Joint Use Cooperative Agreement Between the San Francisco Public Library and the San Francisco Unified School District

Ortega Branch Library

A.P. Giannini Middle School

Sunset Elementary School

 

This Joint Use Cooperative Agreement is entered into on (insert date) by and between  the San Francisco Public Library (Library) and the San Francisco Unified School District (District) on behalf of Ortega Branch Library, A.P. Giannini Middle School and Sunset Elementary School.  The purpose of this Agreement is to provide for certain joint venture projects as specified in Education Code section 19994(a) and Title 5 Library Bond Act Regulation 20440(e)(3)(G).

 

Whereas, the Library and the District have demonstrated a sustained collaborative working relationship; and

 

Whereas, the joint activities described in this Agreement are in addition to a long-standing relationship in arranging class visits to the Library and school age children’s participation in various Library reading programs (e.g. the Summer Reading Program); and

 

Whereas, the District supports the Library’s goal of informational literacy of all students; and

 

Whereas, the Library supports the District’s goal of increased academic achievement of all students; and

 

Whereas, extensive consultation with the community and school staff during the in-depth needs assessment for the Public Library Construction and Renovation Bond act of 2000 application clearly identified a need for family literacy support and homework assistance;

 

No therefore, the San Francisco Public Library and the San Francisco Unified School District find that it is mutually beneficial to continue and expand upon the collaborative partnership in a way that will reinforce and strengthen the learning process of K-8students.  The parties agree as follows:

 

1.  The Library and the District agree to engage in joint venture projects in at least two areas, Family Literacy and Homework Center as described below.  This agreement is contingent upon the Library receiving grant funding from the Public Library Construction and Renovation Bond Act of 2000, which will result in a newly constructed Ortega Branch Library of the San Francisco Public Library with the necessary space and equipment to conduct these activities.

 

A.  Family Literacy Center.  Based upon needs assessment findings, a Family Literacy Center will fill a high priority need for the community served by the new Ortega Branch Library.  A.P. Giannini Middle School and Sunset Elementary School have a strong commitment to encouraging student school success through family literacy.  The Library would become an active partner in this effort through a variety of activities in conjunction with the schools.  These activities would expand upon the Library’s more general literacy support function by providing a series of programs designed to establish the Ortega Branch as an additional, more publicly accessible, partner in a community approach to developing strong family literacy within the area.  In support of this effort:

 

 

 

 

 

 

 

 

 

B.  Homework Center.

A supportive space in which to do homework can have a major impact on a student’s ability to succeed in school.  The Library recognizes that the area schools are not open to students in the evening and that a home situation may not be conducive to such an activity (e.g. too crowded; no support materials; family members who may not be able to help).  Therefore, the Library, which already provides a variety of supportive resources, will establish a formal Homework Center function  for the students of the A. P. Giannini Middle School and the Sunset Elementary School.

 

 

 

 

 

        In addition the Library and schools will develop a vigorous program of class visits to the Library

        for general library use in support of developing an overall love of reading.

 

 

 

 

 

 

Future Projects

The Library will work to expand cooperation with other schools within the Ortega Branch service.  In addition, it will work with the College Access Center program, a program that provides assistance and information to students about choices after high school,  housed at the Main Library to encourage A.P. Giannini Middle School students to consider college options as they advance into high school.

 

Funding for Collaborative Projects

 

Funding for the furniture and equipment for the delineated projects within the Ortega Branch Library will be provided by the Friends & Foundation of the San Francisco Public Library.  Funding for building construction will be provided by San Francisco’s Branch Library Facilities Improvement Bonds, supplemented with revenues from the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000.  Ongoing operations of the Ortega Branch Library, and the staff required to run the branch and programs, will be funded by Library dedicated property and City General Fund revenues under the requirements of the Library Preservation Fund.  The District will provide staff time and relevant resources for the Family Literacy Center and Homework Help Center within the bounds of the school site plan and District priorities.

 

Supervision of Staff

 

Supervision of teachers and all other school personnel will be the responsibility of the District.  Supervision of Library staff (including technical support) and volunteers in the Homework and Family Literacy programs will be the responsibility of the Library.  Project Read staff will supervise literacy volunteers.

