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HomeMy WebLinkAbout2008/06/17 Item 8 CITY COUNCIL AGENDA STATEMENT ~'l;",;,~' ..:~W~ CITY OF ~ CHUlA VISTA c, JUNE 17, 2008, ltem i...' ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RENEWAL OF AN AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE JOINT USE OF THE LIBRARY FACILITY AT EASTLAKE HIGH SCHOOL LIBRARY DIRECTOR 'tV CITY MANAGER ASSISTANT CIT SUBMITTED BY: REVIEWED BY: SUMMARY The agreement between the City of Chula Vista and the Sweetwater Union High School District, providing for the joint use of the Eastlake High School Library, expires on June 30, 2008. A new agreement to continue this popular collaborative venture has been negotiated and is expected to be approved by the Sweetwater District Board on June 16, 2008. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity in question may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. 4/STHS VOTE: YES D NO ~ RECOMMENDATION That City Council adopt the Resolution. BOARDS/COMMISSION RECOMMENDATION At their meeting of May 21, 2008, the Library Board of Trustees voted to recommend approval of an agreement between the City and the Sweetwater Union High School District, providing for the continuation of a joint use library at Eastlake High School for a two-year period ending on June 30, 2010, with two one-year options to renew (Attachment "A"). 8-1 DISCUSSION In August 1993, the City and Sweetwater Union High School District entered into the first agreement to jointly provide library services at Eastlake High School. In September 1999, the agreement was renewed for a third time. This innovative partnership has resulted in the City's ability to provide very popular library services to the eastside of the city. Library staff with support from the City Attorney's Office, has negotiated another multi- year agreement (Attachment "B"). The proposed renewal agreement continues the basic premises of previous agreements. The District will: · Allow the City to use the Facility, rent free, for public library services, with hours beginning no earlier than 3:30 p.m. and ending no later than 9:00 p.m. Monday through Thursday, and Saturday hours of 9:00 a.m. to 6:00 p.m. (the library would close to the public at 5:00 p.m.). · Provide for all custodial service on all days of operation and pay for all utilities, except for the City Library's fax line. · Provide ten (10) or more public access computer workstations with three (3) or more networked printers and printer supplies. · Provide on-campus parking for the public and staff. The City will: o Catalogue all School Library materials and provide the School Library and the District access to the City's automated library system, including circulation and online catalog functions, following City policies regarding patron registration, loan periods, fines, access to materials and restrictions for delinquencies. o Provide access to the City information network via frame relay. · Provide six (6) computer workstations for access to the catalog and three (3) computer workstations for circulation purposes. Both parties agree to make reasonable efforts to maintain and enrich the book collection. Both parties also agree to allow all patrons equal access to all library materials, regardless of jurisdiction or ownership. Neither party shall remove, label or prohibit access to any library material owned by the other party. Both parties also agree to staff the Library Facility with qualified, competent, professional, and team oriented employees that will strive to provide excellent customer service, work cooperatively, and keep the best interests of the students and public as their number one priority. The terms of the proposed renewal agreement would expire June 30, 2010. There are also two (2) one-year options to renew the agreement, which are to be executed by June 30 of each year after 2010. On June 16,2008, the Board of the Sweetwater Union High School District is expected to approve this renewal. 8-2 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMP ACT The Fiscal Year 2008/09 budget includes funding in the amount of $270,248 to operate the Eastlake Library. ATTACHMENTS A: May 21, 2008 Draft Minutes of the Library Board of Trustees B: Eastlake Library Renewal Agreement 8-3 ~.~~.~ PUBLIC LIBRARY (HULA VISTA DRAFT MINUTES LIBRARY BOARD OF TRUSTEES Attachment A ~\ft... ~ -- - ---- - -- CITY OF (HULA VISTA MAY21,2008 4:00PM CIVIC CENTER LIBRARY CONFERENCE ROOM BOARD MEMBERS PRESENT: CHAIR VALERIO, TRUSTEES 0 LiNDER, S LiNDER, & STILLMAN BOARD MEMBERS ABSENT: TRUSTEE MARTINEZ CITY STAFF PRESENT: LIBRARY DIRECTOR LEAH BROWDER, ASSISTANT LIBRARY DIRECTOR ROD REINHART, SECRETARY ANNA GIULIANO, SR. MANAGEMENT ANALYST MARIYAANTON OTHERS PRESENT: JOAN ROSEMAN, FRIENDS OF THE LIBRARY I. CALL TO ORDER I ROLL CALL Board Chair Valerio called the meeting to order at 4:02pm II. ApPROVAL OF MINUTES Motion was made (0 Linder I S Linder) to accept the Minutes of the April 16, 2008 Regular meeting. Motion was unanimously carried. III. CONTINUED MATTERS A. FY 2007-2008 - Discussion regarding the current budget took place; the Library continues to work with Finance for a trouble-free turnover to the new budget year. B. FY 2008-2009 - Retirement of Assistant Library Director Roderick Reinhart was announced; his last day is scheduled to be August 4, 2008. Trustees were advised that they would attempt to fill the assistant director's position as well as that of an Associate who would also be retiring; however, it may not be done until the end of the calendar year due to the hiring freeze. Discussion regarding Fiscal Year 2008-2009 took place and it was mentioned the City Manager was happy expanded hours would be returned to the Civic Center Branch; new hours to take affect on August 1, 2008. Director Browder advised she had attended a meeting of the Veteran's Advisory Commission regarding a "Veteran's Wing" at the Civic Center Branch and the suggestion was met with enthusiasm. Members of the VAC advised Ms. Browder to also contact the Veterans of Foreign Wars, the American Legion and the Veteran's Affairs Committee asking for support. Remodeling of the Civic Center Branch was discussed. Re-carpeting of the Children's Room at the Civic Center Branch is scheduled for the Memorial Day weekend. Chair Valerio advised that pictures of before & after should be taken and the Friends of the 8-4 Attachment A DRAFT MINUTES liBRARY BOARD OF TRUSTEES Library should send out a press release. Fundraising for further renovation was discussed as well as fundraising for a bookmobile. C. REORGANIZATION - Discussion regarding the Library's reorganization took place with Director Browder advising the move would take place the first week of June in order to have everything in place when the expanded hours take effect as well as the library's new centralized schedule. IV. NEW BUSINESS A. BOOK DROP FOR SOUTH A memo submitted by Ramiro Gonzalez, South Branch Manager, was distributed. Director Browder advised she would contact General Services to ascertain if the approximate $7,000.00 would be enough to cover installation of two book drop boxes at the South Branch. B. Chula Vista Land Deal for UniversitylTechnology Park Chair Valerio discussed the option of the City using newly acquired land in east Chula Vista set aside for a possible university to build a library on. Board of Trustees felt the option should be further investigated. C. School District Agreements Trustees were advised that two school district agreements would