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CQ41F0 �? CITY COUNCIL STAFF REPORT
DATE: OCTOBER 7, 2015 CONSENT CALENDAR
SUBJECT: APPROVE THE USE OF SPECIFIED LIBRARY NAMES TO THE
FRIENDS OF THE PALM SPRINGS LIBRARY AND THE PALM
SPRINGS PUBLIC LIBRARY FOUNDATION FOR FUNDRAISING
PURPOSES.
FROM: David H. Ready, City Manager
BY: Palm Springs Public Library
SUMMARY
This City Council will consider approving the use of library names by Friends of the
Palm Springs Library and Palm Springs Public Library Foundation for fundraising
purposes.
RECOMMENDATION:
Authorize the Friends of the Palm Springs Library and the Palm Springs Public Library
Foundation the non-exclusive use of specific names "Palm Springs Public Library, Palm
Springs Library, and Welwood Murray Memorial Library," to enter into fundraising
licensing agreements under certain limited terms: a) to use of the terms in a manner
that reflects favorably to the City and the Library, b) any agreement shall be no more
than three years, c) ability to terminate the agreement for convenience after 60-days
notice, d) agreements shall be for the non-exclusive use of the name, and e) all
agreements shall be subject to review and approval by the City Attorney.
STAFF ANALYSIS:
The Palm Springs Public Library has two supporting 501(c)(3) organizations, 'Friends of
the Palm Springs Library' and 'Palm Springs Public Library Foundation' whose sole
purposes are to raise funds for the benefit of Palm Springs Public Library.
These two organizations would like to create merchandise to sell with some or all
proceeds benefitting their organizations. Consequently, the Palm Springs Public Library
would benefit from these merchandise sales. The Friends of the Palm Springs Library
and/or Palm Springs Public Library Foundation would like the option to create
merchandise on their own or partner with local businesses to create merchandise.
Item No. 2 e P e
City Council Staff Report
October 7, 2015 -- Page 2
Library Name Licensing and Use
For instance, Destination PSP, a locally -owned small business has developed a
philanthropic merchandising model where they create merchandise for nonprofit
organizations to be sold in the Destination PSP retail store, online, and/or by the
nonprofit themselves. A portion of the proceeds directly benefits the nonprofit
organization. Destination PSP creates the product designs, finances all printing and
setup charges, stocks and maintains the inventory, and accepts all financial risk
involved with creating the product. The nonprofit organization has approval over all
designs. There is no binding agreement if one or both parties decide to stop the
partnership.
Staff recommends the City Council authorize the non-exclusive use of the names with
certain criteria that must be met for any merchandising agreement: (1) reflect the City
and the Library in a favorable manner, (2) agreements shall be limited to no more than
three years and must be able to be terminated earlier for convenience with 60-days
notice, (3) agreements shall be non-exclusive, and (4) agreements are subject to review
and approval by the City Attorney.
FISCAL IMPACT:
No fiscal impact to General Fund. There would be no charge by the City of Palm
Springs for Friends of the Palm Springs Library and/or Palm Springs Public Library
Foundation to license and use library names.
Any proceeds from merchandising agreements by the Friends of the Palm Springs
Library and the Palm Springs Library Foundation are used to support the Palm Springs
Public Library.
a
mes Thompson, Chief of Staff Jeannie Kays, Director of Library rvices
David H. Ready, City er
02