HomeMy WebLinkAboutAgreement A-19-016 with WHCCD.pdf1
Contract No. -
AGREEMENT
THIS AGREEMENT (“Agreement”) is entered into on _______________, 2019 by and
between the County of Fresno (“COUNTY”), a political subdivision of the State of
California, on behalf of the Fresno County Public Library (“FCPL”), and the West Hills
Community College District (“WHCCD”), a community college district of the State of
California. COUNTY and WHCCD may each be referred to in this Agreement as a “Party”
or collectively as “the Parties.”
RECITALS
WHEREAS, WHCCD owns, operates, and maintains certain real property, including
facilities and improvements, located at 1511 Ninth Street, Firebaugh, California, commonly
known as the North District Center (“NDC”) for postsecondary educational purposes; and
WHEREAS, FCPL operates the Fresno County Library and desires to use certain real
property, including classrooms and related facilities, in the NDC for a COUNTY public
library (“Public Library”) for the benefit of the Firebaugh community, and WHCCD is willing
to allow such use as provided herein; and
WHEREAS, WHCCD and FCPL desire to cooperatively establish a Shared Library in one
facility to serve the public’s library service needs and provide an accessible community
resource to support the cultural, educational, and informational needs of the greater
Firebaugh community and WHCCD community college students, staff, and faculty. The
Shared Library will provide these services to support individual and group improvement,
enrichment, increased opportunity, knowledge and recreation.
NOW, THEREFORE, in consideration of the mutual promises herein, the Parties agree as
follows:
SECTION 1
GENERAL PROVISIONS
A. Effective Date
This Agreement is contingent upon approval of the governing board of each Party.
This Agreement will become effective when the governing board of the last Party authorizes
Agreement No. 19-016
January 8
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its designated representative to execute this Agreement on behalf of that Party (“Effective
Date”).
B. Library Description
Although the exact configuration of the Shared Library may change during construction, and
the Parties may mutually agree to its changed configuration thereafter from time to time
during the term of this Agreement, FCPL shall be entitled to use 4,948 square footage of
Shared Space and 439 square footage of Exclusive Space, which Exclusive Space is
comprised of the Children’s area. Although there is a designated Children’s area, children
shall be present in the Shared Space of the Shared Library as well. Additionally, FCPL staff
and patrons are allowed use, in the same manner and at the same time as WHCCD’s staff
and students, of the restrooms located on the first floor of the NDC.
The room on the Attached Exhibit A, marked “Community Room,” shall be maintained as
such (“Community Room”) for the use of WHCCD and COUNTY, as provided herein. The
COUNTY’s use of the Community Room is a major incentive for COUNTY entering into this
Agreement. FCPL shall be entitled to the exclusive use of Community Room for a minimum of
ten (10) sessions per month for FCPL programs. Session length will range from a minimum of
thirty (30) minutes to two (2) hours, as determined by FCPL, and may be held any time
between 10:00 AM to 7:00 PM, as collaboratively determined by WHCCD and FCPL staff,
depending on the type of programming. If WHCCD determines, in good faith, that a proposed
use interferes with WHCCD’s use, WHCCD must provide specific reasons for the
interference, and must work with FCPL in good faith to find a mutually acceptable alternate
time for FCPL’s proposed use. In an effort to mitigate any scheduling conflicts, FCPL will
provide notice to WHCCD (or the appropriate staff designate in charge of the Community
Room) prior to releasing a schedule detailing when such programs are to occur by providing a
minimum of thirty (30) days notice prior to the commencement of programming. WHCCD will
have five (5) days to confirm in writing that it has no scheduling conflicts with the Community
Room schedule. If WHCCD fails to provide this confirmation, the schedule is deemed
accepted. While using the Community Room for FCPL programs, FCPL, Friends of the
Library, or its patrons, shall not be obligated to pay any fee or charge, including any rental
fee, for use of the Community Room.
C. Term
The term of this Agreement shall commence upon the Effective Date and shall expire ten (10)
years after the date that the Shared Library first begins to provide library services to the
public (“Initial Term”). The Parties may renew this Agreement for optional, successive ten (10)
year terms (“Renewal Terms”), not to extend beyond June 30, 2117 through a written
amendment signed by authorized representatives of both Parties. The COUNTY’s Director of
Internal Services/Chief Information Officer or his or her designee is authorized to approve and
execute such written amendments on behalf of the COUNTY. On the expiration of this
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Agreement, or voluntary termination of this Agreement by either Party, the Shared Library will
cease to be a Public Library, and WHCCD shall not be obligated to operate it as one.
D. Withdrawal
If, by July 1, 2022, the construction of the Shared Library is not complete, the Parties shall
meet and confer to determine methods for WHCCD to expedite WHCCD’s completion of the
Shared Library construction. If the Parties determine that the Shared Library construction or
occupation cannot be completed due to emergencies, or natural disasters, such as fire, flood,
strike, accident, consequences of foreign or domestic wars, or any other cause beyond the
control of the Parties which delay or interfere with construction, COUNTY agrees to give a
minimum of thirty (30) days prior written notice to WHCCD of withdrawal from this Agreement
at no cost, penalty, or other consequences. In the event of such withdrawal, the Parties shall
have no further obligation to each other.
E. Management of the Shared Library
Management of the Academic Library will be provided by WHCCD pursuant to all policies and
procedures adopted by the Board of Trustees and all local, state, and federal obligations, as
set forth in Section 4 of this Agreement., and management of the Public Library will be
provided by the FCPL, pursuant to all County policies and ordinances, and applicable state
and federal laws.
F. Limitations of Use
Both Parties agree and promise that the Shared Library and the land it will occupy will be
used only for public and academic library purposes or purposes consistent with the
respective missions of the WHCCD, and COUNTY, including the FCPL, as provided herein.
G. Title to Improvements
Subject to the terms of this Agreement, title to and ownership of the Shared Library and
improvements to it, but excluding any fixtures attached by COUNTY, shall be and remain the
sole property of WHCCD.
H. Grant of Right to Use
1. WHCCD grants to COUNTY the non-exclusive, irrevocable right to use the
Shared Library and adjacent parking spaces sufficient to meet COUNTY’S
requirements, provided that COUNTY complies with the terms and conditions of
this Agreement. This right is not revocable, except for cause, as defined in
Section 7(C).
2. WHCCD shall permit COUNTY to allow use of the Shared Library by The
Firebaugh Chapter of the Friends of the Fresno County Library, a not-for-profit
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organization that conducts fundraising for the FCPL, to sell items and books, and
all proceeds from the Friends of the Fresno County Library will be distributed
solely to the FCPL.
3. WHCCD agrees to give COUNTY keys to all portions of the Shared Library for its
staff’s use, as well as to the public restrooms, Classroom 1, and the exterior door
to the NDC.
I. Compensation
This shall be a no-cost agreement to the COUNTY throughout the Term of this Agreement,
except for those costs allocated pursuant to Section 6(C)(3) of this Agreement, inclusive of
any Renewal Term of this Agreement. The consideration to both Parties for the use by
COUNTY of shared space in the Shared Library is the public benefit to the Firebaugh
community.
J. Specific Definitions
As used in this Agreement, these terms have the following meaning:
1. “Academic Library” means the portion of the Shared Library solely used by
WHCC users and staff.
2. “Capital” means that dollar amount at which each Party considers an expense
to be capitalized and depreciable for accounting purposes.
3. “Capital Improvement” means a planned Capital expenditure to renovate or
expand the Site or the Site’s infrastructure, including major building systems.
4. “Capital Repair” means a planned periodic Capital expenditure that corrects a
defect or degradation of major building systems, site improvements,
components, assemblies or capital equipment. It is a subset of regular or
normal facility maintenance that refers to costly repairs of the
replacement/rebuilding of major facility components. For instance, roof
replacement at the end of its anticipated useful life is typically a Capital Repair
item, while replacing a roof several years after its normal useful life is
considered a Deferred Maintenance item. Capital Repair does not include
expansion or renovation of facilities.
5. “College” means WHCCD.
6. “Contents” means all property within the Shared Library that is not permanently
fixed to the building’s structure, such as carpeting, furniture, and computers,
but excludes the Collection and Special Contents.
7. “Collection” means all materials such as books, magazines, microfilm,
electronic resources, and other such materials, acquired, through
contribution by a Party or by joint purchase, for the Shared Library for
educational or recreation purposes.
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8. “County Exclusive Space” includes the Children’s area, as marked on Exhibit
A.
9. “Deferred Maintenance” means expenditures for repairs not accomplished as a
part of routine maintenance or Capital Repair that have accumulated to the
point where facility deterioration is imminent and could impair the proper
functioning of the Shared Library. Deferred Maintenance will generally involve
a Capital expense.
10. “Emergency Maintenance or Repair” means a sudden and unanticipated event
that causes an imminent or actual significant property loss, damage or
deterioration to the Site and that requires an immediate response and
expenditure, generally a Capital expense, to avoid danger to persons or
property, or hindrance of the proper functioning of the Shared Library.
11. “Exclusive Space” means space that is solely for the use of one Party.
12. “Public Library” means that portion of the Shared Library open to the public
and used by the public.
13. “Routine Maintenance” means the day-to-day efforts to control deterioration of
facilities (up-keep expenses) through scheduled repetitive activities (such as
cleaning), periodic scheduled work (such as inspections and equipment
adjustments), and minor repairs made on an as-needed basis. Routine
Maintenance may or may not involve a Capital expense.
14. “Shared Library” means the COUNTY Public Library operated by FCPL and the
Academic Library operated by WHCCD in the library building at the NDC
pursuant to the terms of this Agreement.
15. “Shared Space” means all space in the Shared library, with the exception of the
spaces defined above as “Exclusive Space”, that is for the use of both Parties
and their users, including the use of Classroom 1, as marked on Exhibit A.
16. “Site” means the Shared Library, the 15-foot radius around the exterior wall of
the Shared Library, and the parking spaces necessary to meet COUNTY’S
requirements.
17. “Special Contents” means any special exhibits, fine arts, and any other special
item identified and agreed upon by the Executive Committee, as defined in
Section 4(C), that are exclusively owned and insured by COUNTY or on loan to
FCPL.
K. Authority
As required by the laws and policies that govern each Party, the Board of Supervisors of the
County of Fresno is the governing board relating to the COUNTY’S decisions, budgeting and
expenditures, and the WHCCD Governing Board is the governing board relating to
WHCCD’s and WHCCD’s decisions, budgeting and expenditures under this Agreement,
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notwithstanding the creation under this Agreement of a joint management structure. The
authority of each Party to budget annually is preserved, as specified in Section 9(H).
SECTION 2
STAFF OF SHARED LIBRARY
A.The Shared Library will house both the COUNTY Public Library and the WHCCD
Academic Library. Both Parties will jointly operate the Shared Library subject to the terms
and conditions of this Agreement. The Parties commit to the philosophy of a Shared Library,
ensuring equitable access to resources, services and programs for all members of the
community while acknowledging the independence and distinctions of each respective party
and respecting these distinctions. It is the intent of each Party to hire or assign employees to
staff the Shared Library who understand and share such a commitment and who will serve
the clientele of the Shared Library with such purposes in mind.
