HomeMy WebLinkAbout14-164 Memo of Understanding Riverside Cty, Library Materials from DIF FundCITY OF
LAKE 'LSIIYOR -E
DREAM EXTREME,
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: JUNE 10, 2014
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH COUNTY OF RIVERSIDE
FOR REIMBURSMENT OF LIBRARY MATERIALS FROM THE
LIBRARY DIF FUND
Recommendation
Staff recommends that the City Council:
1. Authorize the City Manager to execute the Memorandum of Understanding
between the County of Riverside and the City of Lake Elsinore in the amount of
$40,000 for reimbursement of library materials purchased with City Library DIF
Fund monies. With amounts not to exceed $20,000 for each library, Lake Elsinore
Library and Lakeside Library for the FY 2014/15.
Discussion
In prior years, City Council approved using the Library DIF Fund monies to reimburse
the Lake Elsinore Library and Lakeside Library for books and materials. The funding is
already included in the FY 2014/15 Capital Improvement Plan appropriations. The
agreement sets forth the criteria for purchases and method of seeking reimbursement.
Fiscal Impact
Funding of $40,000 will come from the available Library DIF Fund as incorporated in the
FY 2014/15 Capital Improvement budget.
MOMORANDUM OF UNDERSTANDING WITH COUNTY OF RIVERSIDE FOR
REIMBURSMENT OF LIBRARY MATERIALS
JUNE 10, 2014
PAGE 2
Prepared By: Nancy L. Lassey
Finance Administrator
Approved By: Jason P. Simpson
Director of Administrative Services
Approved By: Grant M. Yates
City Manager
Attachments: Memorandum of Understanding between the County of Riverside
and the City of Lake Elsinore
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MEMORANDUM OF UNERSTANDING (MOU)
BETWEEN
THE COUNTY OF RIVERSIDE
AND
THE CITY OF LAKE ELSINORE
This Memorandum of Understanding ( "MOU ") is entered into by and between the
COUNTY OF RIVERSIDE ( "County ") and the CITY OF LAKE ELSINORE ( "City "). The
County and City may be individually or collectively referred to as a "party" or the "parties ".
Now, therefore, in consideration of the mutual covenants and conditions set forth herein,
the parties agree as follows:
1. TERM. This MOU shall commence on the date this MOU is fully executed
by both parties and remain and continue in effect until June 30, 2015 or until terminated by either
party upon 30 days prior written notice to the other.
2. REIMUBURSEMENT /USE OF LIBRARY BOOK DIF.
a. The City agrees to reimburse the County for its actual cost of purchasing
new library materials for the Lake Elsinore and Lakeside Library operated by the County and
located within the City from its D1F — Library Fund. Library materials purchased with City DIE
— Library Fund monies shall be and remain the property of City used by the County in the same
manner as all other library materials. In the event that the City of Lake Elsinore withdraws from
the County Library System, these library materials purchased with City DIE — Library Funds shall
remain the property of the City. This provision shall survive termination of this MOU.
b. The amount of reimbursement shall be $20,000 per library for a total of
$40,000. City is not obligated for any additional amounts.
C. County shall invoice City quarterly for new library materials purchased
under this MOU. Such invoices shall include sufficient documentation for the City to identify the
type and quantity of library materials purchased and to confirm location in the Lake Elsinore or
Lakeside Library. City shall pay approved invoices in 30 days from date of invoice from City's
DII= - Library Fund,
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3. CATEGORIES OF PURCHASES. The City's D1F - Library Fund shall be used
to purchase library materials. Library materials mean books, periodicals, magazines, electronic
media delivery devices, eBooks, Wads, audio /visual materials, and other similar items for use by
library patrons selected by the Library Branch Manager. Library materials do not include furniture,
fixtures, or items that are for the exclusive use of library staff. At the time of County's billing to
City, a list of the library materials purchased shall be provided. The County's billing will also
include a signed statement that library materials were ordered following the Riverside County
Library System Materials Selection Policy. The Policy has been reviewed and approved by the
County's Board of Supervisors. In the event City staff believes such items do not meet the
definition of "library materials," the City shall meet and confer with the library branch manager
and County Librarian or Assistant County Executive Officer /EDA, or a designee, and use its best
efforts to resolve this dispute. Such review steal l not be used for censorship of materials purchased.
Nonetheless, the City retains the absolute and sole discretion to determine whether an item is a
"library material" eligible for reimbursement pursuant to this MOU.
a. LOCATION OF MATERIALS PURCHASED: All library materials
initially shall be provided to the Lake Elsinore or Lakeside Library, subject only to reciprocal
borrowing rights through the inter - library loan system.
4. RECORDS. County shall maintain records of all library materials purchased
hereunder for at least 5 years.
5. IDEMNIFICATION. County shall indemnify, defend and hold harmless City, its
officers, agents and employees, fi-om and against any claims, demands, liabilities, challenges, or
costs (including but not limited to attorneys and expert fees) arising or alleged to arise as a result
of County's actions or failure to act hereunder, including but not limited to the types and nature of
library materials selected.
6. MISCELLANEOUS. This MOU may be amended only in writing signed by both
parties. No waiver of any term or condition of this MOU shall be a continuing waiver thereof. In
the event of any proceeding to enforce or interpret this MOU, the prevailing party will be entitled
to reasonable attorney's fees and costs as determined by the court.
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IN WITNESS WHEREOF, County and City have caused this MOU to be duly executed
this day of 2014.
I COUNTY OF RIVERSIDE:
I BY:
Jeff Stone, Chairman
Board of Supervisors
ATTEST:
ICecia 1 carper -lhem
Clerk of the Board
By:
Deputy
APPROVED AS TO FORM:
Pamela J. Walls
County Counsel
I BY:
Deputy County Counsel
CITY OF LAKE ELSINORE:
By:
Grant Yates, City Manager
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