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Home My WebLink AboutLibrary Board of Trustees - Meeitng Agenda 04/04/23■ u 11 • LIBRARY BOARD OF TRUSTEES CITY OF PALM SPRINGS, CALIFORNIA <vmev. ua l msorin Psiibrary.gov c+trsoaa` REGULAR MEETING AGENDA TUESDAY, APRIL 4, 2023 5:30 P.M. Meeting will be held in person at City Hall in Council Chambers. 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262. To view/listen to the meeting live, please use the following link: https://us02web zoom us/i/85958290008?owd=cUV6NDJuTndZVklTcEtYUEdSWU dpOT09 or call 1-669-900-6833, Meeting ID: 859 5829 0008, Passcode: 090845 Submit your public comment to the Library Board of Trustees electronically. Material may be emailed to ieannie.kays@palmsoringsca.gov. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the Board and retained for the official record. The meeting will be recorded, and the audio file will be available from the Office of the City Clerk and will be posted on the City's YouTube channel, as soon as practicable. TRUSTEES Craig Borba, Ed. D., Chair Juanita Garner, Vice -Chair A[ Jones, Treasurer Ed McBride, Trustee David Norgard, Trustee Palm Springs is an inclusive world -class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations. Staff representative: Jeannie Kays, Director of Library Services, Palm Springs Public Library CALL TO ORDER - ROLL CALL II. ACCEPTANCE OF THE AGENDA: In order to meet Brown Act requirements, items may be added to the agenda only upon decision by a majority of the Board of Directors to add the item because of a need for immediate action. This Agenda was available for public access atthe City Hall exterior bulletin board (west side of Council Chamber), and City Clerk's office on or before 5:30 p.m., March 28, 2023. A courtesy posting of this Agenda can be found on the Library's website at www.palmsprinP-slibrary.org. Pursuant to the Government Code Section 54957.5, the designated office for inspection of public records in connection with the public meeting of the Library Board of Trustees is the office of the City Clerk, City Hall, at 3200 East Tahquitz Canyon Way, Palm Springs, California. Library Board of Trustees, April 4, 2023, pg. 1 Library Board of Trustees Tuesday, April 4, 2023 Acceptance of Agenda: Page 2 of 4 Motion: Second: Approved: Opposed: Abstention Names(s): III. PUBLIC COMMENTS: This time has been set aside for members of the public to address the Library Board of Trustees on Agenda items; and items of general interest within the subject matter within jurisdiction of the City. Although the Library Board of Trustees values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted Agenda. Three (3) minutes are assigned to each speaker. IV. CONSENT AGENDA A. Meeting Minutes of March 1, 2023 B. Library Statistics. C. Donation Report Acceptance of Consent Agenda: Motion: Second: Approved: Opposed: Abstention Names(s): V. ADMINISTRATIVE REPORTS A. Friends of the Palm Springs Library B. Palm Springs Public Library Foundation C. Library Staff VI. TREASURERS REPORT Acceptance of Treasurers Report: Motion: Second: Approved: Opposed: Abstention Names(s): VII. DISCUSSION/ACTION ITEMS A. MEMORANDUM OF UNDERSTANDING -PALM SPRINGS PUBLIC LIBRARY FOUNDATION Motion: Second: Approved: Opposed: Abstention Names(s): Library Board of Trustees, April 4, 2023. pg. 2 Library Board of Trustees Tuesday, April 4, 2023 _ B. REVIEW FLOW CHART FOR DONATIONS Motion: Second: Approved: Opposed: Vill. TRUSTEE/STAFF COMMENTS/FUTURE AGENDA ITEMS Page 3 of 4 Abstention Names(s): IX. ADJOURNMENT: The meeting of the Library Board of Trustees will adjourn to its next scheduled meeting at 5:30 p.m. on Wednesday, May 3, 2023. The Palm Springs Public Library Board of Trustees meets via Zoom at 5:30 p.m. on the 1st Wednesday of every month, unless noted otherwise. COMMITTEES: STANDING: ADVOCACY BUDGET BUILDINGS POLICIES/BYLAWS AD HOC: FOUNDATION LIAISON FRIENDS LIAISON MEASURE LIAISON THE PUBLIC IS INVITED TO PARTICIPATE MCBRIDE/BORBA JONES/GARNER BORBA/NORGARD GARNER/NORGARD JONES/IVICBRIDE BORBA JONES AFFIDAVIT OF POSTING State of California ) County of Riverside ) SS. City of Palm Springs ) 1, Jeannie Kays, Director of Library Services of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the Library Board of Trustees, provided to all parties who have requested such notice, posted at City Hall before 5:30 p.m., on March 28, 2023, and posted on the City's website as required by established policies and procedures Jeannie Kays, MLIS Director of Library Services Library Board of Trustees, April 4, 2023, pg. 3 tiC Library Board of Trustees Tuesday, April 4, 2023 PUBLIC NOTICES Page 4 of 4 Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the Library Director, Palm Springs Public Library, 300 S. Sunrise Way. Complete Agenda Packets are available for public inspection at: Palm Springs Public Library. Agenda and staff reports are available on the City's website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Director of Library Services at(760) 322-8375. It is the intention of the City of Palm Springs to comply with the Americans With Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, If you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact Lisa Brock at 760-322-8387 to inform us of your particular needs and to determine if accommodation is feasible. Please advise us at that time if you will need accommodations to attend or participate in meetings on a regular basis. Library Board of Trustees, April 4, 2023, pg. 4 PALM SPRINGS PUBLIC LIBRARY BOARD OF LIBRARY TRUSTEES MINUTES Palm Springs Public Library City Hall Large Conference Room Teleconference via Zoom CALL TO ORDER Chair Borba called the meeting to order at 5:31 p.m. ROLL CALL PRESENT Craig Borba Yes Juanita Garner No Al Jones Yes Ed McBride Yes David Norgard Yes STAFF PRESENT: Jeannie Kays, Director of Library Services. March 1, 2023 CITY STAFF PRESENT: Lisa Brock, Library Operations and Collection Manager; Julie Warren, Library Services and Public Relations Manager. PUBLIC PRESENT: Robert Engel, David Sidley, Bill Wiley. 