B.Nothing contained in this Agreement is intended to create nor shall be construed
as creating a partnership, joint venture, or other association between the Parties hereto for
any purpose whatsoever.
C.At all times during this Agreement, individuals assigned to staff the Shared Library
will be employees of the Party that hired them, and those employees will be subject solely to
the pay scales and employee benefits, if any, of the employing Party. The hours, wages, and
terms and conditions of employment for the WHCCD personnel assigned to the Academic
Library are, and shall remain, governed and defined by the terms of the collective bargaining
agreement(s) covering those personnel. Those personnel retained and directed by FCPL
and/or COUNTY shall not become a part of any WHCCD bargaining units. The hours,
wages, and terms and conditions of employment for the FCPL personnel assigned to the
COUNTY’s Public Library are, and shall remain, governed and defined by the terms of the
collective bargaining agreement(s) covering those personnel. Those personnel retained and
directed by WHCCD shall not become a part of any COUNTY bargaining units. Each Party
shall only supervise its own employees and each Party agrees to ensure that its supervisors,
working in the Shared Library, have been trained on and are knowledgeable about issues
relating to employees managed by two separate entities, and are aware that they must
avoid, where possible, creating a joint employment situation.
D.Despite the separate supervision and employment of the employees and
volunteers of each Party as discussed in Section 2(C) above, the Parties will provide cross-
training of their respective staff to work in all parts of the Shared Library as needed.
However, pursuant to WHCCD collective bargaining agreement(s), WHCCD staff availability
and working conditions are limited, including but not limited to coverage on weekends,
holidays, and nights when the Shared Library may be open. This does not include security
staff, which must be available on nights and weekends when the Shared Library is open to
the public, for the safety of FCPL patrons and FCPL staff. Furthermore, the restrooms
located in the main portion of the NDC must be open and available to FCPL staff and
patrons at all times the Public Library is open.
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E.The Parties agree that volunteers are important contributors to a successful library
program, and qualified volunteers will be welcome to participate in the Shared Library. The
Parties also agree that volunteers are most appropriately used to supplement essential
library services provided by full time and part time paid library staff. Volunteers in the Shared
Library will provide supplemental support and will be coordinated by staff of their respective
Party (FCPL or WHCCD). The Party responsible for obtaining any volunteer(s) will also be
responsible for the training and conduct of the volunteer(s) while on the Premises. Volunteer
staff shall not have access to patron records. Volunteers will be required to meet all
applicable California Code requirements. WHCCD personnel who are regularly employed to
provide services for WHCCD libraries, or similar services, may not volunteer to provide the
same or similar services.
SECTION 3
SHARED LIBRARY BUILDING
A. OWNERSHIP OF SHARED LIBRARY BUILDING
During the Initial Term of this Agreement and any Renewal Term, WHCCD will own the
building that the Shared Library occupies, the land on which it sits, the WHCCD Collections
that it has purchased or will purchase with its own funds, and the WHCCD Contents.
Likewise, the COUNTY shall own the COUNTY Collections, furniture and equipment that it
has purchased or will purchase and house in the Shared Library along with any COUNTY
Special Contents. Upon expiration of the Term or a Renewal Term under Section 1(C),
COUNTY shall be entitled to remove all COUNTY Collections, COUNTY Special Contents,
furniture, computers, and equipment.
1. The COUNTY Collections in the Shared Library will be available to all Shared
Library customers. Holds on FCPL materials are limited to San Joaquin Valley
Library System (SJVLS) library cardholders. The WHCCD Collections will only
be available pursuant to all applicable WHCCD policies and procedures.
B. Space Designation and Allocation
1. The Parties, through the WHCCD User Group, and in consultation with COUNTY
personnel, shall work with the design consultant during design of the Shared Library
to designate the functions of specific spaces within the interior of the Shared Library
and needed infrastructure, all of which shall be consistent with the terms of this
Agreement. The WHCCD governance body charged with overseeing maintenance
operations, the Scheduled Maintenance Committee, will ensure participation from
representative(s) of the Shared Library.
2. WHCCD shall, at its sole cost, be responsible for ensuring that the Shared Library
building shall comply with all federal, state and local laws and regulations related to
safety, health, or human use or occupancy of a public building.
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C. Interior and Exterior Space
1. The Site Plan is attached as Exhibit A and incorporated by reference.
2. With the exception of the Exclusive Spaces described in Sections C(3) and
C(4) below, the interior of the Shared Library shall be Shared Space to be
used freely by both Parties.
3. The area marked on Exhibit A as “Children’s,” shall be Exclusive Space for
use by FCPL only.
4. The area marked on Exhibit A as “Tutoring” shall be Exclusive Space for use
by WHCCD only.
5. In regards to the exterior of the Shared Library, the immediate 15-foot radius
around the exterior of the Shared Library building is Shared Space, as marked
on Exhibit A, as well as the number of parking spaces required by law, based
on the building’s size, for the Shared Library.
6. The Community Room, as described in Section 1(B), shall be maintained as a
Shared Space for use by FCPL and WHCCD, as provided herein.
D. Use of the Roof
WHCCD may, and FCPL may request WHCCD permission to, install telecommunications
antennas, microwave or satellite dishes or other communications equipment on the Shared
Library roof for the benefit of library clientele. Placement of equipment on the roof is subject to
any required third-party government approvals. Before any equipment is installed, WHCCD
shall approve the plans and methods for any aesthetic, structural, safety, or technological
concerns. Such approval shall not be unreasonably withheld. The Party installing the
equipment shall bear the cost of routine maintenance of the equipment and be responsible for
any and all damage, leakage or extraordinary wear and tear to the roof occurring as a result
of such use of the roof. Such improvements shall be fixtures, as defined in Section 1(G).
E. Separate Jurisdiction and Identity
Each Party shall maintain sole authority over those library-specific and non-library specific
activities that are related to the overall management and administration of their operations of
which the Shared Library is a part, such as budgeting, human resources, and procurement,
circulation, cataloging, security and technology, subject to the terms and conditions of this
Agreement. The employee(s) of each Party shall not become, nor be construed as, the
employee(s) or agent(s) of the other Party. Additionally, each Party shall follow its own
processes for those activities, subject to the terms and conditions of this Agreement. The
Parties agree to provide notice to each other promptly of any of those activities that might
materially affect or impair the operation of the Shared Library as described in this Agreement.
The Party giving such notice to the other Party shall first meet and consult with the impacted
Party to find a solution that is acceptable to the other Party before implementing any such
solution.
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F. Third Party Uses
1. Each Party shall coordinate any use by third parties of the Shared Library
through existing WHCCD procedures and processes for facilities use as
approved by the WHCCD Board of Trustees, a copy of which is attached as
Exhibit C and incorporated by this reference. The joint agreement of both
Parties is required. Facilities use frequency, number of events, and estimated
attendance shall not disrupt the instructional environment during traditional
class hours. However, WHCCD expressly understands and acknowledges
that FCPL will be conducting activities consistent with those of any other
public library at the Shared Library. These activities include but are not
limited to: children’s story time, afterschool programs, and children’s
programs. These activities will be conducted during morning and daytime
hours and will not be restricted in any way by WHCCD. Fundraising or social
events sponsored by WHCCD, COUNTY or by entities related to, or acting
for the direct benefit of, either WHCCD or COUNTY, such as the Fresno
County Public Library Foundation of the Fresno County Public Library,
Friends of the Fresno County Public Library, or West Hills Community
College Foundation, and other community groups will be subject to all
policies and procedures regarding facility use. However, the Friends of the
Fresno County Public Library and the Foundation of the Fresno County
Public Library will not be charged for use of the Shared Library or the
Community Room as these groups exist to compliment and support the
Fresno County Public Library.
2. The COUNTY, the Foundation of the Fresno County Public Library, or the
Friends of the Fresno County Public Library may serve wine and beer at
events they sponsor at the Shared Library, pursuant to applicable WHCCD
policies, West Hills Community College Foundation requirements and
guidelines pertinent to the service of alcoholic beverages, all of which are
attached to this Agreement as Exhibit D and incorporated by reference, and
subject to approval by the WHCCD Board of Trustees.
3. Since the Shared Library is located in a building owned by WHCCD,
WHCCD’s policies and administrative regulations relating to its property,
such as restrictions on smoking, solicitation, and the prohibition against the
presence of weapons, apply to the use of the Shared Library. WHCCD shall
provide any such policies to COUNTY.
4. Any and all monies provided to the COUNTY by or through the Fresno
Library Foundation or The Friends of the Library, or any third party shall be
for the sole use and benefit of COUNTY and are not subject to this
Agreement. Any and all monies provided to WHCCD by or through any third
party shall be for the sole use and benefit of the WHCCD and are not subject
to this Agreement.
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SECTION 4
GOVERNANCE OF THE SHARED LIBRARY
A. Designated FCPL Supervising Librarian and WHCCD Librarian
FCPL shall select a FCPL Supervising Librarian to manage the Public Library and WHCCD
shall select a Librarian to manage the Academic Library. The FCPL Supervising Librarian
and WHCCD Librarian will establish and communicate Shared Library proposed operational
procedures and protocols to manage the operations of the Shared Library. The
responsibilities of the FCPL Supervising Librarian and WHCCD Librarian or their designees
include the following, in addition to other responsibilities as may be specified by WHCCD
policies and procedures, applicable collective bargaining contracts, and in this Agreement:
1. FCPL may circulate flyers, communications and promotional materials in
keeping with its standards and practices for targeted outreach and
community engagement as outlined by FCPL and the County. Such
promotional materials will highlight Library-sponsored programs, events and
outreach opportunities County-wide. They may also include advertising for
partner agencies and non-profit organizations whose strategic direction are
in keeping with FCPL’s. Such promotional materials will not contain
language or images deemed to offensive to others, as determined by FCPL.
Both parties will jointly develop a coordinated plan to facilitate communication
between FCPL and WHCCD regarding schedules, events, and desired
programs.
2. Supervise their respective staff and agree on supervisory and communication
procedures, including delegation procedures within each Party, in the event of
the FCPL Supervising Librarian or WHCCD Librarian’s absence.
3. Meet and consult regarding staffing to ensure adequate service coverage in
the Shared Library based on the hours that the Shared Library is open.
4. Periodically recommend updates to staffing, utilizing WHCCD hiring
prioritization processes, to reflect the changes in position assignments
between and within programs and functions, and to ensure that the work
schedules of employees in all positions are maintained on a current basis and
provided to the appropriate employees and supervisors as necessary;
5. Discuss and identify factors that are important to the mission of the Shared
Library for evaluating the performance of the individuals assigned to work at
the Shared Library, recognizing that each Party will evaluate its own
employees using its own required forms and procedures, and that decisions
relating to evaluation and discipline are the sole responsibility of the Party that
employs the individual;
6. Identify the library functions that the Parties will jointly perform and establish
benchmarks, procedures and guidelines for those functions, subject to
approval under appropriate WHCCD governance policies and procedures.
