2022-24 Riverside County MOU Amend 4 - Library, Museum, & Markerspace ManagementMEMORANDUM
DATE:
TO:
FROM:
RE:
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
___ Approved by City Council on ___________________________________________
___ City Manager’s signing authority provided under the City’s Purchasing Police
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
___ Department Director’s or Manager’s signing authority provided under the City’s
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
___ Bid ___ RFP ___ RFQ ___ 3 written informal bids
___ Sole Source ___ Select Source ___ Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
___ Agreement payment will be charged to Account No.: _____________________
___ Agreement term: Start Date ________________ End Date ________________
___Amount of Agreement, Amendment, Change Order, etc.: $____________________
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
___ Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: ______________________________ Date: _______________
___ Bonds (originals)as required by the Agreement (Performance, Payment, etc.)
___ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the “Form 700 Disclosure for Consultants” guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
___ Business License No. __________________; Expires: __________________
___ Requisition for a Purchase Order has been prepared (Agreements over $5,000)
December 16, 2021
Monika Radeva, City Clerk
Michael Calderon, Community Resources Analyst
MOU with County of Riverside for library services. County requested three copies of
MOU with wet signatures upon execution of MOU.
✔December 21, 2021 - Consent 11
✔
202-3006-60105 & 202-3009-60105
✔June 30, 2022 June 30,2024
✔$1,415,190
✔
N/A Monika Radeva 12/22/2021
N/A 12/22/2021
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WHEREAS, the CITY desires to allocate additional funding for Makerspace operating
supplies and equipment maintenance; and
WHEREAS, both Parties have reached an agreement that they wish to extend the MOU
for two (2) years as set forth in writing in the form of this Fourth Amendment.
NOW THEREFORE, for good and valuable consideration the receipt and adequacy of
which is hereby acknowledged, the Parties agree as follows:
1.TERM. Section 1 of the MOU is hereby amended by the following:
The term of the MOU As Amended will commence upon approval of this Fourth
Amendment by both Parties, expiring on June 30, 2024 (“Extension Term”). The terms and
conditions related to Makerspace Management shall remain in effect through and including June
30, 2024. CITY shall have one (1) option to extend the term of the MOU for one (1) year by written
amendment to the MOU (“Extension Option”). In order to exercise the Extension Option, CITY
must provide written notice to COUNTY of its desire to exercise said option at least thirty (30)
days prior to the end of the Extension Term.
2.LIBRARY COLLECTION. Section 3 of the MOU is hereby amended by the
following:
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 $120,000 per year (the
“Library Collection Not To Exceed Amount”). 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.
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CITY shall allocate from the $120,000 Library Collection Not To Exceed Amount, as
defined in the preceding paragraph, the amount of $20,000 to be used for Library Community and
Cultural Programming and Events.
3.MAKERSPACE FEE SCHEDULE. Section 4.3 of the First Amendment is hereby
amended by the following:
Notwithstanding any provisions in the MOU to the contrary, CITY’s obligation to provide
Makerspace 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 “Makerspace Not To Exceed Amount”) the lesser of either
(a)$180,190, or (b) the income and revenues available to the CITY for Makerspace Management
services at the Makerspace in the fiscal year (“Makerspace revenue(s)”). In explanation of the
foregoing, the total cost of Makerspace Management will be approximately $180,190 for FY 21-
22 and $180,190 for each remaining fiscal years, but, in no event shall CITY incur any liability
under this MOU exceeding the Makerspace revenues available in any fiscal year during the Term
of this MOU.
CITY Makerspace revenues shall be used by COUNTY for employment of the Makerspace
Manager, additional technical staff, and by CITY for costs of administration of the Makerspace
incurred by CITY, including for timed allocated to such administration by City Manager or their
appointee. COUNTY shall deliver invoices or bills to CITY for Makerspace 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 Makerspace Management revenues
authorized for a fiscal year pursuant to this MOU. This cost assumes all contract staff and
operational expenses for the Makerspace.
CITY shall be responsible for landscape maintenance, replacement or maintenance of
lighting, utilities, and repair or replacement relating to the Makerspace.
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CITY shall allocate from the Makerspace Not To Exceed Amount, as defined above, the
amount of $10,000 to be used for Makerspace Operating Supplies and the amount of $5,000 to
be used for Equipment Maintenance.
4.MUSEUM FEE SCHEDULE. Section 7 of the MOU is hereby amended by the following:
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 “Museum Not To Exceed Amount”) the lesser of either (a) $215,000,
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 $215,000 for FY 21-22
and $215,000 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.
