HomeMy WebLinkAboutItem No. 08 - MOU County of Riverside Reimbusement of Library MaterialsCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 21-359
Agenda Date: 10/12/2021 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 8)
Memorandum of Understanding with County of Riverside for Reimbursement of Library
Materials Purchased
Approve and authorize the City Manager to execute a Memorandum of Understanding with the County
of Riverside in the amount of $40,000 for reimbursement of library materials purchased, with amounts
not to exceed $20,000 each for the Lake Elsinore Library and Lakeside Library for Fiscal Year 2021-22,
2022-23, and 2023-24.
Page 1 City of Lake Elsinore Printed on 10/7/2021
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Director of Administrative Services
Date: October 12, 2021
Subject: Memorandum of Understanding with County of Riverside for
Reimbursement of Library Materials Purchased
Recommendation
Approve and authorize the City Manager to execute a Memorandum of Understanding with the
County of Riverside for $40,000 annually for reimbursement of library materials purchased, with
amounts not to exceed $20,000 each for the Lake Elsinore Library and Lakeside Library for the
Fiscal Years 2021-22, 2022-23, and 2023-24.
Discussion
The proposed Memorandum of Understanding (MOU) provides for the City to reimburse the
Lake Elsinore Library and Lakeside Library for books and materials from funds appropriated in
the Community Support Annual Operating Budget. The MOU sets forth the criteria for purchases
and methods of seeking reimbursement.
Fiscal Impact
Funding of $40,000 will come from the available Community Support division as incorporated in
the FY21-22 Annual Operating budget. Future reimbursement for library materials pursuant to
the MOU will be subject to appropriation in the FY 21-23 and FY 23-24 Annual Operating Budgets.
Exhibit
A - Agreement
Page 1 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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, a political subdivision of the State of California (“County”), and
the CITY OF LAKE ELSINORE, a municipal corporation (“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, 2021 and remain and
continue in effect until June 30, 2024 or until terminated by either party upon 30 days prior
written notice to the other.
2. REIMBURSEMENT/USE OF LIBRARY MATERIALS CITY GENERAL
FUND
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 General Fund. Library materials
purchased with City General 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 General Fund shall remain the property of the City. This pr ovision
shall survive termination of this MOU.
b. The amount of reimbursement shall not exceed $20,000 per library
per fiscal year (July 1 through June 30) for a total of $120,000. 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
Page 2 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 General Fund.
3. CATEGORIES OF PURCHASES. The City General Fund shall be
used to purchase library materials. Library materials mean books, perio dicals,
magazines, electronic media delivery devices, eBooks, iPads, 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 the Director of the Office of Economic Development, 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 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. 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 submitted three days after being postmarked for deposit in the United
States mail, postage prepaid:
Page 3 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RIVERSIDE COUNTY CITY OF LAKE ELSINORE
Office of Economic Development Attn: City Manager
Attn: Riverside County Library System 130 S. Main Street
3403 10th 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 alle ged 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 inte rpret this MOU, the prevailing
party will be entitled to reasonable attorney’s fees and costs as determined by the court.
Page 4 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IN WITNESS WHEREOF, County and City have caused this MOU to be duly executed
this day of , 2021.
COUNTY OF RIVERSIDE: CITY OF LAKE ELSINORE:
By: _____________________________ By:____________________________
Karen Spiegel, Chair Jason Simpson, City Manager
Board of Supervisors
ATTEST: ATTEST:
Kecia Harper Candice Alvarez
Clerk of the Board City Clerk
By: _____________________________ By:
Deputy Clerk
APPROVED AS TO FORM:
Gregory P. Priamos
County Counsel
By: _______________________________
Ryan Yabko
Deputy County Counsel
MT: TBD
G:\Library\CONTRACTS\City of Lake Elsinore - Libary Material Funding\MOU_2021-2024\MOU with City of Lake Elsinore For
Library Material Funding 2021-2024.docx