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HomeMy WebLinkAboutC-2220 - Library Services0 a CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 DATE June 10, 1981 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2220 Description of Contract Library Services Agreement Effective date of Contract May 27, 1981 Authorized by Resolution No.9904 , adopted on 10 -29 -80 Contract with Coastline Community College Adress 10231 Slater Ave. Fountain Valley, CA 92708 Amount of Contract $ - -(see agreement) no $ involved /s/ Wanda E. Andersen WANDA E. ANDERSEN City Clerk City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 5 -81 Y 0 0 LIBRARY SERVICES AGREEMENT CITY OF NEWPORT BEACH AND COAST COMMUNITY COLLEGE DISTRICT COASTLINE COMMUNITY COLLEGE INTRODUCTION rv� q THIS AGREEMENT, made this a 7 - ay of 1981, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation, hereinafter referred to as "CITY" and COAST COMMUNITY COLLEGE DISTRICT /COASTLINE COMMUNITY COLLEGE, (defined), hereinafter referred to as "COLLEGE" is made with reference to the following facts: PURSUANT to Title 1, Part II, Chapter 2, Article 4 of the California Education Code, an agreement of cooperating and shared resources is entered into. THIS AGREEMENT is designed to both enhance the learning experience for the Coastline Community College student and to augment the library services available to patrons of the Newport Beach Public Library. To this end the COLLEGE will request ser- vices of the Newport Beach Public Library hereinafter referred to as "LIBRARY" and in return will provide appropriate resources. FACILITIES The facilities normally available to the library patron will be available to all of the students enrolled in the COLLEGE. In return, any special facilities added to or modified at the request of the COLLEGE will be available to all library patrons. SERVICES The following general and specific services will be provided by the LIBRARY in support of the COLLEGE library support services to students. 1 0 1. Materials Acquisition; F_ 1 Upon request from the Director of Learning Systems & Services of the COLLEGE in support of the COLLEGE's entire academic program, materials will be ordered, received and catalogued. The COLLEGE will pay for the cost of the materials and a processing fee. This fee is to be reviewed and adjusted, if necessary, annually. All materials will be integrated into the LIBRARY's collection. The LIBRARY will provide, semiannually (July 31 and December 15), a complete list of all materials acquired for the COLLEGE to the Director of Learning Systems & Services. Requests from the COLLEGE for materials are to be sent to the LIBRARY's Materials Selection Coordinator. Materials purchased by the COLLEGE are to be marked by some identifiable means (i.e. property stamp, label, etc.) identifying them: "This item made available through a coopera- tive Agreement between Coastline Community College and Newport Beach Public Library." In addition to the above identification, the LIBRARY will include its property stamp with the understand- ing that actual ownership shall not revert to the LIBRARY until the terms of ownership are met. COLLEGE materials lost or damaged are the responsi- bility of the COLLEGE. Those materials lost or damaged will be replaced or repaired at the discretion of the Director of Learn- ing Systems & Services. 2. Reference Services: Reference services will be identical for both the LIBRARY patron and the COLLEGE student. No distinction between service to the LIBRARY or the COLLEGE pat- ron will be made. 3. Circulation: All of the COLLEGE's students will have the same circulation privileges as LIBRARY patrons. Cards and other forms of identification for students to circulate materials will be provided by the LIBRARY. 2 Ll The COLLEGE student will be responsible for identi- fying him /herself as a currently enrolled student by use of a validated student I.D. card. Certain of the above items provided by the COLLEGE may be temporarily removed to expedite circulation if deemed necessary by the Director of Learning Systems & Services and in accordance with policies of the LIBRARY. The COLLEGE's materials of special interest may be placed in various stages of restricted and reserved (i.e. teacher loan) circulation according to LIBRARY policy and with the approval of the Director of Learning Systems & Services and the Director of the LIBRARY. Materials purchased by the COLLEGE will be placed in the branch best reflecting the specialization of the LIBRARY's collection. These materials may be transferred to other branches on a temporary or permanent basis by mutual agreement between the Newport Beach City Librarian and the Director of Learning Systems & Services. These materials will be integrated into the collec- tion as with any other library material. The material will be available for inter - library loan in accordance with the LIBRARY's policy. Weeding of the collection of the COLLEGE's materi- als may be accomplished based upon the timeliness of the informa- tion, content and /or condition of the materials. The Director of Learning Systems & Services shall be notified of the intent to weed COLLEGE materials and must approve such action prior to its implementation. Should COLLEGE materials require repair or rebind- ing, the COLLEGE agrees to pay for binding costs incurred from the binder. The LIBRARY agrees to absorb all "in- house" costs for preparation, shipping and receiving of those items, utilizing existing staff and in accordance with established LIBRARY work- load priorities. 3 9 Ownership of materials purchased by the COLLEGE will remain with the COLLEGE for five years. After five years, ownership and responsibility for maintenance of all materials, other than videotape play back equipment and telecourse tapes, will revert to the LIBRARY. 4. Audio Visual Equipment: The COLLEGE students will have full access to audio visual equipment as is normally suppli- ed by the LIBRARY. The need for additional equipment in support of the COLLEGE's academic program will be sent to the Director of Learning Systems & Services who will attempt to satisfy those needs by using equipment currently owned by the COLLEGE or include those requests in the next year's budget projection. 