Agenda

Return

C.38

To:	Board of Supervisors
From:	David Twa,County Administrator
Date:	February 15, 2011

Contra

Costa

County

Subject:

City of Walnut Creek Lesher Center for the Arts Library Agreement

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 02/15/2011

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

ABSENT:

Mary N. Piepho, District III Supervisor

Contact:

Gail McPartland, 925-927-3204

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: February 15, 2011
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the County Administrator, or designee, to execute an agreement with the City of Walnut Creek Lesher Center for the Arts in an amount not to exceed $5,162 effective June 16, 2011 to provide a venue for the 2011 Summer Reading Festival.

FISCAL IMPACT:

Costs for the City of Walnut Creek Lesher Center for the Arts not to exceed $5,162 and will be offset by admission costs not to exceed $7,650. The balance of $2,488 will be used to offset speaker's costs which are included in the Library's 2010-11 budget.

BACKGROUND:

On June 16, 2011, the Contra Costa County Library’s annual Reading Festival will kick off its ever-popular Summer Reading program. The festival will feature authors, events, music and more, while encouraging people throughout the county to sign up for the 2011 Summer Reading program. The Library will feature an author talk at the City of Walnut Creek Lesher Center for the Arts - Hofmann Theatre at 7pm on Thursday, June 16, 2011.

BACKGROUND: (CONT'D)

The Library will charge $10 admission for each seat. Cost of admission will be used to offset expenses related to the event, including: $3 per ticket facility cost, $1,232 theater rental, $850 projector, $350 publicity, $250 ticket, $100 table, and $85 microphone. Tickets will be sold through the Lesher Center for the Arts and the event will be widely publicized throughout the County. The City of Walnut Creek Lesher Center for the Arts Agreement contains the following modified indemnification language: “COPYRIGHTS: USER shall assume all cost and liability arising from the use of patented, trademarked, franchised or copyrighted material used in or incorporated in its performance, as well as all cost and liability for material which violates the right of privacy or right of publicity or any other statutory or common law right or any person. USER also shall assume any liability for defamation based on the material used in or incorporated in the performance. USER agrees to indemnify, defend and hold harmless the CITY, its officers, agents, employees and contractors from any liabilities, expenses, damages, claims or costs, including legal fees, which might arise from such matters.”

Furthermore:
"USER agrees to indemnify, hold harmless and defend the CITY, its officers, officials, agents, employees, contractors and volunteers, against any and all claims for damages, including claims for liability or judgment for any injury to or death of any person or damage to property whatsoever, caused by, created by, or in any way connected with the performance of the Event by USER, other than claims arising from the sole negligence or willful misconduct of CITY."

CONSEQUENCE OF NEGATIVE ACTION:

If the contract is not approved then the Library will not have a sufficiently large enough venue to hold the author event. The event will have to be canceled.

CHILDREN'S IMPACT STATEMENT:

The annual Summer Reading Festival encourages reading as family activity. Research shows that family involvement in reading encourages children to read and prepares them for success in school. This meets the community outcome of families that are safe, stable and nurturing and the outcome of communities that are safe and provide a high quality of life for children and families.