The URL can be used to link to this page

Home My WebLink About2025-03-05 LBOT Board PacketLIBRARY BOARD OF TRUSTEES CITY OF PALM SPRINGS, CALIFORNIA www.palmspringslibrary.gov REGULAR MEETING AGENDA WEDNESDAY, MARCH 5, 2025 5:30 P.M. On Site: Meeting will be held in person at City Hall in the Large Conference Room. 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Via Zoom: To view/listen/participate in the meeting live, please use the following link: https://us02web.zoom.us/j/85958290008?pwd=cUV6NDJuTndZVk1TcEtYUEdSWUdpQT09 or call 1-669-900-6833, Meeting ID: 859 5829 0008, Passcode: 090845 Alternate Meeting Location: Calle Cafeto 16 D’Terrace 101 Colonia Amapas 48399 Puerto Vallarta, Jalisco, México •Any person who wishes to provide public testimony for an item on the agenda is requested to sign in before the Public Testimony portion of the meeting. •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 Juanita Garner, Chair David Norgard, Vice-Chair Al Jones, Treasurer Deborah Schwarz, Trustee Trustee: Vacant 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 Library Board of Trustees, March 5, 2025, pg. 1 Library Board of Trustees Page 2 of 4 Wednesday, March 5, 2025 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., February 26, 2025. A 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. 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 February 5, 2025 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.TREASURER’S REPORT Acceptance of Treasurer’s Report: Motion: Second: Approved: Opposed: Abstention Names(s): Library Board of Trustees, March 5, 2025, pg. 2 Library Board of Trustees Page 3 of 4 Wednesday, March 5, 2025 VII.DISCUSSION/ACTION ITEMS A.LIBRARY FOUNDATION MID-YEAR REPORT Motion: Second: Approved: Opposed: Abstention Names(s): B.REVIEW LIST OF PROPOSED LIBRARY FOUNDATION NAMING RIGHTS OPPORTUNITIES Motion: Second: Approved: Opposed: Abstention Names(s): C. DISCUSSION-LIBRARY RENOVATION UPDATES AND TEMPORARY LIBRARY LOCATION STATUS Motion: Second: Approved: Opposed: Abstention Names(s): VIII.COMMITTEE REPORTS IX.TRUSTEE/STAFF COMMENTS/FUTURE AGENDA ITEMS X.ADJOURNMENT: The meeting of the Library Board of Trustees will adjourn to its next scheduled meeting at 5:30 p.m. on Wednesday, April 2, 2025. The Palm Springs Public Library Board of Trustees meets at 5:30 p.m. on the 1st Wednesday of every month, except January 8, 2025, and October 16, 2025. There is no meeting in August. THE PUBLIC IS INVITED TO PARTICIPATE Library Board of Trustees, March 5, 2025, pg. 3 Library Board of Trustees Page 4 of 4 Wednesday, March 5, 2025 COMMITTEES: STANDING: ADVOCACY GARNER BUDGET JONES/GARNER BUILDINGS GARNER/NORGARD POLICIES/BYLAWS GARNER/NORGARD AD HOC: FOUNDATION LIAISON JONES/SCHWARZ FRIENDS LIAISON NORGARD/SCHWARZ 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 February 26, 2025, and posted on the City’s website as required by established policies and procedures. ____________________________ Jeannie Kays, MLIS Director of Library Services 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 Arun Mayani at 760-416-5653 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, March 5, 2025, pg. 4 DRAFT Board of Library Trustees Minutes: February 5, 2025 1 PALM SPRINGS PUBLIC LIBRARY BOARD OF LIBRARY TRUSTEES MINUTES Palm Springs Public Library February 5, 2025 City Hall Large Conference Room 1.CALL TO ORDER Vice-Chair Garner called the meeting to order at 5:30 p.m. ROLL CALL PRESENT Juanita Garner Yes Al Jones No David Norgard Yes Deborah Schwarz Yes STAFF PRESENT: Jeannie Kays, Director of Library Services. CITY STAFF PRESENT: Lisa Brock, Assistant Director of Library Services, Julie Warren, Public Relations Manager, and Arun Mayani, Administrative Assistant PUBLIC PRESENT: Kendall Balchan, Robert Engel, Craig Borba, Al Jones (as a guest), and Peter Pearson 2.ACCEPTANCE OF THE AGENDA: MOTION: (Norgard/Schwarz, 3-0) To accept the agenda. 