2015-20 Riverside County - MOU Library & Museum Managementr
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Edie Hylton, Deputy City Manager
DATE: July 9, 2015
7 I1:3c7_1cfff-SuIoil: IUIu[�1�J
Attached for your signature is a Memorandum of Understanding between the County
of Riverside and the City to management of the La Quinta Branch Library and the La
Quinta Museum.
Please sign and return to the City Clerk for processing and distribution.
SUBMITTAL TO THE BOARD OF SUPERVISORS
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FROM: Economic Development Agency SUBMITTAL DATE:
August 6, 2015
SUBJECT: Memorandum of Understanding with the City of La Quinta for Management of the Library
and Museum, District 4, [$0]
RECOMMENDED MOTION: That the Board of Supervisors:
1. Approve and authorize the Chairman to sign the attached Memorandum of Understanding with
the City of La Quinta for management of the La Quinta Branch Library and the La Quinta
Museum,
BACKGROUND:
Summary
This Memorandum of Understanding (MOU) has been developed by the Economic Development Agency
(EDA) and City staff to delineate the level of library and museum services the City of La Quinta (City) will
receive from EDA. Effective July 1, 2015, the MOU will replace the previous three MOUs for library and
museum management services with the City.
(Continued)
FINANCIAL DATA I Current Fiscal Year: I Next Fiscal Year: Total Cost:
COST $ 0 $ 0 $
NET COUNTY COST $ 0 $ 0 $
SOURCE OF FUNDS: City of La Quinta Library Fund
C.E.O. RECOMMENDATION:
County Executive Office
R ert Fie
ssist o ive Officer/EDA
By. eff Van Wage en Managing Director
Ongoing Cost:
Consent ❑ Policy
Budget Adjustment: No
For Fiscal Year: 2015/16
APPROVE �—
BY. I elda Delos Santos
MINUTES OF THE BOARD OF SUPERVISORS
Q a
N
On motion of Supervisor Tavaglione, seconded by Supervisor Jeffries and duly
y
carried,
IT WAS ORDERED that the above matter is approved as recommended.
p
a
L
c�
❑
❑
Ayes:
Jeffries, Tavaglione, Washington and Benoit
Nays:
None Kec a Harper -Them
o
Absent:
Ashley CleNtrAj rd
CO o
Date:
August 18, 2015 By.
a
4
xc:
EDA Depu ,
❑ ❑ I Prev. Agn
3-16 of 06/22/10 District: 4 1
Agenda Number: ® 26
SUBMITTAL TO THE ,BOARD OF SUPERVISORS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
Economic Development Agency
FORM 11: Memorandum of Understanding with the City of La Quinta for Management of the Library and
Museum, District 4, [$0]
DATE: August 6, 2015
PAGE: 2 of 2
BACKGROUND:
Summary (Continued)
Under the terms of this agreement, the City will continue to partner with the Riverside County Library System
and contract with County for museum management services until June 30, 2020. Any and all expenses
incurred as a result of the MOU will be part of the Riverside County Library budget.
Impact on Citizens and Businesses
This MOU provides library and museum services to the residents of the City of La Quinta and the surrounding
community.
RF:JV:SH:AJ 12778
S:\Library\Contracts\La Quinta\MOU with City of La Quinta for Mgmt of Library and Museum F11 2015 - 2020.docx
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MEMORANDUM OF UNDERSTANDING (MOU)
TERMS AND CONDITIONS TO PROVIDE MANAGEMENT
OF THE LA QUINTA BRANCH LIBRARY
AND THE LA QUINTA MUSEUM
This Memorandum of Understanding ("MOU") is made and entered into by and between
the COUNTY OF RIVERSIDE ("COUNTY") and the CITY OF LA QUINTA ("City").
WHEREAS, the COUNTY has entered into an agreement with Library Systems &
Services, LLC ("LSSI") for contracted services for the Riverside County Library System
("RCLS") for the provision of library services; and
WHEREAS, the City and COUNTY desire to enhance the delivery of library and
museum services within the City, and have reached an agreement that they wish to set forth in
writing in the form of this MOU.