expire June 30, 2008; the Eastlake agreement with the Sweetwater Union High School District and the After School Program agreement with Chula Vista Elementary School District. After a short discussion, Motion was made (Stillman / S Linder) to recommend City Council approve the Resolution approving the renewal of an agreement with the Sweetwater union High School District for the joint use of the library facility at Eastlake High School. Motion unanimously passed Motion was made (Stillman / D Linder) to recommend City Council approve the Resolution approving the FISCAL YEAR 2008/2009 Memorandum of Understanding between the City of Chula Vista and the Chula Vista Elementary School District regarding joint operation of the Dynamic After School Hours (DASH) after school program, and the Safe Time for Recreation, Enrichment, and Tutoring for Children (STRETCH) extended school day educational program. Motion unanimously passed. V. LIBRARY DIRECTOR'S REPORT A. MONTHLY REPORT It was noted that E-Books were not doing well because the download process is not very user friendly, also its application is limited to only MP3 players. B. National Arts Program Display Trustees were advised that art from the National Arts Program would be on display for two weeks in the Civic Center Branch and winners would be moved to the South Branch to be displayed. Trustees were invited to the awards ceremony on June 14th at the South Branch. 8-5 Attachment A DRAFT MINUTES LIBRARY BOARD OF TRUSTEES C. OTHER S Linder asked if the option of opening store front with Rancho del Rey materials was still feasible? Library Director advised that that possibility as well as a bookmobile possibility were being considered. VI. COMMUNICATIONS A. FRIENDS President of the Friends of the Library, Joan Roseman, advised the group has been very busy; their online books have made over $9,000 since opening. Ms. Roseman also distributed the first issue of the Friends newsletter and advised of a book sale on June 7th at the Civic Center library. B. PUBLIC COMMENTS Trustees were reminded they would be voting for a Chair and Vice-Chair at the June 18th meeting. C. WRITTEN COMMENTS None D. BOARD COMMENTS None VII. ADJOURNMENT MEETING WAS ADJUOURNED AT 5:33 Next meeting scheduled: Regular Meeting - Wednesday, June 18, 2008 at 4:0~pm Respectfully Submitted: Approved: Anna Giuliano, Secretary 8-6 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RENEWAL OF AN AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE JOrNT USE OF THE LIBRARY F ACILITY AT EASTLAKE HIGH SCHOOL WHEREAS, in August 1993, the City ofChu]a Vista and Sweetwater Union High School District (District) entered into the first agreement to jointly provide library services at Eastlake High School; and WHEREAS, this innovative partnership has resulted in the City's ability to provide very popular library services to the east side of the City; and WHEREAS, the agreement expires on June 30, 2008; and WHEREAS, Library staff, with support from the City Attorney's Office, has negotiated another multi-year agreement, which continues the basic premises of previous agreements; and WHEREAS, the District will: . Allow the City to use the Facility, rent free, for public library services, with hours beginning no earlier than 3:30 p.m. and ending no later than 9:00 p.m. Monday through Thursday, and Saturday hours of9:00 a.m. to 6:00 p.m. (the library would close to the public at 5:00 p.m.). . Provide for all custodial service on all days of operation and pay for all utilities except for the City Library's fax line. . Provide ten (10) or more public access computer workstations with three (3) or more networked printers and printer supplies. . Provide on-campus parking for the public and staff. ; and WHEREAS, the City will: . Catalogue all School Library materials and provide the School Library and the District access to the City's automated library system, including circulation and online catalog functions, following City policies regarding patron registration, loan periods, fines, access to materials and restrictions for delinquencies. . Provide access to the City information network via frame relay. . Provide six (6) computer workstations for access to the catalog and three (3) computer workstations for circulation purposes. ; and J:\Altomey\RESO\AGREEMENTS\$weelwuler Union HSD (EuslLake HS)_06-17.08.uoc 8-7 Resolution No. 2008- Page 2 WHEREAS, both parties agree to: . Make reasonable efforts to maintain and enrich the book collection; . Allow all patrons equal access to all library materials, regardless of jurisdiction or ownership; . Staffthe Library Facility with qualified, competent, professional, and team oriented employees that will strive to provide excellent customer service, work cooperatively, and keep the best interests of the students and public as their number one priority; and WHEREAS, the terms of the proposed renewal agreement would expire June 30, 2010; and WHEREAS, there are also two (2), one-year options to renew the agreement, which are to be executed by June 30 of each year after 2010; and WHEREAS, on June 16,2008, the Board of the Sweetwater Union High School District is scheduled to approve this renewal; and; WHEREAS, the currently proposed Fiscal Year 2008/2009 budget includes funding in the amount of $270,248 to operate the Eastlake library. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the Fiscal Year 2008/2009 Memorandum of Understanding between the City of Chula Vista and the Chula Vista Elementary School District regarding joint operation of the Dynamic After School Hours (DASH) after school program, and the Safe Time for Recreation, Enrichment, and Tutoring for Children (STRETCH) extended school day educational program. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said Memorandum of Understanding. Presented by Approved as to form by ~~~w(~ Bart C. Miesfeld ' Interim City Attorney Leah Browder Director of Library J:\AlIomey\RESO\AGREEMENTS\Swcetwalcr Union HSD (EaslLake HSl_06-1 i-08.doc 8-8 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~~~ Bart C. Miesfeld Interim City Attorney Dated: b\'li\<Lo \ \ 11.]:;<:::."'(; Amended and Restated Joint Use Agreement Between the City of Chula Vista and Sweetwater Union High School District for the District Facilities located at Eastlake High School 8-9 Attachment B Amended and Restated Joint Use Agreement Between the City of Chula Vista and Sweetwater Union High School District for the District Facilities Located at Eastlake High School I Parties This Amended and Restated Joint Use Agreement (this "Agreement"), is made and entered into and effective as of the date last executed by the parties ("Effective Date") by and between the City of Chula Vista, a chartered municipal corporation of the State of California ("City"), and the Sweetwater Union High School District ("District"), a political subdivisionofthe State of California. This Agreement is made with reference to the following facts: 2 Recitals 2.1 Whereas, Chapter 12 of Part 10 of the Education Code of the State of California, commencing at Section 17050, of the State of California authorizes a District to enter into an agreement with the county or other appropriate entity having responsibility for the provision of public library services in which the district is located for the purposes of operating ajoint- use library facility at a school site owned by the District. 