 

Hours of Service

 

Library hours of service for students and the public at the Ortega Branch Library are:  Mondays from 10:00AM to 6:00PM; Tuesdays from 10:00AM to 6:00PM; Wednesdays from 1:00PM to 9:00PM; Thursdays from 1:00PM to 9:00PM; Fridays from 1:00PM to 6:00PM; Saturdays from 10:00AM to 6:00PM.    The Library will be open 45 hours per week. Library hours are adjusted every five years after a series of public hearings, as required by the Library Preservation Fund.

 

Library Location

 

The proposed joint use projects will be located at the newly renovated Ortega Branch Library at 3223 Ortega Street (at 39th Avenue).  The branch sits between and immediately adjacent to the A.P. Giannini Middle School and Sunset Elementary School. 

 

Ownership of Library Building and Responsibility for Operations

 

The Library will be the owner of the Ortega Branch Library building.  The Library also will own all furnishings and equipment in the building as well as the entire book and materials collection and all computer equipment. 

 

The Library will be responsible for facility operation and management for the Ortega Branch library and will provide building and equipment maintenance, including maintenance of all computers, telephones, TV/Video and/or future electronic equipment installed or placed in the Library unless specifically excluded through other grants or lease arrangements.

 

 

Review of Agreement

 

During the first year of this Agreement, an equal number of representatives from the Library and the District will meet quarterly to review, evaluate and modify the conditions of this Agreement.  During the second year, an equal number of representatives will meet biannually (twice a year), and in the third year and beyond, representatives will meet biennially (every two years) to review and modify this Agreement.  At any time, review and modification meeting may be called as needed by either party with a 30-day written notice.

 

Field Act

 

The Ortega Branch Library project is not subject to the Field Act requirements for review of plans and specifications by the Division of the State Architect for structural safety, disabled access and fire/life safety.  The rationale for this determination is that student attendance at programs or instruction at the Ortega Branch Library will be provided as part of a class visit to the Library.  No part of the Library will serve as a classroom or permanent teaching site for students. 

 

20-Year Agreement

 

The term of this Agreement for joint use library services shall be for a period of 20 years following completion of the project.  The project shall be deemed completed when the City determines that the construction of the Ortega Branch Library is substantially complete and the building is ready for occupancy. 

 

Forty-Year Public Library

 

The Ortega Branch Library shall be dedicated to public library direct service use for a period of forty years following the completion of the project.  Education Code Sections 1999 and Title 5 Library Bond Act Regulations 20220 (e)(3)(G) are incorporated herein to this Agreement.

 

Dispute Resolution

 

If any party defaults in its performance, the aggrieved party shall promptly notify the defaulting party in writing.  Any dispute shall be first addressed at an administrative level between the parties.  If a successful resolution cannot be obtained at the administrative level, the dispute shall be forwarded to the governing body of each party for final resolution.

 

Indemnification

 

A.  City agrees to indemnify and hold harmless District and their employees, agents and elective and appointive boards from and against any damages including costs and attorney’s fees arising out of any negligent or intentional acts or omissions of City, its employees or agents. 

 

B. District agrees to indemnify and hold harmless City, their employees, agents and elective and appointive boards from and against any damages including costs and attorney’s fees arising out of any negligent or intentional acts or omissions of District, its employees or agents.

 

Changes and Amendments

 

A.  Any party may request changes in the scope of services.  Any mutually agreed upon changes shall be effective when incorporated in written amendments to this Agreement.

 

B. The party desiring the revision shall request amendments to the terms and conditions of this Agreement in writing.  Any adjustment to this Agreement shall be effective only upon the mutual agreement in writing of the City, the District and the Library.

 

C. No verbal agreements or conversations prior to execution of this Agreement or any requested Amendment shall affect or modify any of the terms or conditions of this Agreement unless reduced to writing according to the applicable provisions of this Agreement.

 

D. If the contemplated funding for these programs should become unavailable, the parties will re-negotiate the joint venture services to be provided under this Agreement.

 

 

 

 

 

By:  ________________________________                             By:  _________________________________

         San Francisco Public Library                                            San Francisco Unified School District

 

 

Date:  _______________________________            Date:  ________________________________