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B. Shared Library Committee
A Shared Library Committee shall be established and comprised of the FCPL Supervising
Librarian, the WHCCD Librarian, the FCPL Division Manager, and the WHCCD North
District Center Dean. The responsibilities of the Shared Library Committee shall be as
follows:
1. Meet monthly during the first year of the Shared Library operations, at least
quarterly thereafter, and at such other times deemed necessary by the
Committee;
2. Discuss the mutual needs and goals of WHCCD and FCPL as they relate to
the Shared Library;
3. Foster and develop a cooperative Shared Library;
4. Recommend the days and hours of operation for the Shared Library;
5. Recommend lending procedures appropriate to the operation of the Shared
Library;
6. Attempt to resolve any disputes and disagreements that may arise under
this Agreement or that arise due to inconsistencies between the policies of
WHCCD, and FCPL; and
7. Review remodeling recommendations of the FCPL Supervising Librarian
and WHCCD Librarian and forward any approved recommendations through
WHCCD’s process for funding and final approval of such recommendations.
C. Dispute Resolution
If a Party believes that a dispute involves a default by the other Party of this Agreement
or a disagreement involving the interpretation of a material provision of this Agreement,
the procedures and remedies specified in Section 7 apply. In all cases of disputes or
defaults under this Agreement, the Parties will first attempt to resolve differences, in
good faith, between themselves.
SECTION 5
SHARED LIBRARY OPERATIONS
A. The Collection
1. All members of the general public shall have the right to the use of the
FCPL Collection.
2. Members of the general public will not have circulation rights of the
WHCCD collection.
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3. Each Party shall own that part of the Collection that it purchases using its
own funds.
4. Each Party shall retain the right to select materials for the Collection
appropriate to its specific clientele who use the Shared Library, and shall
be responsible for selecting the Collection materials that best meet the
needs of its constituency.
5. Each Party will have and follow its own written Collections Development
Policy. Each policy will establish clear guidelines for the types of materials
to be acquired, acquisition priorities, procedures, processing for leasing
and rental of materials, challenge, and withdrawal, as well as disposition of
materials and the processes and procedures, if any, for the imposition and
enforcement of penalties, fees or fines for the delinquent return of
materials or loss of or damage to materials.
6.Each Party shall retain the right to establish rules and procedures
regarding the on-site use and off-site lending policies of that part of the
Collection that it owns.
7. In regards to its own materials, each Party shall retain the right to
discontinue any periodicals, reduce that portion of the Collection that it
owns, repair its books, discontinue lending certain types of its materials,
and reclassify or catalog them.
8. WHCCD’s materials shall be cataloged by the WHCC Library.
Bibliographic records, borrower records, and item records shall not be
exported from the WHCCD integrated library system (“ILS”) into the FCPL
ILS. FCPL’s materials shall be cataloged by FCPL and/or the SJVLS.
Bibliographic records, borrower records, and item records shall not be
exported from the FCPL ILS into the WHCCD ILS.
B. The Contents
1. The FCPL Supervising Librarian and WHCC Librarian shall identify the Contents, as
defined in Section 1(J), which need to be purchased for the Shared Library.
WHCCD shall own and insure its Contents within the Shared Library. WHCCD
shall ensure that all and any Contents placed into the Shared Library that do not
already have a WHCCD inventory tag are tagged as WHCCD property before
WHCCD places them within the Shared Library for use. WHCCD shall provide a list
of all Contents that it tags under this Paragraph to WHCCD’s Capital Asset
Accounting Office before the Contents are placed in the Shared Library for use to
ensure that WHCCD’s insurance covers those Contents. County shall own and
insure its Contents within the Shared Library. County shall ensure that all and any
Contents placed into the Shared Library that do not already have a FCPL inventory
tag are tagged as FCPL property before FCPL places them within the Shared
Library for use. County shall provide a list of all Contents that it tags under this
Paragraph to County’s Risk Management Department before the Contents are
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placed in the Shared Library for use to ensure that County’s insurance covers those
Contents.
2. Before the Shared Library opens, the Parties, through the FCPL Supervising
Librarian and WHCCD Librarian, shall prepare an itemized list of the Contents that
each will purchase to house in the Shared Library and shall deliver each Party’s list
to the other Party. The Contents identified for purchase by WHCCD shall be
submitted under and subject to existing processes, separate and distinct from any
FCPL process, which shall not be binding on WHCCD. Thereafter, the Parties,
through the FCPL Supervising Librarian and WHCCD Librarian, shall prepare
annually a schedule of replacement for the Contents. Each Party is responsible for
replacing the Contents that are specific to each Party’s clientele according to the
replacement schedule. Each Party, through their governing board and/or existing
appropriation mechanisms, shall have an obligation to ensure that funds are readily
available to pay for their portion of the Contents according to the itemized list or
replacement schedule.
3 . FCPL shall not remove WHCCD Contents from the Shared Library in any manner
without the prior consent of WHCCD. FCPL has the right to remove Contents and
Special Contents and equipment owned by FCPL for repair, replacement, or other
purposes, as deemed necessary by FCPL staff. WHCCD shall not remove FCPL
Contents from the Shared Library, other than its own Contents and Special
Contents and equipment, in any manner without the prior consent of FCPL.
WHCCD has the right to remove Contents and equipment owned by WHCCD for
repair, replacement, or other purposes, as deemed necessary by WHCCD staff.
C. Lending Policy
WHCCD and FCPL shall maintain their own and separate lending policy for the part of the
Collection owned by each party. The term “lending policy” shall mean all policies, rules and
regulations promulgated by either Party regarding the off-site use of any materials within the
Collection. Such lending policy shall include, without limitation, the time period for such off-
site use, early return policies, reserve policies (WHCCD), the amount of any late fines, and
the number of materials that can be borrowed at one time by a single borrower.
D. Collection of Fines
The FCPL Supervising Librarian and WHCC Librarian shall each establish procedures for the
collection of the respective Party’s fines and for the respective Party’s distribution or use of
any monies collected for materials in the part of the Collection owned by each party. WHCCD
fines and monies shall be handled only by WHCCD staff and FCPL fines and monies shall be
handled only by FCPL staff.
1. Monies shall not be co-mingled; each Party will have its own cash register and safe
for storage of each Party’s monies.
2. Online collection of fines is allowed.
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E. Electronic Materials
When negotiating license or other use agreements for electronically-available materials,
each Party shall have the right to restrict access to those materials so as not to violate the
license or use agreement.
F. Intellectual Freedom
It is the intent of WHCCD and FCPL to continue to honor the current policies of both
WHCCD and FCPL to provide for access to services and materials. These policies will be
shared with the other Party. If laws or ordinances are passed that restrict one or both of the
Parties’ ability to provide services, or if either Party imposes rules, policies or regulations that
restrict access for certain groups of users to material within that Party’s Collection or either
Party’s sponsored services or programs, each Party through their manager, the FCPL
Supervising Librarian or the WHCC Librarian, agrees to promptly notify the other Party. Upon
notification, the Parties, through the FCPL Supervising Manger and the WHCC Librarian,
shall meet and mutually establish a policy to address the issue.
G. Integrated Library Systems (ILS)
The Fresno County Public Library ILS shall be used as the exclusive web-based catalog,
circulation system and interlibrary loan system for FCPL materials. The WHCCD ILS shall be
used as the exclusive web-based catalog, circulation system and interlibrary loan system for
WHCCD materials. In all cases, records and information will be kept separate and never
shared with the other Party’s ILS.
H. Library Privileges
Members of the public and WHCCD students shall have access to the Shared Library during
all hours that the Shared Library is open. The hours of operation of the Public Library and the
Academic Library shall be similar to those of other facilities operated by the Parties. WHCCD
may suspend or revoke student library privileges for cause, and FCPL may suspend or
revoke library privileges of the general public for cause, as determined in their each Party’s
sole discretion.
I. Computer Use
The Shared Library shall have two groups of computers for access by its clientele. One group
shall be available only to WHCCD students and faculty, will be designated accordingly, and
will be configured to the WHCCD system network. The WHCCD computers shall remain on a
physically separate network from the FCPL computers. A second, separate group of
computers will be available to FCPL library card holders, will be designated accordingly, will
be configured to the SJVLS system network, and will be managed to comply with CIPA
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(Children’s Internet Protection Act). FCPL Supervising Librarian and WHCC Librarian shall
establish procedures for access to computers, based on the management of access that, to
the extent feasible, provides the same access to each Party’s clientele as they have at each
Party’s independently-operated locations.
J. Shared Library Programs
1. WHCCD and the FCPL each retain the right to create, sponsor and operate
separate library programs for their clientele within the Shared Library. Each
Party shall be solely responsible for funding its separate programs. The Parties
agree to cooperate in good faith with each other in facilitating all the library
programs operated within the Shared Library.
2. WHCCD and the FCPL shall have the right to create, sponsor and operate joint
library programs within the Shared Library Building. The creation of any such
joint library programs shall be a mutual decision of the Parties and neither
WHCCD nor the FCPL shall have any obligation to enter into any program
proposed by the other Party.
K.Service Marks and Trademarks
Neither Party shall use any service marks, trademarks, logos or other marks of the other
Party without the express written approval of the other Party. The use of any marks must
comply with the owner’s requirements.
L. Ancillary Functions
The Parties shall have the right to provide separate services to their clientele that are
ancillary to the core library services, so long as they do not burden Shared Library resources.
These ancillary library services include, but are not limited to, the operation of copy
machines, computers, computer printers, and other vending services. Copy machines
operated by FCPL are exclusively self-serve. Staff may assist in the usage of copy
machines, but money will always be collected by the machine itself. The Parties, by mutual
agreement, shall also have the right to operate jointly any such ancillary library service. All
monies collected from these services shall be kept separate and shall solely belong to the
Party owning or leasing the machine.
M. Naming Rights
The name of the Shared Library shall be jointly discussed, and FCPL is encouraged to
submit recommendations to WHCCD. The final decision and ownership of the name shall be
subject to WHCCD philanthropic initiatives, governance, and policies respecting WHCCD
site names and designations. Subject to COUNTY’S design approval, WHCCD shall install a
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sign on the outside of the Shared Library with the COUNTY’S logo and the FCPL logo, that
the County uses on its other Library buildings. COUNTY understands that the primary
purpose of the NDC Building is to serve the WHCCD Campus, and that exterior signage will
clearly and prominently display the name and logo of WHCCD as the focal point of the
structure. COUNTY understands that WHCCD shall send any naming proposal for the
Shared Library through its own approval process.
N. Advertising
FCPL and WHCCD shall be able to make routine announcements regarding programs and
services, distribution of materials, and social media initiatives. Matters relating to public
employee collective bargaining shall be prohibited from promotional materials.
SECTION 6
MAINTENANCE
A. General Statement of Site Responsibility; Cost Sharing and Reimbursement
1. As the owner of the Site (as defined in Section 1(J)), WHCCD shall be solely
responsible and authorized to contract for and undertake Capital Improvements,
Capital Repairs, Deferred Maintenance, Emergency Maintenance, Repairs or Routine
Maintenance to the Site, maintenance or improvement activities that WHCCD
undertakes on the recommendation of the Executive Committee or as a Party, except
as specified in this Section 6.
