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Home My WebLink About2025-05-07 LBOT Board PacketLIBRARY BOARD OF TRUSTEES CITY OF PALM SPRINGS, CALIFORNIA www.palmspringslibrary.gov REGULAR MEETING AGENDA WEDNESDAY, MAY 7, 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: 728 North Sweetzer Avenue West Hollywood, CA 90069 •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 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 Library Board of Trustees, May 7, 2025, pg. 1 Library Board of Trustees Page 2 of 4 Wednesday, May 7, 2025 on or before 5:30 p.m., April 30, 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 April 2, 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, May 7, 2025, pg. 2 Library Board of Trustees Page 3 of 4 Wednesday, May 7, 2025 VII. DISCUSSION/ACTION ITEMS A. RECEIVE GIFT OF $33,126.78 FROM CAROLINE J. WALLIN, ESTATE OF FREDERICK C. VANHOOF AND ALLOCATE FUNDS FOR FUTURE LIBRARY PROJECTS. Motion: Second: Approved: Opposed: Abstention Names(s): B. THE PALM SPRINGS PUBLIC LIBRARY FOUNDATION IS SEEKING A $70,000 GRANT TO LAUNCH PHASE III OF ITS $7 MILLION FUNDRAISING CAMPAIGN Motion: Second: Approved: Opposed: Abstention Names(s): C. ENDORSEMENT OF FACILITY USE AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE PALM SPRINGS PLAZA THEATRE FOUNDATION FOR AFTER- HOURS USE OF THE WELWOOD MURRAY MEMORIAL LIBRARY AND COURTYARD Motion: Second: Approved: Opposed: Abstention Names(s): D. DISCUSSION-LIBRARY RENOVATION UPDATES, TENTATIVE TIMELINE, 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, June 4, 2025. The Palm Springs Public Library Board of Trustees meets at 5:30 p.m. on the 1st Wednesday of every month, except for January and October when it meets on January 8, 2025 and October 16, 2025. There is no meeting in August. THE PUBLIC IS INVITED TO PARTICIPATE Library Board of Trustees, May 7, 2025, pg. 3 Library Board of Trustees Page 4 of 4 Wednesday, May 7, 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 April 30, 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, May 7, 2025, pg. 4 DRAFT Board of Library Trustees Minutes: March 5, 2025 1 PALM SPRINGS PUBLIC LIBRARY BOARD OF LIBRARY TRUSTEES MINUTES Palm Springs Public Library April 2, 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 Yes 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 and Bill Wylie 2.ACCEPTANCE OF THE AGENDA: MOTION: (Jones/Schwarz, 4-0) To accept the agenda. 3.PUBLIC COMMENTS: No public comments 4.CONSENT AGENDA MOTION: (Schwarz / Jones, 4-0) To approve the consent agenda. 4. A. Meeting Minutes of March 5, 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 Bill Wylie gave the report. 5.C. Library Staff Director Jeanne Kays and Julie Warren gave the report. 6.TREASURER’S REPORT Trustee Al Jones gave the report. Library Board of Trustees, May 7, 2025, pg. 5 DRAFT Board of Library Trustees Minutes: March 5, 2025 2 MOTION: (Norgard/ Schwarz, 4-0) To accept the Treasurer’s report. 7. DISCUSSION/ACTION ITEMS 7. A. FISCAL YEAR 2025-26/2026-27 TWO-YEAR BUDGET AD-HOC SUBCOMMITTEE RECOMMENDATIONS. Fiscal year 2025/2026: • Allocate $10,000 for Trust Fund Books from the Kropitzer Trust Fund. • Carry forward $202,000 or remaining unspent funds assigned to the Library Foundation. • Carry forward $1 million in library renovation funds until needed. Fiscal year 2026/2027: • Allocate $10,000 for Trust Fund Books from the Kropitzer Trust Fund. • Continue to carry forward any remaining assigned funds for the Library Foundation. • Continue to carry forward $1 million in library renovation funds until needed. MOTION: (Jones/Schwarz, 4-0) To approve the above recommendations for fiscal year 2025- 26/2026-27 two-year budget. 7. B. DISCUSSION-LIBRARY RENOVATION UPDATES AND TEMPORARY LIBRARY LOCATION STATUS. Director Jeannie Kays gave the report. MOTION: No motion. 8. COMMITTEE REPORTS No action. 9. TRUSTEE/STAFF COMMENTS/FUTURE AGENDA ITEMS 10. ADJOURNMENT The April meeting adjourned at 5:52 p.m. RESPECTFULLY SUBMITTED, Jeannie Kays Director of Library Services Library Board of Trustees, May 7, 2025, pg. 6 DATE DONOR AMOUNT DESIGNATION 12/23/2024 LYNDA JARMAN 3,000.00$ BOOKS 3/12/2025 CAROLINE WALLIN, ESTATE OF FREDERICK C. VANHOOF 33,126.78$ PROGRAMS AND SERVICES TOTAL 36,126.78$ 2024-25 DONATIONS LAST UPDATED APRIL 24, 2025 Library Board of Trustees, May 7, 2025, pg. 7 LIBRARY STATISTICS 2025 2024 %CHANGE MATERIALS CHECKED OUT 24,045 25,821 -7% Print 15,747 16,984 -7% Media 8,298 8,786 -6% Downloads & In-house 6,735 6,799 -1% LIBRARY CARD REGISTRATIONS 269 302 -11% Palm Springs Resident 91 129 -29% California Resident 127 133 -5% Out of State 51 40 28% DOOR COUNT 13,832 13,907 -1% DOOR COUNT (WMML)3,244 3,130 4% COMPUTER SESSIONS 1,991 1,901 5% COMPUTER SESSIONS (WMML)349 43 712% WiFi SESSIONS 2,055 2,177 -6% WiFi SESSIONS (WMML)198 188 5% PASSPORTS PROCESSED 74 72 3% PROGRAMMING PRESCHOOL In Person