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19-166 Cupertino Library Foundation, Memorandum of Understanding Regarding Weekly Film Series at the Cupertino Senior Center MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND THE CUPERTINO LIBRARY FOUNDATION REGARDING THE WEEKLY FILM SERIES AT THE CUPERTINO SENIOR CENTER This Memorandum of Understanding("MOU") sets the terms and understanding between the City of Cupertino ("City") and Cupertino Library Foundation("Foundation") (together,the"Parties") for the Library Foundation's presentation of a weekly film series program("Program") at the Cupertino Senior Center, 21251 Stevens Creek Boulevard, Cupertino, CA 95014. WHEREAS, the City and the Foundation desire to enter this MOU to host the Program, including a discussion section,to benefit the public and provide an opportunity to learn about classic films of a specified genre over a six-week period(described in Attachment A—a description of what the program offers to the community); and WHEREAS,the City and the Foundation have determined that it is to their mutual advantage to enter into this MOU,which will allow the City to host the program for the public and which will allow the Foundation to have a venue for the Program; and WHEREAS,this MOU has been prepared jointly by the City and the Foundation for the purpose of setting forth the terms and conditions of the Foundation's use of space at the Cupertino Senior Center; and WHEREAS, a MOU between the Parties is necessary to outline the purpose of this collaboration; NOW,THEREFORE, in consideration of the mutual promises and agreements herein contained, it is mutually understood and agreed by and between the parties hereto as follows: 1. Term a. The initial term of this MOU will encompass the date of ratification through the end of June 30, 2020 and will be subject to yearly reevaluation. This MOU shall become effective upon signature by the authorized officials and will remain in effect until renewed or terminated by the Parties by mutual written agreement. 2. Coordination a. Representatives from the Foundation and the City will meet every other month to set dates for the six-week film series sessions. 3. City Obligations a. Provide a room at the Cupertino Senior Center to conduct a six-week long film viewing and discussion series at least three(3)times per year, one(1) day per week. b. Provide a room ready at the agreed date and time for each session with chairs set up for ' each attendee, as well as popcorn. The City shall also set up a projector and DVD player for viewing movies, and ensure access to the room's built-in sound system. c. Actively provide promotion and outreach to the Cupertino Senior Center members in order to increase participation. d. Provide a sign-up sheet in the Senior Center lobby to determine rough estimate of attendees. e. Provide a staff liaison to coordinate program logistics and help with promotion. f. Provide volunteer hosts to welcome participants, serve popcorn, and distribute and collect program evaluations. g. Forward evaluations to Foundation at conclusion of series. 4. Foundation Obligations a. Provide a list of films, series theme, and pamphlets for upcoming series. b. Provide knowledgeable host to conduct weekly viewing and discussion. c. Support provision of six(6) session film series at least three(3)times a year. d. Provide a film on a weekly basis for viewing during each six-week series. 5. Compensation a. The services described above are provided by the Parties as a service to the community. Unless otherwise mutually agreed upon in writing by the parties,the Parties will not compensate(i.e.provide remuneration to) each other for the services described above. 6. General Provisions a. Entire Agreement. This MOU represents the full and complete understanding of every kind of nature between the Parties, and supersedes any other agreement(s)and understanding(s), either oral or written,between the Parties. b. Amendment. Any amendment to or modification of this MOU will be effective only if in writing and signed by each Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this MOU. c. Governing Law and Venue. This MOU is governed by the laws of the State of California. Any lawsuits files related to this MOU must be filed with the Superior Court for the County of Santa Clara, State of California. d. Third Party Beneficiaries. There are no intended third-parry beneficiaries of this MOU. e. Headings. The headings in this MOU are for convenience only, are not a part of the MOU, and in no way affect, limit,or amplify the terms or provisions of this MOU. f. Severability/Partial Invalidity. If any term or provision of this MOU, or its application to a particular situation, is found by the court to be void, invalid, illegal,.or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this MOU or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this MOU to carry out its intent. g. Survival. All provisions which by their nature must continue after the MOU expires or is terminated shall survive the MOU and remain in full force and effect. h. Notices. All notices,requests, and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery; or the date confirmed by the reputable overnight delivery service; or on the fifth calendar day after deposit in the United States Mail,postage prepaid; or the next business day following submission by electronic mail: To the City of Cupertino: 21251 Stevens Creek Blvd. Cupertino, CA 95014 Attention: Jason Bisely Contract Info: 408-777-3127,JasonB@Cupertino.org To the Cupertino Library Foundation: 10800 Torre Ave Cupertino, CA 95014 Attention: Henry Sang Contract Info: 408-821-5152,hsang@cupertinolibraryfoundation.org IN WITNESS WHEREOF the Parties have executed this Memorandum of Understanding which shall become effective upon the date of the execution of the MOU by all parties. CUPERTINO LIBRARY CITY OF CUPERTINO FOUNDATION A Municipal Corporation By By�� �� - 1 Name HeS Name C!7! \ , es Title President Title} J� ���c �✓ Ides DateOct. 