CONTRACT 3766 Memorandum of Understanding376
MOU BETWEEN
THE CITY OF EL SEGUNDO AND
THE EL SEGUNDO UNIFIED SCHOOL DISRICT
FOR
LIBRARY SERVICES
THIS MEMORANDUM OF UNDERSTANDING ("MOU ") is made and entered into
this 16TH day of OCTOBER, 2007, by and between the CITY OF EL SEGUNDO, a municipal
corporation and general law city existing under the laws of California ( "CITY "), and EL
SEGUNDO UNIFIED SCHOOL DISTRICT, a public school district organized pursuant to
provisions of the California Education Code ("DISTRICT ").
ARTICLE I. RECITALS.
The Parties enter into this MOU with reference to the following facts, objectives, and
understandings:
Section 1.01 CITY views the four existing school branch libraries and their materials as
important extensions to the public library's services;
Section 1.02 CITY invested considerable resources into the administration and operation of this
library system since December 3, 1991; and,
Section 1.03 CITY and DISTRICT seek to continue a mutually beneficial agreement whereby
the respective library facilities of the CITY and DISTRICT would be affiliated.
ARTICLE II. DEFINITIONS
Unless the contrary is stated or clearly appears from the context, the following definitions govern
the construction of words and phrases used in this MOU:
Section 2.01 "All library related capital improvements " means remodeling or expansion of the
facilities.
Section 2.02 "Building maintenance and janitorial services /supplies" means regular repairs and
maintenance on all four school library facilities so that the sites are kept safe, and good working
condition; and, that there is a regularly scheduled cleaning of all sites including floors,
bathrooms, furniture, shelves, and trash removal. The DISTRICT will provide all janitorial
supplies.
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Section 2.03 "Centralized... cataloging' means that for each book or material item,
bibliographic information will be entered at the public library on their Online Computer Library
Center (OCLC) database to obtain proper classification and standardized subject cataloging. This
database information is then downloaded into a shared automated system between CITY and
DISTRICT.
Section 2.04 "Centralized ordering" means CITY will order all materials for each school
library site, and will coordinate with DISTRICT regarding school district purchase order numbers
and accounts from which orders will be placed.
Section 2.05 "Centralized... processing" means mean that after cataloging, CITY staff will
adhere date due slips, property stamp, Dewey Decimal classification label, barcode, and book
jacket all school library materials and send them in the delivery system to the appropriate library
when completed.
Section 2.06 "Computer hardware and software programs" means CITY will provide at each
school site two dedicated computers with a shared automated system downloaded for staff to
circulate materials, and will provide two dedicated computers for students to access the same
shared online catalog.
Section 2.07 "Coordinate materials purchased" means CITY will coordinate with DISTRICT
for purchasing books and materials for all the school libraries to reduce costs and prevent
duplication of titles when possible.
Section 2.08 "Provide library staff' means:
A. Two (2) -part-time Library Assistants at each of the Center Street, Richmond Street, and
Middle School Libraries;
B. One (I) -part-time Library Assistant at the High School Library, and,
C. CITY will oversee and coordinate program needs, evaluation, implementation and review
with each school site Principal and DISTRICT's Librarian.
ARTICLE III. PARTIES' RESPONSIBILITIES
Section 3.01 CITY'S RESPONSIBILITIES. CITY agrees to generally be responsible for:
A. Administrative Functions:
Coordinate materials purchased for the school libraries by both DISTRICT and CITY;
2. Provide library staff to meet the needs of the library services at each school site as
determined by CITY in consultation with DISTRICT; and,
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3. Provide supervision, scheduling, hiring and evaluation of CITY personnel assigned to
DISTRICT libraries;
B. Establish policies and procedures at each school for:
1. Circulation of all materials and the collection of fines and fees;
2. Use of all library space within the facility including staff work areas, study rooms,
shelving units, storage cabinets, equipment, and the main area of the library;
3. Scheduling class visits;
4. Hours of operation;
CITY and DISTRICT agree that it is in the public's best interest that each library facility
be operated exclusively for library functions. Accordingly, DISTRICT representatives
will make efforts to limit disruption to library services. The DISTRICT will utilize
alternative facilities when available and appropriate.
C. Centralized ordering, cataloging, and processing, of collection materials; and,
D. Computer hardware equipment and software programs for the circulation of school
library materials; and, for the shared access to the school library collections through
CITY's online public catalog system.
