2011/06/14 Riverside, County County Library System MOU I MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN 2
THE COUNTY OF RIVERSIDE
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THE CITY OF MENIFEE
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5 Now, therefore, in consideration of the mutual covenants and conditions set forth herein,
6 the parties agree as follows:
7 1. TERM. This MOU shall commence on the date this MOU is fully executed by
8 both parties and remain and continue in effect until terminated by either party upon 30 days prior
9 written notice to the other.
10 2. REIMBURSEMENT/USE OF LIBRARY BOOK DIF.
11 a. The City agrees to reimburse the County for the actual cost of library
12 materials for the Menifee Branch Library. Such materials shall be and remain the property of
13 City used by the County in the same manner as all other library materials. In the event that the
14 City of Menifee withdraws from the County Library System, these materials shall remain the
15 property of the City. This provision shall survive termination of this MOU.
16 b. The amount of the reimbursement shall be limited to funds available in the
17 City of Menifee Developer Impact Fee (DIF) — Library Fund. City is not obligated for any
18 additional amounts.
19 C. County shall invoice City quarterly for items purchased under this MOU.
20 Such invoices shall include sufficient documentation for the City to identify the type and
21 quantity of materials purchased and to confirm location in the Menifee Branch Library. City
22 shall pay approved invoices in 30 days from date of invoice from Library Book DIF.
23 3. CATEGORIES OF PURCHASES. The Library Book DIF shall be used to
24 purchase library books, periodicals, electronic media delivery devices, audio/visual materials,
25 and any other library materials selected by Menifee Library Branch Managers. At the time of
26 County's billing to City, a list of the materials purchased shall be provided. In the event City
27 staff believes such items do not meet the definition of"materials,"the City shall meet and confer
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I with the library branch manager and/or County Librarian. Such review shall not be used for
2 censorship of materials purchased.
3 a. LOCATION OF MATERIALS PURCHASED: All materials initially
4 shall be provided to the Menifee Branch Library, subject only to reciprocal borrowing rights
5 through the inter-library loan system.
6 4. RECORDS. County shall maintain records of all materials purchased hereunder
7 for at least 5 years.
8 5. INDEMNIFICATION: County shall indemnify, defend and hold harmless City,
9 its officers, agents and employees, from and against any claims, demands, liabilities, challenges,
10 or costs (including but not limited to attorneys and expert fees) arising or alleged to arise as a
11 result of County's actions or failure to act hereunder, including but not limited to the types and
12 nature of the materials selected.
13 6. MISCELLANEOUS: This MOU may be amended only in writing signed by both
14 parties. No waiver of any term or condition of this MOU shall be a continuing waiver thereof.
15 In the event of any proceeding to enforce or interpret this MOU, the prevailing party will be
16 entitled to reasonable attorney's fees and costs as determined by the court.
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I County Counsel has reviewed and approved this agreement.
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IN WITNESS WHEREOF,the parties have caused this MOU to be executed this 14t`day of
June, 2011.
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COUNTY OF RIVERSIDE CITY OF MENIFEE
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By: �t9 � By:
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Bob Buster, Chairman Bill Rawlings
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Board of Supervisors City Manager
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ATTEST:
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Kecia Harper-Ihem
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Clerk of the Board
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By:
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DeptV
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APPROVED AS TO FORM AND CONTENT:
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PAMELA J. WALLS
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County Counsel
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By:
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Deputy
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27 DATED:
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JUN, 2 8 2011 ���`