2. ACCEPTANCE OF THE AGENDA: MOTION: (Jones/Norgard, 4-0) To accept the agenda. 3. PUBLIC COMMENTS: None. 4. CONSENT AGENDA MOTION: (McBride/Jones, 4-0) To approve the consent agenda. 4. A. Meeting Minutes of February 1, 2023. 4. B. Library Statistics 4. C. Donation Report 5. ADMINISTRATIVE REPORTS 5. A. Friends of the Palm Springs Library Julie Warren gave the report. The Friends had a house tour for Modernism Week; they sold over 100 tickets as well as books and merchandise. They are having a book sale at the Frey building March 24- 26 from 9am to 1pm. March 24t" is open to members only, 251^ is open to the public, March 26th is a bag sale. Their Annual Meeting will be in April; more information to come. 5. B. Palm Springs Public Library Foundation David Sidley gave the report. The Foundation is continuing to recruit new members. They will be participating in the One PS Picnic and the Library Family Fun Festival. They are having a fundraiser called Brunch on the Page April 15t. It will feature two local authors discussing their upcoming books. Tickets are available on the Foundation website. Board of Library Trustees Minutes: March 1, 2023 1 Library Board of Trustees, April 4, 2023, pg. 6 ' 5. C. Library Staff City Council approved unanimously to approve the RFQ process. The procurement department is working to get that out. Thank you to everyone who gave public comments and wrote letters. Palm Springs Speaks: Al Franken, March 31. Tickets available on palmspringsspeaks.org. 6. TREASURERS REPORT Treasurer Jones gave the report. The trust fund balance is $1,783,976.22. 7. DISCUSSION/ACTION ITEMS 7. A. MEMORANDUM OF UNDERSTANDING — PALM SPRINGS PUBLIC LIBRARY FOUNDATION MOTION: (Jones,Norgard 4-0) To open item for discussion. Trustee McBride asked if all the issues were resolved. Chair Borba said he thought all of the Boards issues were addressed. David Sidley pointed out that in 1.c.i. it says any funds provided will fund ongoing maintenance and in 1.d.i. it says the City shall be solely responsible for maintaining the Library. The foundation would like that language removed because the Foundation will not be responsible for ongoing maintenance of the Library. Chair Borba said he interprets it as any funds that the Foundation raises could be used for those reasons but it's not the Foundations responsibility to maintain it. Director Kays reiterated what Chair Borba said. David_Sidley said he doesn't think the Foundation exists to maintain the building. Bill Wiley said it would be easier with their fund-raising efforts of the `._ words ongoing maintenance were struck. Treasurer Jones suggested changing the word shall to may and delete the word solely. Director Kays said that it might be saying that any funds being raised is for the Library not the Fire Department or any other department in the City. David Sidley suggested taking out construction, operation, etc. and it just says fund the Palm Springs Public Library system. Trustee McBride suggested the Foundation come up with alternative language and then let the City Attorney approve it. I.c.ii refers to a section that does not exist. In Il.b.ii. it says the Foundation shall provide any financial records requested by the City within thirty days following such request. Bill Wiley asked if anyone knew what the intention behind this request. They would like clarity to what kind of reports would be asked for. Bill Wiley asked what 0 years for less than $5,000 means on the naming rights chart. David Sidley suggested adding the word minimum, Treasurer Jones suggested adding maximum and have people renew their donations. Trustee McBride said that these are just guidelines for the Foundation if they have a donor that wants to donate a large amount in the agreement with the Foundation the donor could stipulate how long they want the naming rights to be and then the City approves it or rejects it. He suggested adding term to section Ill.d. on City's Prior Approval. In sections Il AJ., ii., and iii. Julie Warren suggested adding "...and set length of term." The City Attorney added Ill.e. some of the information was not included in the previous version. Bill Wiley asked why there is a 30-day limit. Director Kays said it so the money is received in a timely manner so that it can be used for that intent. Chair Borba and Director Kays are working on a flowchart to show the different areas the money could come in, the Foundation, Friends, etc. They will have the flow chart at the April meeting. Board of Library Trustees Minutes: March 1, 2023 2 Library Board of Trustees, April 4, 2023, pg. 6 The Foundation needs to know the type of insurance that's required. Director Kays is working with the City Attorney on this. The lettering in section IX Needs to be corrected. MOTION: (Jones,Norgard 4-0) To submit the MOU to the City Attorney for clarification and ask what financial records are being asked for in Il.b.ii. and clarification regarding ongoing maintenance and authorize Chair to accept on behalf of Trustees or bring back to a future meeting. 7. B. SET NEW MEETING DATE FOR APRIL 2023 DUE TO PASSOVER- PROPOSING APRIL 6 Director Kays suggested meeting Tuesday, April 4, 2023, at 5:30 in the City Council Chambers. 