The City and COUNTY therefore agree as follows:
SECTION 1: TERM
This MOU shall take effect on July 1, 2015 and shall remain in effect through and
including June 30, 2020 (the "Term"). The City or COUNTY may request an extension of this
MOU with modified terns. If either the City or COUNTY desires to extend the Term of this
MOU on modified terms, the City and County shall negotiate in good faith to extend this MOU.
Unless otherwise agreed to by the City and COUNTY, any extension to this MOU would use the
then existing service levels, building size, etc. as the floor of acceptable standards for the future
library and museum service. The City fully reserves its rights to withdraw from the County
Library System and/or management contract of museum pursuant to existing laws and
regulations, effective with the expiration of this MOU or subsequent extensions.
SECTION 2: HOURS OF OPERATION — LA QUINTA BRANCH LIBRARY
During the Term of this MOU, the La Quinta Branch Library, located at 78-275 Calle
Tampico ("La Quinta Library" or "La Quinta Branch Library"), shall be open: a minimum of 7
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days per week including 4 evenings and Sunday; and be open a minimum of 52 hours per week.
In addition, at the request of the City, the COUNTY shall provide a bookmobile stop one day a
week in Northern La Quinta. The day, time and site will be approved and agreed by both the City
and the COUNTY. The amount of reimbursement for the bookmobile stop shall be $12,000 per
year to be included in the contract amount.
2.1 HOURS OF OPERATION — LA QUINTA MUSEUM
Using contract staff provided by LSSI, the COUNTY will provide 40 hours per week of
management services to the City for the purpose of operating the La Quinta Museum.
SECTION 3: LIBRARY COLLECTION
The City has elected to purchase additional collections and materials for use at La Quinta
Library. Upon prior written approval and authorization by the City, City agrees to reimburse the
COUNTY for COUNTY's actual costs of purchasing additional new library materials for La
Quinta Library from the City's Library Fund, in a total amount not to exceed $100,000 per year.
Library materials purchased with City Library monies shall be and remain the property of City.
In the event that the City withdraws from the RCLS, these library materials purchased with City
Library Funds shall remain the property of the City. The City shall participate in the acquisition
determinations of collection materials through LSSI. Collection materials purchased for the La
Quinta Branch Library shall be the property of the City and be housed at the La Quinta Branch
Library. Such collection materials shall not be permanently transferred or moved from the La
Quinta Library without the expressed written consent of the City.
SECTION 4: LIBRARY FUNDING AND SERVICE
COUNTY, through LSSI, shall work cooperatively with the City to identify
funding/grant opportunities for various programs and services connected with the library facility.
COUNTY shall have a minimum of one Librarian holding a Masters in Library Sciences
serving full-time at the La Quinta Branch Library. COUNTY and City will work together on
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appropriate: A) staffing levels, B) hours of operation, and C) levels of service; all commensurate
with the needs of the 20,000 square -foot Library. Final determination on A, B, and C shall be at
the sole discretion of the City based upon input of COUNTY and LSSI.
During each fiscal year, COUNTY shall expend one hundred percent (100%) of City
Library revenues on library services at the La Quinta Library until the end of that fiscal year,
when any remaining City Library revenues shall be allocated to the City Library Fund (defined
below) pursuant to this MOU.
Notwithstanding any provisions in the MOU to the contrary, City's obligation to provide
Library revenues from any funding source whatsoever shall be subject to City's annual budget
and appropriation process for each fiscal year, and, for each fiscal year during the Term, shall not
exceed the following amounts for the following services (the "City Library revenues"):
(1) For Library Management, City's obligation shall not to exceed the lesser of either
(a) $900,000, of which no more than $200,000 is to be used or attributed to COUNTY overhead
costs, or (b) the income and revenues available to the City for Library Management services at
the La Quinta Library in the fiscal year; and
(2) For Library Materials, City's obligation not to exceed the lesser of either (a)
$100,000, or (b) the income and revenues available to the City for Library Materials at the La
Quinta Library in the fiscal year.
