HomeMy WebLinkAbout2023-04-04 LBOT Board PacketLIBRARY BOARD OF TRUSTEES
CITY OF PALM SPRINGS, CALIFORNIA
www.palmspringslibrary.gov
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/j/85958290008?pwd=cUV6NDJuTndZVk1TcEtYUEdSWU
dpQT09 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 jeannie.kays@palmspringsca.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
Al 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
I.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
at the 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.palmspringslibrary.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 Page 2 of 4
Tuesday, April 4, 2023
Acceptance of Agenda:
Motion: Second: Approved: Opposed: Abstention Names(s):
III.PUBLIC COMMENTS: This time has been set aside for members of the public to addressthe Library Board of Trustees on Agenda items; and items of general interest within thesubject matter within jurisdiction of the City. Although the Library Board of Trusteesvalues your comments, pursuant to the Brown Act, it generally cannot take any action onitems 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 Page 3 of 4
Tuesday, April 4, 2023
B. REVIEW FLOW CHART FOR DONATIONS
Motion: Second: Approved: Opposed: Abstention Names(s):
VIII. TRUSTEE/STAFF COMMENTS/FUTURE AGENDA ITEMS
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.
THE PUBLIC IS INVITED TO PARTICIPATE
COMMITTEES:
STANDING:
ADVOCACY MCBRIDE/BORBA
BUDGET JONES/GARNER
BUILDINGS BORBA/NORGARD
POLICIES/BYLAWS GARNER/NORGARD
AD HOC:
FOUNDATION LIAISON JONES/MCBRIDE
FRIENDS LIAISON BORBA
MEASURE J LIAISON JONES
AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, 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
Library Board of Trustees Page 4 of 4
Tuesday, April 4, 2023
P U B L I C N O T I C E S
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
Board of Library Trustees Minutes: March 1, 2023 1
PALM SPRINGS PUBLIC LIBRARY
BOARD OF LIBRARY TRUSTEES
MINUTES
Palm Springs Public Library March 1, 2023
City Hall Large Conference Room
Teleconference via Zoom
1.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.
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 24th is open to members only, 25th 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 1st. It will feature two local authors discussing their upcoming books.
Tickets are available on the Foundation website.
Library Board of Trustees, April 4, 2023, pg. 5
Board of Library Trustees Minutes: March 1, 2023 2
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 II.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 III.d. on City’s Prior Approval. In
sections III.d.i., ii., and iii. Julie Warren suggested adding “…and set length of term.”
The City Attorney added III.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.
Library Board of Trustees, April 4, 2023, pg. 6
Board of Library Trustees Minutes: March 1, 2023 3
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 II.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. TRUSTEE/STAFF 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
Library Board of Trustees, April 4, 2023, pg. 7
LIBRARY STATISTICS 2023 2022 %CHANGE
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 1,547 526 194%
COMPUTER SESSIONS (WMML)2,908 99 237%
WiFi SESSIONS 1,576 663 138%
WiFi SESSIONS (WMML)149 105 42%
PASSPORTS PROCESSED 92 54 70%
PROGRAMMING
PRESCHOOL
In Person Programs 4 0 -
Attendance 93 0 -
Self- Directed Programs 0 0 -
Self- Directed Completed 0 0 -
SCHOOL AGE
Programs 5 0 -
Attendance 213 0 -
Self- Directed Programs 2 0 -
Self- Directed Completed 100 0 -
FAMILY
Programs 2 0 -
Attendance 120 0 -
TEEN
Programs 9 0 -
Attendance 31 0 -
Self- Directed Programs 1 4 -
Self- Directed Completed 30 78 -
ADULT
Programs 11 2 -
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 -
February 2023 vs. February 2022
Library Board of Trustees, April 4, 2023, pg. 8
City of Palm Springs, CA
BALANCE SHEET FOR 2023 8
Report generated: 03/28/2023 16:10
User: JeannieK
Program ID: glbalsht
Page 1
NET CHANGE ACCOUNT
FUND: 151 Library Endowment Fund FOR PERIOD BALANCE
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 .00 1,783,976.22
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 .00 -1,783,976.22
TOTAL LIABILITIES + FUND BALANCE .00 -1,783,976.22
** END OF REPORT - Generated by Jeannie Kays **
Library Board of Trustees, April 4, 2023, pg. 9
City of Palm Springs, CA
ACCOUNT TRIAL BALANCE FOR FY23/JAN TO FEB