3.PUBLIC COMMENTS: Al Jones gave public comments. 4.CONSENT AGENDA MOTION: (Schwarz/Norgard, 3-0) To approve the consent agenda. 4. A. Meeting Minutes of November 6, 2024, and January 8, 2025 4. B. Library Statistics 4.C. Donation Report 5.ADMINISTRATIVE REPORTS 5.A. Friends of the Palm Springs Library Julie Warren gave the report. 5.B. Palm Springs Public Library Foundation Peter Pearson gave the report. 5.C. Library Staff Library Director Jeanne Kays and Julie Warren gave the report. 6.TREASURER’S REPORT Library Board of Trustees, March 5, 2025, pg. 5 DRAFT Board of Library Trustees Minutes: February 5, 2025 2 Library Director Jeanne Kays gave the report. MOTION: (Norgard/Schwarz, 3-0) To accept the Treasurer’s report. 7. DISCUSSION/ACTION ITEMS 7. A. ACCEPT THE RESIGNATION OF LIBRARY BOARD OF TRUSTEES CHAIR CRAIG BORBA. ED. D. AND APPOINT VICE-CHAIR JUANITA GARNER TO THE POSITION OF CHAIR MOTION: (Norgard/Schwarz, 3-0) To accept the resignation of Library Board of Trustees Chair Craig Bobra and appoint Vice-Chair Juanita Garner to the position of Chair. 7. B. ELECT VICE-CHAIR OF LIBRARY BOARD OF TRUSTEES MOTION: (Schwarz/Garner, 3-0) To elect Trustee David Norgard to the position of Vice-Chair. 7. C. TRUSTEES TO VOLUNTEER FOR ADVOCACY COMMITTEE, BUILDINGS COMMITTEE AND FRIENDS LIAISON (IF DESIRED, CAN FILL TEMPORARILY AND REASSIGN WHEN NEW MEMBER ARE ADDED) Chair Garner volunteered for the Advocacy and Building Committees. Vice-Chair Norgard and Trustee Schwarz volunteered to share the role of Friends Liaison. 7. D. ACCEPT TWO VOLUNTEERS FOR FISCAL 2025-26/2026-27 TWO-YEAR BUDGET ADHOC SUBCOMMITTEE Chair Garner volunteered to be on the FY 2025-26/2026-27 Budget Ad Hoc Subcommittee. It was suggested that Treasurer Jones might want to volunteer. Director Kays will confirm with Treasurer Jones. 7. E. RECEIVE GIFT OF $3,000 FROM LYNDA JARMAN AND ALLOCATE FUNDS TO TRUST FUND BOOKS ACCOUNT OF $3,000 FOR THE PURCHASE OF BOOKS FOR THE PURCHASE OF BOOKS MOTION: (Schwarz/Norgard, 3-0) To accept donation of $3,000 to be used for the purchase of Library books. 7. F. DISCUSSION-LIBRARY RENOVATION UPDATES AND TEMPORARY LIBRARY LOCATION STATUS Library Director Jeannie Kays discussed the updates on the Library Renovation and the temporary location status. 8. COMMITTEE REPORTS No action. 9. TRUSTEE/STAFF COMMENTS/FUTURE AGENDA ITEMS None. Library Board of Trustees, March 5, 2025, pg. 6 DRAFT Board of Library Trustees Minutes: February 5, 2025 3 10.ADJOURNMENT The February meeting adjourned at 6:26 p.m. RESPECTFULLY SUBMITTED, Jeannie Kays Director of Library Services Library Board of Trustees, March 5, 2025, pg. 7 DATE DONOR AMOUNT DESIGNATION 12/23/2024 LYNDA JARMAN 3,000.00$ BOOKS TOTAL 3,000.00$ 2024-25 DONATIONS LAST UPDATED FEBRUARY 26, 2025 Library Board of Trustees, March 5, 2025, pg. 8 LIBRARY STATISTICS 2024 2023 %CHANGE MATERIALS CHECKED OUT 23,309 24,263 -4% Print 14,533 15,842 -8% Media 8,776 8,368 5% Downloads & In-house 6,378 7,368 -13% LIBRARY CARD REGISTRATIONS 317 377 -16% Palm Springs Resident 126 169 -25% California Resident 125 129 -3% Out of State 66 79 -16% DOOR COUNT 13,846 13,012 6% DOOR COUNT (WMML)3,235 2,780 16% COMPUTER SESSIONS 2,183 1,883 16% COMPUTER SESSIONS (WMML)371 329 13% WiFi SESSIONS 2,302 2,016 14% WiFi SESSIONS (WMML)242 160 51% PASSPORTS PROCESSED 66 61 8% PROGRAMMING PRESCHOOL In Person Programs 4 6 -33% Attendance 62 88 -30% Self- Directed Programs 0 0 - Self- Directed Completed 0 0 - SCHOOL AGE Programs 3 4 -25% Attendance 67 115 -42% Self- Directed Programs 1 1 0% Self- Directed Completed 12 