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HomeMy WebLinkAbout2019/06/03 - Agenda Packet - Library Foundation Board a s a JUNE 35 2019 LIBRARY FOUNDATION BOARD AGENDA PAUL A. BIANE LIBRARY SECOND STORY EXHIBIT SPACE 12505 CULTURAL CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. 6:00 P.M. - CALL TO ORDER Roll Call: President, David Gonzalez Board Member, Jennifer Hufnagel Vice President, Teresa Akahoshi Board Member, Tim Johnson Secretary, Tina Gilfry Board Member, Ruth Leal Board Member, Noelia Chapa Board Member, Laurel Rice Board Member, Pam Easter Board Member, Heidi Soehnel B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Library Foundation Board on any item listed on the agenda. State law prohibits the Library Foundation Board from addressing any issue not previously included on the Agenda. The Board may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individual Members of the audience. This is a professional businessmeeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises or engaging in any activity which might be disruptive to the decorum of the meeting. C. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial.They will be acted upon by the Library Foundation Board at one time without discussion. Any item may be removed by a Member or member of the audience for discussion. C1. Consideration to Approve the Minutes of May 6, 2019. C2. Consideration to Approve Library Foundation Treasurer's Report of April 2019. I Aso � 1 L JUNE 3, 2019 LIBRARY FOUNDATION BOARD AGENDA D. DIRECTOR'S STAFF REPORTS The following items do not legally require any public testimony, although the President may open the meeting for public input. D1. Consideration and Discussion Regarding the Library Status. The Oral Report will be Presented by Julie A. Sowles, Library Director. D2. Consideration and Discussion Regarding Children's Services, Adult Services and Library Programming. The Oral Report will be Presented by Brian Sternberg, Assistant Library Director. E. BOARD BUSINESS The following items have been requested by the Library Foundation Board for discussion. They are not public hearing items, although the President may open the meeting for public input. E1. Consideration and Discussion Regarding Second Story Fundraising. The Staff Report will be Presented by Dianna Lee, Community Partnerships Coordinator. E2. Consideration to Approve the Library Foundation Board Memorandum of Understanding (MOU). Discussion led by President, David Gonzalez. E3. Consideration to Approve a RESOLUTION LFB19-001 to update authorized Local Agency Investment Fund (LAIF) account users. Discussion led by Julie Sowles, Library Director. E4, Consideration and Discussion of Star Wars Day Library Foundation Booth. E5. Consideration and Discussion of Strategic Plan. Discussion led by Board Member Noelia Chapa. E6. Consideration and Discussion Regarding Quakes Skybox use. Discussion led by President, David Gonzalez. E7. Election of Officers—Rancho Cucamonga Library Foundation Board's President and Vice President. E8. LIBRARY BOARD OF TRUSTEES LIAISON REPORT. An oral report will be presented by Mary Hannah. Page 2of3 JUNE 39 2019 LIBRARY FOUNDATION BOARD AGENDA E9. SUB-COMMITTEE UPDATES. E10. BOARDMEMBER ANNOUNCEMENTS. (Comments to be limited to three minutes per Board Member.) F. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING This is the time for the Library Foundation Board to identify the items they wish to discuss at the next meeting.These items will not be discussed at this meeting,only identified for the next meeting. G. ADJOURNMENT I,Jennifer Palacios, Library Administrative Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true,accurate copy of the foregoing agenda was posted on day, Thursday, May 30, 2019, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. Jennifer Palacios Library Executive Assistant II City of Rancho Cucamonga Mission Statement The Rancho Cucamonga Library Foundation supports the Rancho Cucamonga Public Library's innovative programs and services. We believe the Library is the cornerstone of lifelong learning throughout our community and region by transforming knowledge, imagination, and discovery. If you need special assistance or