5. Telecourse Viewing Systems: The COLLEGE will re- quest permission of the LIBRARY Director to place telecourse viewing systems in various branch libraries within the Newport Beach Public Library System the COLLEGE will supply. If agreeable with both agencies, (a) Video tape playback equipment including video- tape player, T.V. set, earphones and study carrel. Other similar equipment may also be included. (b) Video tapes of each course. (c) Reference /resource materials for each course. (d) Replacement of lost or damaged video cassette tapes. (e) Audio tapes for specific courses. (f) A.C. extension cords and multiple outlets for the equipment. (g) All maintenance on equipment as described in item 6, this section. (h) Printed instructions on operation of the equipment. 4 0 The LIBRARY will supply: 0 1. The square footage necessary to place the carrels in a location where they can be seen from one_, of the regular library staff stations. 2. Electricity and an electrical outlet with 110 volt A.C. power. 3. Sufficient shelving to house the video tapes. 4. Monitoring of the area to prevent damage by unqualified users. These areas would be considered self- service unless the branch Librarian would prefer to establish different arrangements. The general public has equal access to the equipment for viewing personal or LIBRARY owned taped programs and the subject areas shall be app- ropriately signed to encourage public use. In addition, adequate instructional information on the use of the videotape equipment shall be provided at the facility. 6. Audio Visual Equipment Repairs: The COLLEGE shall be responsible for repair of all COLLEGE owned equipment. All equipment problems should be reported /referred to the COLLEGE's IMS Coordinator. 7. Materials Replacement: In the event that excessive use of LIBRARY materials by Coastline students and /or staff renders those materials unusable, the LIBRARY shall notify the Director of Learning Systems & Services and the COLLEGE shall replace said materials. 8. Bibliography: Course bibliographies for the COLLEGE's faculty, not to exceed 10 per year, shall be provided, upon request of the Director of Learning Systems & Services, by the LIBRARY, as part of the overall service. Any course biblio- 5 0 graphies above 10 shall be paid for by the COLLEGE on an "at cost" basis for time and materials. 9. Promotion: Responsibility for promotion of the Newport Beach Public Library support of the COLLEGE's program to the COLLEGE's students shall be the COLLEGE's. 10. Review and Amendment: This agreement is subject to annual review by both the COLLEGE and the LIBRARY by January 15th of each year. The agreement may be amended from time to time relative to services and other provisions, through review and approval by the Coast Community College District Board of Trustees, the Board of Library Trustees and the Newport Beach City Council. 11. Cancellation: This agreement is subject to cancellation by either party upon receiving 30 days' written notice. Termination shall commence at the end of the semester in which the notice is given. Should the contract be cancelled, the COLLEGE's materials and equipment shall be return- ed to the COLLEGE within a reasonable period of time thereafter. In the event of cancellation, each party shall bear all of its own costs including processing and returning items. 12. Payment for services shall be made upon presenta- tion of an official invoice. The COLLEGE may initiate purchase orders to the LIBRARY for services or materials without an invoice but will not pay said purchase orders without an official invoice. 13. Relationship Under this Agreement, COLLEGE is an independent contractor. COLLEGE is not and shall not be deemed to be an agent or employee of the CITY of Newport Beach for any purpose whatsoever. COLLEGE is prohibited from doing any acts which do E 0 0 or may create the impression or inference that COLLEGE is an agent or employee of CITY. COLLEGE may not assign any obligation or responsibility, express or implied, pursuant to this Agreement in the name of or on behalf of CITY. 14. Attornev's Fees Should any action be commenced to enforce any term or provision of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements. 15. Indemnification 1. It is mutually understood and agreed that neither CITY nor any officer or employee thereof shall be respon- sible for any damage or liability occurring by reason of anything done or omitted to be done by COLLEGE in connection with any per- formance under this Agreement. It is also understood and agreed, that pursuant to Government Code Section 895.4, COLLEGE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurr- ing by reason of anything done or omitted to be done by COLLEGE under or connection with any performance under this Agreement. 2. It is mutually understood and agreed that neither COLLEGE nor any officer or employee thereof shall be res- ponsible for any damage or liability occurring by reason of any- thing done or omitted to be done by CITY in connection with any performance under this Agreement. It is also understood and agreed, that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COLLEGE harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by CITY under or connection with any performance under this Agreement. 