8. TRUSTEEISTAFF COMMENTS/FUTURE AGENDA ITEMS Trustee McBride asked if the Board needs to be ready to support any future action with City Council. The Library Board pushed the motion to City Council, and it was approved. Director Kays said the RFQ is being written and it should be out in the next week. Director Kays said the architects and designers will give us a total to work with. She said libraries are running about $1000 per square foot and our Library is 34,000 square feet so we are looking at $34 million. 9. ADJOURNMENT The March meeting adjourned at 6:44 p.m. RESPECTFULLY SUBMITTED, Jeannie Kays Director of Library Services Board of Library Trustees Minutes: March 1, 2023 3 Library Board of Trustees, April 4, 2023, pg. 7 February 2023 vs. February 2022 ,�T1023_ft1MENn2:2jM%GRANGE MATERIALS CHECKED OUT 27,446 17,022 61% Print 14,895 8,133 83% Media 8,216 4,859 69% Electronics 37 46 -20% Downloads & In-house 4,298 3,984 8% LIBRARY CARD REGISTRATIONS 222 136 63% Palm Springs Resident 95 74 28% California Resident 57 38 50% Out of State 70 24 192% DOOR COUNT 11,170 2,347 376% DOOR COUNT -(WMML) 2,908 2,379 22% COMPUTER SESSIONS 1,547 526 1941Y. COMPUTER SESSIONS (WMML) 2,908 99 237% WiFi SESSIONS 1,576 663 138% WIN SESSIONS (WMML) 149 105 42% PASSPORTS PROCESSED RRO'GRAMMINGIIIIIIIIIIIIIIIIIIIII PRESCHOOL In Person Programs 92 4 54 0 70% - Attendance 93 0 - Self- Directed Programs 0 0 - _ Self- Directed Completed SCHOOL AGE— ----- - - 0 _. -_-_.----.------._ —_ 5 -- 0 ---- ---- Programs --0 -- - Attendance 213 0 Self- Directed Programs 2 0 - Self- Directed Completed FAMILY _ - -- - -- - --- -- ------ ----------- - ---- Programs 300 - - -- - - -- --- - 2 0 --- - ----- -- 0 - -------- - — ---- - TEEN ------- ---- ----- -- -- -Attendance[ - Programs 9 0 0 - Attendance 31 0 - Self- Directed Programs 1 4 - Self- Directed Completed _..------------.-- -- _--__Programs 30 ---- 11 - 78 --- --z - - - - --- — Attendance 190 72 - Virtual Programs 3 7 - Virtual Attendance 9 109 - Self- Directed Programs 0 1 - Self- Directed Completed 0 40 - TOTAL Programs 31 2 - Attendance 647 72 - Self -Directed Programs 3 0 - Self- Directed Completed 9 109 - Virtual Programs 3 5 - Virtual Attendance 130 118 - Library Board of Trustees, April 4, 2023, pg. 8 1 City of Palm Springs, CA BALANCE SHEET FOR 2023 8 NET CHANGE ACCOLM FUND: 151 Li rarY Endowment Fund FOR PERIOD BALANC ASSETS 151 10005 operating Bank Account .00 1,827,566.46 151 10006 Cash - Fair Market value Adj .00 -36,721.22 151 10299 Unrealized Investments .00 -6,869.02 TOTAL ASSETS rr FUND BALANCE 151 29000 Fund Balance unreserved .00 -1,773,194.42 151 29310 Revenue Control .00 -10,781.80 151 29320 Budgetary FB unreserved .00 1,801,860.27 151 29330 Appropriations .00 -1,801,860.27 151 29335 Encumbrance Control .00 20,000.00 151 29345 Budgetary FB Reserve for Encum .00 -20,000.00 TOTAL FUND BALANCE Ir TOTAL LIABILITIES + FUND BALANCE rr *m END OF REPORT - Generated by Jeannie Kays *^ Report generated: 03/28/2023 16:10 User: JeanmeK Page 1 Program ID: glbalsht Library Board of Trustees, April 4, 2023, pg. 9 City ACCOUNT TRIAL BALANCE FOR FY23/JAN TO FEB FUND 151 operating Bank Account 151 10006 cash - Fair market value Adj 151 10299 unrealized Investments 151 29000 Fund Balance unreserved 151 29320 Budgetary FB unreserved 151 29330 Appropriations 151 29335 Encumbrance control 151 1,827,566.46 1,627,566.46 .00 .00 .00 1,827,566.46 151 -36,721.22 -36,721.22 .00 .00 .00-36,721.22 151 -6,869.02 -6,869.02. .00 .00 .00-6,869.02 151 -1,773,194.42 -1,773,194.42 .00 ,00 ,0-1,773,194. 42 151 1,801,860.27 �Wllffi .00 .00 .00 1,801,860.27 151 -1,801,860.27 -1,801,860.27 ' .00 .00 .00 -1,8 1,860.27 151 151 29345 Budgetary FB Reserve for Encum 151 Report generated: 03/28/2023 16:14 User: leannieK Program Io: glatrbal 20,000.00 20,000.00 ,00 .00 .00 20, 000.00 -20,000.00 Page 1 Library Board of Trustees, April 4, 2023, pg. 10 ALL LIBRARY EXrervuITURE ACCOUNTS 3/28/23 Org Object Description LIBRARYTRUSTFUND'S Budgeted ry.{„*.,-..''`:w" YTD Spent ,..•:.. ,..'."•j;�-;, t:.. ,.;. Encumbered Available Budget Percent Used 1514010 50005 Training Travel and Dues 3,750.00 0.00 0.00 3,750.00 - 0.00 1514010 50035 Materials and Supplies 52.81 0.00 0.00 52.81 0.00 1514010 50201 Future Library Projects 1,527,234.55 0.00 0.00 1,527,234.55 0.00 1514010 50202 Trust Fund Books 84,157.17 10,000.00 10,000.00 64,157.17 23.77 1514010 50203 Kropitzer Trust Donation 186,665.74 0.00 0.00 186,665.74 0.00 1514010 50208 Library Renovation 0.00 0.00 0.00 0.00 0.00 Unallocated Funds -17,884.05 -17,884.05 TOTALS 1,783,976.22 10,000.00 10,000.00 1,763,976.22 Library Board of Trustees, April 4, 2023, pg. 11 I C- -1 ALL LIBRARY EXC�-.-i,TURE ACCOUNTS 3/28/23 1004000 40000 Salaries Full Time 1,232,760.00 LIBRARY 762,489.49 0.00 470,270.51 61.85 1004000 40002 _ Salaries Overtime 1,768.00 2,726.00 0.00 -958.00 154.19 1004000 40008 Ex Salary Offset 0.00 0.00 0.00 0.00 0.00 1004000 40010 Leave Payoffs 16,272.00 8,553.55 0.00 7,718.45 52.57 1004000 40020 Fringe Benefits 341,066.00 139,898.93 0.00 201,167.07 41.02 1004000 40045 Medical Insurance Withdrawal 0.00 5,625.00 0.00 -5,625.00 0.00 1004000 40050 RHS Health Benefit 18,300.00 8,525.00 0.00 9,775.00 46.58 1004000 40055 PERS Retirement Cost 460,815.00 288,984.46 0.00 171,830.54 62.71 1004000 40060 PERS - POB _ 38,028.00 28,521.00 0.00 9,507.00 _ 75.00 1004000 40065 Workers' Compensation 55,742.00 41,806.50 0.00 13,935.50 75.00 1004000 40095 Medicare Insurance 17,723.00 11,564.17 0.00 6,158.83 65.25 1004000 40100 Retiree Health Benefit 136,617.00 102,462.75 0.00 34,154.25 75.00 1004000 40105 Contractual Services 37,000.00 41,634.64 0.00 -4,634.64 112.53 1004000 50005 Training Travel and Dues 14,000.00 1,942.25 0.00 12,057.75 13.87 1004000 50030 Gas and Lubrications 5,000.00 4,162.22 0.00 837.78 83.24 1004000 50031 Communications 28,400.00 9,160.53 0.00 19,239.47 32.26 1004000 50035 Materials and Supplies 399,325.00 216,364.04 106,851.45 76,109.51 80.94 1004000 50055 Insurance 