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CITY COUNCIL STAFF REPORT
DATE: JANUARY 21, 2015 CONSENT CALENDAR
SUBJECT: PROPOSED LICENSE AGREEMENT WITH THE PALM SPRINGS
HISTORICAL SOCIETY, INC., FOR THE USE OF A PORTION OF THE
WELWOOD MURRAY MEMORIAL LIBRARY FOR THE TERM OF FIVE
(5) YEARS
FROM: David H. Ready, City Manager
BY: Palm Springs Public Library and
Community & Economic Development Department
SUMMARY
The City Council will consider the approval of a five (5) year license agreement with the
Palm Springs Historical Society for use, policies and procedures of the Welwood Murray
Memorial Library when it opens in early 2015.
RECOMMENDATION:
1. Approve a License Agreement with The Palm Springs Historical Society, Inc., a
California 501 (c)(3) Public Benefit Corporation for the use of a portion of the
Welwood Murray Memorial Library, 100 South Palm Canyon Drive.
2. Authorize the City Manager to execute all necessary documents.
Background
The City has undertaken a substantial renovation of the historic Welwood Murray
Memorial Library and will operate it under the direction and management of the Palm
Springs Public Library. The Palm Springs Historical Society will complement the City
Library services by providing Historical Records Research Services at the Welwood
Murray Memorial Library in a manner similar to the services provided by the Palm
Springs Historical Society at the Village Green.
The Palm Springs Historical Society is an organization with substantial experience and
expertise in the collection, archiving and management of historical records and artifacts
related to Palm Springs, along with public educational programs including operating a
historical museum and conducting historical tours.
ITEM NO.
City Council Staff Report
January 21, 2015-- Page 2
License Agreement—Welwood Murray Memorial Library
The City is the owner of the Welwood Murray Memorial Library, located at 100 South
Palm Canyon Drive, Palm Springs, California. The Welwood Murray Memorial Library
will be operated under the direction and management of the City of Palm Springs Public
Library, but the City also envisions a role for the Palm Springs Historical Society to
provide Historical Records Research Services.
This License provides the Palm Springs Historical Society exclusive use of a portion of
the premises, to provide for public access of historical documents and historical archive
storage. It is for a period of five (5) years, however either party may terminate the
agreement with 30-days written notice.
Fiscal Impact
Under the License Agreement, the Palm Springs Historical Society would not pay rent
for the use of the Facility. Conversely, the License does not provide the Palm Springs
Historical Society any compensation for the public service they are providing to Library
patrons at the Welwood Murray Memorial Library.
J n S. R ymo' , Director Jeannie Kays, Director
C mmu y an conomic Development Library Services
mes Thompson David H. Ready
Chief of Staff/City Clerk City Manager
Attachments:
License Agreement (to follow)
02
LICENSE AGREEMENT
BY AND BETWEEN
The City of Palm Springs,
A California Charter City and municipal corporation
and
The Palm Springs Historical Society, Inc.
a California 501 (c)(3) Public Benefit Corporation
This License Agreement ("License") is made effective as of February 1, 2015,
("Effective Date"), by and between The Palm Springs Historical Society, Inc., a
California 501 (c)(3) Public Benefit Corporation ("PSHS"), and the CITY OF PALM
SPRINGS, a California Charter City and municipal corporation of the state of California
("City") with offices at 3200 East Tahquitz Canyon Way, Palm Springs, California.
RECITALS
A. The City is the owner of the Welwood Murray Memorial Library, located at
100 South Palm Canyon Drive, Palm Springs, California ("Facility") and PSHS is an
organization with substantial experience and expertise in the collection, archiving and
management of historical records and artifacts related to Palm Springs, and in public
educational programs including operating a historical museum and conducting historical
tours; and
B. City and PSHS have an existing relationship focused on the management and
operation of the Village Green, a City-owned facility which houses and is partially
operated by the PSHS; and
C. City has undertaken a substantial renovation of the Facility and will
operate it under the direction and management of the Palm Springs Public Library;
PSHS shall complement the Library services by providing Historical Records Research
Services in the Facility in a manner similar to the services provided by PSHS at the
Village Green; and
D. The License Agreement between the City and PSHS provides for
exclusive use of a portion of the premises by PSHS, to provide for office space and
archive storage.
