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CONTRACT 3766B Amendmentbye SECOND AMENDMENT TO MOU NO. 3766 BETWEEN THE CITY OF EL SEGUNDO AND THE EL SEGUNDO UNIFIED SCHOOL DISTRICT FOR LIBRARY SERVICES This Second Amendment to Memorandum of Understanding ( "Amendment ") is made and entered into this I st day of July 2015, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ( "CITY "), and the EL SEGUNDO UNIFIED SCHOOL DISTRICT, a public school district organized pursuant to the California Education Code ( "DISTRICT "). RECITALS A. CITY and DISTRICT previously entered into that certain Memorandum of Understanding regarding Library Services dated October 16, 2007 (the "MOU "). B. On or about October 16, 2012, the CITY and DISTRICT entered into a First Amendment to the MOU which extended the term of the MOU to October 16, 2022. C. The Parties desire to (i) ensure that the CITY is reimbursed by the DISTRICT for the costs associated with the part-time staff provided by the CITY and (ii) further extend the term of the MOU. NOW, THEREFORE, for an in consideration of the mutual covenants and conditions contained herein and the MOU, the Parties agree as follows: 1. The existing Section 2,08 is deleted and a new Section 2.08 is added to read as follows:. "Provide library staff" means: A. Provide three Library Assistant level positions at Center Street School Library; two Library Assistants at the Richmond Street and Middle Schools; and, one Library Assistant at the High School library, with the flexibility to add or decrease staff hours if approved by the DISTRICT School Board and agreeable by the CITY; and, B. CITY will oversee and coordinate program operations; hire and train new staff; provide and maintain a shared, web -based catalog for cataloging, access and check- out of materials; and, evaluate the ongoing needs of service with each school site Principal and DISTRICT's Librarian. Although the CITY agrees to pay the initial costs associated with providing library staff (i.e., the salaries of the part -time employees), the DISTRICT agrees to fully reimburse the CITY its costs as described in this MOU. 2. Section 3.02 is amended to add a subsection "H" as follows: H. Effective July 1, 2015, the DISTRICT agrees to fully reimburse the CITY for its costs incurred by providing library staff as described above. Such costs include the salaries paid by the CITY to the part -time library staff. The CITY agrees to send an invoice to the DISTRICT on a quarterly basis, and the DISTICT agrees to submit its reimbursement payment in full to the CITY within 45 days of the date the invoice is sent. Failure by the DISTRICT to fully reimburse the CITY for its costs of providing library staff pursuant to this MOU constitutes a breach of this MOU and, in such an event, the CITY may terminate the MOU upon thirty (30) days' notice. 3. Term. The Parties agree to extend the term of the MOU to June 30, 2025. Upon the term expiring, DISTRICT and CITY may, by mutual agreement, extend the MOU. 4. Counterparts, This Amendment 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. Coiitimied effect, seve�i -ak ml Except as modified by this Amendment, all other terms and conditions of MOU No. 3766 will remain the same. In the event of a conflict between any term or provision of the MOU and this Amendment, the terms and provisions of this Amendment shall control. 6. Authority. Each person executing this Agreement on behalf of the DISTRICT or CITY hereby represents and warrants (a) his or her authority to do so, (b) that such authority has been duly and validly conferred by that entity's governing body, board, managers or members and (c) that such entity has the full right and authority to enter this Amendment. IN WITNESS WHEREOF, the Parties have executed this Amendment the day and year first hereinabove written. ATTEST: Tn /1� e�° C' y Clerk AI RO V AS TO FORM: By;��, Mark D. Hensley Attorney