121,454.00 91,090.50 0.00 30,363.50 75.00 1004000 50105 Repairs and Maint General 62,061.00 11,055.26 4,945.00 46,060.74 25.78 1004000 50120 Facilities Maintenance Service 183,378.00 137,533.50 0.00 45,844.50 75.00 1004000 50126 Grants - 34,213.80 8,428.02 9,118.48 16,667.30 51.28 1004000 50135 Administrative Benefits 13,282.44 9,961.50 0.00 3,320.94 75.00 1004000 50140 Printing 18,000.00 6,363.01 0.00 11,636.99 35.35 1004000 50145 Advertising 8,900.00 1,788.00 1,800.00 5,312.00 40.31 1004000 50200 Friends of the Library 13,927.49 14,539.94 0.00 -612.45 104.40 TOTALS 3,258,032.73 1,955,180.26 122,714.93 1,180,137.54 1004005 _ 40105 Contractual Services 107,177.00 0.00 0.00 107,177.00 0.00 1004005 50015 Electricity 30,000.00 18,941.75 0.00 11,058.25 63.14 1004005 50020 Water 2,500.00 768.12 0.00 1,731.88 30.72 1004005 50030 Gas and Lubrications 5,000.00 0.00 0.00 5,000.00 0.00 1004005 50031 Communications 16,000.00 0.00 0.00 16,000.00 0.00 1004005 50038 Welwood Operations 29,060.00 10,078.76 500.00 18,481.24 36.40 TOTALS 189,737.00 29,758.63 500.00 159,448.37 Library Board of Trustees, April 4, 2023, pg. 12 ( �1 lj PALM SPRINGS PUBLIC LIBRARY 2022-23 DONATIONS LAST UPDATED MARCH 28, 2023 DATE IDONOR AMOUNT IDESIGNATION 11/14/2022 1 BARBARA ROSENBERG $ 800.00 12/1/2022 11ANICE FULLER & DELORES BITTERMAN $ 50.00 TOTAL $ 850.00 Library Board of Trustees, April 4, 2023, pg. 13 MEMORANDUM OF UNDERSTANDING BETWEEN THE PALM SPRINGS PUBLIC LIBRARY FOUNDATION AND THE CITY OF PALM SPRINGS This Memorandum of Understanding ("MOU"), by and between the City of Palm Springs (the "City"), and the Palm Springs Public Library Foundation (the "Foundation"), and together known as the "Parties," establishes a framework for a sustainable partnership between the Parties in order for mutual support to continue and prosper. This MOU shall -be, effective on the date ("Effective Date") that it is signed by both Parties, following anylegally required approval by the governing bodies of the Parties. !' ' •� RECITALS f _ WHEREAS, the City is a charter city and California municipal corporaiion;� WHEREAS, the Palm Springs Library Board of.Trusstees"(`Board") reviews and amends library policy, reviews progress reports, discusses immediate' and long-range library planning, prepares an annual budget, prepares an annual report for the•City,Council and State Library, and administers the Library Trust Fund; _ WHEREAS, the Foundation was established as a fionprofit public benefit corporation in the State of California on June 3, 2014; X�__� WHEREAS, the/Foundirtioh was created to engage in the solicitation, receipt, and administration of funds and propert}, and from time to time, to disburse such funds, property and the income thereof to, oor.for-the benefit of, the PaI .Springs Public Library system; WHEREAS, li6Toundat lidntends to -solicit donations for the Palm Springs Public Library system`from individuals, organizations and corporations and recommend to the City that the Palm Springs Public Library system amenities:tie named for specific donors depending on the amount WHEREAS, the Parties desire to enter this memorandum of understanding to clearly delineate the respon ibiies' of the Parties to each other in accomplishing the purposes stated herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, both Parties agree as follows: 55575.18200\40893611.6 Library Board of Trustees, April 4, 2023, pg. 14 I. OBLIGATIONS OF THE CITY a. a C. Governance/Administration i. Authorize the Foundation to use the name, likeness and logo of the City and the Palm Springs Public Library when deemed appropriate by the Director of Library Services, or his or her designee. ii. Prior to any use of the Foundation's logo the City shall receive approval of the President of the Foundation. iii. Recognize the Foundation as z its own governing body. Coordination legally separate n'dependent entity with i. Provide support for mutually agreed upon Foundation,programs, budgets, projects, fundraising activities,cand/or reports. �� ii. Provide staff consulting and technical') assistance for m ally agreed upon improvement programs and.prot cts•whenever possible. iii. Assist the Foundation's coordinati6n with other agencies, as needed. iv. Hold a regular meeting, at a minimurll,annually, between the City and the Foundation to discuss matters mutually agreed upon between the City and the Foundation. 'N� t `` V. The Director of Library. Services shall be the primary contact on behalf of the City. Maintenance Standards 1. Except as may be set forth in one or more Facility Use Agreements, the City shall,be`solely sponsible fdr maintaining all Palm Springs Public Library ^system`facilities to good condition, substantial repair, in a safe, clean and \sanitary condition, and in compliance with all rules, regulations, ordinances, ice' Any fuhds provided to the City under this MOU shall be used to support the \construction, operation, ongoing maintenance, and improvement of the Palm Springs Public Library system. ii. ,Upon receiving any funds pursuant to ll.c.iii., determine whether any such funds are funds contributed to the Foundation from the Library Trust Funds and return any such funds to the appropriate Library Trust Fund account(s). C. Services Offered to Foundation 55575,18200\40893611.6 Provide space at Palm Springs Public Library system facilities, as well as program and maintenance support for activities and other Palm Springs Public Library system improvement projects, to include meeting; program, Library Board of Trustees, April 4, 2023, pg. 15 C1' fundraising, and event space at mutually agreed upon times at the Palm Springs Public Library system facilities. To the extent that a Palm Springs Public Library system facility is used, either by Foundation