2. WHCCD shall undertake Emergency Maintenance or Repairs either unilaterally or on
the recommendation of the FCPL Supervising Librarian and WHCC President, and
will request the WHCCD Board of Trustees to ratify any such actions.
3. For any Capital Improvements, Capital Repairs, Deferred Maintenance, Routine
Maintenance, or Emergency Maintenance or Repairs, WHCCD shall select a
contractor using its existing policies and procedures regarding the competitive
procurement process as required under applicable law and regulations.
4. WHCCD shall maintain and repair the number of legally required parking stalls based
upon site considerations and the building’s final size at completion, the location of
which to be mutually discussed and indicated on the Site Plan.
B. Appearance of the Site
During the term of this Agreement, WHCCD shall keep the Site in good repair, operating
condition, working order, and appearance, including without limitation:
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1. Maintain and keep the interior and exterior of the Site clean, painted and in good
condition and repair, reasonable wear and tear excepted; and
2. Operate and maintain (and replace as applicable) all parts of the Site, including but
not without limitation, air conditioning, heating systems, plumbing systems, bathrooms,
electrical distribution systems, elevators, concrete foundation floors, roofs, building
structure systems, fire alarm systems, lighting, parking lot lighting, and parking,
keeping them in clean and good condition, reasonable wear and tear excepted.
C. Routine Maintenance Services; Reimbursement and Cost Sharing
1. Unless the Parties determine otherwise, WHCCD shall be responsible to provide or
secure services as needed to maintain and service the Site including, but not limited
to, telecommunications, janitorial, utilities, trash removal, landscape, electrical and
heating and air conditioning services (“Routine Maintenance Services”).
2. Throughout the Initial Term or any Renewal Term, WHCCD shall be responsible for
paying before the assessment of any delinquency all charges for utility services
furnished to the Site, including but not limited to light, heat, electricity, gas, water,
telephone and telecommunication service, sewage service, garbage disposal,
hazardous waste disposal and other public or private utilities of every kind furnished to
the Site. Utilities supplied to the Site such as water, electric, air conditioning, shall be
in the name of WHCCD. WHCCD shall be solely responsible for delinquencies and
late charges, as stated below in Section 6(D).
3. WHCCD shall secure other services that the Parties mutually agree are desired or
become necessary to promote or maintain optimal use of the Shared Library and is
responsible for any associated costs. Such services include those that are provided in
the interest of the health or safety of the patrons, such as pest control, additional site
security, or emergency medical services equipment.
On a monthly basis, WHCCD shall send a bill to COUNTY for COUNTY’S pro rata
share of the cost of utilities, security services, and janitorial services, as set forth in
Exhibit “B.” This amount shall be based on COUNTY’S 2913 square footage of shared
and exclusive space, in proportion to the size of the whole NDC. The cost of these
Routine Maintenance Services shall be calculated at the same rate as WHCCD’s
proportional share, including planned increases in personnel costs associated with
WHCCD collective bargaining agreements, planned step- and column-increases, and
cost of living adjustments (“COLA”). WHCCD must provide notice to COUNTY by July
1 each year for any increases associated with the costs related to Routine
Maintenance, including those resulting from personnel costs, step and column
increases as well as COLA adjustments. Such cost increases may not exceed 4
percent per annum. Any dispute in the amount of the Maintenance Services shall be
resolved in accordance with Section 4.
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D. Liens and Encumbrances
1. WHCCD agrees that the Site shall be kept free and clear from any and all mechanics’
and materialmen’s liens, claims and charges. WHCCD shall indemnify, defend, and
hold the COUNTY harmless from any and all cost, expenses, charges, interest,
penalties, claims, liens or demands, including reasonable attorney’s fees, (collectively
“costs”) arising out of or by virtue of any nonpayment of any obligations incurred by the
COUNTY relating to the Shared Library, except those costs previously described in
Section 6(C).
2. WHCCD agrees that this Agreement shall not be subordinated or subject to any
encumbrances except for the bonds that fund design, construction and capital
infrastructure for the Site.
E. Storage of Hazardous Materials
Neither Party shall use or store or cause to be created any Hazardous Substances in, on or
near the Shared Library Building or at the Site, with the sole exception of reasonably
necessary substances that are kept in reasonably necessary quantities for normal library
operations, provided that their use and storage are in according with applicable laws.
“Hazardous Substances” shall mean any hazardous substances, sewage, petroleum
products, hazardous materials, toxic substances or any pollutants or substances defined as
hazardous or toxic in accordance with federal or state laws and regulations.
F.Security
WHCCD shall be responsible for securing adequate security services for the interior and
exterior of the Shared Library. For the safety of FCPL staff and patrons, adequate security
services must be provided for all times that the Shared Library, including the Public Library
portion alone, is open, including nights and weekends. The cost of the security services shall
be shared proportionally in accordance Section 6(C)(4) above.
SECTION 7
DEFAULTS AND TERMINATION
A. Termination
1. The Parties recognize that this Agreement requires cooperation between the
Parties and a long-term financial commitment by each Party.
2. If, pursuant to the terms provided herein, either COUNTY or WHCCD has an
election to terminate the Agreement and so elects, then notice of such termination
shall be made in writing to the non-terminating party. The notice of termination shall
specify a date of termination not less than one (1) year from the date of said notice.
In the case of COUNTY, the County Administrative Officer or the Director of
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Internal Services/Chief Information Officer or their designee shall have the power to
provide such notice and terminate the Agreement.
3. Upon termination, each Party shall be entitled to remove its Collection, Contents
and Special Contents.
4. Non-Allocation of Funds - The terms of this Agreement and any renewals hereof,
and the services to be provided by the Parties, are contingent on the approval of
funds by the appropriating government agency. If sufficient funds are not allocated,
the services provided may be modified, or this Agreement terminated at any time
by either Party giving the other Party one hundred twenty (120) days advance
written notice.
5. If at any time during this Agreement, COUNTY receives adequate funding and/or
property to establish a stand-alone library facility in Firebaugh, and so desires to
establish a stand-alone facility, COUNTY may terminate this Agreement without
cost or penalty upon one (1) year’s advance written notice to WHCCD.
6. COUNTY FCPL has vacated an existing Public Library space in reliance on
WHCCD’s assurances of a long-term Shared Library. Therefore, if WHCCD
terminates this Agreement within the first thirty-six (36) months of the Initial Term,
WHCCD must find and pay for a similar Public Library space for the FCPL that is
acceptable to COUNTY for a period of the Initial Term equivalent to thirty-six (36)
months from the Effective Date. No assurances or reliance shall be implied for any
Renewal Terms.
B. Default
A default occurs under this Agreement as follows:
1. A Party fails to pay any required cost or expense when due under this
Agreement; or
2. WHCCD fails to perform maintenance or repairs required under this
Agreement; or
3. A Party uses the Shared Library site for an illegal or improper purpose; or
4. A Party fails to comply with any other material provision of this Agreement.
C. Notice of Default: Cure
If a Party fails to cure its default within ninety (90) days following written notice from the other
Party, that Party shall be considered in default.
The term “cause” in this Agreement means a default of one or more material terms of this
Agreement that continues for more than ninety (90) days, after the defaulting party has
received written notice of the default from the other party to this Agreement and the defaulting
party fails to take reasonable steps to correct the default during that time period.//
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D. Remedies
Upon the occurrence of a default and until the defaulting Party cures the default, the non-
defaulting party may exercise all, any or any combination of the following remedies, in any
order and repetitively:
1. The non-defaulting Party may perform any of the defaulting Party’s obligations under
this Agreement without incurring any liability to the non-defaulting Party for any loss or
damage that it may sustain as a result. The non-defaulting party shall be entitled to
recover all of its reasonable and necessary costs and expenses incurred in connection
with that performance.
2. The non-defaulting Party may pursue any and all other remedies to which it may be
entitled at law, in equity or under the provisions of this Agreement. These rights and
remedies are intended to be and shall be cumulative, and the exercise or attempted
exercise by the non-Defaulting party of a given remedy shall not preclude or limit the
right or ability of the non-defaulting Party to exercise, at the same or at any different
time, any other remedy or remedies.
SECTION 8
INDEMNIFICATION AND INSURANCE
A. Indemnification
WHCCD agrees to indemnify, save, hold harmless, and at COUNTY’s request, defend the
COUNTY, its officers, agents, and employees from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to
COUNTY in connection with the performance, or failure to perform, by WHCCD, its officers,
agents, or employees under this Agreement, and from any and all costs and expenses
(including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or
resulting to any person, firm or corporation who may be injured or damaged by the
performance, or failure to perform, of WHCCD, its officers, agents, or employees under this
Agreement.
COUNTY agrees to indemnify, save, hold harmless, and at WHCCD’s request, defend
WHCCD, its officers, agents, and employees from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to
WHCCD in connection with the performance, or failure to perform, by COUNTY, its officers,
agents, or employees under this Agreement, and from any and all costs and expenses
(including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or
resulting to any person, firm or corporation who may be injured or damaged by the
performance, or failure to perform, of COUNTY, its officers, agents, or employees under this
Agreement.
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In the event of concurrent negligence on the part of COUNTY or any of its officers, agents or
employees, and WHCCD or any of its officers, agents, or employees, the liability for any and
all such claims, demands and actions in law or equity for such losses, fines, penalties,
forfeitures, costs and damages shall be apportioned under the State of California's theory of
comparative negligence as presently established or as may be modified hereafter.
The provisions of this Section 8 shall survive the termination of this Agreement.
B. Self-Insurance and Pooled Risk
Any insurance required to be maintained by COUNTY or WHCCD pursuant to this Section
may be maintained under a self-insurance or pooled risk program so long as such self-
insurance or pooled risk program is maintained in the amounts specified in Section 8(C).
C. Insurance Coverage
Without limiting the COUNTY’s right to obtain indemnification from WHCCD or any third
parties, WHCCD, at its sole expense, shall maintain in full force and effect, the following
insurance policies or a program of self-insurance, including but not limited to, an insurance
pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the
Agreement:
1. Commercial General Liability insurance with limits of not less than Two Million
Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million
Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis.
COUNTY may require specific coverages including completed operations,
products liability, contractual liability, Explosion-Collapse-Underground, fire legal
liability or any other liability insurance deemed necessary because of the nature of
this contract.
a. Fire insurance and extended coverage. WHCCD shall add COUNTY as an
additional loss payee thereon.
2. Comprehensive Automobile Liability insurance with limits of not less than One
Million Dollars ($1,000,000.00) for bodily injury and for property damages. Coverage
should include any auto used in connection with this Agreement.
3. Professional Liability – If WHCCD employs licensed professional staff, (e.g., Ph.D.,
R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance
with limits of not less than One Million Dollars ($1,000,000.00) per occurrence,
Three Million Dollars ($3,000,000.00) annual aggregate.
4. Worker’s Compensation – A policy of Worker's Compensation insurance as may be
required by the California Labor Code.