Report generated: 03/28/2023 16:14
User: JeannieK
Program ID: glatrbal
Page 1
FUND 151
ACCOUNT
ACCOUNT NAME ORG BEG. BALANCE DEBITS CREDITS NET CHANGE END BALANCE
PER JNL SRC EFF DATE REFERENCE
151 10005
Operating Bank Account 151 1,827,566.46
1,827,566.46 .00 .00 .00 1,827,566.46
151 10006
Cash - Fair Market Value Adj 151 -36,721.22
-36,721.22 .00 .00 .00 -36,721.22
151 10299
Unrealized Investments 151 -6,869.02
-6,869.02 .00 .00 .00 -6,869.02
151 29000
Fund Balance Unreserved 151 -1,773,194.42
-1,773,194.42 .00 .00 .00 -1,773,194.42
151 29320
Budgetary FB Unreserved 151 1,801,860.27
1,801,860.27 .00 .00 .00 1,801,860.27
151 29330
Appropriations 151 -1,801,860.27
-1,801,860.27 .00 .00 .00 -1,801,860.27
151 29335
Encumbrance Control 151 20,000.00
20,000.00 .00 .00 .00 20,000.00
151 29345
Budgetary FB Reserve for Encum 151 -20,000.00
-20,000.00 .00 .00 .00 -20,000.00
TOTALS FOR FUND 151
Library Endowment Fund 10,781.80 .00 .00 .00 10,781.80
Library Board of Trustees, April 4, 2023, pg. 10
ALL LIBRARY EXPENDITURE ACCOUNTS
3/28/23
Org Object Description Budgeted YTD Spent 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 TRUST FUNDS
Library Board of Trustees, April 4, 2023, pg. 11
ALL LIBRARY EXPENDITURE ACCOUNTS
3/28/23
1004000 40000 Salaries Full Time 1,232,760.00 762,489.49 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 29,788.63 500.00 159,448.37
MAIN LIBRARY
WELWOOD MURRAY MEMORIAL LIBRARY
Library Board of Trustees, April 4, 2023, pg. 12
DATE DONOR AMOUNT DESIGNATION
11/14/2022 BARBARA ROSENBERG 800.00$
12/1/2022 JANICE FULLER & DELORES BITTERMAN 50.00$
TOTAL 850.00$
PALM SPRINGS PUBLIC LIBRARY
2022-23 DONATIONS
LAST UPDATED MARCH 28, 2023
Library Board of Trustees, April 4, 2023, pg. 13
55575.18200\40893611.6
1
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 any legally required approval by the
governing bodies of the Parties.
RECITALS
WHEREAS, the City is a charter city and California municipal corporation;
WHEREAS, the Palm Springs Library Board of Trustees (“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 nonprofit public benefit corporation in the
State of California on June 3, 2014;
WHEREAS, the Foundation was created to engage in the solicitation, receipt, and
administration of funds and property, and from time to time, to disburse such funds, property and
the income thereof to, or for the benefit of, the Palm Springs Public Library system;
WHEREAS, the Foundation intends 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 be named for specific donors depending on the amount
donated;
WHEREAS, the Parties desire to enter this memorandum of understanding to clearly
delineate the responsibilities 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:
Library Board of Trustees, April 4, 2023, pg. 14
55575.18200\40893611.6
2
I. OBLIGATIONS OF THE CITY
a. 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 a legally separate, independent entity with
its own governing body.
b. Coordination
i. Provide support for mutually agreed upon Foundation programs, budgets,
projects, fundraising activities, and/or reports.
ii. Provide staff consulting and technical assistance for mutually agreed
upon improvement programs and projects whenever possible.
iii. Assist the Foundation’s coordination with other agencies, as needed.
iv. Hold a regular meeting, at a minimum annually, between the City and the
Foundation to discuss matters mutually agreed upon between the City and
the Foundation.
v. The Director of Library Services shall be the primary contact on behalf of
the City.
c. Maintenance Standards
i. Except as may be set forth in one or more Facility Use Agreements, the City
shall be solely responsible for maintaining all Palm Springs Public Library
system facilities in good condition, substantial repair, in a safe, clean and
sanitary condition, and in compliance with all rules, regulations, ordinances,
or laws.
d. Finances
i. Any funds 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 II.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).
e. Services Offered to Foundation
i. 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
55575.18200\40893611.6
3
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 to erect and/or install signage
and other Library Elements (as defined in Section III.a, below) at Palm
Springs Public Library system facilities. The approval, permitting and
display of such signage shall be subject to the City’s laws and regulations.