itself (i.e., for meetings or events), or by third parties (i.e., for fundraising events), any such use shall be subject to a Facility Use Agreement, in a form approved by the City Attorney and City Manager. ii. Promote the Foundation's presence and programs, as permitted. iii. Publicly recognize the work, contributions, services, and/or donations received directly or indirectly from the Foundation; iv. The City will coordinate with the Foundation tderect and/or install signage and other Library Elements (as defined in/§ection III.a, below) at Palm Springs Public Library system facilities../TheNapproval, permitting and display of such signage shall be subj( Foundation will pay for the signage assist in erecting and/or installi a'th Library system facilities. Notwithst signage, the City shall pay.fol; lnainta for Palm Springs Public Librarye`en viii. Contributions. The Board may, in Its funds to the Foundation to assist the for the benefit of consider contribu H. OBLIGATIONS OF THE a. to the Gity's laws and regulations. dnCity shall provide personnel to gnage at th Valm Springs Public ling the foregoing\forelectronic and update such electronic signage ;nd-for donor recognition. e and absolute discretion, disburse undation in its fundraising efforts c,Library system. The Board shall de in accordance with Section II.d below. ` J f VVVM1110.11VV/AUlllllllJLI QLI VII '" i. Reg ter wlth)the Internal Rd�venue Service (IRS) and California Franchise `Tax Board,(FTB) as -a -non-profit organization, and maintain such status. eii. Meet f6deral staisand—local charitable solicitation requirements, if the Foundation,solicits funds. iii. Obt`in\and maintain any necessary permits, licenses, special insurance, equipment, and, inspections for Foundation programs, activities, or events \ and pay associated costs or fees, if any. iv.Authorize the City to use the logo of the Foundation to promote the Foundation `hand its)activities when deemed appropriate by the President of the Foundation. V. \Prior to any use ofthe name, likeness and logo of the City and the Palm Springs Public Library the Foundation shall receive approval of the Director of Library fServices, or his or her designee. Coordination 3 55575.18200\40893611.6 Work with the Director of Library Services or his or her designee and the Board to coordinate on Foundation plans, programs, needs, and projects. Library Board of Trustees, April 4, 2023. pg. 16 ( ) ii. Coordinate fundraising activities on Palm Springs Public Library system facilities with Palm Springs Public Library staff. iii. The Foundation shall provide semi-annual reports to the Director of Library Services showing all donations, disbursements and other expenditures, and funds held. Moreover, the report shall list the number of fundraising events held, and the amount of money raised from each event. These reports shall be provided to the Director of Library Services on February I and August 1 of each year. The Foundation shall provide any financial records requested by the City within thirty (30) days following such•request. C. Finances i. Comply with all IRS and FTB non-profif requirements to remain in good standing. ii. Donate specific, individual donations for the purchase and/or design and construction of Palm Spring Public Library system facility features, as set forth in Section IV, below. % " . iii. Upon dissolution, return any and�alkfunds donated to theToundation for the benefit of the Palm Springs Public Library system to the City, in accordance with Article IX of the Articles of Incorporation of the Palm Springs Public Library Foundation. d. Contribution Requests i. The 1`6 ndanon may submit contribution requests to the Board for the following expenses: fundraising events and efforts, fundraising data collection tools�(including software or databases), personnel salaries for Foundation's%Executive Director or other fundraising/administrative staff, program support-fornew-or/ongoing programs and services at the Palm Springs Public; ibrary; costs for capital or awareness campaigns, and other expenses to directly support activities that either support or raise funds for the Palm�Springs Public Library. ii. The Foundation shall not submit any contribution requests to the Board for the following expenses: memberships, and travel or meal expenses \ �(includingiexpenses for alcohol). Ili\ Each contribution request submitted to the Board shall include the `following items/information in order to be considered by the Board: 11 / The amount of the contribution sought; 2. A description of the activity, services, or goods that the contribution will be used for; 3. A specific budget demonstrating how the contribution will be allocated; and 4. A description of the forecasted or anticipated outcome of the activity, services, or goods for which the contribution will be used. III. NAMING RIGHTS FOR THE LIBRARY AND ITS ELEMENTS 4 55575,18200\40893611.6 Library Board of Trustees, April 4, 2023, pg. 17 f ) a. Right to Issue Naming Rights. The Parties acknowledge and agree that the �J Foundation will be better able to support the renovation and continued operation and long-term maintenance of the Palm Springs Public Library system if it is able to raise funds through the issuance of naming rights for the Palm Springs Public Library and its component parts ("Naming Rights Opportunities"). Examples of potential Naming Rights Opportunities include, but are not limited to, the Library itself, the lobby, rooms, other facilities, and improvements, (the "Library Elements"). To the extent permitted by law, and subject to the City's prior approval, as set forth in Section III (c), the Foundation shall have the right to issue Naming Rights Opportunities to the Palm Springs Public Library and the