2.2 Whereas, the City and District are interested in determining if, through cooperative efforts, the best library services can be provided with a combined pooling of public resources; and 2.3 Whereas, a need for a library facility and services exists in the neighborhoods of eastern Chula Vista which is of concern to both the City and the District; 2.4 Whereas, the City and the District entered into that certain Joint Use Agreement for the Facilities located at EastIake High School, dated effective August 27,2004 (the "Original Joint Use Agreement"); 2.5 Whereas, the City and the District now seek to extend the term of the Original Joint Use Agreement and to amend, restate and redefine the responsibilities and rights of the parties concerning the joint use of the District's Facility. Contract City May 14, 2008 SUHSD Comments 5-21-08 Page I 8-10 Attachment B 3 Definitions 3.1 "District's Facility" means the library building, parking lots and service road located at Eastlake High School, on Eastlake Parkway, in the City of Chula Vista, County of San Diego, State of California currently owned by the District. "District Facility" includes the library service portion in the library building consisting of a reading room, a public access book and materials collections and a children's library area, and other service portions including a City library staff office, storage and delivery areas. 3.2 "City Public Library Service" means the provision of books, audio-visual materials, information and programming to all potential users for their educational, cultural, informational and recreational needs. 3.3 "Sponsored Group" means one or more persons who have been sponsored by the City Library and given written permission by the City to use and conduct an activity at the District Facility owned by the School District pursuant to the Agreement granted to the City; or in the case of the District, "Sponsored Group" means one or more persons who have been given written permission by the District to use and conduct an activity at the District Facility. 3.4 "City Library Hours" means those times the City reserves for public library service, which are the hours beginning no earlier than 3:30 p.m. Monday through Thursday and extending no later than 9:00 p.m., and the hours from 9:00 a.m. to 6 p.m. on Saturday. The City will have access to the building at 3 :00 p.m. on weekdays for purposes of set-up and preparation. If school hours change, the City reserves the right to alter library hours to coincide with the end of a school day provided resources are available and library use warrants such a change in City library hours. The City reserves the option to discuss provision of public library services during specified school hours. In addition, City and contractual repair personnel will have access to the Facility during school and public library hours. 3.5 "Facility" means the library facility at the Eastlake High School which is being used by the City to provide library services. 4 Obligatory Provisions: NOW THEREFORE, in consideration of their mutual promises, the parties agree as follows: 4.1 Grant of License to Use Provided that the City complies with the terms, conditions and covenants of this Agreement, the District hereby grants to the City at no charge to either party, for the Contract City May 14, 2008 SUHSD Comments 5-21-08 Page 2 8-11 Attachment B Term and on the terms and conditions in this Agreement, an exclusive license to enter upon, occupy, use and operate the District Facility (exclusive of the Reserved Areas or any other reserved area of the District's Facility specifically and exclusively reserved to one or the other party) during City Library Hours for the benefit of City Library and its library patrons (the "License"). 4.1.1 Reserved Areas 4.1.1.1 City Library Staff Office- Storage and Workspace A City library private office, storage area, and workspace will be provided in the Facility. District grants to City the exclusive right to use the designated office area during school and non-school hours. Staff workspace area will be communal with designated City and District library shelving and cabinets mutually agreed upon. 4.1.1.2 Parking District will provide sufficient, designated, convenient and free on-site parking for City library staff and patrons. City library staff may park in any available designated space during City library hours. City library staff should be notified in writing of all major events which have the potential to impact parking. 4.2 Term of Agreement The term of this Agreement shall commence on the Effective Date and expire on June 30, 2010 (the "Nominal Term"). "Term" as used in this Agreement means the Nominal Term as extended or contracted for by the provisions of section 4.2.1. 4.2.1 Extensions of Nominal Term The District grants to City two (2) one year options (each, an "Option") to extend the Nominal Term. In order to extend the Nominal Term, the City must exercise each Option by June 30th of each year beginning in 2010 by providing District with written notice thereof. 4.3 Causes for Termination, Removal or Suspension 4.3.1 The following shall be cause to suspend or terminate the Agreement: Contract City May 14,2008 SUHSD Comments 5-21-08 Page 3 8-12 Attachment B 4.3.1.1 Failure of either party to make repairs to their equipment and the Facility. 4.3.1.2 Destruction of Facility 4.3.1.3 Loss of funding by either party to support the operation of the Facility 4.3.1.4 Failure of the District to provide a school campus environment deemed sufficiently secure for City library services in the opinion of both parties. 4.3.1.5 Failure of the District to provide sufficient security in the Facility, in the opinion of the City Library Director, for City owned materials and equipment, and database records in the City Integrated Online Library System (IOLS). 4.3.1.6 Failure by either party to make a good faith effort towards equivalent contributions to the book collection. 4.3.1. 7 Failure by either party to make a good faith effort at maintaining a cooperative relationship. 4.4 Access to a Facility 4.4.1 Access to District Facility 4.4.1.1 Access during City Library Hours Absent written agreement to the contrary as to specific times and circumstances, the access License granted to the City by this Agreement to use the Facility and designated parking area of the District shall, during City Library Hours, have preference over competing District-proposed uses. 4.4.1.2 Access during non-City Library Hours Absent written agreement to the contrary, the License granted to the City by this Agreement to use the Facility, during non-City library hours, shall not have preference over actual competing District uses; provided that City shall have non-preferential access to exterior public book drop, City library office work areas and delivery area. Contract City May 14,2008 SUHSD Comments 5-21-08 Page 4 8-13 Attachment B 4.5 Provision and utilization of materials and equipment and Facility The City and District may, subject to mutual agreement between the City and District librarians, place or erect materials and equipment necessary for conducting events and/or activities on the Facility. Such materials and equipment shall be maintained at the sole risk of the party placing or erecting them and are subject to immediate removal at the request of either party. 4.5.1 Both parties will supply furniture and equipment as specified in this section. 4.5.1.1 Equipment provided by the District. a. Furniture for City librarian's office to include: 1. desk; 2. computer workstation; 3. 4-drawer file cabinet; and 4.1 chair. b. Library area furniture and equipment to include: 1. 