100 -88% FAMILY Programs 0 0 - Attendance 0 0 - TEEN Programs 4 9 -56% Attendance 52 64 -19% Self- Directed Programs 0 0 - Self- Directed Completed 0 0 - ADULT Programs 19 15 27% Attendance 343 382 -10% Virtual Programs 3 3 0% Virtual Attendance 43 50 -14% Self- Directed Programs 0 0 - Self- Directed Completed 0 0 - TOTAL Programs 30 34 -12% Attendance 524 649 -19% Virtual Programs 3 3 0% Virtual Attendance 43 50 -14% Self-Directed Programs 1 1 0% Self-Directed Completed 12 100 -88% January 2025 vs. January 2024 Library Board of Trustees, March 5, 2025, pg. 9 City of Palm Springs, CA BALANCE SHEET FOR 2025 8 Report generated: 02/12/2025 08:24 User:ArunM Program ID: glbalsht Page 1 NET CHANGE ACCOUNT FUND: 151 Library Endowment Fund FOR PERIOD BALANCE ASSETS 151 10005 Operating Bank Account .00 1,578,734.32 151 12105 Interest Receivable .00 3,958.04 TOTAL ASSETS .00 1,582,692.36 FUND BALANCE 151 29000 Fund Balance Unreserved .00 -1,691,061.59 151 29310 Revenue Control .00 -41,630.77 151 29315 Expenditure Control .00 150,000.00 151 29320 Budgetary FB Unreserved .00 1,650,809.81 151 29325 Estimated Revenue .00 43,000.00 151 29330 Appropriations .00 -1,693,809.81 TOTAL FUND BALANCE .00 -1,582,692.36 TOTAL LIABILITIES + FUND BALANCE .00 -1,582,692.36 ** END OF REPORT - Generated by Arun Mayani ** Library Board of Trustees, March 5, 2025, pg. 10 City of Palm Springs, CA ACCOUNT TRIAL BALANCE FOR FY25/JUL TO FEB Report generated: 02/12/2025 08:26 User: ArunM 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 1,703,022.78 1,703,022.78 .00 .00 .00 1,703,022.78 151 10006 Cash - Fair Market Value Adj 151 -12,919.23 -12,919.23 .00 .00 .00 -12,919.23 151 12105 Interest Receivable 151 3,958.04 3,958.04 .00 .00 .00 3,958.04 151 20010 Accounts Payable Control 151 -3,000.00 -3,000.00 .00 .00 .00 -3,000.00 151 29000 Fund Balance Unreserved 151 -1,691,061.59 -1,691,061.59 .00 .00 .00 -1,691,061.59 151 29335 Encumbrance Control 151 9.19 9.19 .00 .00 .00 9.19 151 29345 Budgetary FB Reserve for Encum 151 -9.19 -9.19 .00 .00 .00 -9.19 TOTALS FOR FUND 151 Library Endowment Fund .00 .00 .00 .00 .00 Library Board of Trustees, March 5, 2025, pg. 11 City of Palm Springs, CA ACCOUNT DETAIL HISTORY FOR 2025 00 TO 2025 13 Report generated: 02/26/2025 16:47 User: JeannieK Program ID: glacthst Page 1 ORG OBJECT PROJ NET LEDGER NET BUDGET YR/PR JNL EFF DATE SRC REF1 REF2 REF3 CHECK # OB AMOUNT BALANCE BALANCE 151 10005 Operating Bank Account SOY BALANCE 1,703,022.78 25/01 250228 07/18/24 APP 071824 -3,000.00 1,700,022.78 25/02 250248 08/15/24 APP 081524 -150,000.00 1,550,022.78 25/03 250459 09/30/24 GEN Q1 INT Q1 INT ALL Q1 INT ALLOC 13,356.27 1,563,379.05 25/05 250237 11/18/24 GNI RVRS FMV24 -12,919.23 1,550,459.82 25/05 250237 11/18/24 GNI RVRS FMV24 12,919.23 1,563,379.05 25/06 250259 12/12/24 CRP 3,000.00 1,566,379.05 25/06 250500 12/31/24 GEN Q2 INT Q2 INT ALL Q2 INT ALLOC 12,355.27 1,578,734.32 LEDGER BALANCES --- DEBITS: 1,744,653.55 CREDITS: -165,919.23 NET: 1,578,734.32 151 10006 Cash - Fair Market Value Adj SOY BALANCE -12,919.23 25/05 250237 11/18/24 GNI RVRS FMV24 12,919.23 .00 LEDGER BALANCES --- DEBITS: 12,919.23 CREDITS: -12,919.23 NET: .00 151 12105 Interest Receivable SOY BALANCE 3,958.04 LEDGER BALANCES --- DEBITS: 3,958.04 CREDITS: .00 NET: 3,958.04 151 20010 Accounts Payable Control SOY BALANCE -3,000.00 25/01 250228 07/18/24 APP 071824 3,000.00 .00 25/02 250209 08/15/24 API B 4102 -150,000.00 -150,000.00 25/02 250248 08/15/24 APP 081524 150,000.00 .00 LEDGER BALANCES --- DEBITS: 153,000.00 CREDITS: -153,000.00 NET: .00 151 29000 Fund Balance Unreserved SOY BALANCE -1,691,061.59 25/00 250003 07/01/24 SOY -9.19 -1,691,061.59 LEDGER BALANCES --- DEBITS: .00 CREDITS: -1,691,061.59 NET: -1,691,061.59 151 29310 