Programs 8 6 33% Attendance 145 112 29% Self- Directed Programs 0 0 - Self- Directed Completed 0 0 - SCHOOL AGE Programs 4 3 33% Attendance 92 46 100% Self- Directed Programs 0 1 -100% Self- Directed Completed 0 50 -100% FAMILY Programs 1 2 -50% Attendance 50 589 -92% TEEN Programs 7 6 17% Attendance 42 56 -25% Self- Directed Programs 0 1 -100% Self- Directed Completed 0 10 -100% ADULT Programs 19 15 27% Attendance 369 423 -13% Virtual Programs 3 3 0% Virtual Attendance 165 81 104% Self- Directed Programs 0 0 - Self- Directed Completed 0 0 - TOTAL Programs 39 32 22% Attendance 698 1,226 -43% Virtual Programs 3 3 0% Virtual Attendance 165 81 104% Self-Directed Programs 0 2 -100% Self-Directed Completed 0 60 -100% March 2025 vs. March 2024 Library Board of Trustees, May 7, 2025, pg. 8 City of Palm Springs, CA BALANCE SHEET FOR 2025 10 Report generated: 04/22/2025 15:29 User:ArunM Program ID: glbalsht Page 1 NET CHANGE ACCOUNT FUND: 151 Library Endowment Fund FOR PERIOD BALANCE ASSETS 151 10005 Operating Bank Account 33,126.78 1,611,861.10 151 12105 Interest Receivable .00 3,958.04 TOTAL ASSETS 33,126.78 1,615,819.14 FUND BALANCE 151 29000 Fund Balance Unreserved .00 -1,691,061.59 151 29310 Revenue Control -33,126.78 -74,757.55 151 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 -33,126.78 -1,615,819.14 TOTAL LIABILITIES + FUND BALANCE -33,126.78 -1,615,819.14 ** END OF REPORT - Generated by Arun Mayani ** Library Board of Trustees, May 7, 2025, pg. 9 City of Palm Springs, CA ACCOUNT TRIAL BALANCE FOR FY25/JUL TO APR Report generated: 04/22/2025 15:33 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, May 7, 2025, pg. 10 City of Palm Springs, CA ACCOUNT DETAIL HISTORY FOR 2025 00 TO 2025 13 Report generated: 04/22/2025 15:35 User:ArunM 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 25/08 250469 02/28/25 GNI 3,958.04 1,582,692.36 25/08 250469 02/28/25 GNI -3,958.04 1,578,734.32 25/08 250477 02/28/25 GRV -3,958.04 1,574,776.28 25/08 250477 02/28/25 GRV 3,958.04 1,578,734.32 25/10 250238 04/16/25 CRP 33,126.78 1,611,861.10 LEDGER BALANCES --- DEBITS: 1,785,696.41 CREDITS: -173,835.31 NET: 1,611,861.10 151 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 25/08 250469 02/28/25 GNI -3,958.04 .00 25/08 250477 02/28/25 GRV 3,958.04 3,958.04 LEDGER BALANCES --- DEBITS:7,916.08 CREDITS:-3,958.04 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 Library Board of Trustees, May 7, 2025, pg. 11 City of Palm Springs, CA ACCOUNT DETAIL HISTORY FOR 2025 00 TO 2025 13 Report generated: 04/22/2025 15:35 User:ArunM 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 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 25/08 250469 02/28/25 GNI 3,958.04 -37,672.73 25/08 250477 02/28/25 GRV -3,958.04 -41,630.77 25/10 250238 04/16/25 CRP -33,126.78 -74,757.55 LEDGER BALANCES --- DEBITS:3,958.04 CREDITS:-78,715.59 NET:-74,757.55 151 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 Library Board of Trustees, May 7, 2025, pg. 12 City of Palm Springs, CA ACCOUNT DETAIL HISTORY FOR 2025 00 TO 2025 13 Report generated: 04/22/2025 15:35 User:ArunM 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 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:.00 151 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 25/08 250469 02/28/25 GNI 3,958.04 -21,753.50 25/08 250477 02/28/25 GRV -3,958.04 -25,711.54 LEDGER BALANCES --- DEBITS:3,958.04 CREDITS:-29,669.58 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:-3,000.00 151 37500 Contributions-Non Govt REVISED BUDGET .00 25/10 250238 04/16/25 CRP 10160 128693 VANHOOF ESTATE -33,126.78 -33,126.78 LEDGER BALANCES --- DEBITS:.00 CREDITS:-33,126.78 NET:-33,126.78 Library Board of Trustees, May 7, 2025, pg. 13 City of Palm Springs, CA ACCOUNT DETAIL HISTORY FOR 2025 00 TO 2025 13 Report generated: 04/22/2025 15:35 User: ArunM Program ID: glacthst Page 4 ORG OBJECT PROJ NET LEDGER NET BUDGET YR/PR JNL EFF DATE SRC REF1 REF2 REF3 CHECK # OB AMOUNT BALANCE BALANCE 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: 4,004,275.99 CREDITS: -3,929,033.54 NET: 75,242.45 60 Records printed ** END OF REPORT - Generated by Arun Mayani ** Library Board of Trustees, May 7, 2025, pg. 14 ALL LIBRARY EXPENDITURE ACCOUNTS MEETING DATE 5/7/2025 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 68,051.29 TOTALS 1,693,809.81 150,000.00 0.00 1,611,861.10 LIBRARY TRUST FUNDS Library Board of Trustees, May 7, 2025, pg. 15 ALL LIBRARY EXPENDITURE ACCOUNTS MEETING DATE 5/7/2025 Org Object Description Budgeted YTD Spent Encumbered Available Budget Percent Used 1004000 40000 Salaries Full Time 1,454,544.24 1,009,159.17 0.00 445,385.07 69.38 1004000 40002 Salaries Overtime 5,200.00 3,160.18 0.00 2,039.82 60.77 1004000 40010 Leave Payoffs 18,027.33 18,377.84 0.00 -350.51 101.94 1004000 40020 Fringe Benefits 346,020.75 187,667.65 0.00 158,353.10 54.24 1004000 40045 Medical Insurance Withdrawal 