10 or more public access computer workstations with 3 or more networked printers and printer supplies; 2. 1 adjustable table for children's area; 3. 3M compatible security system theft detection exit; 4. "Book Check" exit to re-sensitize and a brick to desensitize books; 5. Copier; 6. 1 book truck; 7. Bulletin board for public library staff use; 8. 3 phone lines and instruments available for joint use; 9. Table or other suitable furniture for OP AC; 10. Book collection suitable for high school use; 11. 1 display case and key for public library use; and 12. Fine mesh insect screen on door vents in electrical! telecommunications room. 4.5.1.2 Equipment provided by the City a. Integrated Online Library System and hardware to include: 1. 8 public workstations with networked printer; Contract City May 14, 2008 SUHSD Comments 5-21-08 Page 5 8-14 Attachment B 2. 3 circulation workstations with printer; 3.2 game PC's; 4. 2 self check machines; 5. Printer in public library office and related printer supplies; 6. 2 bar code readers; 7. FAX machine; 8. Exterior book drops; 9. Display racks for library pamphlets and handouts; 10. Cash register; II. Periodical indices and full text in electronic format; 12. Chairs for children's area; 13. Conference table and chairs and lockers for City librarian's office; 14. Books and materials collection; and 15. Wi-Fi equipment mutually agreed upon by District and City, provided that Wi-Fi access shall be filtered in accordance with District's safety requirements. The City shall be responsible for the acquisition and installation of the equipment, but the District agrees to share equally on the actual costs. 4.5.2 Placement of book and audio visual collections, equipment and service areas 4.5.2.1 Both parties agree to the current Facility layout. Any changes will be negotiated and agreed to by both parties in writing. This layout includes separate children's, browsing, paperback, periodical and new book areas. 4.5.2.2 District and City library book collections will be interfiled by classification. 4.5.2.3 In the event of termination of this Agreement, City owned books and equipment will be removed and returned to the City at City expense within ninety (90) days after the Agreement is terminated. 4.5.3 Wiring 4.5.3.1 Integrated Online Library System District has responsibility for installation, testing and maintenance ofintemal data lines and electrical wiring for networked devices including but not limited to computers, printers, access points and self-check machines at all Contract City May 14, 2008 SUHSD Comments 5-21-08 Page 6 8-15 Attachment B points to be connected to the patch panel In the school's electrical telecommunications room. 4.5.3.2 The District shall ensure that Category 6 cabling is used for all new data line installations after the Effective Date of this Agreement. Cabling shall be certified to operate at a speed of 1000 mbps. 4.5.3.3 District will provide all cable, connectors and patch panels including Category 6 twisted pair cable. The District shall install Category 5 cabling to support the 10 networked devices provided by the City. The cabling shall run to a central patch panel where the City will house its switch, router, DSU and frame relay connection. Category 6 cabling has a 100 meter length restriction, which may dictate that the patch panel and telecommunications equipment is housed some place other than the electricaVtelecommunications room. The District shall advise the City library if length restrictions are an issue. The District shall provide 48-port patch panel cables to establish connections from the networked devices to the LAN jacks and the patch panel. 4.5.3.4 City will provide and maintain the switch, CSU/DSU and router needed to connect to LANs at other Chula Vista Library locations. 4.5.3.5 City has the responsibility for telecommunication data lines to maintain this Wide Area Network connectivity. 4.5.3.6 City and District agree to share equally in the cost of any cabling or other wiring required to implement Wi-Fi within the Facility. The cost of implementing any other new technology deemed necessary or desirable by the parties will be shared in accordance with a separate agreement ofthe parties. 4.5.4 Telephones 4.5.4.1 District has responsibility for installation, maintenance and ongoing operating costs of all phone lines and for provision of the telephone instruments, with the exception of the FAX machine which will be provided and maintained by the City. 4.5.4.2 Telephone lines and instruments will be provided and installed by the District at the listed locations. Each telephone instrument accommodates the number of lines specified for each location. Contract City May 14, 2008 SUHSD Comments 5-21-08 Page 7 8-16 Attachment B 4.5.4.2.1 Circulation Desk Four lines are installed at the Circulation Desk. Two telephones each accommodate all four phone lines. The four lines are composed of two school lines and two City library lines. The telephone number for the second City library line is published to the public. 4.5.4.2.2 Librarians' Offices A telephone with both of the school lines from the Circulation Desk is in the School Librarian's office. A telephone with the City library line from the Circulation Desk is in the City librarian's office. The second City library line from the Circulation Desk is installed in the City librarian's office on the same telephone. One telephone line in the City librarian's office is provided with long distance access. 4.5.4.3 Wiring for New Technology When additional wiring or phone lines are required to accommodate new Technology, the details thereof will be negotiated by both parties. 4.5.5. Signs 4.5.5.1 District will provide and maintain signage in a marmer reasonably satisfactory to the City. Existing permanent interior signage, barmers, pennants, flags, posters, and signs in the public service area of the Facility should not be changed without mutual agreement between the District and the City. 4.5.5.2 Temporary Interior Signs Temporary barmers, pennants, flags, posters and signs in public services areas ofthe Facility must be posted within pre-designated areas for each respective party. The District and the City libraries are solely responsible for approval of signage posted in their own pre-designated areas. 4.5.5.3 Permanent Exterior Signage Exterior of the Facility will be labeled "Library" in block letters III a prominent location near the main entrance of the building. Contract City May 14, 2008 SUHSD Comments 5-21-08 Page 8 8-17 Attachment B 4.5.5.4 Day/Hours Signs City will permanently post a clearly visible public library days and hours sign at the main entrance to the Facility. 4.5.5.5 Exterior Directional Signs The District will provide directional signage to the Facility from the campus entrance at Eastlake Parkway and from all parking lots. The City will provide and District will install removable exterior sign hardware near the main campus entrance. 4.6 Use Limitations It is expressly agreed that the Facility that is the subject of this Agreement is to be used solely for the purpose of providing library services and for such other related or incidental purposes as may be approved in writing by the chief executive officer of the District and for no other purpose whatsoever. The City shall not use the District Facility for any other purpose whatsoever ("Use Duty"). 