Agenda

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C.43

To:	Board of Supervisors
From:	Barbara Flynn, County Librarian
Date:	February 7, 2012

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: 02/07/2012

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

ABSENT:

Gayle B. Uilkema, District II 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 7, 2012
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the County Librarian, or designee, to execute a contract with the City of Walnut Creek Lesher Center for the Arts, including modified indemnification language, in an amount not to exceed $5,000 for rental of the Lesher Center for the Arts to host the 2012 Summer Reading Festival on June 21, 2012.

FISCAL IMPACT:

The cost of the event may not exceed $5,000 and will be offset by admission costs estimated at $9,180. Any excess admission costs will be used to offset speaker’s costs, which are included in the Library’s 2011-12 budget.

BACKGROUND:

On June 21, 2012, 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 2012 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 21, 2012.

BACKGROUND: (CONT'D)

The Library will charge $12 admission for each seat. Cost of Admission will be used to offset expenses related to the event. 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.”

"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:

None.