5,023.20 4,275.00 0.00 748.20 85.11 1004000 40050 RHS Health Benefit 19,500.00 11,687.50 0.00 7,812.50 59.94 1004000 40055 PERS Retirement Cost 351,959.87 386,397.57 0.00 -34,437.70 109.78 1004000 40065 Workers' Compensation 67,254.43 50,440.82 0.00 16,813.61 75.00 1004000 40095 Medicare Insurance 21,090.89 15,469.94 0.00 5,620.95 73.35 1004000 40100 Retiree Health Benefit 119,800.90 89,850.68 0.00 29,950.22 75.00 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 6,310.66 0.00 9,229.34 40.61 1004000 50030 Gas and Lubrications 5,151.00 2,865.20 0.00 2,285.80 55.62 1004000 50031 Communications 22,915.00 1,367.72 0.00 21,547.28 5.97 1004000 50035 Materials and Supplies 474,318.42 264,420.05 107,860.83 102,037.54 78.49 1004000 50055 Insurance 132,029.19 99,021.89 0.00 33,007.30 75.00 1004000 50105 Repairs and Maint General 29,348.00 0.00 0.00 29,348.00 0.00 1004000 50120 Facilities Maintenance Service 252,340.25 189,255.19 0.00 63,085.06 75.00 1004000 50126 Grants Expense 110,927.10 14,897.00 3,620.50 92,409.60 16.69 1004000 50140 Printing 20,000.00 4,198.60 0.00 15,801.40 20.99 1004000 50145 Advertising 12,550.00 1,310.60 0.00 11,239.40 10.44 1004000 50200 Friends of the Library 19,347.20 26,152.90 0.00 -6,805.70 135.18 TOTALS 3,543,887.77 2,412,751.57 111,481.33 1,019,654.87 Org Object Description Budgeted YTD Spent Encumbered Available Budget Percent Used 1004005 40105 Contractual Services 114,330.00 81,746.56 0.00 32,583.44 71.50 1004005 50015 Electricity 30,901.00 22,994.11 0.00 7,906.89 74.41 1004005 50020 Water 2,576.00 1,077.49 0.00 1,498.51 41.83 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 7,367.97 14,366.50 50.51 TOTALS 197,989.00 113,114.69 7,367.97 77,506.34 MAIN LIBRARY WELWOOD MURRAY MEMORIAL LIBRARY Library Board of Trustees, May 7, 2025, pg. 16 PALM SPRINGS PUBLIC LIBRARY City of Palm Springs Palm Springs Public Library 300 South Sunrise Way • Palm Springs, California 92262-7699 Tel: (760) 322-READ (7323) www.palmspringslibrary.org April 24, 2025 Caroline J. Wallin Estate of Frederick C. Vanhoof Dear Ms. Wallin, On behalf of the Palm Springs Public Library and the Library Board of Trustees, I extend our deepest thanks for your generous donation of $33,126.78 received on March 12, 2025, from the estate of Frederick Vanhoof. This thoughtful gift honors Mr. Vanhoof’s legacy in a truly meaningful way. Thanks to support like yours, we are able to continue to offer enriching programs, vital services, and welcoming spaces that enhance the quality of life for all who call Palm Springs home—and for those who visit our vibrant community. We invite you to visit our website at www.palmspringslibrary.org to see the full range of programs and services made possible by generous supporters like you. We are sincerely grateful for your contribution and honored to be part of preserving Mr. Vanhoof’s memory through our work. With gratitude, Jeannie Kays Director of Library Services Palm Springs Public Library City of Palm Springs Library Board of Trustees, May 7, 2025, pg. 17 ITEM 7A Palm Springs Public Library FoundaƟon A Proposal for Support of Expanded Donor MarkeƟng May 2025 Background In accordance with The FoundaƟon’s mission to raise funds for the renovaƟon of the main library building; and recognizing the Ɵming of City of Palm Springs planned iniƟaƟon of infrastructure improvements; the FoundaƟon plans to solicit donaƟons from the full Palm Springs community beginning in the fall of 2025. Several steps are needed to implement these plans and a grant from the Trustees would be very helpful to advance these efforts. The FoundaƟon believes that an adverƟsing/markeƟng campaign is necessary to: 1. UƟlize mulƟple media including television, radio, print, digital print, social media and the FoundaƟon’s website to directly and indirectly solicit donaƟons from Palm Springs, individuals and organizaƟons. 2. Solidify the FoundaƟon as the primary fundraiser for community donaƟons to support the renovaƟon project as a partner with the City, especially for idenƟfied “naming opportuniƟes”. The Memorandum of Understanding between the City of Palm Springs and the FoundaƟon states that the FoundaƟon may request a grant from the Library Trustees for the purposes of advancing its mission to raise funds for the beƩerment of the Library. That proposal should include: 1. The amount of the contribuƟon sought; 2. A descripƟon of the acƟvity, services, or goods that the contribuƟon will be used for; 3. A specific budget demonstraƟng how the contribuƟon will be allocated; and Library Board of Trustees, May 7, 2025, pg. 18 ITEM 7B 4. A descripƟon of the forecasted or anƟcipated outcome of the acƟvity, services, or goods for which the contribuƟon will be used. This proposal successfully addresses these requirements. The FoundaƟon has formed a special purpose Capital Campaign commiƩee to plan and execute a strategy to solicit donaƟons from