NOW THEREFORE, the parties hereto enter into this License Agreement as follows:
AGREEMENT
Section 1. Purpose and Scope
1.1 Purpose. This License describes an agreement between PSHS and the
City to jointly provide Library services to the public in the Facility, including the duties of
Welwood License Agreement
Page 1 03
the City, the duties of PSHS, and the rules and regulations for the operation of the
Facility.
1.2 Public/Private Partnership. This License is established to document the
duties and responsibilities of both parties at the Facility. The License covers the
services agreed by the parties, to be delivered within the scope of this activity. The
scope and hours of the use of the Facility is still evolving and the parties agree to work
in a good faith manner to negotiate all aspects of the services to be offered.
1.3 Ownership. The City is the owner of the Welwood Murray Memorial
Library, located at 100 South Palm Canyon Drive, Palm Springs, California ("Facility").
"Facility" shall mean any and all portions or parts of the Welwood Murray Memorial
Library, as generally described in the description of the Property, attached hereto as
Exhibit "A" and incorporated herein by this reference, and all furniture, fixtures and
equipment, all appurtenances and all parking ancillary to and in connection therewith
except for those located in the exclusive use section of the Facility, which shall be
owned by PSHS. The Facility shall be operated as a public facility.
1.4 Rules and Regulations. The Facility will be subject to all rules,
regulations, standards, and criteria set forth in the City's General Plan, Municipal Code
and Zoning Code, and with rules in this License as set forth in Exhibit "B", "Rules,
Regulations and Procedures."
1.5 Financial Provisions. The City is responsible for financing and
constructing all physical improvements to the Facility and for hiring staff to operate in
the Facility, general building security, building maintenance and repairs, utilities, as well
as related materials and supplies, work equipment, or other specific needs of the staff
operating in the Facility. PSHS is responsible for financing its staffing levels, as well as
related copiers, printers, materials and supplies, work equipment, dedicated security
system, or other specific needs of the PSHS staff operating in the Facility.
1.6 Rent. In consideration for the historical research and archiving services
provided to the City by PSHS, no rent is to be charged to PSHS for the use of the
Facility. However, PSHS will allow the City or its Tourism Bureau the "permission to
use" photographs from its collection in the amount of fifteen per year at no cost.
1.7 Facility Management. The City of Palm Springs has determined that it is
more beneficial to the public for the City, acting through the Library Director, to manage
the Facility. The obligations of the City and PSHS are described in Section 4 of this
License. This section does not prevent the City from using private contractors for the
maintenance of the landscaping, grounds and building cleaning or other upkeep, and
other activities.
Section 2. License Does Not Convey Real Property. It is expressly understood
and agreed by the parties hereto that this is an Agreement regarding the conduct of
Welwood License Agreement
Page 2 04
daily activities in the Facility only and does not convey any real property interest in the
Property whatsoever.
Section 3. General Terms and Conditions
3.1 Governing Law. The laws of the State of California shall govern the
interpretation and enforcement of this License.
3.2 Modifications. Any alteration, change or modification of or to this
License, in order to become effective, shall be made by written instrument or
endorsement thereon and in each such instance executed on behalf of each party
hereto.
3.3 Approval. This License shall be effective upon approval by PSHS and
the City Council.
3.4 Termination. Either party may terminate this agreement, without prejudice
to any legal position thereafter asserted, upon thirty (30) days written notice of the other
party.
3.5 Term. The License shall be in effect for five (5) years from the date of
execution by both parties.
Section 4. Duties and Obligations of the Parties
4.1 Duties of the City. The City has designated the City Manager through the
Director of Library Services to have approval over any operational changes regarding
the building.
4.1.1 The City will set building hours.
4.1.2 The City will designate the Operational Staff to be in charge of the
day to day operations of the Facility.
4.1.3 The City shall determine the appropriate staffing levels.
4.1.4 The City will be responsible for issuing keys and alarm access
codes to the front door and exterior openings to the PSHS manager. All employees
should notify the City Operational Staff within a timely manner if keys are lost, or if alarm
codes have been compromised.
Welwood License Agreement
Page 3
Q5
4.1.5 The City will approve room reservations and maintain the calendar
for room reservations of the Community Room.
4.1.6 Common area display or art work needs to be scheduled and
approved by the City Manager through the Director of Library Services.
4.2 Responsibilities of the City
4.2.1 Maintenance. The City is responsible for the maintenance and
upkeep of the Facility. All staff in the Facility should notify Library Director or designee
within a timely manner of any maintenance issues. Custodial services will occur after
hours or called in the event of a spill or other cleaning issue.