5. Molestation – Sexual abuse/molestation liability insurance with limits of not less
than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars
($2,000,000.00) annual aggregate. This policy shall be issued on a per occurrence
basis.
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Additional Requirements Relating to Insurance
WHCCD shall obtain endorsements to the Commercial General Liability insurance naming
the County of Fresno, its officers, agents, and employees, individually and collectively, as
additional insured, but only insofar as the operations under this Agreement are concerned.
Such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees
shall be excess only and not contributing with insurance provided under WHCCD's policies
herein. This insurance shall not be cancelled or changed without a minimum of thirty (30)
days advance written notice given to COUNTY.
WHCCD hereby waives its right to recover from COUNTY, its officers, agents, and
employees any amounts paid by the policy of worker’s compensation insurance required
by this Agreement. WHCCD is solely responsible to obtain any endorsement to such policy
that may be necessary to accomplish such waiver of subrogation, but WHCCD’s waiver of
subrogation under this paragraph is effective whether or not WHCCD obtains such an
endorsement.
Within Thirty (30) days from the date WHCCD signs and executes this Agreement,
WHCCD shall provide certificates of insurance and endorsement as stated above for all of
the foregoing policies, as required herein, to the County of Fresno, Associate County
Librarian, 2420 Mariposa Street, Fresno CA 93721, stating that such insurance coverage
have been obtained and are in full force; that the County of Fresno, its officers, agents and
employees will not be responsible for any premiums on the policies; that such Commercial
General Liability insurance names the County of Fresno, its officers, agents and
employees, individually and collectively, as additional insured, but only insofar as the
operations under this Agreement are concerned; that such coverage for additional insured
shall apply as primary insurance and any other insurance, or self-insurance, maintained by
COUNTY, its officers, agents and employees, shall be excess only and not contributing
with insurance provided under WHCCD's policies herein; that for such worker’s
compensation insurance WHCCD has waived its right to recover from the COUNTY, its
officers, agents, and employees any amounts paid under the insurance policy and that
waiver does not invalidate the insurance policy; and that this insurance shall not be
cancelled or changed without a minimum of thirty (30) days advance, written notice given
to COUNTY.
In the event WHCCD fails to keep in effect at all times insurance coverage as herein
provided, the COUNTY may, in addition to other remedies it may have, suspend or
terminate this Agreement upon the occurrence of such event.
All policies shall be issued by admitted insurers licensed to do business in the State of
California, and such insurance shall be purchased from companies possessing a current
A.M. Best, Inc. rating of A FSC VII or better.
//
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SECTION 9
OTHER TERMS AND CONDITIONS
A. Successors, Assignment
This Agreement shall be binding upon and inure to the benefit of the Parties and their
successors and assigns. No party may assign any right or obligation under this Agreement
without the written consent of the other party, which consent shall not be unreasonably
withheld.
B. Integration
This Agreement sets forth the entire agreement between the Parties to the Agreement with
regard to the subject matter hereof and supersedes all prior written or oral agreements,
covenants, arrangements, communications, representations or understanding by any party
that are not fully expressed in this agreement. This Agreement may not be modified, changed,
supplemented or terminated, nor may any obligation under this Agreement be waived, except
by written instrument signed by the party to be charged or its agent, duly authorized in writing,
or as otherwise expressly permitted in this agreement. This is a fully integrated agreement.
C. Voluntary Agreement
The Parties represent that they have carefully read this Agreement, have consulted with their
own legal counsel, know and understand the contents of this Agreement, and that each Party
signs this Agreement freely, voluntarily, and with a complete and full understanding of its
terms. Both parties have cooperated in the drafting and preparation of this Agreement. If
there is any construction to be made of this document, the same shall not be construed
against either Party.
D. Public Agency Authority
Each governmental entity signing this Agreement represents and warrants that the Agreement
is executed in compliance with approval of the governing entity of said Party. Any individual
signing this agreement on behalf of the public entity represents and warrants that he/she has
full authority to do so.
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E. Notices
The persons and their addresses having authority to give and receive notices under this
Agreement including the following:
County of Fresno WHCCD
Director of Internal Services/Chief
Information Officer
333 W. Pontiac Way
Clovis, CA 93612
West Hills Community College District
Deputy Chancellor
Attn: Ken Stoppenbrink
9900 Cody Street
Coalinga, CA 93210
All notices between the COUNTY and WHCCD provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-class United
States mail, by an overnight commercial courier service, by telephonic facsimile
transmission, or by other means of delivering written communications as is customarily
used by the Parties. A notice delivered by personal service is effective upon service to the
recipient. A notice delivered by first-class United States mail is effective three COUNTY
business days after deposit in the United States mail, postage prepaid, addressed to the
recipient. A notice delivered by an overnight commercial courier service is effective one
COUNTY business day after deposit with the overnight commercial courier service,
delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
the recipient. A notice delivered by telephonic facsimile is effective when transmission to
the recipient is completed (but, if such transmission is completed outside of COUNTY
business hours, then such delivery shall be deemed to be effective at the next beginning of
a COUNTY business day), provided that the sender maintains a machine record of the
completed transmission. A notice delivered by electronic transmission is effective
immediately, provided that the sender retains a record of the transmission. For all claims
arising out of or related to this Agreement, nothing in this section establishes, waives, or
modifies any claims presentation requirements or procedures provided by law, including
but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government
Code, beginning with section 810).
F. Severability
If any provision of this Agreement, or the application of such provision to any Party or
circumstance, shall be held by a court of competent jurisdiction to be invalid or
unenforceable, the remainder of this Agreement, or the application of such provision to such
Party or circumstances other than those to which it is held to be invalid or unenforceable,
shall not be affected thereby.
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G.Governing Law
The parties agree that for purposes of venue, performance under this Agreement is to be in
Fresno County, California. The rights and obligations of the parties and all interpretation and
performance of this Agreement shall be governed in all respects by the laws of the State of
California.
H. Approval of Budget into Next Fiscal Year
The Parties recognize that the continuation of this Agreement after the close of any given
Fiscal year of each Party, which ends on June 30th of each year, shall be subject to the
approval of the budget of each Party providing an appropriation covering this item as
expenditure. Neither the COUNTY nor WHCCD represents that future budget items will
actually be adopted, that determination being that of each Party’s governing bodies at the
time of the adoption of each Party’s annual budget.
I. Cancellation
The Parties acknowledge that this Agreement is subject to cancellation by the Parties set
forth in a written agreement signed by both Parties (the “Termination Agreement”). Upon
signing by both Parties of that Termination Agreement, the operation of the Shared Library
pursuant to this Agreement shall cease and this Agreement shall terminate.
J. Nondiscrimination
The Parties agree to be bound by applicable local, state and federal laws, rules and
regulations governing Equal Employment Opportunity and Nondiscrimination.
K. Amendments
The Parties may revise this Agreement only through a written amendment signed by
authorized representatives of both Parties and, if required, approved by their governing
boards.
L. No Third Party Beneficiaries.
Notwithstanding anything else to the contrary herein, the Parties acknowledge and agree that
no other person, firm, corporation, or entity shall be deemed an intended third-party
beneficiary of this Agreement.
M. Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall be
deemed to be an original, and all of which taken together shall constitute one and the same
instrument.
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SIGNATURE PAGE TO FOLLOW
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and
year first hereinabove written.
Ken Stoppenbrink
Print Name & Title
9800 Cody Street
Coalinga, CA 9321 O
Mailing Address
FOR ACCOUNTING USE ONLY:
ORG No.: 75112011
Account No.: 7340/7887
Requisition No.:
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: ~ t_,. 'ti=
De LI
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AG C O M M I SS ION E R
L I B R A RY
C O MM U N I T Y RO O M
Building Cost/sq. ft Total Building sq. ft.Total/yr Total/mo. Total/sq. ft./yr
Energy/Utilities 1.60 41,633 66,613 5,551 1.60
Water
Gas
Electricity
I.T.
Custodial/Misc. Maintenance/Security No. of FTE Total employer cost/FTE Total/yr Total/mo. Total/sq. ft./yr
Skilled Maintenance II 1.0 90,000 90,000 7,500 2.16
Custodial Staff 3.5 66,000 231,000 19,250 5.55
Maintenance Supplies/Equipment 3,000 250 0.07
Custodial Supplies 10,000 833 0.24
Security Staff 0.625 38,480 24,050 2,004 0.58
Site Approx 3X Current Cost/year Total/yr Total/mo. Total/sq. ft./yr
Landscape and site maintenance 3 16,380 49,140 4,095 1.18
-
Totals - Building & Site 473,803 39,484 11.38
Shared & Exclusive Space*Cost/sq. ft./yr Shared & Exclusive SF Total/yr Total/mo
Totals 11.38 2,913.00 33,151.29 2,762.61
*Shared & Exclusive Space includes:
Fresno County Library Space
Community Room
EXHIBIT B
WHCCD North District Center - Library Facility Operating Costs
(Three times current expense to accommodate additional plant/tree maintenance, trash, and parking lot maintenance)
EXHIBIT C
Page 1 of 2
Board Policy 6700
Facilities Use
______________________________________________________________________
Reference: Education Code Sections 82537; 82542
Title 5 Section 59601 et seq.
Use of District facilities shall be granted as provided by law. The Chancellor shall
establish procedures regarding the use of district property, including, but not limited to,
facilities and equipment, by community groups, outside contractors, and others.
The administrative procedure shall reflect the requirements of applicable law including
Education Code Section 82537 regarding Civic Centers. The administrative procedure
shall include reasonable rules regarding the time, place and manner of use of district
facilities. They shall assure that persons or organizations using district property are
charged such fees as are authorized by law. Public use of district property shall not
interfere with scheduled instructional programs or other activities of the district on behalf
of the students.
No group or organization may use district property to unlawfully discriminate on the
basis of race, color, religion, ancestry, national origin, military or veteran status,
disability, gender, gender identity, gender expression, or sexual orientation, or the
perception that a person has one or more of the foregoing characteristics, or because a
person associates with a person or group with one or more of these actual or perceived
characteristics, or on any basis prohibited by law.
Use of the district’s facilities will be only for the purposes described by the California
Legislature in Education Code Section 82537. These purposes include use by
associations “formed for recreational, educational, political, economic, artistic, or moral
activities of the public school districts” in order to “engage in supervised recreational
activities” or “meet and discuss, from time to time, as they may desire, any subjects and
questions which in their judgment appertain to the educational, political, economic,
artistic, an moral interests of the citizens of the communities in which they reside”
(Education Code Section 82537(a)). In granting permission to use the facilities, the
District will not discriminate on the basis of viewpoint with regard to organizations
engaging in expressive activities on the topics and subject matters articulated above.
Fees collected will be deposited as follows:
• 20% of the fee received will be deposited to the college facility use revenue
account for college discretionary use for facilities.
• 80% of the fee received will be deposited to a restricted use account established
by the fiscal services department for districtwide facility repair and equipment
needs.
