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HomeMy WebLinkAbout2002-06-10 City Council (4)City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT:COMMUNITY SERVICES DATE: SUBJECT: JUNE 10, 2002 CMR: 281:02 APPROVAL OF AGREEMENT BETWEEN CITY AND PALO ALTO UNIFIED SCHOOL DISTRICT FOR DEVELOPMENT OF EVERYONE’S HOMEWORK AND ENRICHMENT CENTER IN THE PROPOSED SOUTH RESOURCE LIBRARY AT MITCHELL PARK RECOMMENDATION Staff recommends that Council approve the Joint Use Cooperative Agreement with the Palo Alto Unified School District (PAUSD) for development of "Everyone’s Homework & Enrichment Center" in the proposed South Resource Library at Mitchell Park. BACKGROUND On May 20, 2002, Council approv, ed the submission of a joint venture project of collaboration with the PAUSD, the Everyone’s Homework and Enrichment Center (EHEC) as part of the City’s application for funding from the State Bond Act (see CMR: 262:02). The EHEC proposal is to establish a place and a program providing a familiar and safe location after school for homework and enrichment activities outside the school library or classroom as a part of the planned new Mitchell Park Resource Library. DISCUSSION When Council reviewed the project concept last month, a draft legal agreement was attached to the CMR. Subsequently, the agreement wording has been finalized between the two parties (Attachment 1). The PAUSD Board took action approving the legal agreement on May 28, 2002. Council action is needed to submit a copy of the agreement with the City’s B ond Act application, due June 14. POLICY IMPLICATIONS In appr0vi.ng this agreement, Council is establishing a policy to continue the collaborative program with PAUSD for aminimum of twenty years and to op~rate the library for forty years. CMR:281:02 Page 1 of 2 ENVIRONMENTAL REVIEW In accordance with Bond Act guidelines and other requirements, this project is being reviewed per the California Environmental Quality Act (CEQA). Staff has prepared a MND for the Mitchell Park Library and Community Center project, which will be reviewed by Council on June 10,2002. ATTACHMENT Attachment 1’Joint use cooperative agreement for development of "Everyone’s Homework & Enrichment Center" in the proposed South Resource Library at Mitchell Park. PREPARED BY: Director of Libraries DEPARTMENT HEAD: PAUL Director of Community Services CITY MANAGER APPROVAL: SON Assistant City Manager CMR:281:02 Page 2 of 2 ATTACHMENT A JOINT USE COOPERATIVE AGREEPIENT FOR DEVELOPMENT OF ~EVERYONE’S HOMEWORK & ENRICHMENT CENTER" IN THE PROPOSED SOUTH RESOURCE ’LIBRARY AT MITCHELL PARK This AGREEMENT is entered into this day of , 20.02, by and between City of Palo Alto and Palo Alto Unified School District, hereinafter referred to as "City" and "School District/’. RECITALS i. The City and School District. bo~h support physical space and activity programs that make homework and enrichment activities a .priority for children and teens who are enrolled, primarily, in the 4th through 8th grades, after school year round. 2. The City and School District wish to cooperate regarding the City’s development of Everyon@’s Homework & Enrichment Center to serve school age children. 3. The City and School. District intend this Agreement to support the City’s application under the California Reading and; Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 funding pursuant to California Code of Regulations, Title 5, section 20440. follows: NOW, THEREFORE, the City and School District agree as A. Definition of Roles andResponsibilities i. Funding. City and ¯ School District will jointiy support the Center through development of an annual project budget. 2. Staffing. City Library staff will hire and train Everyone’s Homework & Enrichment Center staff who will staff the center during open hours. 3. Supervision and Management. The City will supervise all staff, paid and volunteer, at the center site. 4. Operation.The City will be responsible for establishing the rules, regulations and procedures for operation of the center. B. Description of Joint Library Services and How They Will Be Provided. The EHEC will establish a place and a program 020528 sdl 0053031 providing a familiar ~and Safe location for homework and enrichment activities outside the school library or classrooms. It will operate year round, targeting children and teens primarily in the 4th through 8th grades. Staff from the City’s Library and Recreation Divisions will plan programs and provide resources to foster the education of the whole, child, based upon consultation~ with School District staff. Volunteers will primarily prowide staffing of the center, and will include high school students and peer-to-peer tutors , as well as adults, with oversight at the library provided by City staff. There will be a jointly prepared written annual service plan. School District will make its students aware of tutoring positions available and will be available for training such tutors. C. Library Hours of Service for Students and the Public. The projected hours of operation are: School Year: Monday, Tuesday~ Thursday:3:30-7:00 pm Wednesday:2:30-7:00 pm Sunday:1:00-5:00 pm. Summer School: Monday - Thursday:1:00-5:00 pm D. Staffing Resources. EHEC staff on duty during scheduled hours includes a Homework Advisor and volunteers. City staff will provide planning, promotion and evaluation assistance, Center program coordination, collection administration and reference’ services. School District staff will be consulted on annual planning, promotion and evaluation activities, assist with recruiting and coordinating student tutors and provide library reference referral.Specific resources will be identified in an annual budget. E. Proposed Use of Volunteers. Volunteers will be recruited and trained by City and School District staff. Volunteers will be supervised by City staff. F. Location. Everyone’s Homework Center will be located in the City’s South Resource Library at Mitchell Park. .G. Site, Fixture and Library Materials Ownership. i. The City owns and will retain ownership of the site, buildings and equipment. 