4.6.1 Specific Violations of Use Duty Without limitation as to other possible violations of the Use Duty, the City shall specifically not permit the following uses by themselves or their Sponsored Groups: 4.6.1.1 Political Activities The City shall not use and shall not permit or tolerate the use of a District facility for campaigning or otherwise working for the nomination or election of any individual to any public office, partisan or nonpartisan, or for any ballot measure, including any initiative, referendum, or advisory vote, except with the advance written permission of the District. 4.6.1.2 Regular Church Services The City shall not use and shall not permit the use of a District's facility for church or religious services. 4.6.1.3 Alcohol and Drugs Contract City May 14, 2008 SUHSD Comments 5-21-08 Page 9 8-18 Attachment B The City shall not allow alcohol or illegal drugs to be sold, used or consumed in, on or about the DistrietDistrict's Facility. The City shall not permit or allow any portion of a District's Facility to be rented or used by any Sponsored Group that intends to provide or permit alcoholic beverages at an event or meeting. Each party shall make these facts known, in writing and through oral communications, to all staff members and users of the District's Facility. 4.6.1.4 Food and Drink No food or drink shall be allowed in, on or about the Facility. Each party shall make this policy known, in writing and through oral communications, to all staff members, Sponsored Groups and users of the Facility. 4.7 Planning and Scheduling Meetings 4.7.1 Duty to Hold Planning and Scheduling Meetings The City and District librarians shall meet weekly for planning and scheduling purposes and monthly with the Eastlake High School Principal regarding Facility Issues. 4.7.2 Duty to Permit Other Group Use Both parties may permit other group use in the Facility during their respective operating hours without obtaining a District facility user's permit, provided such group is a Sponsored Group. 4.7.3 Programs City reserves the exclusive right to conduct library programs such as story hours at the Facility during City Library Hours. 4.8 Duty to Supervise The City shall be responsible for any damage occurring during the City's use of the District's Facility's or by Sponsored Groups of the City. The District shall be responsible for any damage occurring during the District's use ofthe District's Facility or by Sponsored Groups of the District. A report should be given to each respective party of such damages. Contract City May 14, 2008 SUHSD Comments 5-21-08 Page 10 8-19 Attachment B Notwithstanding the foregoing, if a City library staff member or patron or anyone of its Sponsored Groups, or one of their members, guests or attendees, has caused damage to the interior of the designated library area or the City library staff office, of the Facility during City library hours, regardless of negligence the City shall promptly pay for the repair of same. 4.9 Maintenance and Repair Except as set forth in Section 4.9.1, the District is responsible for routine maintenance and repair of the Facility. Specifically, the District agrees to provide custodial service pursuant to its regular schedule from Monday through Saturday, excepting District holidays. City shall notifY District in writing of any health/hygiene concerns arising during City use, which should be resolved within two (2) business days of written notification to the District. City agrees to maintain, repair and replace computer hardware, furnishings and equipment provided by the City, at its sole cost and expense, as required to ensure continuous access and use of the Facility as contemplated hereunder. During regular business hours, upon request of the City, District will allow access to the Facility to City Staff and authorized repairmen for the performance of maintenance or repairs. During an emergency, District will provide access within a reasonable time after access is requested by the City. 4.9.1 Major Repairs To the extent a major repair to the Facility is required, the District shall diligently attempt, in good faith to secure the repair of the Facility by estimating the cost of repair, budgeting funds for necessary repairs, designing the repair, and implementing the design, all of which shall be done to the extent that funds are available to do so. Except in an emergency, the City Librarian must be notified in writing 30 days prior to District commencing any repairs or maintenance that requires the Facility to be closed to the public for a period longer than 24 hours. 4.9.2 Fee Waiver The District shall make the Facility available to the City, or a Sponsored Group of the City, free of charge unless a fee is charged to the users or attendees at such event or activity. If a fee is charged, unless the parties otherwise agree, the District may impose a charge on the City for the use of the Facility, but not on a basis different Contract City May 14, 2008 SUHSD Comments 5-21-08 Page 11 8-20 Attachment B from the rate at which the City charges the users or attendees, or in an amount in excess of the fee charged by the City. 4.10. Facility Modification or Removal Rights Except with the written consent of the other party to this Agreement, granted by written resolution of the governing board of the party, the purpose of the Facility shall not be re- designated or the Facility removed from service. 4.11 Operational Matters 4.11.1 Policy and Procedure Training 4.11.1.1 The City Library will train its employees to comply with procedures set forth in the "Procedures Manual" prepared by the District for the use of the District's Facility regarding utility turn-offs, alarm responses, locking up/closing, key distribution, facility damage (including graffiti reporting). 4.11.1.2 City Library Staff will conduct training on the Integrated Online Library System to District library staff and provide written documentation for procedures. 4.11.1.3 City staff will provide written policies for circulation procedures. 4.11.2 Key Distribution The District will provide a Facility grand master key for the City Librarian. Exterior door keys will be provided for library administration, delivery drivers, branch manager, Librarian I, and Library Associate. The District will also provide keys to any gates needed to access the Facility. 4.11.3 Library Automation 4.11.3.1 The Integrated Online Library System and all bibliographical item and patron records are the property of the City. However, in the event this Agreement terminates, the City shall provide a machine readable version of the school library's bibliography and item records. The cost, if any, to produce such records will be shared equally by the District and the City. Contract City May l4, 2008 SUHSD Comments 5-21-08 Page 12 8-21 Attachment B 4.11.3.2 City will provide access to Integrated Online Library System circulation, OP AC and database maintenance functions in accordance with City library procedures. 4.11.3.3 City staffwill cooperate with District to provide special computer- generated reports as requested if resources are available. 4.11.3.4 District shall insure users respect the integrity of electronic databases provided by the City, including online subscription services during the school day. 4.11.3.5 District staff agrees to follow City library procedures in the use of the system and provide information to the City library staff to maintain the patron item database for currency and accuracy. 4.11.3.6 District agrees to follow City library procedures regarding security of the Integrated Online Library System and access to the system. District agrees to provide adequate adult supervision of student library assistants to ensure this security. 