Revenue Control SOY BALANCE .00 25/03 250459 09/30/24 GEN Q1 INT Q1 INT ALL Q1 INT ALLOC -13,356.27 -13,356.27 25/05 250237 11/18/24 GNI RVRS FMV24 -12,919.23 -26,275.50 25/06 250259 12/12/24 CRP -3,000.00 -29,275.50 25/06 250500 12/31/24 GEN Q2 INT Q2 INT ALL Q2 INT ALLOC -12,355.27 -41,630.77 Library Board of Trustees, March 5, 2025, pg. 12 City of Palm Springs, CA ACCOUNT DETAIL HISTORY FOR 2025 00 TO 2025 13 Report generated: 02/26/2025 16:47 User:JeannieK Program ID: glacthst Page 2 ORG OBJECT PROJ NET LEDGER NET BUDGET YR/PR JNL EFF DATE SRC REF1 REF2 REF3 CHECK # OB AMOUNT BALANCE BALANCE LEDGER BALANCES --- DEBITS:.00 CREDITS:-41,630.77 NET:-41,630.77 151 29315 Expenditure Control SOY BALANCE .00 25/02 250209 08/15/24 API B 4102 150,000.00 150,000.00 LEDGER BALANCES --- DEBITS: 150,000.00 CREDITS:.00 NET:150,000.00 151 29320 Budgetary FB Unreserved SOY BALANCE .00 25/01 250373 07/01/24 BUA 2025 B 9.19 9.19 25/01 250374 07/01/24 BUC 2025 B -43,000.00 -42,990.81 25/02 250471 08/29/24 BUA 1,693,800.62 1,650,809.81 LEDGER BALANCES --- DEBITS: 1,693,809.81 CREDITS:-43,000.00 NET: 1,650,809.81 151 29325 Estimated Revenue SOY BALANCE .00 25/01 250374 07/01/24 BUC 2025 B 43,000.00 43,000.00 LEDGER BALANCES --- DEBITS:43,000.00 CREDITS:.00 NET:43,000.00 151 29330 Appropriations SOY BALANCE .00 25/01 250373 07/01/24 BUA 2025 B -9.19 -9.19 25/02 250471 08/29/24 BUA -1,693,800.62 -1,693,809.81 LEDGER BALANCES --- DEBITS:.00 CREDITS: -1,693,809.81 NET: -1,693,809.81 151 29335 Encumbrance Control SOY BALANCE 9.19 25/00 250004 07/01/24 SOY 9.19 9.19 25/05 250399 11/18/24 POM 100128 23000205 -9.19 .00 LEDGER BALANCES --- DEBITS:9.19 CREDITS:-9.19 NET:.00 151 29340 FB Reserve for Encumbrances SOY BALANCE .00 25/00 250003 07/01/24 SOY 9.19 .00 LEDGER BALANCES --- DEBITS:.00 CREDITS:.00 NET:.00 Library Board of Trustees, March 5, 2025, pg. 13 City of Palm Springs, CA ACCOUNT DETAIL HISTORY FOR 2025 00 TO 2025 13 Report generated: 02/26/2025 16:47 User:JeannieK Program ID: glacthst Page 3 ORG OBJECT PROJ NET LEDGER NET BUDGET YR/PR JNL EFF DATE SRC REF1 REF2 REF3 CHECK # OB AMOUNT BALANCE BALANCE 151 29345 Budgetary FB Reserve for Encum SOY BALANCE -9.19 25/00 250004 07/01/24 SOY -9.19 -9.19 25/05 250399 11/18/24 POM 100128 23000205 9.19 .00 LEDGER BALANCES --- DEBITS:9.19 CREDITS:-9.19 NET:.00 151 36000 Interest Income REVISED BUDGET -28,000.00 25/03 250459 09/30/24 GEN Q1 INT Q1 INT ALL Q1 INT ALLOC -13,356.27 -13,356.27 25/06 250500 12/31/24 GEN Q2 INT Q2 INT ALL Q2 INT ALLOC -12,355.27 -25,711.54 LEDGER BALANCES --- DEBITS:.00 CREDITS:-25,711.54 NET:-25,711.54 151 36010 Unrealized Gain Or Loss REVISED BUDGET .00 25/05 250237 11/18/24 GNI RVRS FMV24 -12,919.23 -12,919.23 LEDGER BALANCES --- DEBITS:.00 CREDITS:-12,919.23 NET:-12,919.23 151 37015 Contrib Non-Govt Sources REVISED BUDGET .00 25/06 250259 12/12/24 CRP 10110 119477 LIBR. TRUST FUND -3,000.00 -3,000.00 LEDGER BALANCES --- DEBITS:.00 CREDITS:-3,000.00 NET:-3,000.00 1514010 50205 Library Foundation REVISED BUDGET 352,000.00 25/02 250209 08/15/24 API 104324 65581 2018686 B 150,000.00 150,000.00 LEDGER BALANCES --- DEBITS: 150,000.00 CREDITS:.00 NET:150,000.00 GRAND TOTAL --- DEBITS: 3,951,359.01 CREDITS: -3,842,989.78 NET:108,369.23 47 Records printed ** END OF REPORT - Generated by Jeannie Kays ** Library Board of Trustees, March 5, 2025, pg. 14 ALL LIBRARY EXPENDITURE ACCOUNTS MEETING DATE 3/5/2025 Org Object Description Budgeted YTD Spent Encumbered Available Budget Percent Used 1514010 50201 Future Library Projects 165,134.88 0.00 0.00 165,134.88 0.00 1514010 50202 Trust Fund Books 7,009.19 0.00 0.00 7,009.19 0.00 1514010 50203 Kropitzer Trust Donation 169,665.74 0.00 0.00 169,665.74 0.00 1514010 50205 Library Foundation 352,000.00 150,000.00 