Section 3.02 DISTRICT'S RESPONSIBILITIES. DISTRICT agrees to generally be
responsible for:
A. All library related capital improvements;
B. Providing furniture, fixtures, equipment, and consumable supplies related to library
operations and services;
C. Paying for all computers, printers, servers, cables, wireless equipment, and
telecommunication costs, except for CITY's technology responsibilities;
D. Building maintenance and janitorial services /supplies;
E. A delivery system for transporting books, materials, documents, and correspondence
between the four school libraries and main public library; and,
F. Retaining an employee qualified to oversee the daily operations, collection development,
student instruction, and supervision of the High School library and the other school
libraries ("District Librarian "), in coordination with CITY's representatives and retaining
an employee qualified to assist the District Librarian.
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3766 , .
G. The distribution of a quarterly calendar to library staff which lists scheduled
testing dates, fire drills, or any other planned school activity which will close the libraries
to individual students or limit classroom access.
Section 3.03 JOINT ACCESS TO COI,I,ECTIONS. CITY and DISTRICT will have equal
access to the collections of the other for the benefit of their respective library users.
ARTICLE IV. TERM
Section 4.01 TERM
This MOU becomes effective upon the date of its full execution and continues thereafter for a
period of three (3) years. Upon the term expiring, DISTRICT and CITY may, by mutual
agreement, extend this MOU for a similar or different period of time.
ARTICLE IV. TERMINATION
Either party may terminate this MOU by providing the other party with ninety (90) days advance
written notice.
ARTICLE V. INDEMNIFICATION
Section 5.01 INDEMNIFICATION
A. Each Party releases every other Party to this MOU from all liability to itself, its
officials, officers, employees, agents, and volunteers, for any claims, damage, or
demands for personal injury, death, or property damage, arising from or related to
this MOU.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this MOU.
ARTICLE VI. MISCELLANEOUS PROVISIONS
Section 6.01 ASSIGNMENT. The Parties understand that their status as public entities are
primary inducements for each to enter into this MOU. For this reason, the Parties agree that they
will not assign or transfer any portion of or interest in this MOU. Any attempt to assign or
transfer any portion of this MOU will be void.
Section 6.02 SEVERABILITY. If any portion of this MOU is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this MOU will continue in full force and effect.
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3766•
Section 6.03 SUCCESSORS. All the terms, conditions and covenants of this MOU will inure
to the benefit of and be binding upon the Parties' successors and assigns. The provisions of this
Section will not be deemed as a waiver of any of the conditions against assignment.
Section 6.04 NOTICES. All notices provided for herein will be in writing. Any notice
permitted or required to be served upon party may be served upon that party at:
For CITY: City of E1 Segundo
City Manager's Office
350 Main Street
E1 Segundo, CA 90245
For DISTRICT: El Segundo Unified School District
Superintendent's Office
641 Sheldon Street
E1 Segundo, CA 90245
Section 6.05 GOVERNING LAW. This MOU was executed in and will be construed in
accordance with the laws of the state of California and exclusive venue for any action involving
this MOU will be in Los Angeles County.
Section 6.06 HEADINGS. The headings contained herein are for convenience in reference and
are not intended to define or limit the scope of any provisions of this MOU.
Section 6.07 RULES OF CONSTRUCTION. This MOU has not been drafted or prepared by
either party hereto, the same being a fully negotiated MOU. Thus, the parties expressly agree
that any rule of construction regarding interpretation in favor of one or the other party by reason
of the party drafting the MOU will not apply.
Section 6.08 ACCEPTANCE OF FACSIMILE SIGNATURES /COUNTERPARTS.
A. The Parties agree that agreements ancillary to this MOU, and related documents to be
entered into in connection with this MOU will be considered signed when the signature of
a party is delivered by facsimile transmission. Such facsimile signature will be treated in
all respects as having the same effect as an original signature.
B. This MOU may be executed in any number or counterparts, each of which will be an
original, but all of which together will constitute one instrument executed on the same
date.
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IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
ATTEST:
l�� CvI
Cindy Mortesen,
City Clerk
APPROVED AS WF
Mark D. Hens ex i t rn
� l
By:
K,-ON" Berger,
Assistant City Mio ey
EL SEGUNDO UNIFIED SCHOOL DISTRICT
Dr. Geoff Y tz
Superintendent
Board Approved:
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October 23, 2007