HomeMy WebLinkAboutID# 14-518 Approve MOU County of Riverside for Reimbursement of Library Materials from Library DIF FundCITY OF
LAKE LSII` ORE
DEtEAM EXTREME-
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: APRIL 14, 2015
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:
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 annually 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 three year period beginning FY
2015/16 through FY2017/18.
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 2015/16 Capital Improvement budget and each year for three (3) years thereafter,
depending upon the availability of funds.
MEMORANDUM OF UNDERSTANDING WITH COUNTY OF RIVERSIDE FOR
REIMBURSMENT OF LIBRARY MATERIALS
APRIL 14, 2015
PAGE 2
Prepared By: Jason 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 July 1, 2015 and remain and
continue in effect until June 30, 2018 or until terminated by either party with or without cause
upon 30 days prior written notice to the other.
2. REIMUBURSEMEN'f /USE OF LIBRARY BOOK DIF.
a. Subject to the limits in subsection b, below, 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 DIF — Library
Fund. Library materials purchased with City DIF — 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 DIF — Library Funds shall remain the property of the City. This
provision shall survive termination of this MOU.
b. The amount of reimbursement shall be the lesser of $20,000 or the actual
cost incurred by County for purchasing new library materials in accordance with this MOU per
library per fiscal year (July 1 through June 30) for a maximum total reimbursement amount not
to exceed $120,000. City is not obligated for any additional amounts.
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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 DIF - Library Fund.
3. CATEGORIES OF PURCHASES. The City's DIF -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 Comity 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 shall 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 PURCfIASED: 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. NOTICES. All correspondence and notices required or contemplated by this
MOU, shall be delivered to the respective parties at the addresses set forth below and are deemed
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submitted three days after being postmarked for deposit in the United States mail, postage
prepaid:
COUTY OF RIVERSIDE CITY OF LAKE ELSINORE
Economic Development Agency Attn: City Manager
Attn: Riverside County Library System 130 S. Main Street
3403 10" Street, Suite 400 Lake Elsinore, CA 92530
Riverside, CA 92501
6. INDEMNIFICATION.
a. City shall indemnify, defend and hold harmless County, its officers, agents
and employees, from 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 City's actions
or failure to act hereunder, including but not limited to the types and nature of library materials
selected.
b. County shall indemnify, defend and hold harmless City, its officers, agents
and employees, from 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.
7. 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 2015.
COUNTY OF RIVERSIDE:
BY:
Marion Ashley, Chairman
Board of Supervisors
ATTEST:
Kecia Harper -Ihem
Clerk of the Board
By:
Deputy
APPROVED AS TO FORM:
Gregory P. Priamos
County Counsel
By:
Deputy County Counsel
CITY OF LAKE ELSINORE:
By:
Grant Yates, City Manager
ATTEST:
Virginia J. Bloom
City Clerk
0
City Clerk
APPROVED AS TO FORM:
Leibold McClendon & Mann, PC
0
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Barbara Leibold, City Attorney