4.2.2 Utilities. City is responsible for providing water, gas, sewer,
electricity, wireless internet (Wi-Fi) service and the telephone service to the Facility.
The telephone system will include 10 incoming lines and the ability to transfer calls to
lines within the Facility. The Wi-Fi service will be available to the public.
4.2.3 Emergency Procedures. Through the City's Emergency Services
Coordinator, the City shall prepare an Emergency Preparedness Plan for the Facility,
including fire exiting, training, CPR, emergency procedures and evacuation of the
Facility. All staff is responsible for following all proper emergency procedures, including
evacuating the public and notifying City staff of emergency.
4.2.4 Repairs. The City will repair any damages to the building: Each
party is responsible for the cost of damages they or their staff and not a member of the
public may incur through negligence, vandalism, or other reason beyond normal wear
and tear.
4.2.5 Cabinetry and Safekeeping. The City shall provide a safe, bolted to
the floor, for any cash that is collected in the building. Several cabinets will be
designated as lockers for staff to keep tables and desks clear and uncluttered.
Cabinetry is provided in the PSHS Premises described in Exhibit "A" ("Premises"); and
additional need by PSHS for storage or cabinets within the PSHS Premises shall be the
responsibility of PSHS. Any built-in cabinetry shall be approved in advance by the City.
4.2.6 Staff Restroom. The City shall provide for a staff restroom in the
Facility to be shared by staff. There will be no public use of staff restroom, unless an
absolute emergency. Public restrooms are located in the Plaza Las Flores building next
door, and in other locations approved by the City's Public Restroom Program.
4.2.7 Public Restroom. The City shall provide for public restrooms in the
Plaza Las Flores building next door, and may utilize other approved locations approved
by the City's Public Restroom Program. The City is responsible for developing a
maintenance schedule for regular cleaning and conduct all negotiations with the Plaza
Las Flores property owner.
Welwood License Agreement
Page 4 06
4.2.8 Supplies. The City shall provide funds for its own office supplies,
paper, toner, ink, furnishings, as well as all Library materials. PSHS is responsible for
providing its own office supplies, paper, toner, ink, furnishings, and materials.
4.2.9 Security Patrol. The City will provide for private security to assist
on an on-call basis and on a periodic check-in basis (via patrol, not posted guard).
4.2.10 Security Alarm Systems. The City will provide for private security
alarm system for the exterior perimeter of the property, but not the PSHS premises,
which shall be provided via separate contract by PSHS. PSHS shall use the same
vendor as the City's system.
4.3 Responsibilities of PSHS
4.3.1 Staffing. PSHS shall provide the City its operating schedule that as
closely as possible matches the Library hours at the Facility. From time to time,
depending on availability, PSHS staff may assist staff with duties in the building,
particular with customer needs including providing information, printing, computer
assistance, and issuing restroom keys.
4.3.2 Display racks. PSHS shall be provided brochure rack space for
itself in the public display area, as well as one of three display cabinets: one for PSHS,
and two for City display items. PSHS will be responsible for stocking and updating its
brochures and other materials.
4.3.3 Computers. PSHS shall provide its own computers in its Archive
Viewing Room as well as its own computers for PSHS staff administrative use.
4.3.4 Security Alarm Systems. PSHS will provide for a private security
alarm system for its exclusive premises, as well as be responsible for recharging the fire
suppression system in its archive room in the event of a discharge.
IN WITNESS WHEREOF, this Agreement has been executed in the name of
City, by its officers thereunto duly authorized, and PSHS as of the day and year first
above written.
CITY OF PALM SPRINGS PALM SPRINGS HISTORICAL SOCIETY
A California Charter City A 501(c)(3) Corporation
David H. Ready, Esq., Ph.D By:
City Manager Its:
SIGNATURES CONTINUED ON NEXT PAGE
Welwood License Agreement
Page 5 07
SIGNATURES CONTINUED
CITY OF PALM SPRINGS PALM SPRINGS HISTORICAL SOCIETY
A California Charter City A 501(c)(3) Corporation
ATTEST:
James Thompson By:
City Clerk Its:
APPROVED AS TO FORM:
Douglas C. Holland By:
City Attorney Its:
Welwood License Agreement
Page 6 08
Exhibit "A"
Description of the Property
(Furnishings Plan Produced by Design Collaborative Group)
Welwood License Agreement
Page 7 09
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MEMORIAL LIBRARY
DEsIGN BY
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Exhibit "B"
Rules, Regulations, and Procedures of the Facility
In all publications, including but not limited to brochures, flyers, press
release, articles, websites, the name of the Facility shall always be referred to as
the Welwood Murray Memorial Library.
