HomeMy WebLinkAboutC-3496(B) - Irvine Avenue, 1300 - Cooperative Agreement for the Joint Mariners Library Project• •
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COOPERATIVE AGREEMENT
FOR THE JOINT MARINERS LIBRARY PROJECT
THIS COOPERATIVE AGREEMENT ("Agreement"), made and entered into this
L! 2002, by and between the CITY OF NEWPORT BEACH ("City")
and th WPORT-MESA UNIFIED SCHOOL DISTRICT ("District") is based on
following:
RECITALS
WHEREAS, City owns approximately 7.36 acres of property on the corner of Irvine
Avenue and Dover Drive ("City Property"). Located on City Property is Mariners Park
and an approximately 9,298 square foot public library (Mariners Library"). District owns
approximately 9.87 acres of property adjoining City Property where it operates the
Mariners Elementary School, grades K through 6th ("Mariners School").
WHEREAS, District and City are each actively interested in grant opportunities offered
by the Library Bond Act Education Code Section 19985 through 20011.
WHEREAS, City and District have proposed filing a joint application for "first priority'
funding under the Library Bond Act Regulations, Titles 24 CCR, Chapter 16, Article 5.1
through 5.5 and Title 5 CCR, Division 2, Chapter 3, Sections 204, 302, 20444
("Regulations").
WHEREAS, first priority funding is available for joint use projects with a co -located
library that houses a combined public library and public school library in a single facility.
City and District intend to apply for first priority funding to expand and relocate the
Mariners Library to also serve Mariners School.
WHEREAS, 30th Street Architects has been hired to prepare plans for a joint use library
that complies with Field Act requirements. City and District staffs have designed the
facility to provide direct access to Mariner's School and maximize security and safety for
the students and children that will use the Library. The design will provide security to
students during school hours to accommodate District obligations under the Education
Code.
WHEREAS, the Regulations require a Cooperative Agreement for joint City and District
use of the Mariners Library. The Parties have engaged in discussions regarding
funding requirements and have each made commitments to fund respective ongoing
operation costs.
WHEREAS, the Parties have reviewed and considered the provisions of the City
Charter and State law related to the exercise of land use jurisdiction over publicly
owned property and have determined that City and District are authorized to enter into
this Agreement and to exchange property to accomplish the proposed library expansion
and co -located project. The cooperative nature of this project supports City issuance of
appropriate permits and processing of required environmental and land use approvals.
WHEREAS, this Agreement is intended to memorialize the commitments of the Parties
and serves as a vehicle for monitoring the steps necessarily to complete the application
and ongoing operation and joint use of Mariners Library.
WHEREAS, the Parties are authorized to enter into the Agreement pursuant to the
provisions of Education Code Section 10900 et. seq., and Government Code Section
6500, et. seq..
WHEREAS, the Agreement is entered into consistent with the Library Bond Act and the
Regulations.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
and for other good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the Parties agree as follows:
1. MARINERS LIBRARY PROJECT.
The Parties agree that the Mariners Library will consist of facilities and
improvements and offer the activities and opportunities specified in this Section:
1.1 Structure:
The Mariners Library will serve both as the Mariners Branch Library and
the school library for the Mariners Elementary School. It will be a 15,125
square feet one story library building housing a children's room, reference
desk, circulation room, public restrooms and a public meeting room. The
Children's Room will be approximately 3,700 square feet and will include
two single occupant unisex restrooms, and a children's activities room that
serves the children of the surrounding Mariners Community. A separate
"School Entrance" will provide Mariner's School students direct access to
the Children's Room during the hours that school is in session. The
Children's Room shall be designed so that a portion of the room can be
accessible only through the School Entrance during school hours as
provided in section 3.2 of this agreement. A separate teen corner will be
included in the main section of the library.
1.2 Improvements:
Onsite improvements shall include a parking area with fifty (50) spaces
and landscaping.
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1.3 Functions and Activities:
The Mariners Library shall perform the functions and offer the activities
specified in Section 2.
2. DEFINITION OF ROLES AND RESPONSIBILITIES.
2.1 Establishment of Authority — The Mariners Library will remain a City
public library under the administrative control of the Board of Library
Trustees, as defined in Section 708 of the City Charter:
2.2. Free Public Library Service
Mariners Library shall be forever free to the inhabitants and non-resident
taxpayers of City, subject always to such rules, regulations, and bylaws as
may be made by the Board of Library Trustees. Any person who violates
any rule, regulations, or bylaw may be fined or excluded from the
privileges of the library. [Education Code section 18960.]