the Palm Springs community. The FoundaƟon also will uƟlize the talents of its CommunicaƟons CommiƩee to implement a markeƟng/adverƟsing campaign to reach a broader segment of our residents and visitors. ObjecƟves CreaƟon of a relevant, strategic, and directed markeƟng campaign. UƟlize a mulƟmedia approach to reach all segments of the addressable Palm Springs market: ConƟnue PSPLF Brand Awareness and Name RecogniƟon but add a “call to acƟon”. Drive donaƟons to a newly created Capital Campaign website. Create special emphasis on “naming opportuniƟes’ via that specialized website. ConƟnue to accumulate email addresses of potenƟal donors to communicate with. Clearly arƟculate the need for community donaƟon support for the renovaƟon and long-term financial support of the public library, and ask for a donaƟon. The goal for funds raised by the FoundaƟon during this Capital Campaign is $7.0 million. Key Components UƟlize the services of a professional consultant and/or Public RelaƟons firm to achieve maximum effecƟveness. Use the summer of 2025 to plan and prepare for implementaƟon in the fall/winter. UƟlize an email address acquisiƟon project to obtain high quality email addresses of interested library supporters in Palm Springs. We will market directly to these individuals to solicit donaƟons. UƟlize a special purpose website to market naming opportuniƟes as developed by a specialty website company. Update the previous CreaƟve Plans of our Awareness Campaign to maintain freshness of approach and to reflect current project status. Then integrate with previously produced media including, Public Service TV spots, MP4s used for streaming/ social media/web posƟngs, print ads, and digital ads. Implement a Media Plan considering paid and earned media, as well as media PR opportuniƟes. UƟlize both grant funds and FoundaƟon reserve funds to create the greatest impact. Align the PSPLF Website to support the new website and communicate the campaign messaging. Library Board of Trustees, May 7, 2025, pg. 19 Timing for launch would likely coincide with the 2025 Pride on the Page event and then accelerate in first weeks of January 2026. Specific Ɵming will correlate with other FoundaƟon fundraising work. Track effecƟveness through donaƟon measurement and number of new and recurring donors. Grant Budget A. PR/ Consultant Retainer $15,000 B. Media Buys $30,000 C. PSPLF Website/Social $5,000 D. Specialty Website $10,000 E. Email AcquisiƟon $10,000 F. AddiƟonal Media “Buys” $TBD (FoundaƟon) G. AddiƟonal Social Media $TBD (FoundaƟon) Total $70,000 AnƟcipated Outcome The Palm Springs Public Library FoundaƟon expects that this campaign will achieve its goals of securing donaƟons for the renovaƟon project and meet our goal of $7.0 million. We have early indicaƟons that we are on the right track with donors. Expanding our markeƟng to the broader community will accelerate this. We expect that this campaign will be carried out simultaneously with City of Palm Springs press releases and Library newsleƩers updaƟng the progress of the renovaƟons. And we expect media to focus on overall project developments over the next six months. This will help keep the library project and our fundraising prominent in the public eye as we ask for donaƟons. Grant Request The Palm Springs Public Library FoundaƟon sincerely appreciates the collaboraƟon with the Library Trustees for the beƩerment of the Library. We are mindful of your anƟcipaƟon of the successful compleƟon of the renovaƟon project, and we want to begin moving outwards to the general community and set the groundwork for acƟve fundraising with them. We therefore respecƞully request a grant of $70,000 to implement our campaign and we thank you for your consideraƟon. Library Board of Trustees, May 7, 2025, pg. 20 Library Board of Trustees, May 7, 2025, pg. 21 55575.18100\43745881.1 1 FACILITY USE AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE PALM SPRINGS PLAZA THEATRE FOUNDATION 1.PARTIES AND DATE. This Facility Use Agreement (“Agreement”) is made and entered into as of this ____ day of _________________, 2025, ("Effective Date") by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and The Palm Springs Plaza Theatre Foundation, a California nonprofit corporation ("Foundation"). City and Foundation are sometimes individually referred to herein as "Party" and collectively as "Parties." 2.RECITALS. 2.1 City is the owner of Welwood Murray Memorial Library and Courtyard Patio (“Library”) situated in the City of Palm Springs, California, located at 100 S Palm Canyon Dr, Palm Springs, CA 92262 ("City's Property"). 