Page 2 of 2
Board Policy 6700
Facilities Use
______________________________________________________________________
The total fees collected will be deposited to the following accounts:
District Facility
General Fund Account
(20%)
General Fund Restricted
(GFR) 41 – Facility &
Equipment
(80%)
District Office 11-000-000000-48851-100 41-232-651000-48851-100
West Hills College Coalinga 11-000-000000-48851-110 41-232-651000-48851-100
West Hills College Lemoore 11-000-000000-48851-220 41-232-651000-48851-100
See Administrative Procedure 6700
Board approval date: 5/21/02
Revised: 10/26/10; 9/27/16
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Administrative Procedure 6700
Facilities Use
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Reference: Education Code Sections 82537; 82542;
Public Resources Code Section 42648.3;
Title 5 Sections 59601 et seq.;
Clark v. Community For Creative Non-Violence (1984) 468 U.S. 288, 104
S. Ct. 3065, 82 L.Ed.2d 221
General Provisions
District facilities identified as Civic Centers or as designated public forums are available
for community use when such use does not conflict with District programs and
operations. Facility use shall be limited to places and times identified by the Deputy
Chancellor, but shall be sufficiently frequent and available on specific dates and times,
so as to allow meaningful use by outside groups. Except as provided in these
procedures or as authorized by law, no organizations shall be denied the use of District
facilities because of the content of the speech to be undertaken during the use.
The Deputy Chancellor is responsible for the coordination and implementation of these
procedures. The Deputy Chancellor shall determine all applicable fees to be charged.
Outside the designated public forum areas, the following shall apply:
• All user groups shall be required to provide the District with a hold harmless and
indemnification agreement acknowledging that they will be financially responsible
for any losses, damages, or injuries incurred by any person as a result of their
use of the facilities.
• All user groups shall be required to provide a certificate of insurance with limits
acceptable to the District and/or other proof of financial responsibility acceptable
to the District.
A copy of all finalized agreements and certificates of insurance must be filed with the
office of the Deputy Chancellor. No event sponsored by an external group can be held
unless an authorized facilities use agreement is on file.
Civic Centers
Eligible persons or groups may use District buildings or grounds identified in Appendix A
and designated as the Civic Center for public, literary, scientific, recreational, or
educational meetings, or for discussion of matters of general or public interest, subject
to this procedure.
The groups identified in Education Code Section 82542(a) will be permitted, “when an
alternative location is not available,” as described in the statute, to use District facilities
upon payment only of the following:
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Administrative Procedure 6700
Facilities Use
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• The cost of opening and closing the facilities, if no college or District employees
would otherwise be available to perform that function as a part of their normal
duties;
• The cost of a college or District employee’s presence during the organization’s
use of the facilities if it is determined that the supervision is needed, and if that
employee would not otherwise be present as part of his or her normal duties;
• The cost of custodial services, if the services are necessary and would not have
otherwise been performed as part of the custodian’s normal duties; and
• The cost of utilities directly attributable to the organization’s use of the facilities.
Except as provided herein, other groups shall be charged an amount not to exceed the
direct costs of District facilities. Direct costs shall include costs of supplies, utilities,
custodial services, services of any other District employees, and salaries paid District
employees necessitated by the organization’s use of District facilities. Additionally,
except for classroom-based programs that operate after school hours and organizations
retained by the college or District to provide instruction or instructional activities to
students during school hours, direct costs shall also include the costs for maintenance,
repair, restoration, and refurbishment of college facilities and grounds used by the
group.
The District shall maintain a fee schedule adopted by the Board of Trustees that
includes the hourly fee for each specific school facility and grounds (see Appendix A).
The following shall be charged fair rental value for the use of District facilities:
• Any church or religious organization for the conduct of religious services, which
may be conducted for temporary periods where the church or organization has
no suitable meeting place for the conduct of such services.
• Entertainments or meetings where admission fees are charged or contributions
are solicited and the net receipts of the admission fees or contributions are not
expended for the welfare of the students of the District or for charitable purposes.
The American Red Cross or other public agencies may use District facilities, grounds,
and equipment for mass care and welfare shelters during disasters or other
emergencies affecting the public health and welfare, and the District will cooperate with
these agencies in furnishing and maintaining services deemed by the Board of Trustees
to be necessary to meet the needs of the community.
Rules for Facilities Use
1. Requests for use of District facilities must be made at least thirty (30) days in
advance of the first date of use being requested. Requests shall be made on forms
provided by the District (see Appendix B). Authorization to use District facilities shall
be granted by the Deputy Chancellor and the College President for the particular
location at which the facilities are to be used.
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Administrative Procedure 6700
Facilities Use
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2. Permission to use District facilities shall not be granted for a period to exceed one
fiscal year. No person or organization may be granted a monopoly on any facility.
3. All charges for the use of District facilities are payable five (5) working days prior to
use.
4. Any person applying for use of District property on behalf of any group shall be a
member of the group and, unless he or she is an officer of the group, must present
written authorization to represent the group. Each person signing an application
shall, as a condition of use, agree to be held financially responsible in the case of
loss or damage to District property.
5. The District may require security personnel as a condition of use whenever it is
deemed to be in the District’s best interests.
6. No person applying for use of District property shall be issued a key to District
facilities.
7. Future facility requests may be denied on grounds including, but not limited to,
abuse or misuse of district property and failure to pay promptly for any damage to
District property.
8. No alcoholic beverages, intoxicants, controlled substances, or tobacco in any form
shall be brought onto the property of the District with the exception of functions
endorsed by or through the West Hills Community College Foundation and approved
prior to the event by the Board of Trustees. Persons under the influence of alcohol,
intoxicants, or controlled substances shall be denied participation in any activity.
9. No structures, electrical modifications or mechanical apparatus may be erected or
installed on District property without specific written approval by the Deputy
Chancellor.
10. All decorative materials including, but not limited to, draperies, hangings, curtains,
and drops shall be made or treated with flame-retardant processes approved by the
State Fire Marshall.
11. With the exception of West Hills Community College District educational programs
and sponsored events, facilities may not be reserved more than eight (8) months in
advance of the event date.
12. Other rules and regulations for the use of District facilities are set forth in Appendix
B.
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Administrative Procedure 6700
Facilities Use
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Recycling: Large Venues and Events
“Large venue” means a permanent venue facility that annually seats or serves an
average of more than 2,000 individuals within the grounds of the District per day of
operation of the venue facility.
“Large event” means an event that charges an admission price, or is operated by a local
agency, and serves an average of more than 2,000 individuals per day of operation of
the event.
Biennially, on or before July 1, District representatives will meet with recyclers and with
the solid waste enterprise that provides solid waste handling services to the large venue
or large event to determine the solid waste reduction, reuse, and recycling programs
that are appropriate for the large venue or large event. In determining feasible solid
waste reduction, reuse, and recycling programs, the operator may do any of the
following:
• Develop solid waste reduction, reuse, and recycling rates and a solid waste
reduction, reuse, and recycling plan that would achieve those solid waste
reduction, reuse, and recycling rates.
• Determine a timeline for implementation of the solid waste reduction, reuse, and
recycling plan and solid waste reduction, reuse, and recycling rates.
Priority for the Use of District Facilities
Priority for the use of District facilities will be as follows:
1. Academic program/direct instruction
2. Student clubs and organizations
3. Fundraising entertainment or meetings where admission fees charged or
contributions solicited are expended for the welfare of the students of the District
4. Parent-Teachers' associations
5. School-Community advisory councils
6. Camp Fire Girls, Girl Scout troops, and Boy Scout troops
7. Senior citizens' organizations
8. Other public agencies
9. Organizations, clubs, or associations organized for cultural activities and general
character building or welfare purposes (such as folk and square dancing)
10. Public agencies, including the American Red Cross, for mass care and welfare
shelters during disasters or other emergencies affecting the public health and
welfare.
Fee Categories
The following organizations will be charged fair rental value rates identified in Appendix
A:
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Administrative Procedure 6700
Facilities Use
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• Non-Profit Organizations (Community or non-District)
• Commercial Organizations
• Religious Organizations and Churches
Facility/Equipment Rental Fees
A signed Application and Agreement for Use of District Property must be submitted to
request the use of District facilities. Upon receipt of the application, the requestor will
be sent a quotation for the facility/equipment rental. Once agreed to, the quotation must
be signed by the requestor and submitted to the college with a 25% deposit to secure
the facility/equipment rental. The balance must be received in the District’s business
office five (5) working days prior to use. The actual cost of any required setup or
cleanup costs related to the use of facilities for custodial and/or maintenance workers,
or for any other special equipment setup shall be charged to the facilities use requestor.
Cancellations require 72 hour notification. All expenses incurred by the District or
college related to the facilities use request prior to cancellation are non-refundable and
these charges are due and payable upon invoicing by the District.
See Appendix A for applicable rental fees.
Collection of Fees for Use of Facilities
The amount of fees collected shall be determined in accordance with the schedule of
fees.
The college shall ensure the District Office has a copy of the approved Application and
Agreement for Use of District Property and provide the District Office with the amount to
be invoiced. The approved application must contain the name of the organization,
name of responsible party, address, date(s) of use, facilities requested, and the fees to
be charged. An invoice will be prepared by the District Office based on this information.
Board approval date: 5/21/02
Revised: 10/26/10; 11/22/10; 9/27/16
A-1
APPENDIX A
Facility/Equipment Rental Fees
West Hills College Coalinga
Facility/Equipment Daily Minimum
Barbecue Pit
(delivery and pickup by WHC staff) $100.00
Baseball Field $400.00
Chairs $1 per chair
Custodial $50 per hour/per
custodian
Dance Studio $560.00
Dining Hall Seating Area (no kitchen)
(178 maximum occupancy) $800.00
Everett Hall
(0-60 maximum occupancy) $200.00
Food Service/Catering Per quotation
Football Practice Field $400.00
Large Classroom
(50-100 maximum occupancy) $175.00
Large Conference Room
(50-100 maximum occupancy) $450.00
Media Staff $50 per hour/per
employee
Portable Stage $400.00
Public Address System $240.00
Residence Halls Per quotation
Rodeo Arena
(plus mandatory staff supervision at actual cost) $2,500.00
Security
(required of events of 500 people or more)
$50 per hour/per
security guard
Small Classroom
(0-49 maximum occupancy) $100.00
Small Conference Room
(0-49 maximum occupancy) $200.00
Softball Field $400.00
Tables $10 per table
Tennis Courts $200.00
Theatre
(300 maximum occupancy) $750.00
Theatre with Stage and Dressing
Rooms $1,500.00
Video Conference Room $280.00
Wellness Center Gymnasium
(1,500 maximum occupancy) $2,300.00
Wellness Center Gymnasium with
Locker Rooms $3,000.00
Wellness Center Weight Room $1,000.00
West Hills College Lemoore
Facility/Equipment Daily Minimum
Aerobics/Weight Room
(70 maximum occupancy) $560.00
Amphitheatre Area $120.00
Chairs $1 per chair
Custodial $50 per hour/per
custodian
Extra Large Conference Room
(101-150 maximum occupancy) $600.00
Food Service/Catering Per quotation
Large Classroom
(50-100 maximum occupancy) $175.00
Large Conference Room
(50-100 maximum occupancy) $450.00
Media Staff $50 per hour/per
employee
Multi Use Sports Complex Concession
Stand $500.00
Multi Use Sports Complex Lobby (only) $500.00
Multi Use Sports Complex Gymnasium
(2,626 maximum occupancy) $5,000.00
Multi Use Sports Complex Gymnasium
with Locker Rooms
(2,626 maximum occupancy)
$6,000.00
Public Address System $240.00
Security
(required of events of 500 people or more)
$50 per hour/per
security guard
Small Classroom
(0-49 maximum occupancy) $100.00
Small Conference Room
(0-49 maximum occupancy) $200.00
Soccer Field $400.00
Student Union $3,500.00
Tables $10 per table
Video Conference Room $280.00
North District Center, Firebaugh
Facility/Equipment Daily Minimum
Small Classroom
(0-49 maximum occupancy) $100.00
Video Conference Room $280.00
District Office
Facility/Equipment Daily Minimum
Board Room $280.00
Video Conference Room $280.00
Note: The actual cost of any required setup or cleanup costs related to the use of facilities for custodial and/or maintenance
workers, security guards, and/or media personnel will be determined based on the type of event, hours of the event, and the
number of attendees.