Library Elements. b. Term of Naming Right. The name will be affiliated with the Library Element for the applicable Naming Rights Term depending on the amount donated; as follows: Amount Donated ``:,Namiug.Rights Term Less than $5,000 / 1 years $5,001 to $10,000 ;' •. �' 5-years 1 i' * $10,001 to $50,000 10 years ti `' $50,001 to $100,000 �� l\ years $100,001 or More E ; , 20`years C. Termination of Naming Right. Notwithstanding the specified Naming Rights Term, if the Library Elemehf must be replaced-5r substantially repaired, it may be renamed for a new -donor. The Ndming-Rights-Opportunity may additionally be terminated under the.fnllnwina ri rrnm ctanrac• �� i. Foundaation and the City shall each individually retain the right to rescind the naming rights if, inl.tlieir sole discretion, it is determined that (i) a previously - approved name has become inappropriate due to subsequent criminal acts or acts of'moral turpitude of the Donor or the person or entity honored by the issuance of the.naming rights, (ii) a Donor has failed to meet its financial obligations relating to a pledged donation, or (iii) any other factor relating to the Donor, the honoree, or the ldon lion has arisen that would discredit the Foundation, the Palm Springs Public Library, or the City and/or is contrary to the City's interests. d. City's Prior Approval. City shall retain all control over location, size, type, and amount of all Naming Rights Opportunities, and any in -kind donation. Prior to issuing any Naming Rights Opportunity, the Foundation shall obtain the City's written approval of the Naming Rights Opportunity, including as applicable, the proposed location, size, type of opportunity, any required signage/installation, expected donation amount, value of in -kind donation, and the donor's name. The City shall have thirty (30) calendar days to review and approve or deny any proposed Naming Rights Opportunity. 5 55575.18200\40893611.6 Library Board of Trustees, April 4, 2023, pg. 18 The Director of Library Services has the authority to approve or disapprove a proposed Naming Rights Opportunity up to $25,000. ii. The City's City Manager has the authority to approve or disapprove proposed Naming Rights Opportunity in excess of $25,000 up to $100,000. iii. Naming Rights Opportunities in excess of $100,000 shall require specific approval by the City's City Council. iv. The Foundation shall not be required to obtain Ci y approval for dedication plaques, engraved tiles or bricks or donor walls in locations approved by the City in its sole and absolute discretion. Such features shall be consistent with the design and functionality of the Palm Springs Public Library. , e. Proceeds from Naming Rights. expenses, the Foundation will use all donations i Public Library system, including the restoration, ongoing maintenance, and improvement of the Pal shall provide City the proceeds from the Naming donor. If Foundation determines operating donation, the Foundation shall provided e.D expense and justification for retaining the oper does not agree to the retaining of the operating to determine if the operating expense is justif( is not justified, Foun thirty (30) days from Opportunities shall be described below, -this, changes in;ligliting,.ar identitylarid engage prdsp\ c to any-signage, plaques, orb or signage,,plaque, or name the damaged,Library Eleme the Director of Library Sery the expenses irector of i , \ Other',than,reasonable'Foundation operating es for the benefit of the Palm Springs on (including prografrls•and'services), Igs Public_ Library System/ Foundation within thirty (30) days of receipt from .re, necessary to be retained from the expense. rrtne- nse,.a hearingsh the_Board deten vroceeds.ofthe (ices documentation of the )irector of Library Services ill be held before the Board Sines the operating expense donation to the City within >ts incurred in connection with the issuance of Naming Rights I'paid entirely by the Foundation or by Donors. As further Bout-limifdtioh, the cost of signage, plaques, name plates, Id the cost of any marketing materials or events required to 3rrs. Foundation shall be responsible for repairing any damage rtesJCity shall not obligated to replace any Library Element It:is damaged or destroyed. Any donor with naming rights to be honored in an alternative method at the sole discretion of g. No Property'lnterest. Notwithstanding any provision of this MOU, the Parties do not intend to convey any ownership or other interest in the Palm Springs Public Library and nothing in this MOU or any donation agreement shall be construed or interpreted as a grant of easement or any other interest in any property, including any portion of any Palm Springs Public Library system facility. If this MOU or any provisions of this MOU are construed or interpreted by a court of competent jurisdiction as conveying an interest in real property among the Parties, this MOU shall immediately become of no further force or effect, without notice to or action by any Party. IV. DONATIONS TO FUND LIBRARY ELEMENTS 6 55575.18200W0893611.6 Library Board of Trustees, April 4, 2023, pg. 19 C✓ a. It is understood that the Foundation shall have the right to solicit donations that are designated by an individual donor (the "Specific Donation"). The Specific Donation can be designated by the individual donor toward the Foundation's endowment or for use towards the purchase and/or design and construction of the Palm Springs Public Library, or the construction and installation of any Library Element. The individual donors and any conditions attached to the Specific Donation shall be consistent with the goals, values and objectives of the City and the Foundation and the design and functionality of the Palm Springs Public Library system facility for which the Specific Donation was made. V. INSURANCE The Foundation shall obtain and maintain insurance coverage in amounts and of the types (i.e. general liability and directors and officers) as required by the City's,Risk Manager, based on the Foundation's structure and activities. !