For purposes of this MOU, "Library Management" means staffing, use of utilities,
customer service and check out, reference and research services, collection and circulation
services, and year round library programs appropriate for all ages, "Library Materials" means
books, e-books, audio books, DVDs and all other types of publications (magazines, newspapers)
in whatever media that may be used in the La Quinta Library as determined by City and
consistent with the provisions in Section 3 of this MOU. In explanation of the foregoing Library
revenues, estimated expenditures including staffing, utilities, collections and materials for Fiscal
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Year 2015/2106 are $900,000, and estimated COUNTY operating expenditures for Fiscal Year
2015/2016 are $200,000, and, in no event shall City incur any liability under this MOU
exceeding income and revenues provided for any fiscal year during the Term of this MOU.
COUNTY shall allocate applicable COUNTY operating expenses for the La Quinta Library.
At the end of each fiscal year during the Term of the MOU, once all City library revenues
are paid or deducted for COUNTY -incurred expenses pursuant to this MOU, one hundred
percent (100%) of the remaining balance of the Library revenues from that fiscal year shall be
transferred to the City Library Fund, maintained and administered by City (the "City Library
Fund"). COUNTY shall present said expenses to the City for review prior to transferring funds
to the City Library Fund. The first transfer to the City Library Fund shall be made by February
15 of each fiscal year. A second transfer will be made by August 15 of the fiscal year
immediately subsequent to the prior fiscal year. A final reconciliation and payment shall be
completed by September 30 of the fiscal year immediately subsequent to the prior fiscal year to
allow for any year-end fiscal closing procedures of either City or COUNTY related to the prior
fiscal year. Late transfers or payments by COUNTY to the City Library Fund shall result in the
City charging COUNTY interest, at the City pooled rate during the time of delinquency, based
on the amount of the payment and the number of days the payment is late. Once deposited, the
funds in the City Library Fund shall be the sole property, and shall be under the exclusive control
of the City. The City shall have the right, at its sole discretion, to withdraw and use the moneys
in the City Library Fund on any and all library -related expenditures including, but not limited to:
(1) reimbursement for any City -paid cost and expense for the La Quinta Branch Library,
including but not limited to perimeter landscape installation, maintenance or replacement,
lighting, custodial services, utilities, maintenance, replacement, and repair expenses relating to
the La Quinta Branch Library, including replacement funds; (2) artwork or other enhancement
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expenditure in or around the La Quinta Branch Library; and (3) any and all other library -related
I expenses as deemed appropriate by the City.
In the event that State Library revenues decrease significantly, City and COUNTY
reserve the right to revisit and/or renegotiate this MOU.
SECTION 5: MUSEUM SCOPE OF WORK
5.1 Using contract staff provided by LSSI, the COUNTY shall provide 40 hours per
week of management services to City for the purpose of operating the La Quinta Museum
located at 77-885 Avenida Montezuma ("La Quinta Museum"). COUNTY shall provide a
Museum Manager who shall have a BS in Museum Management or closely related field (such as
History, Humanities) (the "Museum Manager"), who shall have expertise in the following areas:
a) Local history
b) Cultural programming
c) Facilities management
d) Personnel management
e) Budgeting
f) Community Relations
g) Outreach and volunteers coordination
h) Customer Services
i) Working with numerous outside organizations
5.2 During the period of management the Museum Manager shall perform the
following tasks:
a) Onsite management of the daily operations of the Museum 40 hours
per week
b) Hire and manage the Museum staff
c) Direct special projects, including the installation of special exhibits
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d) Stewardship of the assets of the Museum and museum collections
e) Represent the Museum to the public, press, local government, local
history groups, and other organizations and individuals
f) Manage the work. of museum volunteers
g) Publicize and promote museum activities, programs and exhibits
h) Advise the City on matters pertaining to the operation of the Museum
i) Other tasks associated with the operation of the Museum as required
by the City
5.3 The Museum Manager provided by LSSI shall report to the City's Deputy City
Manager or an appointee of the City Manager. The Museum Manager shall meet and coordinate
with the City's Deputy City Manager or an appointee of the City Manager on an as needed basis.
While the day-to-day operations of the Museum shall be carried out by the Museum Manager,
the overall management of the Museum shall be under the direction of the Deputy City Manager
or an appointee of the City Manager.
SECHON 6: MUSEUM EXPENSES
6.1 The parties acknowledge and agree that monies from the City Library Fund shall
be used for all Museum operating expenses, including the payment of the fee outlined in Section
7, below.