2.2 Foundation desires, and City is willing to permit Foundation, to use certain portions of the City's Property for the purpose of hosting pre-show, intermission, and post-show events taking place at The Palm Springs Plaza Theatre ("Events"). Foundation’s use shall be non-exclusive and subject to any easements of record, including the rights set forth in Riverside County Recorder’s Office as Instrument No. 96-54770, recorded on February 15, 1996. Foundation desires to use Library and Courtyard Patio, excluding use of the Historical Society and Basement areas within the City's Property for said Events as more specifically depicted on the Locational Map and Site Plan in Exhibit "A" attached hereto and incorporated herein by this reference. Such usable area is referred to in this Agreement as the “Usable Area”. 2.3 The Foundation’s use of the Usable Area directly contributes to the use and enjoyment of the City’s Property for library purposes for the following non-exclusive list of reasons: •the Foundations use will be outside of the normal operating hours that the Library is open to the public, therefore, the Foundation’s use will not interfere with the public’s use of the Library; •the Foundation’s use will provide for significant physical upgrades to the Library, as set forth in Section 3.1.16 below, therefore directly facilitating the acquisition, retention, storage and use of books, manuscripts and similar materials; and •the Foundation’s use will increase and enhance the availability of space for patrons of the Library to experience Library-related activities, through the provision of space and credits against costs for space in the nearby and newly renovated Palm Springs Plaza Theatre, as set forth in Sections 3.1.19,below. Library Board of Trustees, May 7, 2025, pg. 22 ITEM 7C 55575.18100\43745881.1 2 2.4 In consideration of the mutual promises of the Parties set forth herein and other good and valuable consideration, the receipt of which and sufficiency of which is hereby acknowledged, City and Foundation hereby agree as follows: 3. TERMS. 3.1 Facility Use. The City hereby grants to Foundation a temporary, non-exclusive Use Permit ("Permit") in, on, across, and over the Usable Area for the purpose of permitting the Events. Nothing herein shall be deemed or construed to be a limitation upon the City's right to use the City's Property in any manner it deems acceptable. Nothing herein shall be deemed or construed to grant to Foundation or permit any interest in the City's Property. The Permit shall be subject to the following restrictions: 3.1.1 All outside equipment shall be approved by the Library Department prior to reservation date. Equipment includes, but it is not limited to: fog machines, dance floors, lights, etc. The following Equipment is hereby approved (in accordance with the City’s noise ordinance): Tables, chairs, food ware, speakers, banners, lights, standalone heaters and/or misters, and temporary furnishings. 3.1.2 Overnight storage is not allowed on any portion of City’s Property. 3.1.3 Foundation shall provide the following security guard services: 3.1.3.1 Security will be provided as required by the City. 3.1.3.2 A copy of the security guard contract is required three (3) weeks prior to each Event. Security company is required to provide insurance coverage in accordance with Section 3.7. 3.1.4 Vehicles shall not be driven into/onto any area of the City’s Property, other than the parking lot. 3.1.5 Foundation shall insure there are no fires, lit candles, or charcoal grills used at the Usable Area, provided however that flameless heat systems and contained gas flame food heating operations may be used. 3.1.7 Foundation shall comply with the City’s Noise Ordinance, PSMC Chapter 11.74. Foundation shall work closely with the Palm Springs Police Department, and Special Program Compliance to amicably resolve any noise complaints received. 3.1.8 Foundation may charge an admission fee or solicit contributions or take up any collection at or for the Events for existing and future operations of the Plaza Theatre. 3.1.9 Foundation shall have use of the Events space after Library’s operating hours. Library Board of Trustees, May 7, 2025, pg. 23 55575.18100\43745881.1 3 3.1.9.1 Library’s operating hours: Monday through Wednesday, 10:00 AM –6:00 PM; Thursday, 10:00 AM – 8:00 PM; Friday through Sunday, 10:00 AM – 6:00 PM. 3.1.10 Foundation shall have no access to the Historical Society spaces and the basement of the Property. 3.1.11 Foundation shall provide a schedule of preferred use days in writing 90 days prior to the day of use. 3.1.12 Foundation shall be responsible for cleaning after every Events and prior to the operating hours of the Library the following day. 3.1.13 Foundation shall be responsible for replenishing any items used, such as: toilet paper, paper towels, soap, seat covers, and similar janitorial supplies. 3.1.14 Foundation shall be allowed to provide concession sales for Events and/or catering. 3.1.15 Foundation shall be allowed to temporarily name spaces within the Usable Area; provided, however, that such naming shall only occur during, or as part of advertising for, specific Events. In addition, no permanent signage shall be used to indicate permanent naming rights (i.e., naming of space beyond the time of each Event). 