4.11.3.7 District agrees to comply with state and federal legislation regarding the provision and use ofInternet services in schools. City agrees to comply with state and federal legislation regarding the provision and use of Internet services in libraries. 4.11.3.8 Reasonable and ordinary maintenance and repair of City owned equipment will be the responsibility ofthe City. District will be responsible for damage to Integrated Online Library System computer equipment due to gross negligence of the District and vandalism during school operating hours, not caused by the City, its Sponsored Groups, or its employees. 4.11.3.9 City staffwill be responsible for the functioning and maintenance of the Integrated Online Library System. Questions and maintenance problems will be referred to City library staff. 4.11.3.10 District shall be responsible for the functioning and maintenance of District's PC's in the library, including during intersession and school holiday periods. 4.11.4 Circulation Procedures Contract City May 14,2008 SUHSD Comments 5-21-08 Page 13 8-22 Attachment B 4.11.4.1 District will use City's Integrated Online Library System to checkout and check in items in the library collection. 4.11.4.2 District will comply with City circulation policies regarding registration, loan periods, limits, restricting overdue patrons, overdue notices established by the City. 4.11.4.3 District agrees to comply with the fines and fees policy in effect at the City. These fines and fees are part of the City's master fee schedule. 4.11.4.4 Each party will retain fines and fees collected during their respective hours of operation. 4.11.4.5 Money collected for lost books will be retained by the party that collects the money. Both parties will issue and retain receipts for lost books regardless of ownership. 4.11.4.6 Any proposed changes to the City's circulation policy will be discussed and implemented if appropriate; changes may not contradict a City policy. 4.11.4.7 School textbooks and media materials are for the use of Eastlake High School students only. Both parties agree to allow equal access and use ofthe library and library collection to all patrons regardless of jurisdiction of the items in the collection at the Eastlake Library. 4.11.4.8 City library staff will provide delivery service between library at Eastlake High School and other City library outlets daily Monday through Friday. The District will provide a site for deliveries by the City's delivery van. 4.11.4.9 City staff will supply overdue notices and reports directly to the school in accord with regular City library schedule. District will deliver overdue notices to its students. 4.11.4.10 City library staff will cooperate with District library staff to provide special computer generated overdue reports and notices as requested and as resources are available. Contract City May 14, 2008 SUHSD Comments 5-21-08 Page 14 8-23 Attachment B 4.11.4.11 District may withhold Eastlake High School student grades and transcripts for students with delinquent City library accounts. City will provide District with a listing ofthese delinquencies in a timely manner. 4.11.4.12 Library patrons (students and City Library) may request inter- branch transfers from other City libraries. 4.11.4.13 District staff will deal with student patron issues and parent- student concerns regarding library materials and their use. 4.11.4.14 All registration and circulation records in the Integrated Online Library System are the property of the City. A printed and/or electronic copy of those registration and circulation records pertinent to Eastlake High School shldents and staff will be provided to the District when this Agreement is terminated. 4.11.4.15 All registration and circulation records shall remain confidential and shall not be disclosed to any person, local agency, or state agency ("Confidentiality") except as follows: a. By the City Library Director or his/her designee acting within the scope of his or her duties within the administration of the library; b. By a person authorized, in writing, by the individual to whom the records pertain; or c. By order of the appropriate superior court. The District shall insure that this Confidentiality is maintained. 4.11.4.16 Shelving. The responsibility of reshelving books and other library materials is shared between the District and the City. The District agrees to provide adequate supervision of student library assistants to ensure accuracy of their shelving work. 4.11.5 Collection Development and Cataloging 4.11.5.1 Both parties agree to support their areas of responsibility in ongoing collection development and make a reasonable fiscal commitment annually to build and maintain the book collection, including removing outdated materials on a regular, on-going basis. Contract City May 14, 2008 SUHSD Comments 5-2] -08 Page 15 8-24 Attachment B 4.11.5.2 Both parties will coordinate the selection process to avoid UIll1ecessary duplication or discrepancies in the collection. 4.11.5.3 City agrees to provide a "J" (Juvenile) classed materials collection which will ultimately constitute 25% of the book capacity. 4.11.5.4 Both parties will use the Dewey Decimal system to classify the book collection. 4.11.5.5 District agrees to use those collection designations (e.g., Spanish, Mystery, Picture Books) currently in use at the City Library. Any proposed changes to the current designations will be discussed by both parties. 4.11.5.6 District agrees to designate Eastlake High School materials by the collection codes in the integrated online library system. 4.11.5.7 City will provide bibliographic and item records according to City specifications for library books and materials supplied by the District. 4.11.5.8 The City will provide physical processing of all library materials supplied by the District according to procedures agreed to in planning sessIOns. 4.11.5.9 District will maintain their portion of the database per procedures determined by the City Library. 4.11.5.1 0 District will inform City Library of any necessary maintenance needed for bibliographic data and item level data for City library items. 4.11.6 Intellectual Freedom 4.11.6.1 The City Library subscribes to the American Library Association's Library Bill of Rights and Freedom to Read Statement. 4.11.6.2 Neither party shall remove, label, or prohibit access to any book, periodical, audio visual material, microfilm and/or public use computer and CD ROM software owned by the other party; provided however, the District hereby reserves the right to refuse to issue adult content materials to students under the age of eighteen (18) without a parent's written consent. 4.11.7 Standard of Employees Contract City May 14, 2008 SUHSD Comments 5-21-08 Page 16 8-25 Attachment B The District and the City agree to staff the Facility with qualified, competent, professional, and team oriented employees who will strive to provide excellent customer service, work cooperatively, and keep the best interests of the students and public as their number-one priority. Additionally, the District and the City are committed to provide a safe and positive work environment. Each party will be responsible for handling personnel issues involving its employees in a timely and professional manner while acknowledging employee representation, and compliance with federal, state and agency laws, policies and procedures. 