020528 sdl 0053031 2. The City will select and provide all equipment, supplies, and furnishings for the Center. The City will provide a core curriculum-based reference collection and core homework project collection for use in the center and space for enrichment activities. The School District will provide public copies of core textbooks and other appropriate materials that the School District utilizes for grades 4 through 8 for use in the center only.The School District may also loan its collection of Summer Reading books for circulation during the summer, provide access to on-line subscription services for students and provide other materials mutually agreed upon. Policies for Checkout of School District materials will be determined by the City and PAUSD representatives. 3. The School District will materials provided for use at the center. retain ownership of H. Sources and Use of Funding. School District and City funds will support Center planning, staffing, promotion and services] An annual budget will be jointly developed by staff. Community support will be. sought for financial and in kind services. I. Responsibility for Facility Operation, Maintenance and Management. The City will be responsible for facility operation, maintenance and management as provided above. J. Review and Modification Process for Conditions of the Agreement. This agreement may be modified or terminated upon mutual consent of the parties. This agreement will terminate in the event the facility is destroyed and not reconstructed within 12 months. K. Field Act Applicability and Rationale. The Field .Act, Education Code sections 17281, et seq. is not applicable to the center because it is a facility into which neither pupils nor teachers are required to enter, the program is not part of Schoo! District’s curriculum or statutory mandate, and joint .programming activities do not make a facility subject to the Field Act. Additiona!ly, the State Architect has advised that the Field Act is not applicable to programs using library bonds of this type. 020528 sdl 0~53031 3 L. Term of Agreement; Incorporation and Acknowledgment of Education Code section 19999and California Code of Regulations, Title 5, section 20440(e) (3) (G). i. Consistent with the terms of California Education Code section 19999, which is incorporated by this reference, the term of this Agreement shall be twenty (20) years from the date of commencement of the cooperative use. .The parties understand that this represents a twenty (20) year commitment to provide cooperative, joint use areas for programming as described in this Agreement, .subject to continued availability .of funding sources. If the programs described in this Agreement become impossible to continue operating during the twenty (20) year period because of lack of ’funds or other reasons, the .parties agree to use their best efforts to find a comparable cooperative project. 2. The parties agree that, pursuant to Title 5, Code of Regulations 20440, which is incorporated by this reference, the Facility shall be dedicated to public library direct service use for a period of forty (40) years following commencement of the cooperative use, regardless of any other operating agreements entered into by each respective party for library services with other agencies. M.Indemnification. The City shall investigate, defend and indemnify the School District from any and all claims, demands, actions or. damages arising out.of the City’s performance of this Agreement except for those claims, demands, actions or damages resulting solely from .the negligence of the School District, its officers, agents and employees. The School District shall investigate, defend and indemnify the City from any and all claims, demands, actions or damages arislng out of the School District’s performance of this Agreement except for those claims, demands, actions or damages resulting solely from the negligence of the City, its officers, agents and employees. N.Complete Understanding and Amendments. This agreement and the attached exhibits set forth the complete agreement and understanding of the parties; any modification must be in writing executed by both parties. 020528 sdl 0053031 O.Notices. If at any time after the execution of this agreement, it shall become necessary oF convenient for one of the parties hereto ..to serve any notice, demand or communication upon the other party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the United States mail, return receipt requested, firstclass postage.prepaid and (i) if intended for City shall .be addressed to: City Clerk City of Palo Alto P.O. Box 10250 Palo Alto, CA 94301 with a copy to:Director of Community Services Department P.O. Box 10250 Palo Alto, CA 94301 and (2) if intended for PALO ALTO UNIFIED SCHOOL SCHOOL DISTRICT shall be addressed to: Superintendent Palo Alto Unified School District 25 Churchill Avenue Palo Alto, CA 94306 or to such other address as either party may have furnished’to the other in’writing as a place for the ~service of notice. Any notice // // // // // // II II // 5 020528 sdl 0053031 so mailed shall be deemed to have been given as of the time the same is deposited in the United States mail. IN WITNESS¯ WHEREOF, the parties have executed this agreement on the date and year first above written. CITY OF PALO ALTO Amunicipal corporation PALO ALTO UNIFIED SCHOOL DISTRICT Frank Benest City. Manager John Barton President, Board of Education ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Ariel Pierre Calonne, City Attorney Mary Frances Callan Superintendent By APPROVED AS TO CONTENT: Pau! Thiltgen, Parks and Recreation Director By 020528 sdl 0053031