2.3 Establishment of control of expenditures
The City Council/Board of Library Trustees has exclusive control of all
expenditures of all moneys collected, donated, or appropriated for the
library as well as exclusive charge, control and custody of the building.
2.4 Staffing
The Mariners Library shall provide staff necessary to perform the public
library mission of the combined library.
The District shall employ a school library media technician to perform the
mission of the school library in the Children's Room during school hours. The
District shall be responsible for salaries and staff benefits of the Library Media
Technician and all other District/Mariners School personnel.
City shall be responsible for salaries and staff benefits of all Library
personnel employed by City.
The Mariners Library Branch Manager shall provide overall supervision of
the library.
Each of the Parties shall provide each other with the names and telephone
numbers of personnel that are responsible for the day-to-day operations at
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the joint services to be provided under this Agreement. The list shall be
updated as needed based on personnel changes.
City and District shall comply with the requirements of State law with
respect to the fingerprinting of personnel and volunteers that may have
contact with children. All City and District employees are required to be
fingerprinted and clear criminal background check requirements prior to
employment with the City.
2.5 Joint Advisory Committee
A School Library Advisory Committee, comprised of three representatives
each from the District and the Library, will be appointed by the respective
agencies; will meet regularly, a minimum of three times during the school
year, to review the library service plan, collection development, functional
and library procedural matters, and other library administrative issues of
joint concern.
2.6 The Library Collection
Library staff will be responsible for selection of all materials appropriate to
meet the public library mission of the combined library.
Library staff and the Mariners School faculty will jointly be responsible for
the selection of all materials relevant to meet the Mariners School library
needs, working through the School Library Advisory Committee.
The Mariners School Library Collection will be integrated with the Mariners
Library Collection. ("Joint Collection"). The identification of District
ownership of the Mariners School Library collection will continue including
new materials purchased annually by the District funds.
The Joint Collection will be part of the circulation and online catalog
system of the Newport Beach Public Library system. The specific District
requirements for materials supporting the Mariners School curriculum will
be honored.
The City library staff, with assistance of the School Library Advisory
Committee, will regularly review the children's collection and deselect
materials no longer relevant for the collection or the school curriculum.
2.7 Ownership of Assets
Ownership of all public library materials, equipment and furnishings shall
be retained by City and identified as such.
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The Mariners School Library collection shall be retained by District.
All library materials, equipment, and furnishings shall be available for use
by the public, the students, and school personnel.
In the event of termination of the agreement at the end of the 20-year
period, library materials originating from the District or purchased by
District during the 20-year period will be returned to the District.
Library materials deselected and withdrawn from the collection will be
discarded according to the policies of the respective agency, identified as
the owner of the materials.
2.8 Library Construction Process
As available, City shall forward to District the development plans and
construction schedule for the Mariners Library. District may give
comments to City regarding the impact of the plans and schedule on the
Mariners School community. District and City shall cooperate in
implementing the final plans and schedule.
3. JOINT LIBRARY SERVICES.
3.1 The Mariners Library shall be the cultural, educational and informational
heart of the Mariners Community, providing a variety of exceptional
services for all ages, supported by state-of-the-art technology. It will be
dedicated to serving both as a public library for the community and the
school library for the students from kindergarten through sixth grade
enrolled at the Mariners School.
The Mariners Library, through the efforts of the City library staff, the
Mariners School staff and the guidance of the School Library Advisory
Committee, will provide enhanced services, including state of the art
technology and access to online resources in support of the school
curriculum and for personal enjoyment and use of the student population.
All access to online resources in the Children's Room shall be filtered.
The system of reserves shall be established for materials supporting
Mariners School, as needed, to assure that sufficient materials are
available to support the needs of the school and special school projects.
Students will be able to check-out materials in the Children's Room as
they return to their classrooms. A unique Mariners Library Card will be
issued for each Mariners student for use of the library during school hours;
and to facilitate the self check-out by individual students.
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3.2. Library Service Hours
The library will be open 66 hours each week during the school year.