7 0 0 3. It is further expressly agreed that COLLEGE will hold CITY harmless from any claim or damage which may arise from any bodily injury (including death) suffered by any college student while exercising rights under this Agreement. Executed the day and year first above written. "COLLEGE" Approved by: COAST COKMUNITY COLLEGE DISTRICT COAST COMMUNITY COLLEGE Gi�rRi BOARD Of r,USTEES_,_, 7 �� Subm' ed to the B and of Trustees by 61 7_ —, t''� By: i "CITY" CITY OF NEWPORT BEACH `i.O — — � ATTEST: ,i CITY Clerk APPROVED AS TO LEGAL FORM 3 0 April 6, 1981 CITY OF NEWPORT BEACH Dr. Mary Lou Zoglin Associate Dean Alternative Learning Systems Coastline Community College 10231 Slater Avenue Fountain Valley, CA 92708 Dear Dr. Zoglin: OFFICE OF THE CITY MANAGER (714) 640 -2153 SUBJECT: LIBRARY SERVICES AGREEMENT Encloses; is the original copy of the above referenced agreement as approved by the Newport Beach. City Council. Please obtain the necessary approvals and execute the document on page 8. Following execution, please return the original to the Office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 for execution by the Mayor and City Clerk. Following final execution, a copy will be transmitted to you for your files. Additionally, Judy Clark, the City Librarian, suggests that you contact Maudette Ball, the Library Information Coordinator, to arrange appropriate publicity regarding this matter. Ms. Ball may be reached at 640 -2134. Thank %ou for your attention to this item. Please feel free to contact me if you have additional questions. S Acerely, GEr fW; ,fi. SWLINT As, sYS_dnt.to the City Manager GJB:.._ ; xc: City Librarian City Clerk City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 April 24, 1980 • • LIBRARY SERVICES AGREEMENT CITY OF NEWPORT BEACH COAST COWJNF17Y COLLEGE DISTRICT/ COASTLINE COMMUNITY COLLEGE INTRODUCTION: THIS AGREEMENT, made this 4th day of February, 1980, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred Coast Community College District to as "City," and/COASTLINE COMMUNITY COLLEGE, (defined), hereinafter referred to as "College," is made with reference to the following facts: Pursuant to Title 1, Part 11, Chapter 2, Article 4 of the California Education Code, an agreement of cooperating and shared resources is entered into. This agreement is designed to enhance the learning experience for the Coastline Community College student by making the finest comprehensive lib- rary services available to support the college's entire academic program. To this end the College will request services of the Newport Beach Public Library hereinafter referred to as "Library" and in return will provide appropriate resources. The terms of the agreement may change from time to time in order to meet the changing needs of the patron/ student. A fee structure will be based upon charges for services rendered. 1. 0 FACILITIES: The facilities normally available to the library patron will be available to all of the students enrolled in the College. In return, any special facilities added to or modified at the request of the College will be available to all library patrons. SERVICES: The following general and specific services will be provided by the Library in support of the College library support services to students. I. Materials Acquisition: Upon request from the Director of Learning Systems 6 Services of the College in support of the College's entire academic program, materials will be ordered, received and cataloged. -The College will pay for the cost of the materials and a processing fee. This fee is to be reviewed and adiusted, if necessary, annually. All materials will be integrated into the Library's collection. The Library will provide, semiannually (July 31 and December 15), a com- plete list of all materials acquired for the College to the Director of Learning Systems b Services. Requests from the College for materials are to be sent to the Library's Materials Selection Coordinator. Materials purchased by the College are to be marked by some V identifiable means (i.e. property stamp, label, etc.) identifying them: "This item made available through a cooperative Agreement between Coastline Community College and Newport Beach Public Library." In addition to the above identification, the Library will include its property stamp with the understanding that actual ownership shall not revert to the Library until the terms of ownership are met. 2. College materials lost or damaged are the responsibility of the College. Those materials lost or damaged will be replaced or repaired at the discretion of the Director of Learning Systems & Services. 2. Reference Services: Reference services will be identical for both the Library patron and the College student. No distinction between service to the Library or the College patron will be made. 3. Circulation: All of the College's students will have the same circulation privileges as Library patrons. Cards and other forms of identification for students to circulate materials will be provided by the Library. The College student will be responsible for identifying him /herself as a currently enrolled student by use of a validated student I.D. card. Certain of the above items provided by the College may be temporarily removed to expedite. circulation if deemed necessary by the Director of Learning Systems & Services and in accordance with policies of the Library. The College's materials of special interest may be placed in various stages of restricted and reserved (i.e. teacher loan) circulation according to Library policy and with the approval of the Director of Learning Systems & Services and the Director of the Library. Materials purchased by the College will be placed in the branch best reflecting the specialization of the Library's collection. These materials may be transferred to other branches on a temporary or permanent basis by mutual agreement between the Newport Beach Public Library Director and the Director of Learning Systems & Services. These materials will be integrated into the collection as with any other library material. The material will be available for inter - library loan in accordance with the Library's policy. 3. Weeding of the collection of the College's materials may be accomplished based upon the timeliness of the information, content and /or condition of the materials. The Director of Learning Systems 6 Services shall be notified of the intent to weed College materials.and must approve such action prior to its implementation. Should College materials require repair or rebinding, the College agrees to pay for binding costs incurred from the binder. The Library agrees to pay all "in- house" costs for preparation, shipping and receiving of those items. Ownership of materials purchased by the College will remain with the College for five years. After five years, ownership and responsibility for maintenance of all materials, other than videotape play back equipment and telecourse tapes, will revert to the Library. 