning skills. • Homework center. The CITY, to assist students with their school assignments, will provide databases and a reference collection of relevant print materials. The DISTRICT will provide one set of DISTRICT textbooks and/or curriculum source materials for reference purposes available to students, and parents, but not available for checkout. 3 • Studv Room. A quiet study room will be available for public use by individuals or small groups during CITY Library public service hours and for parent -teacher conferences or other DISTRICT sponsored activities during hours when CITY Library staff is scheduled in the facility. • Shared Electronic and Telecommunication Services. The CITY will provide remote electronic access to the MARINet library catalog to students, teachers, and parents via an Internet connection. Services will include access to electronic databases and subscriptions; the ability to request and reserve items from any public library in Marin County. 5. Library Hours of Service Subject to annual budget review and approval by the City Council, the library will be open concurrently for the public and students Monday through Saturday, a total of 30hours per week. To better serve the K-8 grade population, all or part of the computer work stations will be designated for student homework on days and times agreeable to both parties. 6. Staffing CITY will provide sufficient personnel to adequately staff the Pickleweed Library. 7. Volunteers While CITY and DISTRICT will both continue to utilize volunteers to enhance K-8 student services in the library, specific goals and objectives will not be addressed within the confines of this cooperative agreement. 8. Location of Project 0 The Pickleweed Library will be located within the Pickleweed Community Center, 50 Canal Street in San Rafael. 9. Ownership of Site, Facility, Furnishings, Equipment, & Library Materials CITY will own the library materials, staff computers, public access computers, phone system & related office equipment. Except as provided below, CITY will own and provide computer software licenses and electronic database licenses per the CITY's information technology contracts. DISTRICT will own textbooks and educational materials submitted for resource or lending purposes at the library 10. Funding As a branch of the San Rafael Library, the CITY will provide operational funding from a combination of property taxes, General Fund, and State library funds. All funding is subject to annual budget review and approval by the City Council. CITY will work with the DISTRICT to identify grant sources outside funding resources to enhance combined school and public library activities. 11. Facility operation CITY will manage and maintain the library, both building and grounds 12. Review and Modification Process CITY and DISTRICT agree to review the conditions of this agreement on an annual basis, and update strategies, as necessary, to meet the needs of its K-8 population, based on DISTRICT curriculum and identified gaps. 13. Enhanced Service Level DISTRICT may request additional educational library services, beyond that provided by this Agreement, including additional staffing and/or days and/or hours of operation at DISTRICT expense. 14. Indemnification a. DISTRICT agrees to indemnify, hold harmless and defend CITY, its City Council, and each member thereof, and every officer, employee, representative or agent of City, from any and all liability, claims, demands, actions, damages (whether in contract or tort, including personal injury, death at any time, or property damage), costs and financial loss, including all costs and expenses and fees of litigation or arbitration, that arise directly or indirectly from any acts or omissions related to this Agreement performed by district or its agents, employees, subconsultants, subcontractors, consultants and other persons acting on DISTRICT's behalf. This agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of active negligence, passive negligence or acts for which DISTRICT or its agents, employees, subconsultants, subcontractors, consultants and other persons acting on DISTRICT's behalf would be held strictly liable. b. CITY agrees to indemnify, hold harmless and defend DISTRICT, and every officer, employee, representative or agent of DISTRICT, from any and all liability, claims, demands, actions, damages (whether in contract or tort, including personal injury, death at any time, or property damage), costs and financial loss, including all costs and expenses and fees of litigation or arbitration, that arise directly or indirectly from any acts or omissions related to the Agreement performed by CITY or its agents, employees, subconsultants, subcontactors, consultants and other persons' acting on CITY's behalf. This Agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of active negligence, passive negligence, or acts for which CITY or its agents, employees, subconsultants, subcontractors, consultants and other persons acting on CITY's behalf would be held strictly liable. 15. DISTICT and City agree that this Agreement constitutes the entire agreement of the parties regarding the subject matter described herein and supersedes all prior communications, agreements, and promises, either oral or written. CITY OF SAN RAFAEL SAN RAFAEL CITY SCHOOLS DISTRICT A$14 l Albert J. Boro, Mayor Laura D. Alvan ga Ed. endent ATTEST: Jeanne Leoncini, City Clerk elTm istan�City Attorney