Computer labs and collaboratories are not rented out due to potential damage that may be incurred.
B-1
APPENDIX B
APPLICATION AND AGREEMENT
FOR USE OF DISTRICT PROPERTY
Event/Activity Title: _________________________________________________________________________________
Name of Organization or Requestor: _______________________________________ Today’s Date: _______________
Typ e of Organization: _______________________________________________________________________________
Name of Responsible Party: ___________________________________ Title: _________________________________
Address: ________________________________________ City/State/Zip: ____________________________________
Contact Phone: ____________________ Fax: ___________________ Email: _________________________________
Type of Event/Activity:
Civic Use/Non-Profit College Activity Commercial Dance
Lecturer/Speaker Meeting Performance/Concert Sport Event
Other: _______________________________________________________________________________________
Date(s) of Event/Activity: ______________________ Day(s) of Use: M T W Th F Sa Su
Event/Activity Access Time: _______ am/pm Start Time: _______ am/pm Vacate Time: _______ am/pm
Attendance Expected: ______ Entry Fee (if any): $______ Is the event/activity open to the public? Yes No
Will anything be offered for sale? Yes No Will there be any paid participants? Yes No
How will proceeds be used? __________________________________________________________________________
Facility Location: West Hills College Coalinga West Hills College Lemoore
North District Center, Firebaugh District Office
Facility/Room Requested:
West Hills College Coalinga: West Hills College Lemoore:
Barbecue Pit Aerobics/Weight Room
Baseball Field Amphitheatre Area
Chairs: How many? _____ Chairs: How many? _____
Custodial Custodial
Dance Studio Extra Large Conference Room
Dining Hall Seating Area (no kitchen) Food Service/Catering
Everett Hall Large Classroom
Food Service/Catering Large Conference Room
Football Practice Field Media Staff
Large Classroom Multi Use Sports Complex Concession Stand
Large Conference Room Multi Use Sports Complex Lobby (only)
Media Staff Multi Use Sports Complex Gymnasium
Portable Stage Multi Use Sports Complex Gymnasium with Locker Rooms
Public Address System Public Address System
Residence Halls Security
Rodeo Arena Small Classroom
Security Small Conference Room
Small Classroom Soccer Field
Small Conference Room Student Union
Softball Field Tables: How many? _____
Tables: How many? _____ Video Conference Room
Tennis Courts North District Center, Firebaugh
Theatre Small Classroom
Theatre with Stage and Dressing Rooms Video Conference Room
Video Conference Room District Office
Wellness Center Gymnasium Board Room
Wellness Center Gymnasium with Locker Rooms Video Conference Room
Wellness Center Weight Room
B-2
Special arrangement or setup requirements (attach description if necessary): ______________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
CANCELLATIONS require 72 hour notification. All expenses incurred by the West Hills Community College District prior to cancellation
are non-refundable. Payment of total amount due must be received in the District Business Office five (5) working days prior to use.
FOR DISTRICT USE ONLY
Deposit Due Date: ____________ Deposit Amount Due: $___________ Total Amount to be Billed: $____________
CERTIFICATE OF INSURANCE: One million dollars ($1,000,000) minimum liability required. The certificate must identify the West
Hills Community College District as additional insured and be accompanied by an endorsement.
FOR DISTRICT USE ONLY
Date Certificate Received: _____________ Name of Insurance Agency: ___________________________________
RESPONSIBLE PARTY ENTERING INTO AGREEMENT: I have read and understand the rules, regulations and policies of the West
Hills Community College District and assume responsibility for adherence. I hereby certify that I shall be personally responsible, on
behalf of my organization, for any damage sustained by the District premises, furniture, or equipment because of the occupancy of said
premises by my organization. I agree to hold the college and the West Hills Community College district, its Governing board, the
individual members thereof, and all District officers, agents, and employees free and harmless from any loss, liability, cost, or expense
that may arise during, or be caused in any way by, such use or occupancy of District property.
Responsible Party Signature: _____________________________________________ Date: ______________________
FOR DISTRICT USE ONLY
College President Approval: ________________________________________ Approval Date: __________________
Deputy Chancellor Approval: _______________________________________ Approval Date: __________________
B-3
RULES AND REGULATIONS GOVERNING THE USE OF DISTRICT PROPERTY
1. All users are expected to observe district/college regulations, policies, and procedures. Statutes in Education Code Sections
82537, 82542, 82544 and 82548 are policy as set forth herein.
2. Use and occupancy of district/college property shall be primarily for the educational programs of the district. Any authorized use or
occupancy of the property for other than district/college purposes shall be secondary and subordinate to this primary purpose.
Final approval for use of district/college facilities shall not be granted more than three (3) months in advance. The Vice Chancellor
of Business Services or College President may deny the use of district/college facilities if the meeting or event is deemed to be an
interference with the educational functions of the district/college. The district/college will assume no obligation in the event that a
change of day or time is requested once an application has been approved. The district/college reserves the right to cancel, as a
result of extenuating circumstances.
3. Any permit may be revoked without previous notice where conflicting days have resulted or where need of the property for
district/college purposes has subsequently developed. Permits may be revoked for other causes at any time upon reasonable
notice. Permits are not transferable.
4. District/College furniture or apparatus may not be removed or displaced by any permitee without permission from and under the
supervision of the district employee in charge. No alterations or physical changes shall be permitted in any buildings or landscape.
Decorations must meet fire safety regulations and shall be erected and removed in a manner so as not to disturb or destroy the
property.
5. FIRE & SAFETY – At no time shall there be more persons admitted to the auditorium, gymnasium or other assembly room than the
legal seating capacity permits. No device which produces flame, sparks, smoke, or explosions, shall be used in the auditorium,
gymnasium or other assembly room without the approval of the Fire Chief. Large facilities such as auditoriums and gymnasiums
may require ushers to the exits. The applicant shall contact the person in charge ten (10) days before the event to ascertain the
number of ushers required, if any.
6. When a facility is used, full details of services and equipment must be furnished in advance. A district/college supervisor will be
required. Personnel may be furnished by the district/college, and in some circumstances, district/college personnel will be
required. All other personnel used by the organization in staging its event are to be employed and paid by the organization.
7. Smoking is prohibited inside district/college buildings and prohibited within 20 feet of a main exit, entrance, or operable window of
all district owned, occupied or leased buildings. No intoxicants or narcotics shall be used, nor profane language, quarreling, or
gambling will be permitted. Violations of this policy or any other regulation of this type during occupancy shall be sufficient cause
for:
• Immediate revocation of permit;
• Immediate suspension of the activity;
• Removal of all participants from the facility;
• The denial of further use of district or college premises to the organization.
8. Programs and events presented on district property shall at no time contain matter which tends to cause a breach of the peace, or
which constitutes subversive doctrine or seditious utterances, or which agitates for changes in our form of government or social
order by violence or unlawful methods. Permits for the use of district facilities at which there will be a discussion of civic and or
political problems shall be open to all who desire to attend.
9. Facility use applicant must provide proof of adequate supervision for any event. The Vice Chancellor of Business Services or
College President or designee shall judge adequacy. Applicants are also responsible for providing law enforcement officers when
required by district/college representative to ensure crowd, parking, and traffic control.
10. If free use of the facilities is granted to the applicant, the event shall be non-exclusive and shall be open to the public.
11. Permits will be granted for use of college and district facilities on Saturdays, Sundays, and holidays, although use of district
property on holidays is discouraged and subject to the ability of the district to schedule required personnel.
12. No permits will be issued for longer than one college semester (18 weeks). At the expiration of any permit, a new written
application must be made for any renewal.
13. The College President must approve the use of a campus stadium, gymnasium, or auditorium used for fundraising by a community
group or special promoter before the Vice Chancellor of Business Services shall approve the use.
14. Should an organization desire to cancel a permit, the Vice Chancellor of Business Services must be notified at least three (3)
working days prior to the time for which the permit has been granted. Failure to give this notice will result in the refusal or
revocation of permits for future use as well as deposit or payment being non-refundable.
15. Any and all regular college and district organizations, whether operating during day or evening in any district facility, have the right-
of-way to use the rooms in such building. No permit will be granted which can in any way interfere with the program of regular
college work. Any meeting for which a permit has been granted must give way to the regular college activities.
16. It shall be the duty of the college or district representative in charge to see that there are no violations on the part of any individual
or group of these regulations. The college representative shall report to the Vice Chancellor of Business Services all such
violations.
17. The lessee agrees to indemnify and hold the West Hills Community College District harmless against all liability, responsibility,
damages, loss, cost, and expense of any nature whatsoever, arising out of injury to or the death of any person, or damage to the
property of the West Hills Community College District or any other person resulting in whole or in part from the acts of the lessee,
his agents or employees or arising out of the lessee's operations.
18. Prior written approval must be obtained from the appropriate administrator before any district/college owned equipment is removed
from the campus. Use of district/college equipment, both on and off site, for personal use is prohibited.
West Hills Community College Foundation
PROCEDURE FOR PROCESSING
Department of Alcoholic Beverage Control Licenses
1. WHCCD Administrative Procedure 6700 (Facilities Use) states: “No alcoholic beverages
intoxicants, controlled substances or tobacco in any forms shall be brought onto the
property of the district, with the exception of functions endorsed by or through the West
Hills Community College Foundation.”
2. Department of Alcoholic Beverage Control License application must be done in the
name of the WHCC Foundation and signed by the executive director. It is the
responsibility of the event representative to begin the process and gather required
signatures. The ABC license application must be received and date stamped by the
WHCCF Office 60 days prior to the event.
3. ABC requires (per SB339 Jan. 1, 2012) a letter confirming that the WHCCD Board of
Trustees has approved the event. Please contact Donna Isaac in the WHCCD
Chancellor’s Office to make arrangements for your item to be placed on the board
agenda.
