2018-20 Riverside County MOU Amend 1 - Makerspace Additional OperationsFIRST AMENDMENT
1 TO THE MEMORANDUM OF UNDERSTANDING (MOU)
2 TERMS AND CONDITIONS TO PROVIDE MANAGEMENT
OF THE LA QUINTA BRANCH LIBRARY
3 AND THE LA QUINTA MUSEUM
4 This First Amendment to the Memorandum of Understanding ("First Amendment') is made
5 and entered into this(PAday of 2018 ("Effective Date") by and between the
6
COUNTY OF RIVERSIDE ("COUNTY"), a political subdivision of the State of California, and the
7
8
9
10
CITY OF LA QUINTA ("CITY'), a California municipal corporation.
WHEREAS, the COUNTY and CITY entered into that certain Memorandum of
Understanding ("MOU") dated August 18, 2015 setting forth the terms and conditions for the
11 COUNTY to provide management of the La Quinta Library and the La Quinta Museum; and
12 WHEREAS, the COUNTY has entered into an agreement with Library Systems &
13 Services, LLC ("LSSI") for contracted services for the Riverside County Library System ("RCLS")
14 for the provision of library services; and
15 WHEREAS, the CITY and COUNTY desire to continue the delivery of library and museum
16 services within the CITY; and
17 WHEREAS, the CITY and COUNTY desire to enhance library services by adding
18 Makerspace Management and establishing a Makerspace learning environment by converting the
19 1,300-square foot community room on the Northwest side of the building into the La Quinta
20 Makerspace ("Makerspace"); and
21 WHEREAS, both parties have reached an agreement that they wish to set forth in writing
22 in the form of this First Amendment.
23 NOW THEREFORE, for good and valuable consideration the receipt and adequacy of
24 which is hereby acknowledged, the parties agree as follows:
25
26
27
28
1. Section 1 of the MOU is hereby deleted and replaced in its entirety with the following:
SECTION 1: TERM
The MOU shall take effect on July 1, 2015 and shall remain in effect through and including
June 30, 2020 ("Term"). The CITY or COUNTY may request an extension of this MOU with
Page 1 of 7
MAY 0 8 2018 3r"4
1 modified terms. The terms and conditions related to the addition of the Makerspace Management
2 shall take effect on the Effective Date listed above and shall remain in effect through and including
3 June 30, 2020. If either the CITY or COUNTY desires to extend the Term of this MOU on modified
4 terms, the CITY and COUNTY shall negotiate in good faith to extend this MOU. Unless otherwise
5 agreed to by the CITY and COUNTY, any extension to this MOU would use the then existing
6 terms and conditions of the MOU as the floor of acceptable standards for the future library and
7 museum service. The CITY fully reserves its rights to withdraw from the RCLS and/or
8 management contract of museum pursuant to existing laws and regulations, effective with the
9 expiration of the term or subsequent extensions.
10 2. The Makerspace layout attached hereto as Exhibit B is hereby added to the MOU, and
11 Section 2 of the MOU is hereby amended by adding the following Section 2.2:
12 SECTION 2.2 HOURS OF OPERATION — LA QUINTA MAKERSPACE
13 During the Term of this MOU, the Makerspace, located in the Northwest
14
Community Room within the La Quinta Library, as depicted in the Makerspace layout attached
15
16
17
18
T
hereto as Exhibit B and incorporated by reference herein, shall be open five (5) days per week
during Library operating hours. Using contract staff provided by LSSI, the COUNTY will provide
45 hours per week of operating, management, and staffing services to the CITY for the purpose
of operating the Makerspace.
20 3. Section 4 of the MOU is hereby amended by adding the following:
21 For purposes of this MOU, "Makerspace Management" means staffing, use of utilities, use
22 of equipment, customer service, and year-round Makerspace programs appropriate for all ages
23 For Makerspace Management, CITY's obligation shall not to exceed $165,190 to be used or
24 attributed to COUNTY overhead costs, or (b) the income and revenues available to the CITY for
25 Makerspace Management services at the La Quinta Library in the fiscal year. In no event shall
26 CITY incur any liability under this MOU exceeding income and revenues provided for any fiscal
27 year during the Term of this MOU. COUNTY shall allocate applicable COUNTY operating
28 expenses for the La Quinta Library. CITY shall be responsible for the purchase, maintenance,
Page 2 of 7
repair and replacement of the Makerspace materials including but not limited to equipment,
I
2
materials, furniture and utilities.
3
4. Section 4 of the MOU is hereby amended by adding the following sections 4.1 — 4.3:
4
4.1 MAKERSPACE SCOPE OF WORK
5
4.1.a.