3.1.16 Foundation shall, during the terms of this Agreement, expend a minimum of Fifteen Thousand Dollars ($15,000) in upgrading the patio with improvements such as: lights, furniture, heaters, misters, and accessories subject to mutually agreeable design for any permanent changes/upgrades, including coordination and approval by the City’s Historic Site Preservation Board or administration, whichever is required. Any improvements to the City’s Property shall, at the conclusion of this Agreement, remain the property of the City. 3.1.17 City shall continue to maintain Property at the existing level of contracted janitorial services. 3.1.18 City shall paint the exterior courtyard side of the Property prior to the first Events. 3.1.19 Foundation shall waive the rental fee to the Library for use of the Plaza Theatre up to eight (8) times per year (in addition to City Use days provided for in the Management Agreement between the City and Foundation), with at least six (6) of such eight (8) dates taking place between October 1st of one year and April 30th of the following year. Library shall pay expenses for hard costs for use, such as: stagehands, equipment, labor, box office, and security), for mutually agreeable dates. Foundation shall provide, or cause to be provided, a credit of Five Thousand Dollars ($5,000.00) during the term of this Agreement, to be used by Library toward such hard costs. 3.1.20 Foundation to market Library-presented Events at Plaza Theatre through all marketing channels available to the Foundation. Library Board of Trustees, May 7, 2025, pg. 24 55575.18100\43745881.1 4 3.1.21 Foundation shall recognize the Library as a founding donor of Plaza Theatre. 3.1.22 Foundation shall list the Library as a Plaza Theatre Performance Underwriter once per year. 3.1.23 Foundation shall list the Library as a seat sponsor, at a Foundation assigned location. 3.1.24 Foundation shall list the Library as a donor in Foundation’s newsletters. 3.1.25 Foundation agrees that if the Events is open to the general public that Foundation will not exclude any person from participating in, deny anyone the benefit of, or otherwise subject to, discrimination on the basis of actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation as these terms are defined by California Law, or association with members of classes protected under PSMC section 7.09.040 or in retaliation for opposition to any practices forbidden under PSMC section 7.09.040, against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, operated by Foundation, and shall require such Foundation to include a similar provision in all contracts. 3.2 Consideration. Foundation shall pay to City the amount of One Dollar ($1.00) at the time of execution of this Agreement. 3.3 Term. The Permit shall commence on June 1, 2025, and terminate on May 31, 2030, unless extended by mutual written agreement of the Parties. In addition, the term may be extended by mutual written consent of the Parties for two (2) additional five (5) year terms. Upon the effective date of termination of the Permit pursuant to this Section, Foundation shall cease using the Usable Area and shall surrender the Usable Area to the City in substantially the same condition as when received, including placing all garbage, cans, bottles, papers or other refuse is the appropriate receptacles, save and except for the improvements provided by Foundation pursuant to Section 3.1.16. 3.4 Relocation of Events. In the Event that the Foundation wishes, or is required by City, to relocate its Events to a location other than the Usable Area, such relocation shall be subject to the availability of another location and performed at Foundation's sole cost and expense. 3.5 Damage to City's Property. 3.5.1 Foundation, its officers, employees, contractors, subcontractors, agents, and volunteers shall not damage the City's Property or commit waste thereon. Foundation shall, at its sole cost and expense and to the satisfaction of the City, keep the Premises clean and neat in appearance and maintained in the condition as of the Effective Date. Foundation will at all times operate its activities in an effort to prevent inconveniences of noise, parking problems, etc., to Library Board of Trustees, May 7, 2025, pg. 25 55575.18100\43745881.1 5 surrounding neighbors. Standards of noise, traffic, parking, etc., will comply with the Palm Springs Municipal Code. 3.5.2 Upon the cancellation, expiration, or termination of this Agreement, Foundation shall surrender the Usable Area in the same condition as received free from hazards and clear of all debris and of all property of Foundation or its Agents or Invitees. Foundation shall promptly, at its sole cost, repair any and all damage to City’s Property and any personal property located thereon caused by Foundation or its Agents or Invitees. Foundation shall obtain City’s prior approval of any party to be used by Foundation to conduct such repair work. If Foundation damages City’s Property or any personal property, the final repair costs owed by Foundation shall be determined by the City, and shall be paid by Foundation within five (5) days of City’s demand therefor. Foundation’s obligations under this Section shall survive the cancellation, expiration, or termination of this Agreement. 