6.2 The Museum Manager shall work with the City's Deputy City Manager or City
Manager appointee to prepare an annual operating budget and maintain expenses within the
budget.
6.3 Any sales from the Museum store and admissions will be deposited into the La
Quinta Museum revenue accounts maintained and administered by City (the "Museum revenue
accounts") and shall be the sole property of the City. All expenses for inventory of the store
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shall be included within the approved operating budget. All pricing for museum store items will
be approved by the City's Deputy City Manager or an appointee of the City Manager.
SECTION 7: MUSEUM FEE SCHEDULE
Notwithstanding any provisions in the MOU to the contrary, City's obligation to provide
museum management revenues from any funding source whatsoever shall be subject to City's
annual budget and appropriation process for each fiscal year and, for each fiscal year during the
Term, shall not exceed the lesser of either (a) $195,000, or (b) the income and revenues available
to the City for Museum management services at the La Quinta Museum in the fiscal year ("City
Museum Management revenues"). In explanation of the foregoing, the total cost of Museum
Management will be approximately $195,000 for FY 2015/2016 and $195,000 for the remaining
fiscal years, and, in no event shall City incur any liability under this MOU exceeding income and
revenues provided for any fiscal year during the Term of this MOU.
City Museum Management revenues shall be used by COUNTY for employment of the
Museum Manager and by City for costs of administration of the La Quinta Museum incurred by
City, including for timed allocated to such administration by the Deputy City Manager or an
appointee of the City Manager. COUNTY shall deliver invoices or bills to City for Museum
Management services authorized under this MOU; provided, however, that City's obligation to
pay COUNTY for any bill or invoice is subject to the maximum amount of City Museum
Management revenues authorized for a fiscal year pursuant to this MOU. This cost assumes all
contract staff and operational expenses for the Museum.
City shall be responsible for landscape maintenance, custodial services, replacement or
maintenance of lighting, utilities, and repair or replacement relating to the Museum.
SECTION 8: REPORTSIMEETINGS
COUNTY shall provide City staff quarterly reports appropriate for City Council review.
The reports shall be comprehensive and include a status on important Library and Museum
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matters such as MOU payment schedule, all related expenditures, collections, programs, service
levels, and other matters of interest. Quarterly reports shall be due on or about the following
dates: September 15, December 15, March 15, and June 15 of each fiscal year of this MOU. In
addition, the County Librarian or his/her designee shall attend quarterly meetings at a mutually
agreed upon time with City Hall to review submitted reports before City staff forwards such
reports to City Council.
SECTION 9: CITY WITHDRAWAL FROM COUNTY LIBRARY SYSTEM;
STATUS OF LIBRARY COLLECTION, FURNISHINGS, FURNITURE, ETC.
9.1 All items purchased with City revenues (including City Library revenues and City
Museum Management revenues) shall be the sole property of the City. In addition, if the City
decides at a future date to withdraw from the RCLS, City shall be granted the ownership of the
then existing collection, equipment, furniture, or furnishings or for any collection materials,
equipment, furniture or furnishing purchased prior to or during the term of this MOU for use at
the La Quinta Branch Library.
City and COUNTY have agreed that in recognition of the City of La Quinta's
contributions to the RCLS, over the past years, City will be given full credit for the value of the
library collection and equipment and will be granted ownership of the then existing collection
and equipment without additional payment.
9.2 To ensure seamless access to the City's Library collection by RCLS patrons, if the
City withdraws from the RCLS at the expiration of this MOU, City will strongly consider
options to link its automated collection management system with COUNTY'S either (i) by
contracting with COUNTY for operation of the City's system, or (ii) by the City paying all costs
to establish a fully interactive link between the City's automated system and COUNTY'S
system.
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9.3 If the City withdraws from the RCLS at the expiration of this MOU, the City will
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).
SECTION 10: DEFAULT OF COUNTY
10.1 COUNTY'S failure to comply with the provisions of this MOU shall constitute a
default. In the event that COUNTY is in default under the terms of the MOU, City shall have no
obligation or duty to continue compensating COUNTY for any work performed after the date of
default and can terminate this MOU immediately by written notice to COUNTY. If such failure
by COUNTY to make progress in the performance of work hereunder arises out of causes
beyond COUNTY'S control, and without fault or negligence of COUNTY, it shall not be
considered a default.