4. Audio Visual Equipment: The College students will have full access to audio visual equipment as is normally supplied by the Library. The need for additional equipment in support of the College's academic program will be sent to the Director of Learning Systems S Services who will attempt to satisfy those needs by using equipment currently owned by the College or include those requests in the next year's budget projection. 5. Telecourse Viewing Systems: The College will request permission of the Library Director to place telecourse viewing systems in various branch libraries within the Newport Beach Public Library System. If agreeable with both agencies, the College will supply. a. Video tape playback equipment including videotape player, T.V. set, earphones and study carrel. Other similar equipment may also be included. b. Video tapes of each course. 4. 0 C. Reference /resource materials for each course. d. Replacement of lost or damaged video cassette tapes. e. Audio tapes for specific courses. f. A.C. extension cords and multiple outlets for the equipment. g. All maintenance on equipment as described in item 6, this section. h. Printed instructions on operation of the equipment. The Library will supply: a. The square footage necessary to place the carrels in a location where they can be seen from one of the regular library staff stations. b. Electricity and an electrical outlet with 110 volt A.C. power. c. Sufficient shelving to house the video tapes. d. Monitoring of the area to prevent damage by unqualified users. These areas would be considered self— service unless the branch Librarian would prefer to establish different arrangements. The general public has equal access to the equipment for viewing personal or library owned taped programs. 6. Audio Visual Equipment Repairs: The College shall be responsible for repair of all College owned equipment. All equipment problems should be reported /referred to the College's IMS Coordinator. 7. Materials Replacement: In the event that excessive use of Library materials by Coastline students and /or staff renders those materials unusable, the Library shall notify the Director of Learning Systems & Services and the College shall replace said materials. 8. Bibliography: Course bibliographies for the College's faculty, not to exceed 10 per year, shall be provided, upon request of the Director of Learning Systems & Services, by the Library, 5. 0 as part of the overall service. Any course bibliographies above 10 shall be paid for by the College on an "at cost" basis for time and materials. 9. Promotion: Responsibility for promotion of the Newport Beach Public Library support of the College's program to the College's students shall be the Culleges. 10. Miscellaneous Services: Miscellaneous services as yet unidentified shall be negotiated on an item by item basis. 11. Review: This agreement is subject to annual review by both the v' College and the Library by January 15th of each year. 12. Cancellation: This agreement is subject to cancellation by either party upon receiving 30 days written notice. Termination shall commence at the end of the semester in which the notice is given. Should the contract be cancelled, the College's materials and equipment shall be returned to the College within a reasonable period of time thereafter. In the event of cancellation, each party shall bear all of its own costs including processing and returning items. 13. Payment for services shall be made upon presentation of an official invoice. The College may initiate purchase orders to the Library for services or materials without an invoice but will not pay said purchase orders without an official invoice. 6. .. DATED: ATTEST: E 0 14. The Library Board goes on the record as approving the Coastline Library Services agreement, subject to the approval of the Newport Beach City attorney. EXECUTED the day and year first above written. i • 1 CITY CLERK APPROVED AS TO LEG[ FORM: y� I COAST C0394UNITY COLLEGE D Executive Vice Chancellor/Business Affairs CITY OF NEWPORT BEACH By COAST COMM03Pf BOARD Of TRUST €:SS_. X- -Lc :­0 submitted to lh, a ?ni ° +c % ✓. _ . ewjL bY_ —` COASTLINE COMMUNITY COLLEGE By 7. OCT 2 r 1990 By the CITY COUNCIL CiTy 00 WRwp"T rft¢H TO: FROM: SUBJECT: Background 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER October 27, 1980 MAYOR AND CITY COUNCIL Assistant to the City Manager AGENDA ITEM NO. PROPOSED LIBRARY SERVICES AGREEMENT WITH COASTLINE COMMUNITY COLLEGE On September 22, 1980 the City Council received a report from the City Librarian (Attachment 1) regarding a proposed agreement with Coastline Community College. Basically, this agreement would formally allow for utilization of the Mariners Branch patio room as a videotape learning center site. This facility, and possibly others like it, would be open to both Coastline students and regular library patrons. The Council chose to defer a decision on the matter and continued the item to allow for further study. Meeting With Coastline On October 1, 1980 a meeting was held to discuss the subject agreement. Present, in addition to the undersigned, was Mayor Pro Tem Hart, Judy Clark, the City Librarian, and Dr. Peter Vander Haeghen of Coastline. As a result of this meeting, it was agreed that several revisions to the agreement would be appropriate. These suggested revisions would involve: 1. Emphasizing that the agreement is intended to benefit library patrons in addition to Coastline students. 