CITY shall allocate from the Museum Not To Exceed Amount, as defined above, the
amount of $20,000 to be used for Museum Community and Cultural Programming and Events.
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5.CAPITALIZED TERMS/ FOURTH AMENDMENT TO PREVAIL. Unless defined herein
or the context requires otherwise, all capitalized terms herein shall have the meaning defined in
the MOU As Amended. The provisions of this Fourth Amendment shall prevail over any
inconsistency or conflicting provisions of the MOU As Amended, and shall supplement the
remaining provisions thereof.
6.MISCELLANEOUS. Except as amended or modified herein, all the terms of the MOU As
Amended shall remain in full force and effect and shall apply with the same force and effect. Time
is of the essence in this Fourth Amendment and the MOU As Amended and each and all of their
respective provisions. Subject to the provisions of the MOU As Amended as to assignment, the
agreements, conditions and provisions herein contained shall apply to and bind the heirs,
executors, administrators, successors and assigns of the Parties hereto. If any provisions of this
Fourth Amendment or the MOU shall be determined to be illegal or unenforceable, such
determination shall not affect any other provision of the MOU As Amended and all such other
provisions shall remain in full force and effect. The language in all parts of the MOU As Amended
shall be construed according to its normal and usual meaning and not strictly for or against either
COUNTY or CITY.
All other terms and conditions of the MOU As Amended shall remain unchanged and shall
remain in full force and effect.
[Signatures on following page]
City of La Quinta
CITY COUNCIL MEETING: December 21, 2021
STAFF REPORT
AGENDA TITLE: APPROVE FOURTH AMENDMENT TO MEMORANDUM OF
UNDERSTANDING WITH THE COUNTY OF RIVERSIDE FOR A TWO-YEAR
EXTENSION FOR LIBRARY, MUSEUM, AND MAKERSPACE MANAGEMENT
RECOMMENDATION
Approve the Fourth Amendment to the Memorandum of Understanding with
the County of Riverside for a two-year extension for the Library, Museum and
Makerspace management; and authorize the City Manager to execute
the amendment.
EXECUTIVE SUMMARY
•The City has a Memorandum of Understanding (MOU) with the County of
Riverside (County) to manage the La Quinta Library, Museum, and
Makerspace.
•All programs and services continue to be assessed, along with staffing
resources, and processes implemented due to the COVID-19 pandemic.
•The agreement streamlines the processes implemented for City funding
allocation for new programs/services/exhibits.
•The MOU will expire on June 30, 2022 and this Fourth Amendment to the
MOU (Amendment) (Attachment 1) will extend the agreement to June 30,
2024.
FISCAL IMPACT
The 2021/22 Library and Museum Fund budget incorporates funding for
contract services in the amount of $1,415,190.
BACKGROUND/ANALYSIS
The County collects $2.7 million annually in library tax credits for the Library,
Museum, and the Makerspace. Since 2004, the City has contracted with the
County to manage the La Quinta Library. The MOU was amended and
extended in previous years to include the management of the Museum and
Makerspace. This MOU provides for the County to contract these services to
Library System and Services LLC (LSSI). The total cost for these services is
$1,415,190 and the breakdown is as follows:
CONSENT CALENDAR ITEM NO. 11
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•Library management of $700,000;
•Books and purchase of materials of $120,000;
•Museum management of $215,000
•Makerspace management of $180,190; and
•County technical and administration services of $200,000 a year.
The current MOU is set to expire on June 30, 2022. This extension will continue
to allow the City to work with the County on direct purchasing processes for
LSSI to access the funding allocations that the City has provided for cultural
programs/events/exhibits, operating supplies, and equipment maintenance
for the makerspace. This streamlined process will then allow the County to bill
the City for these funds as part of the regular quarterly billing cycle. City will
also continue to work with the County on COVID-19 compliance processes,
facility improvements, and implementation of the new resource van program
that will be available at scheduled stops throughout the City. The resource van
is an update to the current bookmobile program that is offered by the County.
It will include computers, WiFi, and printing accessibility along with various
library programs and resources. The City will also work with the County on a
multi-year agreement to begin fiscal year 2024/25. This Amendment is
scheduled for the Riverside County Board of Supervisors review on January
25, 2022.
Due to the specialized services and experience required for the Library,
Museum, and Makerspace staff recommends extending the agreement with
the County to continue providing these services to the community.
ALTERNATIVES
Council may modify and/or deny the extension of the MOU with the County.
Prepared by: Christina Calderon, Community Resources Manager
Approved by: Chris Escobedo, Director of Community Resources
Attachment: 1.Fourth Amendment to the Memorandum of Understanding
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