10.2 If the City Manager or designee determines that COUNTY is in default in the
performance of any of the terms of conditions of this MOU, City shall serve COUNTY with
written notice of the default. COUNTY shall have (10) business days after service upon it of
said notice in which to cure the default by rendering a satisfactory performance. In the event that
COUNTY fails to cure its default within such period of time, City shall have the right,
notwithstanding any other provision of this MOU, to terminate this MOU without further notice
and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this MOU.
SECTION 11: INDEMNIFICATION AND HOLD HARMLESS
11.1 Indemnification by City. City shall indemnify and hold COUNTY, LSSI, their
officers, agents, employees and independent contractors free and harmless from any claim or
liability whatsoever, based or asserted upon any act or omission of City, it officers, agents,
employees, volunteers subcontractors, or independent contractors, for property damage, bodily
injury or death, or any other element of damage of any kind or nature arising out of the
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performance of this MOU to the extent that such liability is imposed on COUNTY by the
provisions of California Government Code Section 895.2 or other applicable law, and City shall
defend at its expense, including attorney fees, COUNTY, LSSI, their officers, agents, and
employees and independent contractors in any legal action or claim of any kind based upon such
alleged acts or omissions.
11.2 Indemnification by COUNTY. COUNTY shall indemnify and hold City, its
officers, agents, employees and independent contractors free and harmless from any claim or
liability whatsoever, based or asserted upon any act or omission of COUNTY, LSSI, their
officers, agents, employees, volunteers, subcontractors, or independent contractors, for property
damage, bodily injury or death, or any other element of damage of any kind or nature arising out
of the performance of this MOU to the extent that such liability is imposed on City by the
provisions of California Government Code Section 895.2 or other applicable law, and COUNTY
shall defend at its expense, including attorney fees, City, its officers, agents, employees and
independent contractors in any legal action or claim of any kind based upon such alleged acts or
omissions.
SECTION 12: INSURANCE
Both COUNTY and City maintain programs of self-insurance. In the event either party
shall cease such program, then that party shall be required to procure insurance which would be
typical for its obligations under this MOU.
SECTION 13: NOTICES
Any notices which either party may desire to give to the other party under this MOU
must be in writing and may be given either by (i) personal service (ii) delivery by reputable
document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing the date and time of delivery, or (iii) mailing in the United States Mail, certified mail,
postage prepaid, return receipt requested, addressed to the address of the party as set forth below
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or at any other address as that party may later designate by Notice. Notice shall be effective
upon delivery to the addresses specified below or on the third business day following deposit
I with the document delivery service or United States Mail as provided above.
To City: City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Attn: Deputy City Manager
To County: County of Riverside
3403 10`h Street, Suite 400
Riverside, CA 92501
Attn: County Library Administrator
SECTION 14: COMPLETE AGREEMENT
Notwithstanding the foregoing, it is intended that this MOU sets forth the full and entire
understanding of the parties regarding the matters set forth herein.
Any agreement, alteration, understanding, variation, waiver, or modification of any of the
terms or provisions contained herein shall not be binding upon the parties hereto unless made
and executed in writing by all parties hereto, and if required, approved and implemented by the
La Quinta City Council and the County Board of Supervisors.
The waiver of any breach, term or condition of this MOU by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
The MOU is hereby executed and/or ratified by and between the following authorized
I representatives of the City and County.
///
///
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IN WITNESS WHEREOF, County and City have caused this MOU to be duly executed
this day of 2015.
I COUNTY OF RIVERSIDE:
CITY OF LA QUFNTA:
By By:
Marion shley, Chairman
Board of Supervisors
ATTEST:
Kecia Harper-Ihem
Clerk of the Board
B I 'A
Depu
APPROVED AS TO FORM:
Gregory P. Priamos
County Counsel
By:
Utputy County C , I
Digitally slgne by Frank I Spevacek
ON:
01,
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o-Frank J. Spevacek cn=Fmnk J.
Spew¢k
Date a01s.0].1i 11:2G17-07W
Frank J. Spevacek, City Manager
ATTEST:
Susan Maysels
City Clerk
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Clerk
APPROVED AS TO FORM:
William H. Ihrke, City Attorney
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