Foundation will pay for the signage and City shall provide personnel to
assist in erecting and/or installing the signage at the Palm Springs Public
Library system facilities. Notwithstanding the foregoing, for electronic
signage, the City shall pay for, maintain, and update such electronic signage
for Palm Springs Public Library events and for donor recognition.
viii.Contributions. The Board may, in its sole and absolute discretion, disburse
funds to the Foundation to assist the Foundation in its fundraising efforts
for the benefit of the Palm Springs Public Library system. The Board shall
consider contribution requests made in accordance with Section II.d below.
II.OBLIGATIONS OF THE FOUNDATION
a.Governance/Administration
i.Register with the Internal Revenue Service (IRS) and California Franchise
Tax Board (FTB) as a non-profit organization, and maintain such status.
ii.Meet federal, state and local charitable solicitation requirements, if the
Foundation solicits funds.
iii.Obtain 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
and its activities when deemed appropriate by the President of the Foundation.
v.Prior to any use of the name, likeness and logo of the City and the Palm Springs
Public Library the Foundation shall receive approval of the Director of Library
Services, or his or her designee.
b.Coordination
i.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
55575.18200\40893611.6
4
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 1 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-profit 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 all funds donated to the Foundation 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 Foundation 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 for new or ongoing programs and services at the Palm
Springs Public Library, 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
(including expenses for alcohol).
iii.Each contribution request submitted to the Board shall include the
following items/information in order to be considered by the Board:
1.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
Library Board of Trustees, April 4, 2023, pg. 17
55575.18200\40893611.6
5
a. Right to Issue Naming Rights. The Parties acknowledge and agree that the
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 Naming Rights Term
Less than $5,000 1 years
$5,001 to $10,000 5 years
$10,001 to $50,000 10 years
$50,001 to $100,000 15 years
$100,001 or More 20 years
c. Termination of Naming Right. Notwithstanding the specified Naming Rights
Term, if the Library Element must be replaced or substantially repaired, it may be renamed
for a new donor. The Naming Rights Opportunity may additionally be terminated under
the following circumstances:
i. Foundation and the City shall each individually retain the right to rescind
the naming rights if, in their 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 donation 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.
Library Board of Trustees, April 4, 2023, pg. 18
55575.18200\40893611.6
6
i. 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 a
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 City 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. Other than reasonable Foundation operating
expenses, the Foundation will use all donations it receives for the benefit of the Palm Springs
Public Library system, including the restoration, operation (including programs and services),
ongoing maintenance, and improvement of the Palm Springs Public Library System. Foundation
shall provide City the proceeds from the Naming Rights within thirty (30) days of receipt from
donor. If Foundation determines operating expenses are necessary to be retained from the
donation, the Foundation shall provide the Director of Library Services documentation of the
expense and justification for retaining the operating expense. If the Director of Library Services
does not agree to the retaining of the operating expense, a hearing shall be held before the Board
to determine if the operating expense is justified. If the Board determines the operating expense
is not justified, Foundation shall return the withheld proceeds of the donation to the City within
thirty (30) days from the Board hearing.
f. Costs. Any direct costs incurred in connection with the issuance of Naming Rights
Opportunities shall be assumed and paid entirely by the Foundation or by Donors. As further
described below, this includes, without limitation, the cost of signage, plaques, name plates,
changes in lighting, and the like, and the cost of any marketing materials or events required to
identify and engage prospective donors. Foundation shall be responsible for repairing any damage
to any signage, plaques, or name plates. City shall not obligated to replace any Library Element
or signage, plaque, or name plate that is damaged or destroyed. Any donor with naming rights to
the damaged Library Element shall be honored in an alternative method at the sole discretion of
the Director of Library Services.
g. No Property Interest. 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
Library Board of Trustees, April 4, 2023, pg. 19
55575.18200\40893611.6
7
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
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 (10) years to commence upon the
Expiration Date. To exercise this option to renew, a party must deliver to the other
party a written notice of its exercise of the option to renew at least sixty (60) days
prior to the Expiration Date.
b. Any modifications, assignments, alterations, or extensions must be in writing,
signed, and approved by both Parties.
c. This MOU may be terminated by either Party upon 30 days written notice.
d. 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
the Term.