0.00 202,000.00 42.61 1514010 50208 Library Renovation 1,000,000.00 0.00 0.00 1,000,000.00 0.00 Unallocated Funds 34,924.51 TOTALS 1,693,809.81 150,000.00 0.00 1,578,734.32 (Operating Bank Account) LIBRARY TRUST FUNDS Library Board of Trustees, March 5, 2025, pg. 15 ALL LIBRARY EXPENDITURE ACCOUNTS MEETING DATE 3/5/2025 Org Object Description Budgeted YTD Spent Encumbered Available Budget Percent Used 1004000 40000 Salaries Full Time 1,454,544.24 691,210.14 0.00 763,334.10 47.52 1004000 40002 Salaries Overtime 5,200.00 3,160.18 0.00 2,039.82 60.77 1004000 40007 Vacancy Savings 0.00 0.00 0.00 0.00 0.00 1004000 40010 Leave Payoffs 18,027.33 18,377.84 0.00 -350.51 101.94 1004000 40020 Fringe Benefits 346,020.75 126,816.29 0.00 219,204.46 36.65 1004000 40045 Medical Insurance Withdrawal 5,023.20 2,925.00 0.00 2,098.20 58.23 1004000 40050 RHS Health Benefit 19,500.00 7,712.50 0.00 11,787.50 39.55 1004000 40055 PERS Retirement Cost 351,959.87 267,626.09 0.00 84,333.78 76.04 1004000 40060 PERS - POB 0.00 0.00 0.00 0.00 0.00 1004000 40065 Workers' Compensation 67,254.43 33,627.22 0.00 33,627.21 50.00 1004000 40095 Medicare Insurance 21,090.89 10,820.59 0.00 10,270.30 51.30 1004000 40100 Retiree Health Benefit 119,800.90 59,900.45 0.00 59,900.45 50.00 1004000 40105 Contractual Services 41,000.00 26,465.41 0.00 14,534.59 64.55 1004000 50005 Training Travel and Dues 15,540.00 3,528.75 0.00 12,011.25 22.71 1004000 50030 Gas and Lubrications 5,151.00 1,220.13 0.00 3,930.87 23.69 1004000 50031 Communications 22,915.00 1,063.42 0.00 21,851.58 4.64 1004000 50035 Materials and Supplies 473,261.76 221,072.30 138,812.13 113,377.33 76.04 1004000 50055 Insurance 132,029.19 66,014.60 0.00 66,014.59 50.00 1004000 50105 Repairs and Maint General 29,348.00 0.00 0.00 29,348.00 0.00 1004000 50117 IT Replacement 0.00 0.00 0.00 0.00 0.00 1004000 50120 Facilities Maintenance Service 252,340.25 126,170.13 0.00 126,170.12 50.00 1004000 50126 Grants Expense 110,927.10 12,729.11 5,788.39 92,409.60 16.69 1004000 50135 Administrative Benefits 0.00 0.00 0.00 0.00 0.00 1004000 50140 Printing 20,000.00 3,029.20 0.00 16,970.80 15.15 1004000 50145 Advertising 12,550.00 1,310.60 0.00 11,239.40 10.44 1004000 50200 Friends of the Library 15,826.45 14,838.30 0.00 988.15 93.76 TOTALS 3,539,310.36 1,699,618.25 144,600.52 1,695,091.59 Org Object Description Budgeted YTD Spent Encumbered Available Budget Percent Used 1004005 40105 Contractual Services 114,330.00 61,926.72 0.00 52,403.28 54.16 1004005 50015 Electricity 30,901.00 19,071.29 0.00 11,829.71 61.72 1004005 50020 Water 2,576.00 932.50 0.00 1,643.50 36.20 1004005 50030 Gas and Lubrications 5,151.00 0.00 0.00 5,151.00 0.00 1004005 50031 Communications 16,000.00 0.00 0.00 16,000.00 0.00 1004005 50038 Welwood Operations 29,031.00 7,296.53 5,000.00 16,734.47 42.36 TOTALS 197,989.00 89,227.04 5,000.00 103,761.96 MAIN LIBRARY WELWOOD MURRAY MEMORIAL LIBRARY Library Board of Trustees, March 5, 2025, pg. 16 PALM SPRINGS PUBLIC LIBRARY FOUNDATION MID YEAR REPORT FOR FISCAL YEAR 2024-2025 FEBRUARY 2025 Library Board of Trustees, March 5, 2025, pg. 17 1 I. President’s Message Our fiscal half year, July 2024 through December 2024 was highlighted by the formation of a Capital Campaign Steering Committee and an affiliated Honorary Committee, a third eventful Pride on the Page, and the reorganization and implementation of a significantly positive Annual Drive. We also tracked the continuing progress of library renovation planning, added experienced and talented Board members including new officers, and participated in a City Council Candidates Forum. We developed a modified Awareness mini- campaign, a new “rack card” succinctly stating our mission, and a “case statement” for use with prospective major