3.6 Indemnification. To the fullest extent permitted by law, Foundation shall defend (with counsel approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers (“Indemnified Parties”) free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, and claims relating to violations of the Americans with Disabilities Act (“ADA”) (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Foundation, its officials, officers, employees, subcontractors, consultants or agents in connection with the Foundation’s use and occupation of, or the condition of, the City's Property during the term of the Agreement. City shall promptly notify Foundation of any such claim, action, or proceeding against City and the Foundation shall either undertake defense of the matter and pay the City’s associated legal costs or will advance funds to pay for the City’s defense of the matter. 3.7 Insurance. As a condition precedent to the effectiveness of this Agreement and without limiting the indemnity provisions of this Agreement, Foundation shall obtain and maintain in full force and effect at all times that Foundation is occupying or using the Usable Area and shall provide City with original certificates of insurance in the following amounts and coverage: 3.7.1 Commercial General Liability Insurance which affords coverage at least as broad as the latest version of Insurance Services Office "occurrence" Form CG 0001 with minimum limits of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage. If written with an aggregate, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits. 3.7.2 The Indemnified Parties shall be named as additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. The "Additional Insured Endorsement" shall be on a form similar to Insurance Services Office Endorsement Form CG 2010 and contain no other modifications to the policy. Library Board of Trustees, May 7, 2025, pg. 26 55575.18100\43745881.1 6 3.7.3 The Commercial General Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. 3.7.4 The Commercial General Liability Insurance shall not be canceled or the coverage suspended, voided, reduced, or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non-payment of premium. 3.7.5 The Commercial General Liability Insurance shall be obtained from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 3.7.6 Foundation shall require all vendors and contractors providing goods or services within the Usable Area to provide insurance as set forth above. 3.8 Waiver of Claims. 3.8.1 Neither City nor any of its commissions, departments, boards, officers, agents or employees shall be liable for any damage to the property of Foundation, its officers, agents, employees, invitees, Foundations or subcontractors, or their employees, or for any bodily injury or death to such persons, or for any other loss, resulting or arising from the condition of the City’s Property, including the Usable Area or its use by Foundation. 3.8.2 Foundation fully releases, waives and discharges forever any and all claims, demands, rights, and causes of action against, and covenants not to sue, City, its departments, commissions, officers, directors and employees, and all persons acting by, through or under each of them, under any present or future laws, statutes, or regulations, (i) for any claim or Events relating to the condition of the City’s Property, including the Usable Area or Foundation’s use thereof, an (ii) in the Events that City exercises its right to suspend, revoke or terminate this Agreement. 3.8.3 In connection with the foregoing release, Foundation acknowledges that it is familiar with Section 1542 of the California Civil Code, which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Foundation acknowledges that the releases contained herein include all known and unknown, disclosed and undisclosed, and anticipated and unanticipated claims. Foundation realizes and acknowledges that it has agreed upon this Agreement in light of this realization and, being fully aware of this situation, it nevertheless intends to waive the benefit of Civil Code Section 1542, or any statute or other similar law now or Library Board of Trustees, May 7, 2025, pg. 27 55575.18100\43745881.1 7 later in effect. The releases contained herein shall survive any cancellation or termination of this Agreement. 