� VI. AMENDMENT, RENEWAL AND TERMINATION V a. The term of this MOU shall commence on. the'Effective Date and, unless sooner terminated by written agreement of the Parties. shall end on the expiration of ten (10) years following the Effective Date ("the Expiration Date"). Either party may renew this MOU for an additional period of ten (1"0) y ass to commence upon the Expiration Date. To exercise�thts option to•renew, a party must deliver to the other party a written notice of its exercise of ilie"option,to renew at least sixty (60) days prior to theiEx iration Date. b. Any,, odifcati`; assignments, 'alterations, or extensions must be in writing, signed, and approved"by both Parties. VII. c. �, This MOU in termin`ated•by"either Party upon 30 days written notice. Distribution of Proceeds -Upon Expiration of the Term or Termination. At the Board's sole�and absolute discretion, any loan made to the Foundation by the Board may become automatically due and payable upon termination or upon expiration of a. Each party agrees to indemnify, defend, and hold harmless the other party, its officers, agents and employees from any and all liabilities, claims, or losses of any nature, including reasonable attorneys' fees and costs of suit, to the extent caused by, arising out of, or in connection with, the indemnifying party's negligent or wrongful acts or omissions arising from its respective activities pursuant to this MOU. VIII. DISPUTE RESOLUTION 7 55575.18200\40893611.6 Library Board of Trustees, April 4, 2023. pg. 20 a. The Parties agree to work together in good faith to resolve disagreements that may arise, under this MOU. Should such a disagreement arise, the Parties having authority to resolve the dispute will meet and negotiate in good faith toward a mutually satisfactory solution. If any disagreement cannot be resolved through such negotiations, the Parties will consider other alternative dispute resolution processes upon which they may later agree. However, if at any time a Party determines that circumstances so warrant, such Party may seek any available remedy without waiting to complete the informal meet and confer process. IX. GENERAL PROVISIONS a. Assignment. Neither Party may assign or transfer,all of -any portion of its rights or obligations under this MOU to any third party, without obtaining the prlor,written consent of the other Party, which consent shall not be unreasonably withheld_ Any purported,assignment, without the other Party's prior written consent, shall be M r' Y �� b. Binding Effect. This MOU shalding on all,heirs, succes :o nd'assigns of the Foundation and the City. C. Entire Agreement. This MOU contains the egtiie,agreement and understanding of the Parties on this subject. The City and\ttke-Foundation understand, acknowledge and agree that no Party, or any agent or attorney for any Party, lias.made any prom1 e,-representation or warranty of any kind whatsoever, express or implied,, not contained herein to/induce the execution of this y MOU. The City and the Foundation understand, acknowledge.and agree that this MOU has not been executed in reliance upon any promise, representation, orwarranty not contained herein. d. Applicable Law. This MOU and all,rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Any legal or administrative action arising out of this MOU shal`'be coed` d in Riverside County, California. e/, Warranty ofAuihority. The persons executing this MOU on behalf of the City and the, Foundation represent and warrapt1th`at„they are duly authorized to execute this MOU and to bind their respective Partyysto'all terms and conditions of this MOU. f. \\ Severability. rIf any section, subsection, sentence, clause or phrase of this MOU, or I the application thereof to any of the Parties, is for any reason held invalid or unenforceable, the validity of the remainder of i e MOU shall not be affected thereby and may be enforced by the Parties to this MOU\ g. Notices: All notices, demands and communications between the City and the Foundation shall be in writing and shall be given by personal delivery, registered mail (return receipt requested, with postage prepaid), Federal Express, electronic mail, or any other reliable private express delivery service to the following addresses: City of Palm Springs 3200 E. Tahquitz Canyon Palm Springs, CA 92262 Attn: City Manager 8 55575.18200\40893611.6 Palm Springs Public Library Foundation Way 300 S. Sunrise Way Palm Springs, CA 92262 Attn: President Library Board of Trustees, April 4, 2023, pg. 21 The foregoing names, addresses may be changed at any time by written notice, as provided above. h. Interpretation. This MOU has been prepared jointly by the Parties, with full access to legal counsel of their own. No ambiguity shall be resolved against any Party on the premise that it or its attorneys were solely responsible for drafting this MOU or any provision thereof. i. Counterparts. This MOU may be executed electronically, and in one or more counterparts, each of which shall constitute an original. IN WITNESS, WHEREOF, the Parties enter into this Understanding•as ofthe Effective Date. 9 55575.18200\40893611.6 f t�� Library Board of Trustees, April 4, 2023. pg. 22 SIGNATURE PAGE TO MEMORANDUM OF UNDERSTANDING BETWEEN THE PALM SPRINGS PUBLIC LIBRARY FOUNDATION AND THE CITY OF PALM SPRING!