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HomeMy WebLinkAboutSANTA ANA UNIFIED SCHOOL DISTRICT (3)City of Santa Ana Clerk of the Council AGREEMENT TERMINATION �- R PH Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. "L IL a ------------------------------------------------------------------------------------------ NOTE: PLEASE INCLUDE ALL AMENDMENTS IF ANY. THpn�K YOU. The agreement with - �5- aj*;& �/t Oj j''�,I�i l � z No. f s was completed on and final payment has been made. �� 1MM7 Department: PeoA-A Phone/Ext.: � Signature: t Date: INSURANCE NOT REQUIRED A-2009-213 WORK MAY PROCEED CLERK OF COUNCIL IIATF- Z — Z LJ — l O COOPERATIVE AGREEMENT BETWEEN THE SANTA ANA UNIFIED SCHOOL DISTRICT AND CITY OF SANTA ANA This Cooperative Agreement ("Agreement") is hereby entered into this 21 st day of December, 2009 by and between the City of Santa Ana, a charter city and municipal d corporation organized under the Constitution and laws of the State of California ("City") and LL the Santa Ana Unified School District, a California public school district organized under the Constitution and laws of the State of California ("District"). .41 RECITALS o d c� A. The City and the District share a common purpose in extending library services to children and their parents living in the southern areas of the City of Santa Ana. B. The City and District recognize that there is a strong correlation between library use by children and success in school. C. The intent of this Agreement is to use already existing resources of both the City and the District to provide public library services in areas of the City where a public library facility does not exist. D. A partnership between the City of Santa Ana and Santa Ana Unified School District promoting the use of high school libraries to their surrounding communities after school hours is a logical extension of the correlation between library use and academic success. E. The high school sites identified in this Agreement can provide a safe and wholesome environment for kids and their parents, skilled and competent library staff, and up to date materials and technology. F. The City and District are agreeable to rendering such services on the terms and conditions hereinafter set forth. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: I. DISTRICT RESPONSIBILITIES A. District will provide a supervised environment for children and adults accompanying them for use of library materials and information technology in three high school libraries. B. The campuses housing those libraries are Century, Valley, and Saddleback High Schools. 1 of 5 4 C. District will staff each of the locations with Library staff to assist members of the community in the use of the libraries. D. District will loan books and other material to District students and immediate family members, in a manner that is consistent with District policies and procedures established to meet the intent of this Agreement. E. The District will maintain records of library use during the hours funded under this Agreement and the City will regularly review the level of usage. F. The District will provide library services, including book loans, at Century and Saddleback High Schools from 4 p.m. to 7:00 p.m., and at Valley High School from 5:00 p.m. to 8:00 p.m., Tuesdays through Thursdays from February 2, 2010, until May 27, 2010 ("Extended Library Service"). G. The District will provide qualified Certificated library staff during the Extended Library Service hours. H. The District will provide typical accommodations for library users such as books, magazines, tables, chairs, access to information technology, drinking fountains, and restrooms. I. The District will provide monthly reports on use, by location. II. CITY RESPONSIBILITIES A. The City will pay the District $59,328 to cover costs of additional service to the public (Additional Service Cost). B. The City will allocate $10,158 to hire part-time Library Technicians to staff the extended library hours. C. The City will also pay $600 to cover replacement of instructional supplies and custodial supplies. The supply cost shall be paid in full to the District on or before the start of the Extended Library Service. III. DISPUTE RESOLUTION Any material breach of this Agreement alleged by either party shall be subject to notification in writing to the alleged breaching parry, as provided herein. Each party shall be accorded a 30-day period from actual receipt of written notification to cure each and every breach identified in the notification. Failure to provide notification in writing and the opportunity to cure any alleged breach shall constitute a waiver of that breach of the Agreement. Any dispute as to the existence of a material breach, the acceptability of a cure for each alleged breach, or the appropriate remedy for each and every material breach of this Agreement shall be resolved by mediation followed by arbitration by a mediator/arbitrator agreeable to both parties. Arbitration of disputes as to material breach of this Agreement shall be final and binding as the 2of5 exclusive remedy for enforcement of the rights and responsibilities of all parties subject to this Agreement. IV. INDEMNIFICATION Each party agrees to indemnify and hold harmless the other party, its officers, agents, and employees from all liability, claims, losses and demands, including defense costs, whether resulting from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or employees except where such liability, claims, losses, and demands arise solely from the willful acts or omissions of the non -indemnifying party. V. INSURANCE Both the City and the District shall maintain, for the period covered by this Agreement, at their own respective costs, their own respective policy or policies of general liability insurance and property insurance. Each party waives subrogation of its insurance coverage for the other entity. Self-insurance authorized by state law and/or maintained by the City or the District in the regular course of business for its other activities shall satisfy this requirement. Prior to the start of Extended Library Service, both parties shall furnish the other party with policies or certifications evidencing the party's insurance coverage. VI. NOTICES All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally, or three (3) days after depositing in the United States mail duly registered or certified, postage prepaid, addressed as follows: If to CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Attorney If to DISTRICT: Santa Ana Unified School District 1601 E. Chestnut Santa Ana, CA 92701 Attn: Office of the Superintendant 3 of 5 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. VII. JURISDICTION This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. VIII. ENTIRE AGREEMENT This AGREEMENT sets forth the entire understanding between the parties with respect to library services. IX. TERM The term of this Agreement shall commence on the date first set forth above and terminate on June 30, 2010, unless otherwise sooner terminated as provided in this Agreement. Upon termination, District shall return any unused monies. X. TERMINATION A. Either party may terminate this Agreement, without cause, upon Ninety (90) days written notice given the other party. B. Either party may terminate this Agreement, upon Ninety (90) days written notice given the other party for material breach after failure to resolve the breach pursuant to the Dispute Resolution paragraph of this Agreement. C. The rights and remedies of the District or City provided in this Termination paragraph shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. XI. THIRD PARTY BENEFICIARY 4of5 Neither party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to any subcontractors or any member of the public provided services hereunder. XII. MISCELLANEOUS PROVISIONS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of Orange, State of California, on the date and year first above written. Santa Ana Unified School District By: ) Jane A. nsso Superintendent Audrey Y agata- oji, Ph.D President of the Board Attest: Approv City of Santa Ana By: C�- David N. Ream City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: 5 of 5