3.9 Termination for Safety. City may immediately terminate this Agreement and the Events shall be immediately discontinued should the Palm Springs Fire Marshal determine that occupancy, exiting or other safety issues require such action. The City shall not be liable to Foundation or any third party(ies) due to any such termination. 3.10 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause. Where termination is due to a default by Foundation or constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be thirty (30) days or such shorter time as may be determined by the City based on the nature of the immediate danger. Where termination is due to an alleged default by Foundation, City shall provide Foundation with a reasonable time period within which to cure such alleged default. In the event such termination is without cause, the City shall provide one hundred eighty (180) days written notice prior to the effective date of such termination. Upon receipt of the notice of termination, Foundation shall immediately cease all Events except such as may be specifically approved, after such termination notice, by the City. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Foundation shall not be entitled to payment for unperformed Events and shall not be entitled to damages or compensation for termination of Events. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Foundation's deficiencies and charge the cost thereof to Foundation, who shall be liable for the full cost of the City's corrective action. Foundation may not terminate this Agreement except for cause, and upon ninety (90) days written notice to City. Where termination is due to an alleged default by City, Foundation shall provide City with a reasonable time period within which to cure such alleged default. 3.11 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, changed or amended only by written agreement of the Parties hereto. Section headings contained in this Agreement are for convenience only and shall not have an effect in the construction or interpretation of any provision. 3.12 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.13 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. However, Foundation shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void 3.14 Attorney's Fees. Should either Party bring a legal action for the purpose of protecting or enforcing its rights and obligations under this Agreement, the prevailing party shall be entitled, in addition to other relief, to the recovery of its attorney's fees, expenses and costs of suit. The provisions of this Section shall survive the entry of judgment and may be enforced through a separate recovery action. Library Board of Trustees, May 7, 2025, pg. 28 55575.18100\43745881.1 8 3.15 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.16 Notices. All notices permitted or required hereunder shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose: City: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: City Manager Email: City.Manager@palmspringsca.gov Foundation: Palm Springs Plaza Theatre Foundation 1775 E. Palm Canyon Dr. Suite 110-1028 Palm Springs, CA 92262 Attn: Chairperson Email: jr66@mac.com Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at the applicable address. 3.17 Authority to Enter Agreement. Foundation has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each representative party. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. CITY OF PALM SPRINGS PALM SPRINGS PLAZA THEATRE FOUNDATION By: _________________________ By: _________________________ Scott Stiles, City Manager J.R. Roberts, Chief Executive Officer Attest: Attest: By: _________________________ By: _________________________ Brenda Pree, City Clerk Rick Vila, Secretary Approved as to form: By: _________________________ Jeffrey Ballinger, City Attorney Library Board of Trustees, May 7, 2025, pg. 29 55575.18100\43745881.1 9 EXHIBIT "A" LOCATIONAL MAP AND SITE PLAN [***INSERT LOCATION MAP OR SITE PLAN***] Library Board of Trustees, May 7, 2025, pg. 30 = no access Library Board of Trustees, May 7, 2025, pg. 31 ITEM 7C = no accessLibrary Board of Trustees, May 7, 2025, pg. 32 LIBRARY RENOVATION PROJECT TIMELINE ALL DATES TENTATIVE DATES ACTION APRIL 23, 2025 CITY COUNCIL AUTHORIZES CONSTRUCTION BID REQUEST MAY 28 , 2025 CITY COUNCIL HOLDS PUBLIC HEARING FOR BOND HEARING MAY 28 , 2025 CONSTRUCTION BIDS OPENED JUNE 18, 2025 CITY AWARDS SALE OF BONDS JULY 9, 2025 AWARD CONSTRUCTION BID JULY 19, 2025 PUBLIC CLOSING PARTY JULY 21-31, 2025 LIBRARY MOVES TO TEMPORARY LOCATION ALL LIBRARIES CLOSED AUGUST 1, 2025 TEMPORARY LOCATION OPENS AUGUST 2025 18-MONTH CONSTRUCTION BEGINS GROUNDBREAKING FEBRUARY 2027 CONSTRUCTION END DATE MARCH – MAY 2027 CONSTRUCTION CLOSE-OUT SUMMER 2027 TENTATIVE REOPENING THE TIMELINE DEPENDS ON THE CONSTRUCTION SCHEDULE, SUPPLY CHAIN, AND OTHER FACTORS BEYOND OUR CONTROL. Library Board of Trustees, May 7, 2025, pg. 33 ITEM 7D