Monday — Thursday 9am — 9pm
Friday 9am — 6pm
Saturday 9am — 6pm
Sunday Closed
Total 66 hours/week
Beginning each school year the School Library Advisory Committee will
meet to discuss the school schedule for the upcoming year and shall
establish the hours use of the Children's Room will be secured for
Mariner's School students as provided below..
The Children's Room shall be designed so that the Mariner's School
students will have secured use of a school library, on those days and
during those hours of required student attendance during the school year.
Secured use of the Children's Room shall not exceed 30 hours per week
between the hours of 9 a.m. and 3 p.m. ("Secured Use Hours"). The
Children's Room design will prevent access by the general public to a
portion of the Children's Room (approximately 1900 to 2100 square feet)
to serve as a school library to accommodate 32 students during Secured
Use Hours. All other non -student days and hours of the year including but
not limited to, holidays, school breaks, teacher development days,
minimum days and summer, the entire Children's Room shall be open to
the public.
However, general public access to the school library portion of the
Children's Room during the Secured Use Hours will be available through
the School Entrance after sign -in at the Mariner's School Administrative
Office in compliance with the Mariner's School's Visitor Policies and
Regulations.
The remaining area of the Children's Room (1600-1800 square feet) will
remain open and accessible to the public from the main library entrance at
all times the library is open for pre-school activities and all other general
public uses
3.3 Staffing and Classification
(a) To be provided by City:
1 Branch Librarian II (Full -Time)
1 Children's Librarian (Full -Time)
Classification
1191
1180
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1 Reference Librarian (Full -Time) 1180
1 Library Clerk II (Full Time) 1270
1 Library Clerk I (Full -Time) 1260
3 Library Clerk I (Part -Time) R050
(b) To be provided by District:
Classification
1 School Library Media Technician (30/hrswk — School year)
3.4 Use of Volunteers
The Mariners Community Library will continue to utilize volunteers from
the community for general library use and circulation functions and
volunteers from the school/parent community for the Children's Room.
The current volunteer training and qualifications will be revised with
assistance from the Joint Advisory Committee to meet the needs of the
Children's Room.
3.5 Site Identification
The Mariners Community Library shall be sited on Irvine Boulevard,
Newport Beach.
3.6 Ownership
The City shall have sole ownership of the site, the facilities, furnishings,
equipment, and library materials, with the exception of the materials which
are integrated into the collection from the current Mariners School Library
and materials purchased annually with the allocation of funds for materials
from the District and which shall retain the District identification.
3.7 Funding
The Mariners Library shall be funded by the City with assistance from the
District. The City's current annual funding for Mariners Branch (FY
2002/03) is $400,000 plus a proportion of -Citywide branch library
operation costs of $1,800,000.
The District shall be responsible for continued dedicated resources to operate
a school library. Those resources include dedicated time of teachers and the
school principal to supervise and provide instruction and activities in the
Library during classroom or student visits and a Children's Room Library
Media Technician. The amount shall include the equivalent of the cost and
staff benefits for the District of approximately $100,000 /per year. The District
also agrees to continue funding allocations that become available to Mariners
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School from the State collection improvement fund. Collection Improvement
funding at Mariner's School has historically averaged $20,000 per year.
If, during the period of this Agreement, the City as a response to economic
conditions reduces the funding for the Mariners Library, the contribution of
the District may be reduced by the same proportion.
4. RESPONSIBILITY OF FACILITY OPERATION.
The City assumes full responsibility for operation, maintenance and management
of the Mariners Library under the administration of the Board of Library Trustees.
The District's Board Policies and Regulations regarding student attendance and
release from school and visitors on school campuses during school hours shall
apply use of the Children's Room, by students of Mariners School.
5. REVIEW OF AGREEMENT.
The term of this Agreement is for 20-years. The agreement will be reviewed each
five years by the School Library Advisory Committee. Proposed amendments to
the contract shall be approved by both the City Council and District Board of
Trustees.
6. FIELD ACT.
Parties have agreed the architectural design and construction standards of the
Field Act are applicable to this project. As part of the joint program, the Children's
Room and the Community Meeting Room will serve as classrooms for the
students, and for student groups of 24 or more during school hours.
7. 20-YEAR COMMITMENT FOR JOINT SERVICE.