2. Encouraging public use of the learning center facility and providing adequate instructional information on the use of the site. 3. Strengthening the language of the agreement relative to formal amendment procedures, more clearly defining the City's commitment to the facility's operation and inserting similar basic provi- sions. s 0 • TO: MAYOR AND CITY COUNCIL - Page Two 3 k 7 Board of Library Trustees Review On October 9, 1980 the Board of Library Trustees reviewed the proposed agreement as revised following the meeting with Coast- line. In a memorandum, dated October 10, 1980 (Attachment 2), the Board recommended approval of the basic document but offered a several additional suggestions. Attachment 3 is a copy of the proposed Library Services Agreement as revised pursuant to staff review. The concerns contained in the memo from the Board have J not yet been incorporated by the City Attorney's Office; however, they would be included should the Council approve the document. The earlier referenced and attached report from the City Librarian, dated September 22, 1980, is still valid in explaining the intent ;' and basic provision of the proposed agreement. Additionally, the. City Librarian expects to be present at the Council meeting to answer any questions which may arise. Council Action Formal Council approval of the subject agreement will require the adoption of Resolution No. authorizing the Mayor and City Clerk to execute same. to the City Manager GJB /jmt Attachments xc: City Manager City Librarian SEP 9- r_1 19;0 By "tie C'ry COUh4CIL CITY. GF N"POAT A ACH CITY OF NEWPORT BEACH LIBRARY DEPARTMENT • ATTACIVENT 1 Council Agenda No.:-4-2+e) September 22, 1980 TO: The Honorable P1ayor and Members of the City Council FROM: Judith M. Clark, City Librarian SUBJECT: Library Services Agreement /Coastline Community College. BACKGROUND: Last August, 1979, Dr. Peter Vander Haeghen, Director, Learning Systems and Services, Coastline Community College, contacted me regard- ing certain services offered by Coastline. At the Board of Library Trustees' invitation, he made a presentation to them in December, 1979. His purpose was threefold: (1) to provide general information and back- ground material on Coastline's curriculum, services and programs; (2) to present detailed information on a proposed Library Services Agreement; (3) to secure authorization from the Board to install materials and study equipment in the patio room of Mariners Branch Library. As a result of Dr. Vander Haeghen's excellent presentation, the Board sanctioned the use of Mariners Branch patio room as a learning center site for Coastline's Spring Semester which began in January, 1980. The permanent use of the patio room was, of course, subject to the approval by the Council of a Library Services Agreement. Between January and April, 1980, an Agreement was hammered out between Coastline Community College and the Board of Library Trustees. The third draft (March 5) of the proposed Agreement was reviewed by our City Attorney. His recommended changes were incorporated into the fourth draft (April 17), and the final version (April 24) is the one being proposed to the City Council. The long delay in securing Council approval has been due to: (1) Coastline was without an Attorney for 3 -4 months; (2) the Attorney, once hired, was caught up in union negotiations and other legal matters; (3) he then took a vacation. DISCUSSION: Basically, Coastline would provide the following: (1) videotape players, monitors, study carrels to support College credit telecourses; (2) repair and maintenance of this equipment; (3) complete sets of video courses and replacement tapes for those tapes that may be damaged or misplaced; (4) general areas of materials to be purchased. 11:� Y y 0 0 Honorable Mayor and Members of the City Council September 22, 1980 Page 2 Newport Beach Public Library would provide the following: (1) suf- ficient square footage for the equipment and materials; (2) electrical outlets to operate the equipment; (3) sufficient shelving to shelve the materials within close proximity to the equipment; (4) generalized monitoring of the area to prevent damage to the equipment by unqualified users; (5) materials, acquisitions, cataloging, reference and circulation services. COSTS: Coastline will pay for the cost of materials and a processing fee. Ownership of materials will revert to Newport Beach Public Library after five years. Payment for services will be made upon presentation of official invoices. The processing fee may be adjusted annually, if necessary. BENEFITS: Newport Beach is located within the Coastline Community College District. Residents who attend Coastline will be provided with a community -based learn- ing center. The equipment and materials are available to the general public, as well as Coastline students. The Library's limited materials budget will _ be enhanced while the Library's collection develops through resource sharing and cooperation. RECOMMENDATIONS: The Board of Library Trustees, in good faith, has informally supported the proposed Library Services Agreement between Coastline Community College and the City of Newport Beach. They have been most anxious, as has Dr. Vander Haeghen, to expeditiously conclude this matter. I recommend approval of the proposed Library Services Agreement at the meeting of the City Council on September 22, 1980. JMC:mt cc: Robert Wynn, City Manager • • ATPACHIJENT 2 CITY OF NEWPORT BEACH LIBRARY DEPARTMENT October 10, 1980 TO: Gerry Bolint, Assistant to the City Manager FROM: Judith M. Clark, City Librarian SUBJECT: Proposed Library Services Agreement with Coastline Community College The Board of Library Trustees, at their Special Meeting on October 9, 1980, approved the revised above - referenced document. The following recommendations were suggested for the Council's consideration, to be either addressed or discussed prior to adoption by the City Council. These recommendations are: (1) The Agreement should specifically define the relationship between the City of Newport Beach and Coastline Community College. More specifically, the relationship between the City of Newport Beach and Coastline Community College intended to be created by the Agreement is one of an independent contracting relationship only. It should be specifically referenced that Coastline Community College is, under no circumstances, to be constituted as an agent or employee of the City of Newport Beach for any purpose whatever and is expressly prohibited from doing any acts which do or may create the impression or inference that Coastline Community College is an agent or employee of the City of Newport