Using contract staff provided by LSSI, the COUNTY shall provide
6
45 hours per week of operating, management, and staffing services to the CITY
7
for the purpose of operating the Makerspace located within the library. Said staff
8
shall have expertise in the following areas:
9
1)
Laser cutting and etching
10
2)
Computer Aided Design (CAD) software
11
3)
3D Printing
12
4)
Electronics and robotics
13
5)
Sewing
14
6)
Power tools and hand tools
15
7)
Personnel management
16
8)
Customer services
17
4.1.b.
During the period of management, the Makerspace Manager shall
18
perform the following tasks:
19
1)
Onsite management of the daily operations of the Makerspace 40
20
21
hours per week
22
2)
Supervise and evaluate employees
23
3)
Directing and management of operations
24
4)
Operating a computer and relevant software applications
25
5)
Operating modern office equipment
26
6)
Manage the work of Makerspace staff and volunteers
27
7)
Other tasks associated with the operation of the Makerspace as
28
required by the CITY
Page 3 of 7
I 4.1.c. The Makerspace Manager provided by LSSI shall report to the
2 CITY's Director of Community Resources. The Makerspace Manager shall meet
3 and coordinate with the CITY's Director of Community Resources on an as needed
4 basis. While the day-to-day operations of the Makerspace shall be carried out by
5 the Makerspace Manager, the overall management of the Makerspace shall be
6 under the direction of the CITY's City Manager or their appointee.
7 4.2 MAKERSPACE EXPENSES
8 4.2.a. The parties acknowledge and agree that monies from the City
9 Library Fund shall be used for all Makerspace operating expenses, including the
10 payment of the fee outlined in Section 4.3 below.
11 4.2.b. The Makerspace Manager shall work with the CITY's City Manager
12 or their appointee to prepare an annual operating budget and maintain expenses
13 within the budget.
14
4.2.c. Any sales from Makerspace activities and admissions will be
15
deposited into the City Library Fund account maintained and administered by CITY
16
and shall be the sole property of the CITY. All expenses for inventory of the
17
Makerspace shall be included within the approved operating budget. All pricing
18
19 for Makerspace items will be approved by the CITY's City Manager or their
20 appointee.
21 4.3 MAKERSPACE FEE SCHEDULE
22 Notwithstanding any provisions in the MOU to the contrary, CITY's obligation to provide
23 Makerspace Management revenues from any funding source whatsoever shall be subject to
24 CITY's annual budget and appropriation process for each fiscal year and, for each fiscal year
25 during the Term, shall not exceed the lesser of either (a) $165,190, or (b) the income and
26 revenues available to the CITY for Makerspace Management services at the Makerspace in the
27 fiscal year ("Makerspace revenue(s)"). In explanation of the foregoing, the total cost of
28 Makerspace Management will be approximately $165,190 for FY 18-19 and $165,190 for each
Page 4 of 7
I remaining fiscal years, but, in no event shall CITY incur any liability under this MOU exceeding
2 the Makerspace revenues available in any fiscal year during the Term of this MOU.
3 CITY Makerspace revenues shall be used by COUNTY for employment of the Makerspace
4 Manager, additional technical staff, and by CITY for costs of administration of the Makerspace
5 incurred by CITY, including for timed allocated to such administration by City Manager or their
6 appointee. COUNTY shall deliver invoices or bills to CITY for Makerspace Management services
7 authorized under this MOU; provided, however, that CITY's obligation to pay COUNTY for any
8 bill or invoice is subject to the maximum amount of CITY Makerspace Management revenues
9 authorized for a fiscal year pursuant to this MOU. This cost assumes all contract staff and
10 operational expenses for the Makerspace.
11 CITY shall be responsible for landscape maintenance, replacement or maintenance of
12 lighting, utilities, and repair or replacement relating to the Makerspace.
13 5. Section 8 of the MOU is hereby deleted in its entirety and replaced with the following:
14
SECTION 8: REPORTS/MEETINGS
15
16
17
W.
COUNTY shall provide CITY staff quarterly reports appropriate for City Council review.
The reports shall be comprehensive and include a status on important La Quinta Library,
Makerspace, and Museum matters such as MOU payment schedule, all related expenditures,
collections, programs, service levels, and other matters of interest. Quarterly reports shall be due
19
20 on or about the following dates: September 15, December 15, March 15, and June 15 of each
21 fiscal year of this MOU. In addition, the COUNTY Librarian or his/her designee shall attend
22 quarterly meetings at a mutually agreed upon time with City Hall to review submitted reports
23 before City staff forwards such reports to City Council.