Both the City and the District commit to providing joint use library services in the
facility for a period of 20 years under the terms of this Agreement.
8. 40-YEAR COMMITMENT FOR PUBLIC LIBRARY SERVICE.
It is acknowledged, as incorporated on Education Code 19999 and section 20440
(e) (3) (G), that the City is to provide public library direct services from this facility
for a period of 40 years.
9. PROJECT APPROVAL CEQA COMPLIANCE.
The Parties agree that the Joint Mariners Library Project ("Project") will require
CEQA compliance and building and grading permits. City has prepared the
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necessary environmental and planning documents and permit applications
required by and for the Project. City will waive any planning, building or grading
permit or plan check fees otherwise required of applicants for similar projects.
10. INDEMNITY.
City agrees to indemnify, hold harmless and defend District and their respective
officers, officials, employees, representatives, agents and/or volunteers from any
legal liability, or damages, for bodily injury, death and /or property damage,
reasonable costs and expenses arising out of the negligent acts or omissions of
City or its officers, employees, representatives, agents , and/or volunteer's in the
performance of City's responsibilities pursuant to this Agreement.
District agrees to indemnify, hold harmless and defend City and City's respective
officers, officials, employees, representatives, agents and/or volunteers from any
legal liability or damages for bodily injury, death and/or property damage,
reasonable costs and expenses arising out of the negligent acts or omissions of
District or its officers, employees, representatives and agents in the performance
of District's responsibilities pursuant to this Agreement.
11. COOPERATION.
The Parties acknowledge and agree to cooperate with one another in the
performance of duties pursuant to this Agreement including the prompt execution
of documents, and to provide funding and continuous operation of the Project.
12. PROJECT ADMINISTRATOR NOTICE.
The Parties have each designated "Project Administrators" to perform the duties
required by this agreement, to execute contracts and agreements on behalf of
the Parties and to ensure that all aspects of the Project are constructed,
administered or implemented in accordance with this Agreement, and the intent
of the Parties.
All notices, demands, requests or approvals to City shall be addressed to the
Project Administrator as follows:
CITY
City Manager's Office
3300 Newport Boulevard
Newport Beach, CA, 92658
(949) 644-3000
FAX 644-3020
hbludau@city.newport-beach.ca.us
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All notices, demands, requests or approvals to District shall be addressed to the
Project Administrator as follows:
DISTRICT
Superintendent
2985 Bear Street #A
Costa Mesa, CA, 92626
(714) 424-5030
FAX 424-5018
rbarbot@nmusd.k12.ca.us
13. INSURANCE
13.1 District and Library shall maintain or be self insured for comprehensive,
broad form, general public liability insurance against claims and liabilities
for personal injury, death, or property damage, providing protection of at
least $1,000,000 for bodily injury or death to any one person for any one
accident or occurrence and at least $1,000,000 for property damage
occurring on their respective property.
13.2 Workers Compensation Insurance
District and City shall maintain Workers' Compensation Insurance for each
Party's own personnel as may be required by State law.
13.3 District participates in the Schools Alliance for Worker's Compensation
Excess, Self -Funded Joint Powers Authority for workers' compensation
excess insurance. The District also participates in the Southem Orange
County Property/Liability Self -Insurance Authority for casualty and
property insurance. The District shall provide all the insurance required of
the District through said programs.
13.4 City is self insured as respects general liability and automobile liability
coverage. City has a self insured retention ("SIR") limit of $500,000
dollars with excess coverage of $25 million dollars.
City is also self insured as respects workers compensation coverage. City
has a SIR of $300,000 dollars with statutory limits and employers' liability
excess coverage of $1 million dollars.
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14. MISCELLANEOUS PROVISIONS
14.1 Term of Agreement. This Agreement shall continue in full force and effect
with respect to the Property for a period of twenty (20) years from the
Effective Date of this Agreement. This Agreement has been approved by
the Parties with the understanding that this Agreement will not be effective
until City receive notification of award of grant of the requested funding
under the Library Bond Act.
14.2 Entire Agreement. This Agreement sets forth and contains the entire
understanding and agreement of the Parties, and all oral or written
representations, understandings or agreements are expressly stated in
this Agreement. No testimony or evidence of any such representations,
understandings, or covenants shall be admissible in any proceeding or
any kind or nature to interpret or determine the terms or conditions of this
Agreement.