donors. We are a proud recipient of a Jane Lykken Hoff bequest at the Inland Empire Community Foundation. Internally, we initiated a documents retention project, added a part-time administrative support person, updated our by-laws, established giving levels for donor recognition, extended Peter Pearson as our part-time Executive Director, and selected a consultant to assist with the Capital Campaign. We are also pleased to report that the Trustees and Foundation have reached a fundraising agreement whereby the Trustees will match contributions made to the Foundation up to $1,000,000. This represents a significant, tangible goal for the Foundation to pursue. I want to thank the Palm Springs Public Library Trustees once again for authorizing the grant to fund a three-year extension of our Executive Director compensation, and the City of Palm Springs for a third Pride on the Page grant. This financial support is much appreciated by the Foundation and is a continuing sign of confidence in our direction and efforts. I would also like to recognize the contributions of Craig Borba who recently stepped down from leading the Library Trustees. Craig was a great supporter of the Library and of the Foundation and we will miss working with him. Going into the second half of our fiscal year, we see opportunities to continue to plan for donation solicitation projects and special events supporting our cause. The Library building will be closing in the spring and relocating to temporary quarters, but all are excited about the prospect of the reimagining work to begin in earnest. (Bill Wylie) II. Accomplishments a. Third Annual “Pride on the Page LGBTQ+ Books and Writers’ Festival” was held to kudos. 341 people took part in the day long series of author panels, a 29% increase over 2023. The day was organized around 6 panels of 29 authors. The evening event, “Beth and the Boys”, saw another 111 attendees. This event’s goal is to bring together thought- provoking, entertaining, and enriching subject matter and present that to our community. We also want to simultaneously increase the profile of the Foundation. For the third year in a row the City of Palm Springs awarded the Foundation a $10,000 grant to hold the event. Library Board of Trustees, March 5, 2025, pg. 18 2 b. Formation of a Capital Campaign steering committee and associated Honorary Committee. In an effort to best organize to raise significant funding for the Library renovation, the Board formed a steering committee under the leadership of Ed McBride and Jeffrey Norman. Subsequently, the committee formed an Honorary Committee comprised of Palm Springs community leaders to help facilitate donor discussions. A kickoff meeting was held in September. In December, the Steering Committee selected LT Strategic Advisors, a firm with extensive knowledge of the Palm Springs philanthropic scene, to set strategies and tactics on behalf of the Foundation. The focus of this team will be on securing the matching goal offered by the Trustees. c. The Foundation’s Annual Drive was successfully conducted with increased substantially increased donations using a new approach. In a shift of direction, the Foundation chose to use the services of an experienced fundraising support company, Carl Bloom and Co., to expand access to the Palm Springs donor community for our annual end-of-year giving drive. We also implemented several personalized solicitation tactics to present ourselves well with our current donors. These plans have worked out quite positively as the net proceeds from this year’s drive have increased by 50%. III. Board Information a. The Foundation Board officers are: Bill Wylie – President Elizabeth Smalley – Vice President Gary Grace – Treasurer Holly Gray – Secretary David Sidley – Immediate Past President b. Foundation Staff: Peter Pearson, Executive Director Cyndi Hart, Administrative Assistant Dyson Ingley, Accounting Support c. A listing of current board members is shown in Appendix A following. Library Board of Trustees, March 5, 2025, pg. 19 3 V. Key Financials Net Assets: July 1, 2024= $206,795 December 31, 2024 = $306,455 d. Fundraising Events: 1. Pride on the Page: Income = $11,410 (includes $10,000 grant) Expense = $17,109 Net Loss = ($5,699) 2. Annual Fund Drive: Donations = $53,947 Expense = $10,884 Net Gain = $43,063 VI. Services to the Foundation Healey & Associates – Accountant, Rancho Mirage Pacific Premier Bank (checking and savings accounts) SBEMP - Lena Wade, Attorney, Palm Springs/Indian Wells Edward Jones – Richard LaFerriere, Financial Advisor, Palm Springs Evelyn Jackson - NFP Insurance Services, Palm Springs Kyle & Co. – Public Relations, Palm Desert Library Board of Trustees, March 5, 2025, pg. 20 4 Appendix A Palm Springs Public Library Foundation Board Membership (as of 2/1/25) Joe Agati Roger Neustadter Maggie Downs Rebecca Olarte – Comm. Chair David Engen Joel Preston Jack Fitzsimmons Dwayne Ratleff Holly Gray – Secretary Corey Roskin – Events Chair Jim Gray David Sidley – Past President Gary Grace – Treasurer Dr. Betsy Smalley – Vice President Ed McBride – Capital Campaign Co-Chair Bruce Stout Robyn Meltzer – Nominating Chair Carol Tallichet Laura Mitchell – Advocacy Chair Evan Tucker Jeffrey Norman – Capital Campaign Co-Chair Bill Wylie – President Peter Pearson – Exec. Dir. (non-voting) ------------------------------------------------------------------------------------------------------------------------------------- Board Liaisons: Jeannie Kays – Palm Springs Public Library Director Julie Warren – Palm Springs Public Library Public Services Manager Nanci Morrison – Friends of the Palm Springs Public Library Al Jones – Palm Springs Public Library Trustees Deb Schwarz – Palm Springs Public Library Trustees Library Board of Trustees, March 5, 2025, pg. 21 MEMORANDUM DATE: MARCH 5, 2025 SUBJECT: NAMING RIGHTS FOR THE PALM SPRINGS PUBLIC LIBRARY TO: Library Board of Trustees FROM: Jeannie Kays, Director of Library Services The Memorandum of Understanding between the Palm Springs Public Library Foundation and City of Palm Springs requires the City Council to approve naming rights opportunities for the Palm Springs Public Library system costing more than $100,000. As a courtesy, we are providing this list to the Library Board of Trustees to review. The Foundation proposes and requests approval of naming rights for fundraising to support the renovation and continued operation and long-term maintenance of the Palm Springs Public Library system. BACKGROUND: On May 25, 2023, the City Council approved a Memorandum of Understanding (MOU) between the City and the Palm Springs Public Library Foundation. Per the MOU, the Foundation will be better able to support the renovation, 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 system and its component parts, such as the community room, main reception, north courtyard and koi pond. Naming rights on opportunities valued at more than $100,000 shall require specific approval by the City Council. Library Board of Trustees, March 5, 2025, pg. 22 Memorandum March 5, 2025 -- Page 2 Naming Rights for the Palm Springs Public Library STAFF ANALYSIS: The Foundation has developed a list of naming rights opportunities for fundraising purposes. Items costing more than $100,000 include: • Campus • Library • South Entrance • North Courtyard • Frey Building • Energy Improvements/”Green Improvements” • Main Reception • Children’s Area • Koi Pond • Digital Marquee on corner • Community Room • Desert