4.11.8 Staffing The City shall provide sufficient staffing of City sponsored events and programs that are held or conducted at the Facility. 4.11.9 Campus Security and Alarm System 4.11.9.1 District is responsible for campus security and for the provision of a 24-hour monitored security system. 4.11.9.2 The District is responsible for providing an alarm system. 4.11.9.3 The District will secure all portions of the Facility which is Lmused during City Library operating hours. 4.11.1 0 Normal Cleanup Maintenance Both parties shall leave shared work areas clean and free of clutter at the end of their respective workday. 4.1l.l1 Hazardous Materials If either party knows, or has reasonable cause to believe, that any Hazardous Material has been released beneath, in, on or about the District's Facilities, each party shall give written notice to the chief executive officer of the Board of the other party (the "CEO") within ten (10) days of receipt of such knowledge or cause for belief. Provided however, if a party knows, or has reasonable cause to believe that such Hazardous Material is an imminent and substantial danger to public health and safety, said party shall notify the CEO of the other immediately upon receipt of said knowledge or belief and shall take all actions necessary to alleviate such danger. A party shall notify the other party immediately of any notice or violation received or initiation of environmental actions or suits, publicly or privately brought, relative to the District's Facilities. In addition, neither party shall introduce, use, sell or permit to be introduced, used or sold any Hazardous Material on the Facility in violation of the Environmental Laws without the prior written consent of the other, except for Contract City May 14, 2008 SUHSD Comments 5-21-08 Page 17 8-26 Attachment B normal and customary amounts of cleaning and office supplies. "Hazardous Materials" means asbestos, explosives, radioactive materials, hazardous waste, hazardous substances, or hazardous materials including, without limitation, substances defined as "hazardous substances" in the Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 42 D.S.C. Sections 9601-9657 ("CERCLA"); the Hazardous Material Transportation Act of 1975,49 D.S.C. Sections 1801-1812; the Resource Conservation Recovery Acts of 1976, 42 U.S.C. Sections 6901-6987; the Occupational Safety And Health Act of 1970,29 D.S.C. Section 651, et seq., or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning hazardous materials, wastes or substances now or at any time hereinafter in effect (collectively, "Environmental Laws") 4.12 Defense and Indemnity 4.12.1 Claims Arising From Sole Acts or Omissions of the District. The District, hereby agrees to defend and indemnifY the City, and its agents, officers and employees, from any claim, action or proceeding against the City, arising solely out of the acts or omissions ofthe District in the performance of this Agreement. At its sole discretion, the City may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve the District of any obligation imposed by this Agreement. The City shall promptly notifY the District of any claim, action, or proceeding and cooperate fully in the defense. 4.12.2 Claims Arising From Sole Acts or Omissions of City of Chula Vista. The City hereby agrees to defend and indemnifY the District, and its respective agents, officers and employees, from any and all claims, actions or proceedings against the District, arising out of the acts or omissions ofthe City, its employees and Sponsored Groups in the performance or nonperformance of this Agreement and the use of the District's Facility. At its sole discretion, the District may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve the City of any obligation imposed by this Agreement. The District shall promptly notifY the City of any claim, action or proceeding and cooperate fully in the defense. 4.12.3 Claims Arising From Concurrent Acts or Omissions. The City hereby agrees to defend itself and the District hereby agrees to defend itself, from any claim, action or proceeding arising out ofthe concurrent acts or omissions of the City and the District. In such cases, the City and the District agree to retain Contract City May 14, 2008 SUHSD Comments 5-21-08 Page 18 8-27 Attachment B their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in subsection 4.14.5 below. 4.12.4 Joint Defense. Notwithstanding subsection 4.14.3 above, in cases where the City and the District agree in writing to ajoint defense, the City and the District may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of the City and the District. Joint defense counsel shall be selected by mutual agreement of the parties. The parties further agree that no party may bind the other party to a settlement agreement without the written consent of the other party. 4.12.5 Reimbursement and/or Reallocation. Where a final judgment of a court award allocates or determines the comparative fault of the parties, the City and the District may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 5 Rights Expressly Reserved by the Parties 5.1 Related Council Actions By the granting of this Agreement, neither party is obligating itself to any other governmental agent, board, commission, or agency with regard to any other discretionary action relating to development or operation of a facility. Discretionary action includes, but is not limited to rezoning, variances, environmental clearances or any other governmental agency approvals, which may be required for the development and operation of the Facility. 5.2 No Liability for Lack of Quiet Enjoyment A degree of reasonableness governing on-site activities should prevail and every attempt to achieve mutually satisfactory solutions will be made by both parties through adequate communications, advance preparation and other measures to lessen the impact of on-site activities on optimal library use. 6 Remedies for Breach 6.1 Default in Performance Contract City May 14,2008 SUHSD Comments 5-21-08 Page 19 8-28 Attachment B If a party defaults in the performance of any covenant or condition required to be performed by this Agreement, the other party may give the breaching party written notice citing such default and demand the breaching party correct the default. Upon receiving notice of a default, the breaching party shall correct the default as soon as practicable, but in no event, later than 30 days. Failure of breaching party to correct the default shall not result in termination of this Agreement, but may be the basis for an injunctive order, writ of mandate, or other equitable action. 6.2 Waiver Any waiver of a default by either party is not a waiver of any other default. Any waiver of a default must be in writing and be executed by the chief executive officer of the party in order to constitute a valid and binding waiver. Delay or failure to exercise a remedy or right is not a waiver of that or any other remedy or right under this Agreement. The use of one remedy or right for any default does not waive the use of another remedy or right for the same default or for another or later default. 6.3 Miscellaneous 6.3.1 Construction Against Draftsman This Agreement has been fully negotiated by all parties, and no construction or interpretation is to be made on the basis of draftsmanship of the document. 6.3.6 Notices All notices and demands shall be given in writing by personal delivery, courier, nationally recognized overnight courier, or first-class mail, postage prepaid. Notices shall be addressed as appears below for the respective party; provided that, if any party gives notice of a change of name or address, notices shall be appropriately modified to reflect such changes. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail or upon delivery whichever is sooner. Notice to the District: Sweetwater Union High School District Superintendent 1130 Fifth Avenue Chula Vista, CA 91911 Notice to the City: Contract City May 14, 2008 SUHSD Comments 5-21-08 Page 20 8-29 Attachment B City of Chula Vista City Manager 276 Fourth Avenue Chula Vista, CA 91910 6.3.7 Compliance with Law Both parties shall at all times in the maintenance, occupancy, and operation of Facility, and in the provision of service, comply with all applicable laws, statutes, ordinances, and regulations of city, county, state, and federal governments. In addition, both parties shall comply with any and all notices issued by the other party under the authority of any such law, statute, ordinance, or regulation. 6.3.8 City Approval The approval or consent of City, wherever required in this Agreement, shall mean the written approval or consent of the City Manager unless otherwise specified, without need for further resolution by the City Council. 6.3.9 Partial Invalidity If any term, covenant, condition, or provision of this Agreement is found invalid, void, or unenforceable by a court of competent jurisdiction, the remairllng provisions will remain in full force and effect. 6.3.10 Captions The section headings, and captions for various articles and paragraphs shall not be held to define, limit, augment, or describe the scope, content, or intent of any or all parts of this Agreement. The numbers of the paragraphs and pages of this Agreement may not be consecutive. Such lack of consecutive numbers is intentional and shall have no effect on the enforceability of this Agreement. 6.3.11 Entire Understanding This Agreement contains the entire understanding of the parties. Each party, by signing this Agreement, agrees there are no other written or oral understandings between the parties with respect to the Facility that is the subject ofthis Agreement. Each party has relied on its own examination of the premises, advice from its own attorneys, and the warranties, representations, and covenants of the Agreement itself Each of the parties in this Agreement agrees that no other party, agent, or attorney of Contract City May 14, 2008 SUHSD Comments 5-21-08 Page 21 8-30 Attachment B any other party has made any promise, representation, or warranty whatsoever which is not contained in this Agreement. The failure or refusal of any party to read the Agreement, inspect the District's Facility, and obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on these actions. No modification, amendment, or alteration of this Agreement will be valid unless it is in writing and signed by all parties. 6.3.12 Disputes Any dispute involving this Agreement may be submitted in writing to the City's Library Director or hislher designee and to the District's Director of Operations and the District's High School Principal. The parties, in good faith, shall attempt to resolve all disputes before mediation may be sought by either party. 6.3.13 Mediation If a dispute remains unresolved after direct negotiations pursuant to Paragraph 6.3.12, above, the parties agree to submit the dispute to non-binding mediation before a mutually acceptable third-party mediator. The parties shall endeavor to select a mediator who is a retired judge or a licensed attorney with at least five (5) years of experience in mediating disputes among public entities within California. The party initiating mediation of a disputed issue, provision, clause or obligation under this Agreement shall provide written notice to the other party of its decision to mediate. In the event the parties are unable to agree upon a mediator within sixty (60) days after the receipt of such written notice, or to reach other agreements, then the parties agree to submit the matter to the Superior Court of the County of San Diego for selection of a mediator. 6.3.13.1 Mediation Process 6.3.13.1.1 The location of the mediation shall be at the offices of District or the City, or otherwise mutually agreed upon location. The costs of mediation shall be shared equally between the parties. All discussions that occur during the mediation and all document presentations prepared solely for the purpose of the mediation shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. Contract City May 14,2008 SUHSD Comments 5-21-08 Page 22 8-31 Attachment B 6.3.13.2 Non-waiver 6.3.13.2.1 Participation in the mediation process provided for in this Agreement, or any other negotiations, shall not constitute a waiver, release or compromise of any defense of either party . 6.3.13.3 Unresolved Disputes 6.3.13.3.1 Disputes that are not resolved after the submission and completion of the disputed issues through the dispute resolution process set forth in Sections 6.3 .14 of this Agreement may be resolved through courts of the State of California in the County of San Diego. Completion of the process set forth in this Agreement is a prerequisite to filing suit and a contractual requirement. 6.3.14 Amendment This Agreement may only be amended by the written agreement of all the parties at the time of such amendment. 6.3.15 Exhibits All exhibits to which reference is made are deemed incorporated in this Agreement, whether or not actually attached. 6.3.16 Further Assurances Each party agrees to perform any further acts and to execute and deliver any further documents which may be reasonably necessary to carry out the provisions of this Agreement. 6.3.17 Governing Law This Agreement has been executed in and shall be governed by the laws of the State of California. 6.3.18 Counterparts Contract City May 14, 2008 SUHSD Comments 5-21-08 Page 23 8-32 Attachment B The Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 6.3.19 Authority The City and the District represent that the individuals signing this Agreement have full right and authority to bind their respective parties to this Agreement. 6.3.20 Original Joint Use Agreement Superseded The terms ofthe Original Joint Use Agreement are hereby superseded by the terms of this Agreement as of the Effective Date of this Agreement. 6.3.21 Recitals Incorporated The Recitals set forth in Section 2 and all terms therein are hereby incorporated into this Agreement. 6.3.22 Time of Essence Time is of the essence for the performance of all obligations under this Agreement. 6.3.23 No Assignability City will not assign all or any part of this Agreement or License or any interest therein, without the prior written consent of District, which may be withheld in its sole and absolute discretion. 6.3.24 No Encumbrances In no event shall the City encumber the License granted under this Agreement. (End of page. Next Page is signature Page.) Contract City May 14, 2008 SUHSD Comments 5-21-08 Page 24 8-33 Attachment B Signature Page IN WITNESS HEREOF, the City and the District have executed this Agreement thereby indicating they have read and understood the same, and indicate their full and complete consent to its terms: Dated: ,2008 City of Chula Vista By: Cheryl Cox, Mayor Attest: Donna Norris, Interim City Clerk Approved as to form: Ann Moore, City Attorney Dated: ,2008 Sweetwater Union High School District by: Pearl Quinones, President Board of Trustees by Dr. Jesus M. Gandara District Superintendent Contract City May 14,2008 SUHSD Conunents 5-21-08 Page 25 8-34