Joint Use Cooperative Agreement Between the San Francisco Public Library And the San Francisco Unified School District
Visitacion Valley Elementary School
Visitacion Valley Middle 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 Visitacion Valley Elementary School and Visitacion Valley Middle School. The purpose of this Agreement is to provide for certain joint use 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;
Now therefore, the San Francisco Public Library and the San Francisco Unified School District, finding that it is mutually beneficial to continue and expand upon their collaborative partnership in a way that will reinforce and strengthen the learning process of middle school students, agree as follows:
1. The Library and the District agree to engage in joint venture projects in two areas, Family Literacy and Homework Center. 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 Visitacion Valley 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 Visitacion Valley Branch Library. Visitacion Valley Elementary School has a strong commitment to encouraging student school success through family literacy. The Library will become an active partner in this effort through a variety of activities in conjunction with the school. These activities will expand upon the Library’s more general literacy support function by providing a series of programs developed in conjunction with the school designed to establish the Visitacion Valley Branch as an additional, more publicly accessible, partner in a community approach to developing strong family literacy within the school’s service area. In support of this effort:
B. Homework Center
The Visitacion Valley Middle School has made homework support a primary focus both in the school and through their agreements with the Beacon Center housed within the school building. They also recognize that a supportive space in which to do homework off of the school grounds can serve as an additional enhancement of the school’s homework support system. In return, the Library recognizes that the school is not open to students in the evening and on weekends and that it can provide a variety of resources that can expand and support homework assistance. Therefore, the Library will establish a formal Homework Center for the students of Visitacion Valley Middle School:
The Library will work to expand cooperation with other schools within the Visitacion Valley Branch service area. In addition, it will work with the College Access Center program housed at the Main Library to encourage Visitacion Valley Middle School students to consider college options as they advance into high school.
Funding for the furniture and equipment for the projects described above that will operate within the Visitacion Valley 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 Visitacion Valley Branch Library, and the staff required to run the branch and programs, will be funded by Library dedicated property tax 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 and Homework Center functions within the bounds of the school site plan and District priorities.
Supervision of teachers and all other school personnel will be the responsibility of the District. Supervision of Library staff will be the responsibility of the Library. Project Read will supervise literacy volunteers.
Library hours of service for students and the public at the Visitacion Valley Branch Library are: Tuesdays from 10:00AM to 6:00PM; Wednesdays from 12:00PM to 7:00PM; Thursdays from 1:00PM to 7:00PM; Fridays and Saturdays from 1:00PM to 6:00PM. The Library will be open a minimum of 31 hours per week. Library hours are adjusted every five years after a series of public hearings, as required by the Library Preservation Fund.
The proposed joint use projects will be located at the newly constructed Visitacion Valley Branch Library at Leland and Rutland streets. The Branch is within walking distance of the schools.
The Library will be the owner of the Visitacion Valley 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 Visitacion Valley 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.
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. In addition, a review and modification meeting may be called by either party at any time upon 30-day written notice.
The Visitacion Valley 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 Visitacion Valley 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.
Twenty-Year Agreement
The District and the Library agree to provide joint use library services consistent with the intent of this Agreement and the needs of the community for a period of at least twenty years following completion of the new Visitacion Valley Branch Library. The new Visitacion Valley Branch Library shall be deemed completed when the City determines that the construction of the Visitacion Valley Branch Library is substantially complete and the building is ready for occupancy.
The Visitacion Valley 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 19999 and Title 5 Library Bond Act Regulations 20220 (e)(3)(G) are incorporated herein into this Agreement.
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.
A. Library 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 Library, its employees or agents.
B. District agrees to indemnify and hold harmless Library, 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.
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 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: _________________________________
Board of Supervisors, San Francisco Unified School District
City and County of San Francisco
Date: _______________________________ Date: ________________________________