Res 2026-020 approving a Memorandum of Agreement with the Friends of the San Marcos Public Library to formalize roles, responsibilities, and expectations for mutual support

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Library Director. Parties agree that money received by the Friends should be used to support the Library, and that those funds should supplement and not supplant public funding. • that the library administration has the final say in accepting or declining any and all gifts made to the Library. • to engage in advocacy efforts on behalf of the Library under the guidance of the Library Director. • that if they cease to actively fundraise and promote the Library, they will disband allowing for a new Friends group to be established in the future. • to collect and pay applicable sales tax on items they sell. • To utilize all materials provided by the Library to fundraise on behalf of the Library or dispose of the materials appropriately. II. Term This Agreement has an initial term of one year, commencing on the Effective Date, unless terminated earlier as described below. At the end of the initial term (and any subsequent extended terms) this Agreement will automatically renew for another one year term for up to nine years for a maximum total contract term of ten (10) years. Following the final term of this Agreement either party may notify the other party in writing of a desire to negotiate terms for a new contract. III. Termination 1. Either Party may terminate this Agreement, without cause, upon thirty (30) days written notice to the other. In the event of such termination, any course in process will be completed. 2. If either party is in default of performance of any material obligation under this Agreement, the party that is not in default may give written notice of the default to the other party and if the party notified fails to correct the default within thirty (30) days or within such period fails to satisfy the party giving notice that the default does not exist, the party giving notice may terminate this Agreement upon expiration of the thirty (30) day period. The termination of this Agreement shall not affect any right or remedy that has accrued to either party at the time of termination. 4. Upon termination of this Agreement (either through this section, or by expiration of the term with no extension), Friends shall deliver any keys, access badges, equipment, or other property owned by San Marcos Public Library to the appropriate representative and turn over all funds raised on behalf of the Library to the Library Director. Page 2 of 4