%s� PALM SPRINGS PUBLIC LIBRARY CITY OF PAJ]M,SPRINGS FOUNDATION By: _ B�y:� ' �. David Sidley, President tt C.,S�tiles City Manage Date: Date:\ By: Serena Leiterman, Secretary \\-� A-T-�EST: Date: Clerk APPROVED AS TO FORM: Bv: 0 55575.18200\40893611.6 Jeffrey S. Ballinger City Attorney Library Board of Trustees, April 4, 2023, pg. 23 Non -Renovation Donations "Day-to-day" donations that come to the various organizations. - Friends of the Palm Springs ' DONATION Palm Springs Library Board of Palm Springs Public L'ib�ary DESTINATION Public Library Trustees Public Library -t r � foundaQ h,. Funds held: Fundraising mission: All Library - specific monetary donations are received and passed through to the Library Board of Trustees. Exception: Donations made to the Library and earmarked for books go to Librarys book budget SEE Library Board of Trustees Donations are placed in the Library Trust Fund, held in trust by the City of Palm Springs. Supports any and all activities at the library Funds are held with the bank and investment accounts of the Friends of the Palm Springs Library. Supports any and all activities at the library but primarily focused on "smaller" projects, like Library programs and single -room furniture projects Funds are held with the bank and investment accounts of the Palm Springs Public Library Foundation. Supports any and all activities at the library but primarily focused on "larger" projects, like the library renovation Board of Trustees, April 4, 2023, pg. 24 Funding direction: SEE Library Board of Trustees Library Board of Trustees authorize and oversee donation projects using City of Palm Springs procurement and contracting requirements. Project funding requests can be made by Library Director or Library Board of Trustees. Both parties must mutually agree to fund project. Friends can either buy items directly as agift to the City Library or donate funds to the Library's City accounts for expenditure. Project funding requests can be made by Library Director or Friends Board of Directors. Both parties must mutually agree to fund oroiect. Foundation can either buy items directly as a gift to the City Library or donate funds to the Library's City accounts for expenditure. Project funding requests can be made by Library Director or Foundation Board. Both parties must mutually agree to fund project. Renovation -Specific, Non -Naming Rights Donations Donations that come to the various organizations for the purpose of renovating the Main Palm Springs Public Library. Naming rights are not attached to these donations and can be applied to any area of the building renovation. -. " ,,�+ •. `- „Friendsof'fhe �.fPl Springs, y y DONATION, .(Palm Spnngs Library Board of�Falm Springs rPubhc Library DESTINATION • r.Pubhc#Liibrary - ,e Trustees -, ,r. < i f?ubhc Library t�?Foundation Funds held: All Library - specific monetary donations are received and passed through to the Library Board of Trustees Building Fund. Donations are placed in the Library Trust Building Fund, held in trust by the City of Palm Springs. The City of Palm Springs, underthe authorization of the Library Board of Trustees uses these funds for Main Library Renovation expenditures. Friends of the Library passes non -naming rights, renovation - specific donations through to the City of Palm Springs to be held in the Library Trust Building Fund. i Board of Trustees, April # Foundation passes non - naming rights, renovation - specific donations through to the City of Palm Springs to be held in the Library Trust Building Fund. , 2023, pg. 25 Renovation -Specific, Naming Rights Donations Donations with Naming Rights attached that come to the various organizations for the purpose of renovating the Main Palm Springs Public Library. While the funds are donated with the agreement that naming rights are attached, the funds can be spent on any part of the Main Library Renovation. While every organization can accept Naming Rights donations, it is recommended that ALL Naming Rights donations go directly to the Palm Springs Public Library Foundation. Palm Springs Public Library Foundation is the organization responsible for recruiting and recommending naming rights to the City of Palm Springs. ' :Friends off they • +Palm'SPrings DONATION Palm iSprings, - Librairy Board of ;'Palm SpriinngMs,,� .p .Public Library DESTINATION Public Library Trustees Public Li6fary' Foundation Funds held: All Library- Donations are Friends of the Foundation specific monetary placed in the Library passes follows Naming donations are Library Trust naming rights, Rights donation received and Building Fund, renovation- guidelines set passed through to held in trust by the specific forth in the Library Board City of Palm donations to Memorandum of of Trustees Springs. The City of Library Understanding Building Fund. Palm Springs, Foundation. between the Palm Library Director under the Springs Public coordinates with authorization of Library donor and Library the Library Board Foundation and Foundation to of Trustees uses the City of Palm ensure no these funds for Springs. duplication of Main Library naming rights. Renovation In summary, The expenditures. City of Palm Library Director Springs has 30 coordinates with calendar days to donor and Library review and Foundation to approve or deny proposed Naming ensure no duplication of Rights naming rights. Opportunities. Library Director approves or disapproves proposed Naming Rights Libral Board of Trustees, April , 2023, pg. 26 a 0 Opportunities up to $25,000. City Manager approves or disapproves proposed Naming Rights Opportunities of $25,001- $100,000. City Council approves or disapproves proposed Naming Rights Opportunities in excess of $100,000. Foundation passes naming rights, renovation - specific donations through to the City of Palm Springs to be held in the Library Trust Building Fund. Library Board of Trustees, April 4, 2023, pg. 27