VII. INDEMNITY
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
Library Board of Trustees, April 4, 2023, pg. 20
55575.18200\40893611.6
8
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 or any portion of its rights or
obligations under this MOU to any third party, without obtaining the prior 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 void.
b. Binding Effect. This MOU shall be binding on all heirs, successors and assigns of
the Foundation and the City.
c. Entire Agreement. This MOU contains the entire agreement and understanding of
the Parties on this subject. The City and the Foundation understand, acknowledge and agree that
no Party, or any agent or attorney for any Party, has made any promise, representation or warranty
of any kind whatsoever, express or implied, not contained herein to induce the execution of this
MOU. The City and the Foundation understand, acknowledge and agree that this MOU has not
been executed in reliance upon any promise, representation, or warranty 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 shall be conducted in Riverside County, California.
e. Warranty of Authority. The persons executing this MOU on behalf of the City and
the Foundation represent and warrant that they are duly authorized to execute this MOU and to
bind their respective Party to all terms and conditions of this MOU.
f. Severability. If any section, subsection, sentence, clause or phrase of this MOU, or
the application thereof to any of the Parties, is for any reason held invalid or unenforceable, the
validity of the remainder of the 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 Palm Springs Public Library Foundation
3200 E. Tahquitz Canyon Way 300 S. Sunrise Way
Palm Springs, CA 92262 Palm Springs, CA 92262
Attn: City Manager Attn: President
Library Board of Trustees, April 4, 2023, pg. 21
55575.18200\40893611.6
9
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 of the Effective Date.
Library Board of Trustees, April 4, 2023, pg. 22
55575.18200\40893611.6
10
SIGNATURE PAGE
TO
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE PALM SPRINGS PUBLIC LIBRARY FOUNDATION
AND
THE CITY OF PALM SPRINGS
PALM SPRINGS PUBLIC LIBRARY
FOUNDATION
CITY OF PALM SPRINGS
By: ___________________________
David Sidley, President
Date: ___________________
By: ___________________________
Scott C. Stiles City Manager
Date: ___________________
By: ___________________________
Serena Leiterman, Secretary
Date: ___________________
ATTEST:
By: ___________________________
Brenda F. Pree, MMC, CERA, City
Clerk
APPROVED AS TO FORM:
By: ___________________________
Jeffrey S. Ballinger
City Attorney
Library Board of Trustees, April 4, 2023, pg. 23
"Day-to-day" donations that come to the various organizations.
Donation Flow Chart
PALM SPRINGS PUBLIC LIBRARY
Non-Renovation Donations
DONATION
DESTINATION
Palm Springs
Public Library
Library Board of
Trustees
Friends of the
Palm Springs
Public Library
Palm Springs
Public Library
Foundation
Funds held: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
Library's book
budget
Donations are
placed in the
Library Trust Fund,
held in trust by the
City of Palm
Springs.
Funds are held
with the bank
and investment
accounts of the
Friends of the
Palm Springs
Library.
Funds are held
with the bank and
investment
accounts of the
Palm Springs
Public Library
Foundation.
Fundraising
mission:
SEE Library Board
of Trustees
Supports any and
all activities at the
library
Supports any
and all activities
at the library but
primarily
focused on
"smaller"
projects, like
library programs
and single-room
furniture
projects
Supports any and
all activities at the
library but
primarily focused
on "larger"
projects, like the
library renovation
Library Board of Trustees, April 4, 2023, pg. 24
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.
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 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
Friends Board of
Directors. Both
parties must
mutually agree to
fund project.
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
DONATION
DESTINATION
Palm Springs
Public Library
Library Board of
Trustees
Friends of the
Palm Springs
Public Library
Palm Springs
Public Library
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,
under the
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.
Foundation
passes non-
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. 25
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.
Renovation-Specific, Naming Rights Donations
DONATION
DESTINATION
Palm Springs
Public Library
Library Board of
Trustees
Friends of the
Palm Springs
Public Library
Palm Springs
Public Library
Foundation
Funds held:All Library-
specific monetary
donations are
received and
passed through to
the Library Board
of Trustees
Building Fund.
Library Director
coordinates with
donor and Library
Foundation to
ensure no
duplication of
naming rights.
Donations are
placed in the
Library Trust
Building Fund,
held in trust by the
City of Palm
Springs. The City of
Palm Springs,
under the
authorization of
the Library Board
of Trustees uses
these funds for
Main Library
Renovation
expenditures.
Library Director
coordinates with
donor and Library
Foundation to
ensure no
duplication of
naming rights.
Friends of the
Library passes
naming rights,
renovation-
specific
donations to
Library
Foundation.
Foundation
follows Naming
Rights donation
guidelines set
forth in
Memorandum of
Understanding
between the Palm
Springs Public
Library
Foundation and
the City of Palm
Springs.
In summary, The
City of Palm
Springs has 30
calendar days to
review and
approve or deny
proposed Naming
Rights
Opportunities.
Library Director
approves or
disapproves
proposed Naming
Rights
Library Board of Trustees, April 4, 2023, pg. 26
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