4. START THE PROCESS EARLY. Prior to getting the ABC license, you must complete a
WHC facilities request form (found at:
http://westhillscollege.com/district/employee_resources/business_services/forms.asp
5. This form must be signed by the college president and turned in prior to starting the ABC
license request with the foundation office.
6. Request the foundation office to order special event insurance coverage. There is a fee
that will be charged for this Certificate of Insurance which names WHCCD as an
additional insured for the event. The cost of this insurance coverage will be borne by the
event budget.
7. Request a check for the ABC license fee. ABC will only accept a money order so the
check will need to be made to an individual who will have to purchase the money order.
8. Blank ABC license applications may be obtained from the West Hills Community College
Foundation (WHCCF) Office (x2127) or online at:
http://www.abc.ca.gov/FORMS/ABC221-2010.pdf
4. Event representative must fill out the form and have it signed by the foundation
executive director and the property owner (WHCCD vice chancellor of business
services).
9. Event representative must hand carry the completed application to his/her local law
enforcement office and have it signed in the designated area. (This is required on all
events).
5. Once the form is complete, return to the WHCCF Office so the form can be submitted to
ABC for processing (along with the money order for the fee). When the ABC license is
received, an original will be returned to the event coordinator for display at the event.
The original must be returned to the foundation office after the event.
1
EXHIBIT D
6. A copy of the foundation’s Annual Registration Renewal Fee Report filed with the
Attorney General of California must be attached to the ABC license application.
7. WHCCF reserves the right to accept and process all ABC license applications on a case
by case basis.
Types of events which will be considered for WHCCF sponsored ABC license:
1. Combination WHCCF/District and/or WHCCF/College sponsored event(s), which are
to entertain external guests for the purpose of WHCCF fund-raising/friend-raising.
Types of events which will NOT be considered for WHCCF sponsored ABC license:
1. Any event that is for internal/primarily internal constituents, which is not primarily for
fund-raising purposes whether sponsored in combination by WHCCF/District and/or
WHCCF/College or solely by a College/Campus/Clubs, etc.i
Outside non-profit organizations seeking to hold fund raising events at the colleges are required
to request foundation co-sponsorship or endorsement and:
1. Complete a facilities use request form.
2. Order a Certificate of Insurance naming WHCCD and the WHCC Foundation as
additionally insured party.
3. Request that the foundation order an ABC license.
i Feb. 1, 2012
Reviewed at: Chancellor’s Executive Cabinet (date to be determined)
2
RULES AND REGULATIONS GOVERNING THE USE OF DISTRICT PROPERTY
1. All users are expected to observe district/college regulations, policies, and procedures. Statutes in Education Code Sections 82537, 82542,
82544 and 82548 are policy as set forth herein.
2. Use and occupancy of district/college property shall be primarily for the educational programs of the district. Any authorized use or occupancy
of the property for other than district/college purposes shall be secondary and subordinate to this primary purpose. Final approval for use of
district/college facilities shall not be granted more than three (3) months in advance. The Vice Chancellor of Business Services or College
President may deny the use of district/college facilities if the meeting or event is deemed to be an interference with the educational functions of
the district/college. The district/college will assume no obligation in the event that a change of day or time is requested once an application has
been approved. The district/college reserves the right to cancel, as a result of extenuating circumstances.
3. Any permit may be revoked without previous notice where conflicting days have resulted or where need of the property for district/college
purposes has subsequently developed. Permits may be revoked for other causes at any time upon reasonable notice. Permits are not
transferable.
4. District/College furniture or apparatus may not be removed or displaced by any permitee without permission from and under the supervision of
the district employee in charge. No alterations or physical changes shall be permitted in any buildings or landscape. Decorations must meet fire
safety regulations and shall be erected and removed in a manner so as not to disturb or destroy the property.
5. FIRE & SAFETY – At no time shall there be more persons admitted to the auditorium, gymnasium or other assembly room than the legal
seating capacity permits. No device which produces flame, sparks, smoke, or explosions, shall be used in the auditorium, gymnasium or other
assembly room without the approval of the Fire Chief. Large facilities such as auditoriums and gymnasiums may require ushers to the exits.
The applicant shall contact the person in charge ten (10) days before the event to ascertain the number of ushers required, if any.
6. When a facility is used, full details of services and equipment must be furnished in advance. A district/college supervisor will be required.
Personnel may be furnished by the district/college, and in some circumstances, district/college personnel will be required. All other personnel
used by the organization in staging its event are to be employed and paid by the organization.
7. Smoking is prohibited inside district/college buildings and prohibited within 20 feet of a main exit, entrance, or operable window of all district
owned, occupied or leased buildings. No intoxicants or narcotics shall be used, nor profane language, quarreling, or gambling will be permitted.
Violations of this policy or any other regulation of this type during occupancy shall be sufficient cause for:
• Immediate revocation of permit;
• Immediate suspension of the activity;
• Removal of all participants from the facility;
• The denial of further use of district or college premises to the organization.
8. Programs and events presented on district property shall at no time contain matter which tends to cause a breach of the peace, or which
constitutes subversive doctrine or seditious utterances, or which agitates for changes in our form of government or social order by violence or
unlawful methods. Permits for the use of district facilities at which there will be a discussion of civic and or political problems shall be open to
all who desire to attend.
9. Facility use applicant must provide proof of adequate supervision for any event. The Vice Chancellor of Business Services or College President
or designee shall judge adequacy. Applicants are also responsible for providing law enforcement officers when required by district/college
representative to ensure crowd, parking, and traffic control.
10. If free use of the facilities is granted to the applicant, the event shall be non-exclusive and shall be open to the public.
11. Permits will be granted for use of college and district facilities on Saturdays, Sundays, and holidays, although use of district property on
holidays is discouraged and subject to the ability of the district to schedule required personnel.
12. No permits will be issued for longer than one college semester (18 weeks). At the expiration of any permit, a new written application must be
made for any renewal.
13. The College President must approve the use of a campus stadium, gymnasium, or auditorium used for fundraising by a community group or
special promoter before the Vice Chancellor of Business Services shall approve the use.
14. Should an organization desire to cancel a permit, the Vice Chancellor of Business Services must be notified at least three (3) working days prior
to the time for which the permit has been granted. Failure to give this notice will result in the refusal or revocation of permits for future use as
well as deposit or payment being non-refundable.
15. Any and all regular college and district organizations, whether operating during day or evening in any district facility, have the right-of-way to
use the rooms in such building. No permit will be granted which can in any way interfere with the program of regular college work. Any
meeting for which a permit has been granted must give way to the regular college activities.
16. It shall be the duty of the college or district representative in charge to see that there are no violations on the part of any individual or group of
these regulations. The college representative shall report to the Vice Chancellor of Business Services all such violations.
17. The lessee agrees to indemnify and hold the West Hills Community College District harmless against all liability, responsibility, damages, loss,
cost, and expense of any nature whatsoever, arising out of injury to or the death of any person, or damage to the property of the West Hills
Community College District or any other person resulting in whole or in part from the acts of the lessee, his agents or employees or arising out
of the lessee's operations.
18. Prior written approval must be obtained from the appropriate administrator before any district/college owned equipment is removed from the
campus. Use of district/college equipment, both on and off site, for personal use is prohibited.
Department of Alcoholic Beverage Control
DAILY LICENSE APPLICATION/AUTHORIZATION - Non Transferable
LICENSE NUMBER GEO CODE
RECEIPT NUMBER
FEE
$
1. ORGANIZATION'S NAME CONDITIONS REQUIRED DIAGRAM REQUIRED
Yes No Yes No
2. LICENSE TYPE (Check appropriate license type AND organization type)
a.Daily General ($25.00) (Includes beer, wine and distilled spirits)
Political Party/Affiliate Supporting Candidate for Fraternal Organization in Existence Over Five Years
Public Office or Ballot Measure with Regular Membership
Organization Formed for Specific Charitable or Civic Purpose Religious Organization
Other: Vessel per Section 24045.10 B&P ($50.00)
NUMBER OF DISPENSING POINTS
b. Special Daily Beer ($25.00)Special Daily Beer & Wine ($50.00)Special Daily Wine ($25.00)
Charitable Fraternal Social Political Other:
Civic Religious Cultural Amateur Sports Organization
NUMBER OF DISPENSING POINTS
c.Special Temporary License ($100.00)(Different privileges depending on statute)
Television Station per Section 24045.2 or 24045.9 B&P Person conducting Estate Wine Sale per Section 24045.8 B&P
Nonprofit Corporation per Sections 24045.4 and 24045.6 B&P Women's Educational and Charitable Organization per
Section 24045.3 B&P
Other Special Temporary Licenses, per Section
License number Amount $
3. EVENT TYPE
Dinner Dance Wedding Lunch Picnic Barbeque Social Gathering Festival
Sports Event Concert Birthday Mixer Carnival Dinner Dance Other:
4. TOTAL # OF DAYS 5. ESTIMATED ATTENDANCE 6. HOURS OF ALCOHOLIC BEVERAGE SALES, SERVICE AND/OR CONSUMPTION
From To
7. EVENT DATE(S)8. EVENT IS OPEN TO THE PUBLIC
Yes No
9. EVENT LOCATION (Give facility name, if any, street number and name, and city)
10. LOCATION IS WITHIN THE CITY LIMITS 11. TYPE OF ENTERTAINMENT 12. SECURITY GUARDS
Yes No Yes No If yes, how many?
13. AUTHORIZED REPRESENTATIVE'S NAME 14. REPRESENTATIVE'S TELEPHONE NUMBER
15. REPRESENTATIVE'S ADDRESS
16. ORGANIZATION'S MAILING ADDRESS (If different from #15 above)
17. AUTHORIZED REPRESENTATIVE'S SIGNATURE 18. DATE SIGNED
PROPERTY OWNER APPROVAL BY (Name), REQUIRED PHONE NUMBER PROPERTY OWNER SIGNATURE DATE SIGNED
LAW ENFORCEMENT APPROVAL BY (Name), IF APPLICABLE PHONE NUMBER LAW ENFORCEMENT SIGNATURE DATE SIGNED
DISTRICT OFFICE APPROVAL BY (Name)ABC EMPLOYEE SIGNATURE ISSUANCE DATE
State of California
Edmund G. Brown Jr., Governor
ABC-221 (rev. 01-11)
Instructions: Complete all items. Submit to local ABC District Office with required fee (Cashier's Check or
Money Order) payable to ABC. Once license is issued, fee cannot be refunded. For a listing of ABC District
Offices please visit http://www.abc.ca.gov/distmap.html
Pursuant to the authority granted by the organization named below, the undersigned hereby applies for the
license(s) described below.
The above-named organization is hereby licensed, pursuant to the California Business and Professions Code Division 9 and California Code of Regulations,
to engage in the temporary sale of alcoholic beverages for consumption at the above named location for the period authorized above. This license does not
include off-sale ("to-go") privileges.
This license may be revoked summarily by the Department if, in the opinion of the Department and/or the local law enforcement agency, it is
necessary to protect the safety, welfare, health, peace and morals of the people of the State.