Beach. Further, Coastline Community College is not granted any right or authority to assign or create any obligation or responsibility, expressed or implied, on behalf or in the name of the City of Newport Beach in any manner whatever. (2) No provision for recovery of Attorney's fees is included in case a lawsuit might ensue or occur which protects the City. (3) No liability clause mentioned. (4) No insurance clause to cover the physical presence of a Coastline Community College student in the Library. A rider on Coastline's insurance policy would cover this. The Board of Library Trustees expects this document will be considered by the Council on October 27, 1980. JMC:mt LIBRARY SERVICES AGREEMENT CITY OF NEWPORT BEACH AND COAST COMMUNITY COLLEGE DISTRICT/ COASTLINE COMMUNITY COLLEGE INTRODUCTION: ATTACHMENT 3 THIS AGREEMENT, made this day of , 1980, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and COAST COMMUNITY COLLEGE DISTRICT /COASTLINE COMMUNITY COLLEGE, (defined), hereinafter referred to as "COLLEGE," is made with reference to the following facts: PURSUANT to Title 1, Part II, Chapter 2, Article 4 of the California Education Code, an agreement of cooperating and shared resources is entered into. THIS AGREEMENT is designed to both enhance the learning experience for the Coastline Community College student and to augment the library services available to patrons of the Newport Beach Public Library. To this end the COLLEGE will request services of the Newport Beach Public Library hereinafter referred to as "LIBRARY" and in return will provide appropriate resources. FACILITIES: The facilities normally available to the library patron will be available to all of the students enrolled in the COLLEGE. In return, any special facilities added to or modified at the request of the COLLEGE will be available to all library patrons. SERVICES• The following general and specific services will be 1 of 6 provided by the LIBRARY in support of the COLLEGE library support services to students. 1. Materials Acquisition: Upon request from the Director of Learning Systems & Services of the COLLEGE in support of the COLLEGE'S entire academic program, materials will be ordered, received and catalogued. The COLLEGE will pay for the cost of the materials and a processing fee. This fee is to be reviewed and adjusted, if necessary, annually. All materials will be integrated into the LIBRARY'S collection. The LIBRARY will provide, semiannually (July 31 and December 15), a complete list of all materials acquired for the COLLEGE to the Director of Learning Systems & Services. Requests from the COLLEGE for materials are to be sent to the LIBRARY'S Materials Selection Coordinator. Materials purchased by the COLLEGE are to be marked by some identifiable means (i.e. property stamp, label, etc.) identifying them: "This item made available through a cooperative Agreement betweem Coastline Community College and Newport Beach Public Library." In addition to the above identification, the LIBRARY will include its property stamp with the understanding that actual ownership shall not revert to the LIBRARY until the terms of ownership are met. COLLEGE materials lost or damaged are the respons- ibility of the COLLEGE. Those materials lost or damaged will be replaced or repaired at the discretion of the Director of Learning Systems & Services. 2. Reference Services: Reference services will be identical for both the LIBRARY patron and the COLLEGE student. No distinction between service to the LIBRARY or the COLLEGE patron will be made. 3. Circulation: All of the COLLEGE'S students will have the same circulation privileges as LIBRARY patrons. Cards and other forms of identification for students to circulate materials will be provided by the LIBRARY. 2 of 6 n • • The COLLEGE student will be responsible for identi- fying him /herself as a currently enrolled student by use of a validated student I.D. card. Certain of the above items provided by the COLLEGE may be temporarily removed to expedite circulation if deemed necessary by the Director of Learning Systems & Services and in accordance with policies of the LIBRARY. The COLLEGE'S materials of special interest may be placed in various stages of restricted and reserved (i.e. teacher loan) circulation according to LIBRARY policy and with the approval of the Director of Learning Systems & Services and the Director of the LIBRARY. Materials purchased by the COLLEGE will be placed in the branch best reflecting the specialization of the LIBRARY'S collec- tion. These materials may be transferred to other branches on a temporary or permanent basis by mutual agreement between the Newport Beach City Librarian and the Director of Learning Systems & services. These materials will be integrated into the collection as with any other library material. The material will be available for inter- library loan in accordance with the LIBRARY'S policy. Weeding of the collection of the COLLEGE'S materials may be accomplished based upon the timeliness of the information, content and /or condition of the materials. The Director of Learning Systems & Services shall be notified of the intent to weed COLLEGE materials and must approve such action prior to its implementation. Should COLLEGE materials require repair or rebinding, the COLLEGE agrees to pay for binding costs incurred from the binder. The LIBRARY agrees to absorb all "in- house" costs for preparation, shipping and receiving of those items, utilizing existing staff and in accordance with established LIBRARY workload priorities. Ownership of materials purchased by the COLLEGE will remain with the COLLEGE for five years. After five years, ownership and responsibility for maintenance of all materials, other than videotape play back equipment and telecourse tapes, will revert to the LIBRARY. 4. Audio Visual Equipment: The COLLEGE students will have full access to audio visual equipment as is norm- ally supplied by the LIBRARY. The need for additional 3 of 6 equipment in support of the COLLEGE'S academic program will be sent to the Director of Learning Systems & Services who will attempt to satisfy those needs by using equipment currently owned by the COLLEGE or include those requests in the next year's budget projection. 