14.3 Severability. If any term, provision, covenant, or condition of this
Agreement is ruled invalid, void, or unenforceable by a court of competent
jurisdiction, this Agreement shall nonetheless remain in full force and
effect as to all remaining terms, provisions, covenants, and conditions.
14.4 Interpretation and Governing Law. This Agreement and any related
dispute shall be governed and interpreted in accordance with the laws of
the State of California. This Agreement shall be construed according to its
fair language and common meaning to achieve the objectives and
purposes of the Parties. The rule of construction to the effect that
ambiguities are to be resolved against the drafting Party shall not be
employed in interpreting this Agreement since all Parties have been
represented by counsel.
14.5. Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of
this Agreement.
14.6 Singular and Plural. As used herein, the singular of any word includes the
plural.
14.7 Waiver. The failure of a Party to insist upon the strict performance of any
of the provisions of this Agreement by the other Party, or the failure of a
Party to exercise its rights upon the default of the other Party, shall not
constitute a waiver of that Party's right to demand and require, at any time,
the other Party's strict compliance with the terms of this Agreement.
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14.8 Third Party Beneficiaries. This Agreement is made and entered into for
the sole protection and benefit for the parties and their successors and
assigns.
14.9 Successors in Interest. The burdens of this Agreement shall be binding
upon, and the benefits of this Agreement shall inure to, all successors in
interest to the Parties to this Agreement.
14.10 Specific Performance. The Parties acknowledge that monetary damages
would be inadequate to remedy any breach of this Agreement by either
Party. Accordingly, the Parties agree that any breach of this Agreement
shall entitle the non -breaching Party to file an action for specific
performance in a court of competent jurisdiction. In no event shall either
Party be liable for monetary damages in the event of a breach of this
Agreement.
14.11 Counterparts. This Agreement may be executed by the parties in
counterparts, which counterparts shall be construed together and have the
same affect as if all of the parties had executed the same instrument.
14.12 Jurisdiction and Venue. Any action at law or in equity arising under this
Agreement or brought by any Party for the purpose of enforcing,
construing, or determining the validity of any provision of this Agreement
shall be filed and tried in the Superior Court of the County of Orange,
State of California. The Parties waive all provisions of law providing for
the filing, removal or change or venue to any other court.
14.13 Further Actions and Instruments. Each of the parties shall cooperate with
and provide reasonable assistance to the other to the extent contemplated
by this Agreement to achieve the objectives of this Agreement. Upon the
request of either party at any time, the other party shall promptly execute,
with acknowledgment or affidavit if reasonably required, and file or record
instruments and writing. The Parties shall also take any action as may be
reasonably necessary under the terms of this Agreement to carry out the
intent and to achieve the objectives of this Agreement.
14.14 Amendments in Writing/Cooperation. This Agreement may be amended
only by written consent of the parties specifically approving the
amendment and in accordance with the Govemment Code and
Educational Code provisions. The Parties shall cooperate in good faith
with respect to any amendment proposed in order to clarify that intent and
application of this Agreement, and shall treat any such proposal on its own
merits, and not as a basis for the introduction of unrelated matters.
14.15 Authority to Execute. Any person or persons executing this Agreement on
behalf of the City and District warrants and represents that he/she has the
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authority to execute this Agreement on behalf of his/her agency and to
bind that Agency to the performance of its obligations pursuant to this
Agreement.
14.16 Notice. All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and shall be deemed served when
delivered personally or on the third business day after deposit in the
United States mail, postage prepaid, first class mail, addressed as follows:
14.17 Effective Date. This Agreement shall become effective as of the date City
receives notification of award of grant of the requested funding from the
Califomia Public Library Construction and Renovation Board.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the
day and year first set forth above.
DISTRICT:
BY: 1'/l+.41...e..o
Judy Fr co, President
of the oard of Trustees
APPROVED AS TO FORM:
By: i -
Mike Toy, LeEfal Counsel for
Newport -Mesa Unified School District
CITY:
By:
Tod Ridgeway,
for the City of N
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LaVonne Harkless, City Clerk
for the City of Newport Beach
APPROVED AS TO FORM:
By:
Robin L. Clauson, Assistant City Attorney
for the City of Newport Beach
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