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CS Library Services at Northgate Pop-up MOUApril 1, 2019 SAN RAFAEL THE CITY WITH A MISSION TITLE: MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN SAN RAFAEL PUBLIC LIBRARY AND MARIN COUNTY FREE LIBRARY WITH REGARDS TO PARTNERSHIP IN PROVIDING LIBRARY SERVICES AT NORTHGATE MALL. I. EXECUTIVE SUMMARY. The City of San Rafael and its Public Library and the County of Marin and Marin County Free Library (together, "the Parties") will jointly continue a pilot project for a library location at the Northgate Mall for a period of 1 year, from May 1, 2019 to April 30, 2020. II. SUMMARY AND TERM. For the purposes of testing the viability of a library presence in the Northgate Mall the San Rafael Public Library created a pilot project in partnership with the Marin County Free Library to provide and staff a pop-up location in the Northgate Mall starting on December 5, 2018 and extending through March 31, 2019. Based on the success of this pilot both parties would like to continue the pilot for an additional 1 -year period starting May 1, 2019 through April 30, 2020. Upon mutual agreement of the parties, and subject to the approval of the San Rafael City Manager, the term of this MOU may be extended for an additional period of up to one (1) year(s). III. TERMINATION. A. Either party may terminate this MOU without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this MOU without the prior written consent of the other. IV. DUTIES OF THE PARTIES. City of San Rafael: City of San Rafael will assume responsibility for: • Engaging in license agreement with Northgate Mall owner MGP XI NORTHGATE, LLC, including meeting any insurance requirements • Signs and branding • Transport of material • Staff to work at the mall location. y—�-�41 c3-a� Marin County Free Library: Marin County Free Library will provide: • Collections from their Distribution Center at 1600 Los Gamos Drive • Technology infrastructure • Janitorial Services • Library book return • Interns to assist with technology at the Mall location and intermittent program staffing. V. NONDISCRIMINATION. The PARTIES shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this MOU. VI. COMPLIANCE WITH ALL LAWS. The PARTIES shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this MOU. The PARTIES shall perform all services under this MOU in accordance with these laws, ordinances, codes and regulations. VII. NO THIRD -PARTY BENEFICIARIES. The PARTIES do not intend, by any provision of this MOU, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this MOU, to the other party VIII. NOTICES. All notices and other communications required or permitted to be given under this MOU, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO SAN RAFAEL LIBRARY: Henry Bankhead City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO MARIN COUNTY LIBRARY: Sara Jones, Marin County Librarian 3501 Civic Center Drive, Suite 414 San Rafael, CA 94903 Page 2 of 3 IX. ENTIRE MOU -- AMENDMENTS. A. The terms and conditions of this MOU, all exhibits attached, and all documents expressly incorporated by reference, represent the entire MOU of the parties with respect to the subject matter of this MOU. B. This written MOU shall supersede any and all prior agreements, oral or written, regarding the subject matter between the PARTIES. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this MOU, shall be valid or binding, except by way of a written amendment to this MOU. D. The terms and conditions of this MOU shall not be altered or modified except by a written amendment to this MOU signed by the PARTIES. E. If any conflicts arise between the terms and conditions of this MOU, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this MOU shall control. X. COUNTERPARTS AND ELECTRONIC SIGNATURE. This MOU may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. NOW THEREFORE, the parties mutually agree to this Memorandum of Understanding and have caused this MOU to be executed as of this day of , 20_ City of San Rafael 54�� ,IA' Ci M ager Attest: VV' W a't"' Lindsay Lara, City Clerk Marin County Free Library C my Librarian Kathrin Sears President, Board of Supervisors Approved as to form County Counsel Page 3 of 3 COUNTY OF MARIN ®:, MARIN COUNTY © FREE LIBRARY Sara Jones Director of County Library Services ........................................................ MARIN ...C.OU.N.T..Y... F.R.E.E... L I. B R A.RY. May 7, 2019 Marin County Board of Supervisors 3501 Civic Center Drive San Rafael, CA 94903 Library Administration 3501 Civic Center Drive SUBJECT: Memorandum of Understanding Between San Rafael Public Suite 414 Library and Marin County Free Library with regards to San Rafael, CA 94903 Partnership in Providing Library Services at Northgate Mall. Phone: 415.473.3220 Fax: 415.473.3726 Dear Supervisors: CRS Dial 711 www.marinlibrary.org RECOMMENDATION: Approve Memorandum of Understanding Between San Rafael Public Library and Marin County Free Library with regards to Partnership in Providing Library Services at Northgate Mall SUMMARY: For the purposes of a library presence in the Northgate Mall to expand and enhance library services to Marin County, the San Rafael Public Library created a partnership with the Marin County Free Library to provide materials, infrastructure and staff a pop-up location in the Northgate Mall through April 1, 2020. Based on the success of the pilot which began in December of 2018, both parties would like to proceed with the arrangement and continue with the pilot for an additional 1 year period. Responsibilities of both parties are defined as: City of San Rafael: City of San Rafael will assume responsibility for: • Crafting and maintaining ongoing agreement with Merlon Geier • Certificate of Insurance • Signs and branding • Transport of material • Staff to work at the mall location Marin County Free Library: Marin County Free Library will provide: • Collections from their Distribution Center at 1600 Los Gamos Drive • Technology infrastructure • Janitorial Services Interns to assist with technology C P1;L- FISCAL/STAFFING IMPACT: There will be no impact to the General Fund Net County cost as a result of your Board's approval of this MOU. The annual Marin County Free Library cost to provide library services at the Northgate Mall is estimated to be approximately $20,000 per year, which will be fully funded by the Library Measure A Fund (2480). REVIEWED BY: [ ] Department of Finance [X] N/A [X] County Counsel [ ] N/A [ ] County Administrators [ ] N/A [ ] Human Resources [ X] N/A Thank you for your attention in this matter. Respectfully submitted, Sara Jones Director of Coun y Library Services SJ:elg Attach: Memorandum of Understanding Between San Rafael Public Library and Marin County Free Library with regards to Partnership in Providing Library Services at Northgate Mall. cc: Renee Brewer, Chief Deputy County Counsel Ana Rasquiza, Administrative Analyst I Ann Kaplan, President, Library Commission Chantel L. Walker, Assistant Director Bonny White, Deputy Director Leslie Galiani, Administrative Services Manager 2