5. Telecourse Viewing Systems: The COLLEGE will request permission of the LIBRARY Director to place telecourse viewing systems in various branch libraries within the Newport Beach Public Library System. If agreeable with both agencies, the COLLEGE will supply. a. Video tape playback equipment including videotape player, T.V. set, earphones and study carrel. Other similar equipment may also be included. b. video tapes of each course. C. Reference /resource materials for each course. d. Replacement of lost or damaged video cassette tapes. e. Audio tapes for specific courses. f. A.C. extension cords and multiple outlets for the equipment. g. All maintenance on equipment as described in item 6, this section. h. Printed instructions on operation of the equipment. The LIBRARY will supply: a. The square footage necessary to place the carrels in a location where they can be seen from one of the regular library staff stations. b. Electricity and an electrical outlet with 110 volt A.C. power. C. Sufficient shelving to house the video tapes. d. Monitoring of the area to prevent damage by unqualified users. 4 of 6 9 'Phese axons would he considered self- service unless the branch Librarian would prefer to establish different arrangements. The general public has equal access to the equipment for viewing personal or LIBRARY owned taped programs and the subject areas shall be appropriately signed to encourage public use. In addition, adequate instructional information on the use of the videotape equipment shall be provided at the facility. 6. Audio Visual Equipment Repairs: The COLLEGE shall be responsible for repair of all COLLEGE owned equipment. All equipment problems should be reported /referred to the COLLEGE'S INS Coordinator. 7. Materials Replacement: In the event that excessive use of LIBRARY materials by Coastline students and /or staff renders those materials unusable, the LIBRARY shall notify the Director of Learning Systems & Services and the COLLEGE shall replace said materials. S. Bibliography: Course bibliographies for the COLLEGE'S faculty, not to exceed 10 per year, shall be provided, upon request of the Director of Learning Systems & Services, by the LIBRARY, as part of the overall service. Any course bibliographies above 10 shall be paid for by the COLLEGE on an "at cost" basis for time and materials. 9. Promotion: Responsibility for promotion of the Newport Beach Public Library support of the COLLEGE'S program to the COLLEGE'S students shall be the COLLEGES'. 10. Review and Amendment: This agreement is subject to annual review by both the COLLEGE and the LIBRARY by January 15th of each year. The agreement may be amended from time to time relative to services and other pro- visions, through review and approval by the Coast Community College District Board of Trustees, the Board of Library Trustees and the Newport Beach City Council. 11. Cancellation: This agreement is subject to cancellation by either party upon receiving 30 days written notice. 5 of 6 DATED: ATTEST: 0 Termination shall commence at the end of the semester in which the notice is given. Should the contract be cancelled, the COLLEGE'S materials and equipment shall be returned to the COLLEGE within a reasonable period of time thereafter. In the event of cancellation, each party shall bear all of its own costs including processing and returning items. 12. Payment for services shall be made upon presentation of an official invoice. The COLLEGE may initiate purchase orders to the LIBRARY for services or materials without an invoice but will not pay said purchase orders without an official invoice. 13. The Library Board goes on the record as approving the Coastline Library Services agreement, subject to the approval of the Newport Beach City Council. EXECUTED the day and year first above written. CITY CLERK APPROVED AS TO LEGAL FORM: CITY ATTORNEY COAST COMMUNITY COLLEGE DISTRICT 6 of 6 By: CITY OF NEWPORT BEACH By: MAYOR "CITY" COASTLINE COMMUNITY COLLEGE By: "COLLEGE" OCT 14 1980 By }ho CITY COUNCVL cily a# Nvww Kh04H TO: FROM: SUBJECT: Background 9 • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER October 14, 1980 MAYOR AND CITY COUNCIL AGENDA ITEM Assistant to the City Manager NO. PROPOSED LIBRARY SERVICES AGREEMENT WITH COASTLINE COMMUNITY COLLEGE On September 22, 1980 the City Council received a report from the City Librarian regarding a proposed agreement with Coastline Community College. Basically this agreement would allow for utilization of the Mariners Branch patio room as a videotape learning center site. This facility, and possibly others like it, would be open to both Coastline students and regular library patrons.. The Council chose to defer a decision on the matter and continued the item until the meeting on October 14,. 1980 to allow for further study. Meeting With Coastline On October 1, 1980 a meeting was held to discuss the subject agreement. Present, in addition to the undersigned, was Mayor Pro Tem Hart who had requested the continuance, Judy Clark, the City Librarian, and Dr. Peter Vander Haeghen of Coastline. As a result of this meeting it was agreed that several revisions to the proposed agreement would be appropriate. These suggested revisions would involve: 1. Emphasizing that.the agreement is intended to benefit library patrons in addition to Coastline students. 