Hours and Staffing
• Hours of Operation: The hours of operation for the Facility are: Sunday through
Saturday (7 days per week); the hours will be 9 am to 9 pm.
• Holidays. Facility will be open most holidays specifically to assist visitors and will
be closed only on Thanksgiving, Christmas and New Year's Days. Staff will be
required to work certain holidays, as decided by a Holiday schedule.
• Opening and Closing — Additional Hours. Staff will arrive 30 minutes prior to
opening and stay 15 minutes after closing to handle day-to-day opening/closing
procedures.
Conduct and Customer Service
• Conduct. All Staff from all the parties will act in a professional manner and be
courteous to the public. Managers in charge of each of the parties may discuss
staffing issues or concerns with each other as needed.
• No staff shall use the premises or equipment for personal business. No staff
shall use a personal cell phone during business hours in the customer service
area.
• Tracking. Visitors entering the Facility will be tracked via an electric eye at the
door to count people entering the building. The people counter will also have the
capability to count by time period so that peak traffic can be tracked.
Maintenance of the Premises
• Cleanliness of the Facility. All parties will work together to keep a clean and
inviting environment for themselves and the public. Special janitorial services will
be scheduled in cooperation with all parties (e.g. picking up lightweight objects
for floor polishing and carpet cleaning). Since floors are concrete, covered
beverages will be allowed in the building. Custodial will be taken care of in the
evening or called in the event of a spill or other cleaning issue.
Welwood License Agreement
Page 9 1 1
• Storage. Each agency will be assigned storage space and should have all items
stored within those areas. Due to the limited floor space, all merchandise must
be placed in display cabinets.
• All personal items (purses, backpacks, bags, coats, jackets, etc.) must be stored
and secured out of the public areas.
• Reception desk, credenza and all public tables will have minimal postings,
signage, and other information visible to the public.
• Space will be reserved in brochure racks for each agency.
• Items to be affixed to walls in common areas should not be mounted in a
permanent way that would damage the walls.
• Doors and windows, both interior and exterior will not be covered by any signs,
paper, or posters without approval by the Library Director. If approved, any items
affixed to glass must be mounted using suction cups.
Fees and Charges
• The Community Room has capacity for 40 people and will require payment of a
fee for use of the room and also a fee for staff time if the event is held after
hours. The Community Room is booked under the direction of the by Library
Director by Staff and use is approved by the Library Director. The fees and
instructions will be included on the City's website. The fees for the use of the
Community Room are:
o $200.00 for each half day (9 a.m. to 1 p.m. 11 p.m. to 5 p.m. 15 p.m. to 9 p.m.)
o $400.00 for a full day ending at 6 p.m. (9 a.m. to 6 p.m.)
o $600.00 fora full day ending at 9 p.m. (9 a.m. to 9 p.m.).
o There is also an administrative fee of $25.00.
• Users of the Community room do not get "early" or "late" access to the Facility; all
setup and cleanup must occur during normal business hours.
• Any advertising for events at the Community Room by outside groups must
contain the following disclaimer: "This event is not sponsored or endorsed by the
City of Palm Springs and does not reflect the views or policies of the City of Palm
Springs, its officers, officials, or staff."
Welwood License Agreement
Page 10 12
Palm Springs Historical Society
The Palm Springs Historical Society (the PSHS) is a Licensee and user of the Facility.
PSHS' normal operating policy is that visitors make an appointment to review the
archives. Appointments will only be during open hours at the Facility. Individuals can
call for reservations or book online to visit the archives and PSHS will have the ability to
buzz them into the archive room.
PSHS can designate Research Hours but will adjust their schedule to adapt to the
Facility's opening hours and days off. While the Facility is open more hours than PSHS
(9 a.m. to 9 p.m., 7 days per week), PSHS shall provide the Library Director its
operating schedule that as closely as possible matches the Library hours at the Facility.
PSHS will not staff the front desk; they will only work in the archive room. If PSHS staff
is not busy with visitors who have made appointments to review archives, however, they
will work with drop in visitors as well as providing some relief at the front desk for other
staff to take breaks or in the event of an emergency.
PSHS has one staff person at the McCallum Adobe Museum at all times and does
walking tours from that location.
PSHS will supply all furnishings, office supplies, and equipment for its space.
Welwood License Agreement
Page 11
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