24 6. Section 9 of the MOU is hereby deleted and replaced with the following:
25 SECTION 9: CITY WITHDRAWAL FROM COUNTY LIBRARY SYSTEM; STATUS OF
26 LIBRARY COLLECTION, FURNISHINGS, FURNITURE, ETC.
27 9.1 All items purchased with CITY revenues (including City Library revenues, City
28 Museum Management revenues, and the Makerspace revenues) shall be the sole property of the
Page 5 of 7
I CITY. In addition, if the CITY decides at a future date to withdraw from the RCLS, CITY shall be
2 granted the ownership of the then existing collection, equipment, furniture, or furnishings or for
3 any collection materials, equipment, furniture or furnishing purchased prior to or during the term
4 of this MOU for use at the La Quinta Branch Library, Makerspace, and Museum.
5 CITY and COUNTY have agreed that in recognition of the CITY's contributions to the
6 RCLS, over the past years, CITY will be given full credit for the value of the library collection and
7 equipment and will be granted ownership of the then existing collection and equipment without
8 additional payment.
9 9.2 To ensure seamless access to the CITY's library collection by RCLS patrons, if the
10 CITY withdraws from the RCLS at the expiration of this MOU, CITY will strongly consider options
11 to link its automated collection management system with COUNTY's system either (i) by
12 contractingwith COUNTY for operation of the CITY's system, or ii b the CITY paying all costs
P Y (��) Y P Y 9
13 to establish a fully interactive link between the CITY's automated system and COUNTY's system.
14
9.3 If the CITY withdraws from the RCLS at the expiration of this MOU, the CITY will
15
16
17
18
endeavor to become a member of the Inland Library System preserving their citizens' access to
holdings in other public libraries in the Inland area (and vice versa).
7. The provisions of this First Amendment shall prevail over any inconsistency or conflicting
provisions of the MOU and shall supplement the remaining provisions thereof. Unless defined
19
20 herein or the context requires otherwise, all capitalized terms herein shall have the meaning
defined in the MOU.
21
22 8. Except as amended or modified herein, all terms of the MOU shall remain in full force and
23 effect and shall apply with the same force and effect. If any provisions of this First Amendment or
24 MOU shall be determined to be illegal or unenforceable, such determination shall not affect any
25 other provision of the MOU and all such other provisions shall remain in full force and effect. The
26 language in all parts of the MOU shall be construed according to its normal and usual meaning
27 and not strictly for or against either COUNTY or CITY.
28
Page 6 of 7
I IN WITNESS WHEREOF, COUNTY and CITY have caused this First Amendment to be
2 duly executed this day Of _ 2018.
3
J
COUNTY OF RIVERSIDE, a political CITY OF LA QUINTA, a California municipal
4 subdivision of the State of California corporation
5
6 By: By:Chris Escobedo, Acting City Manager for
7 Chuck Washington, Chai an Frank J. Spevacek, City Manager
Board of Supervisors
8
9 ATTEST: ATTEST:
Kecia Harper -Them Susan Maysels
10 Clerk of the Board City Clerk
11 f�,� *
By: ' �1 V -, By:
12 Depu Clerk
13
APPROVED AS TO FORM: APPROVED AS TO FORM:
14 William H. Ihrke, City Attorney
Gregory P. Priamos, County ounsel
15
16 By Thomas Oh By `� -
William H. Ihrke
17 Deputy County Counsel
18
19
20
21
22
23
24
25
26 RF:HM:SH:KC 6503
27 \\edafp01\shared\library\contracts\city of la quinta\mou_2015-2020\02_1st amendment_makerspace\first amendment —la quinta
28 makerspace_2018-2020.docx
Page 7 of 7
EXHIBIT A
None.
I
1
C
COUNTY OF RIVERSIDE
EDA
ECONOMIC DEVELOPMENT AGENCY
May 21, 2018
Subject: First Amendment — Makerspace Operations
Lisa Chaudhry
Administrative Technician
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Dear Ms. Chaudhry:
Enclosed, please find one executed original of the 1st Amendment to the Memorandum of
Understanding Terms and Conditions to Provide Management of the La Quinta Branch Library
and the La Quinta Museum for your files.
Please feel free to contact me should you have any questions.
Sincerely,
Khylia Chapin
Library System Project Manager
Riverside County Library System
Phone: 951-955-3295
Email: kchaDinl-rivco.orq
P.O. Box 1180 • Riverside, Calif s^�^ =i . r• 991.955.8916 • F: 951.955.6686 J ,�'r':'Y�.;f t; Jcs,org
Administration
Aviation
Business Intelligence
Community Services
Custodial
County Library System
Economic Development
Edward -Dean Museum
Environmental Planning
Fair & National Date Festival
Film & Television
Foreign Trade
Graffiti Abatement
Housing
Housing Authority
Maintenance
Marketing
Military & Defense Services
Parking
Project Management
Real Property
Workforce Development
Follow EDA on Twitterl @GoRivcoEDA