2. Encouraging public use of the learning center facility and providing'adequate instructional information on the use of the site. 3. Strengthening the language of the agreement relative to speci- fying formal amendment procedures, more - clearly defining the City's commitment to the facility's operation and inserting similar basic provisions. TO: MAYOR AND CITY COUNCIL - Page Two Request for Continuance The above - referenced revisions have been submitted to•the =City. Librarian for review with the Library Board. In order to allow an opportunity for this review and in recognition of the fact that the City Librarian will be on vacation on October 14, 1980, it is requested that the matter be continued until the meeting on October 27th. the City Manager GJB /jmb xc: City Manager City Librarian Dr. Peter Vander Aaeghen R SEP 219 1980 By 'fhe QTY COUigcIL CnY. OF NfiWPMT WACH CITY OF NEWPORT BEACH LIBRARY DEPARTMENT Council Agenda No.:44 -2+e) September 22, 1980 TO: The Honorable Mayor and Members of the City Council FROM: Judith M. Clark, City Librarian SUBJECT: Library Services Agreement /Coastline Community College. %iAh 7ti 162 � OCT 14 1980 BACKGROUND: fly 60 CITY COUNCIL Last August, 1979, Dr. Peter Vander Haeghen, Director, LeaGMgfk WOMT IL40H Systems and Services, Coastline Community College, contacted me regard- ing certain services offered by Coastline. At the Board of Library Trustees' invitation, he made a presentation to them in December, 1979. His purpose was threefold: (1) to provide general information and back- ground material on Coastline's curriculum, services and programs; (2) to present detailed information on a proposed Library Services Agreement; (3) to secure authorization from the Board to install materials and study equipment in the patio room of Mariners Branch Library. As a result of Dr. Vander Haeghen's excellent presentation, the Board sanctioned the use of Mariners Branch patio room as a learning center site for Coastline's Spring Semester which began in January, 1980. The permanent use of the patio room was, of course, subject to the approval by the Council of a Library Services Agreement. Between January and April, 1980, an Agreement was hammered out between Coastline Community College and the Board of Library Trustees. The third draft (March 5) of the proposed Agreement was reviewed by our City Attorney. His recommended changes were incorporated into the fourth draft (April 17), and the final version (April 24) is the one being proposed to the City Council. The long delay in securing Council approval has been due to: (1) Coastline was without an Attorney for 3 -4 months; (2) the Attorney, once hired, was caught up in union negotiations and other legal matters; (3) he then took a vacation. DISCUSSION: Basically, Coastline would provide the following: (1) videotape players, monitors, study carrels to support College credit telecourses; (2) repair and maintenance of this equipment; (3) complete sets of video courses and replacement tapes for those tapes that may be damaged or misplaced; (4) general areas of materials to be purchased.. 0 • Honorable Mayor and Members of the City Council September 22, 1980 Page 2 Newport Beach Public Library would provide the following: (1) suf- ficient square footage,for the equipment and materials; (2) electrical outlets to operate the e"ip)nent; (3) sufficient shelving to shelve the materials within close proximity to the equipment; (4) generalized monitoring of the area to prevent damage to the equipment by unqualified users; (5) materials, acquisition, cataloging, reference and circulation services. COSTS: Coastline will pay for the cost of materials and a processing fee. Ownership of materials will revert to Newport Beach Public Library after five years. Payment for services will be made upon presentation of official invoices. The processing fee may be adjusted annually, if necessary. BENEFITS: Newport Beach is located within the Coastline Community College District Residents who attend Coastline will be provided with a community -based learn- ing center. The equipment and materials are available to the general public, as well as Coastline students. The Library's limited materials budget will be enhanced while the Library's collection develops through resource sharing and cooperation. RECOMMENDATIONS: The Board of Library Trustees, in good faith, has informally supported the proposed Library Services Agreement between Coastline Community College and the City of Newport Beach. They have been most anxious, as has Dr. Vander Haeghen, to expeditiously conclude this matter. I recommend approval of the proposed Library Services Agreement at the meeting of the City Council on September 22, 1980. JMC:mt cc: Robert Wynn, City Manager ocT z'� 1980 gy th• City COUN011. CI'[Y. OF PIGWP�T Yi�H 0 RESOLUTION NO. 0 A RESOLUTION OF THE CITY COUNCIL OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LIBRARY SERVICES AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND COASTLINE COMMUNITY COLLEGE DISTRICT /COASTLINE COMMUNITY COLLEGE WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Library Services Agreement between the City of Newport Beach and Coastline Community College District /Coastline Community College; and WHEREAS, the City Council has reviewed the terms and conditions of said Agreement and finds them to be satisfactory and that it would be in the best interest of the City to execute said Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 27th day of October 1980. Mayor ATTEST: City Clerk 102280 kv UNITED CALIFORNIA BANK ORANGE COUNTY REGIONAL TRUST OFFICE • 1018 NORTH MAIN STREET • SANTA ANA, CALIFORNIA • 7141558.5411 MAILING ADDRESS: BOX 1739 • SANTA ANA, LAUrORNIA 92702 February 22, 1979 To All Concerned: Reference is made to that certain Lease dated February 1, 1979 by United California Bank, as Lessor, and Carmelo Manto, as Lessee, and the following items are herewith added to become a part herewith of that referenced Lease, to be known Ras Schedule B: 1. It is understood and agreed by all parties signing this Lease that said Lease is subject to termination if necessary entertainment, alcohol and/or business licenses cannot be obtained from the appropriate governmental agencies. To and until such termination is made, rental ($550.00 per month) will be payable, 2. Paragraph 44.1, third subparagraph, under Line 3, the following wording is herewith inserted; "Used in the restaurant business conducted by Lessee",after the word "Lessee" and before the word "contained". LESSOR United California Bank, solely in its fiduciary capacity as Trustee under Trust #4-21-75-0 and not in its ind�yidual gror�pFrate capacity M _ ^- N D . 0. McCl.ellond , Unice President LESSEE Y —'�armelo Manto Harry J.AVpLZ„Ld , 44�'Ws Cant tF1--etary By Lewis Baltz, Beneficiary with right of. Withdrawal.