4, 2019 Date /0— Tax I.D. No.: 77-0372742 APPROVED AS TO FORM: ATTEST: HEATHER M. MINNER GRACE SCHMIDT Cupertino City Attorney City Clerk Attachment A CuPBRnNo Lim mr FouRDAnoN www.CUPBRTINoLIBR.4RYFoLWDA710N.ORG ; ;a * 10800 Torre Avenue Cupertino,CA 95014 To: Jason Bisely, Cupertino Senior Center Memorandum of Understanding for the Cupertino Library Foundation Film Series September 12,2019 The Cupertino Library Foundation's Film Series is in its fifth year. We present Board of Directors classic films with a following discussion session. This discussion session President Henry Sang,Jr. typically has been led by filmmaker and scholar Mark Larson who teaches at Vice-Pres.Gopal Santa Clara University. We typically have five to six related films in a Kumarappan ne series. This series is designed b Mark. Mark is aid b the Cupertino Library Treasurer Janet Trankle g y 1� y p Jerry Liu Foundation for each series. Our next series is a science fiction series that will run Art Cohen from the middle of October until the end of November. Kiran Varshneya Kristen Lyn Tim Widman The Cupertino Library partners with us to provide a WayFinder to allow patrons Seetha Lakshmi to research and read more about each series. The Library is experimenting in other areas (e.g. Wellness)with follow on discussions. We may experiment with additional follow-on discussions for the Film Series. 1 Advisory Council The majority of our audience are seniors from our City and surrounding Bob Adams areas. The average audiences so far in 2019 when at the Cupertino Senior Center Tom Izu Gayathri Kanth were 72 attendees/film for the Winter series (Murder Mystery Mayhem). In the Jerry Liu past, at the Blue Light Theater,the attendance approached 100. We continue to Hsing Kung poll and find that we are continuing to attract new patrons at our events. The Beverly Lenihan p g Ben Liao March 26 film had four new first time attendees. We believe it is possible to Richard Lowenthal improve our marketing and perhaps get audiences over 100. { Orrin Mahoney Eno Schmidt Steve Ting The key to the success of this program has been the involvement of the audience. Mark Larson typically provides history on the film and the people involved with making the film (actors, director,producers, hands,...)and explains Cupertino Community how it fit into the films of the day. This starts a question and answer dialog which Librarian often then spins off into one audience member commenting or questioning what Clare Varesio was happening during certain scene in the film. This usually then gets a huge conversation underway with many of our audience members involved. Our audience is not just watching a film, they could do that at home. Here they 501 (c)(3)ID#77-0372742 are together with others and the excitement of discussing what went on and what might have happened creates a strong social interaction. As various health professionals have discussed during our Library's Wellness Series, social interaction for seniors seems to be a key deterrent to the onset of Alzheimer's Disease symptoms (the effects vs stopping the disease). Furthermore, loneliness is considered one of the key causes of premature death in seniors, some equating it to smoking half a pack of cigarettes per day. The Film Series seems to not only be fun and involving for our senior community but also helps to fight loneliness in our senior population. We are discussing this with other organizations to see how we might partner to address this key senior issue. The Cupertino Library Foundation would like to partner with the Cupertino Senior Center,the Cupertino Library and other organizations to find a way to further extend this program and others to address the needs of our senior community. We are discussing options with the Library and with Amanda Hui of the Senior Center. We are reaching out to other groups such as the Cupertino Rotary and the Cupertino Chamber of Commerce. As part of the partnership with the Cupertino Senior Center, we will continue to provide the funding for the host and content manager Mark Larson. We request continued access to the Cupertino Senior Center facility for the Tuesday evening shows with no usage charge for attendees. We welcome the continued support of the volunteers to provide refreshments. We would also like to work together to experiment with how to extend the reach of this series and sister works to enhance the educational and social interaction opportunities for the Cupertino Community. Sincerely, c�J Henry W. Sang, Jr. Cupertino Library Foundation, President