Scaping • Patio for Meeting Room • Family Patio Sponsorships of these naming rights opportunities are intended to assist with the renovation and continued operation and long-term maintenance of the Palm Springs Public Library system. Library Board of Trustees, March 5, 2025, pg. 23 55575.18200\40893611.7 Agreement A9435 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 MOU 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: DocuSign Envelope ID: 9212B6B1-5BAE-42CD-9967-312FF9E4DC8C Library Board of Trustees, March 5, 2025, pg. 24 55575.18200\40893611.7 Agreement A9435 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, 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 the 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, DocuSign Envelope ID: 9212B6B1-5BAE-42CD-9967-312FF9E4DC8C Library Board of Trustees, March 5, 2025, pg. 25 55575.18200\40893611.7 Agreement A9435 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 the 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. The Foundation will pay for the signage and the 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. DocuSign Envelope ID: 9212B6B1-5BAE-42CD-9967-312FF9E4DC8C Library Board of Trustees, March 5, 2025, pg. 26 55575.18200\40893611.7 Agreement A9435 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 the 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. DocuSign Envelope ID: 9212B6B1-5BAE-42CD-9967-312FF9E4DC8C Library Board of Trustees, March 5, 2025, pg. 27 55575.18200\40893611.7 Agreement A9435 5 III. NAMING RIGHTS FOR THE LIBRARY AND ITS ELEMENTS 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. The 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. The City’s Prior Approval. The 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 DocuSign Envelope ID: 9212B6B1-5BAE-42CD-9967-312FF9E4DC8C Library Board of Trustees, March 5, 2025, pg. 28 55575.18200\40893611.7 Agreement A9435 6 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. 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), maintenance, and improvement of the Palm Springs Public Library System. The Foundation shall provide City the proceeds from the Naming Rights within thirty (30) days of receipt from donor. If the 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, the 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. The Foundation shall be responsible for repairing any damage to any signage, plaques, or name plates. The City shall not be 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, DocuSign Envelope ID: 9212B6B1-5BAE-42CD-9967-312FF9E4DC8C Library Board of Trustees, March 5, 2025, pg. 29 55575.18200\40893611.7 Agreement A9435 7 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 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 DocuSign Envelope ID: 9212B6B1-5BAE-42CD-9967-312FF9E4DC8C Library Board of Trustees, March 5, 2025, pg. 30 55575.18200\40893611.7 Agreement A9435 8 wrongful acts or omissions arising from its respective activities pursuant to this MOU. VIII. DISPUTE RESOLUTION 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: DocuSign Envelope ID: 9212B6B1-5BAE-42CD-9967-312FF9E4DC8C Library Board of Trustees, March 5, 2025, pg. 31 55575.18200\40893611.7 Agreement A9435 9 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 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. [Signatures on the following page.] DocuSign Envelope ID: 9212B6B1-5BAE-42CD-9967-312FF9E4DC8C Library Board of Trustees, March 5, 2025, pg. 32 55575.18200\40893611.7 Agreement A9435 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 DocuSign Envelope ID: 9212B6B1-5BAE-42CD-9967-312FF9E4DC8C 7/16/2023 7/16/2023 7/17/2023 Agenda Date:05/25/2023 AgendaItem:1D Library Board of Trustees, March 5, 2025, pg. 33