accommodations to participate in this meeting,please contact the Library at(909)477-2720, Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Page 3 of 3 Rtl`, 1-10 DATE: June 3, 2019 TO: Rancho Cucamonga Library Foundation Board FROM: Julie A. Sowles, Library Director SUBJECT: APPROVAL OF MINUTES RECOMMENDATION: Staff recommends the Library Foundation Board to approve the minutes of May 6, 2019. BACKGROUND: Attached, please find the minutes for the Library Foundation Board compiled by Executive Assistant II, Jennifer Palacios. ANALYSIS: None. FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENT(S): May 6, 2019 Minutes Item C1--1 CITY OF RANCHO CUCAMONGA RANCHO CUCAMONGA PUBLIC LIBRARY FOUNDATION BOARD Regular Meeting A. CALL TO ORDER The meeting of the Rancho Cucamonga Public Library Foundation Board was held on Monday, y , 2019, at the Paul A. Biane Library in the Second Story Open Exhibit Space, located at 12505 Cultural Center Drive, Rancho Cucamonga, California. The meeting was called to orderat 611-07 p.m. Present were Members, Akahoshi, Chapa, Easter, Gilfry, Gonzalez, Hufnagel, Johnson, is and Soehnel. Also present were Mary Hannah, Library Foundation Board Liaison, Julie A. Sowles, Library Director, Brian Sternberg, Assistant Library Director and Dianna Lee, Community Partnerships Coordinator. B. COMMUNICATIONS FROM THE PUBLIC None were presented. C. CONSENT CALENDAR C1. Consideration to approve Minutes of April 1, 2019, MOTION: Moved by Member Akahoshi to approve the minutes of April 1, 2019 seconded by Member Easter, motion carried, 9-0-1 (with Leal absent). C2, Consideration to approve Library Foundation Treasurer's Report of March 2019. MOTION: Moved by Member Johnson to approve the Library Foundation Treasurer's Report of March 2019, seconded by Member Chapa, motion carried, 9-0-1 (with Leal absent). Q. LIBRARY DIRECTOR'S STAFF REPORTS D1. Consideration and discussion regarding the Library Status,, The oral report will be presented by Julie Sowles, Library Director. Julie Sowles, Library Director, stated Margaret Hatanaka, Adult Services Supervisor accepted a new position with the City of Glendora as the Library Services Manager. Her last day was April 11, 2019. A recruitment to fill her position will be posted soon. Library Director Sovules reported she and Brian Sternberg, Assistant Library Director had a meeting with City Staff about the courtyard remodel project which will take place in the next year and a I . They discussed the possibility of having a permanent stage and shade in some areas of the space. The goal is to make the Courtyard more inviting for adults looking to spend time in that area of Victoria Gardens. Item C1-2 Library Foundation Board Minutes May 6, 2019 Page 2 Julie Sowles, Library Director, reported April 10, 2019, she was invited to attend the annual legislative trip in Washington D.C. with the Mayor, Mayor Prm and City Manager. Library Director Soes reported the Teen Librarians submitted a program proposal for the 20119 California Library Association Conference which was accepted. They will be sharing the Camp if Blood program that was held during last year's Summer Reading Program. Julie Sowles, Library Director, stated they held the first oft o Library orientations for then City Council Members. Council Member, Kristine Scott meet with staff to get an update on what the Library has been of since her departure from the Library Foundation Board. D2. Consideration and discussion regarding Children's Services, Adult Services and Library Programming. The oral report will be presented by Brian Sternberg, Assistant Library Director. Brian Sternberg, Assistant Library Director, reported Asian and Pacific Islanders (API) Cultural Arts Night will be on May 10, 2019. The theme will be Asian and Pacific Islander Fairy Tales, Folklore and Mythology. Assistant Library Director Sternberg reported May 8, 2019 will be the Back to Basics Graduation at the Cultural Center in Celebration Hall. The ceremony will feature speaker, David Allen and entertainment by the comedy magician, Arty Loom. Brian Sternberg, Assistant Library Director, reported the Star Wars Reads event will be held on Saturday, May 25, 2019 at the Blane Library. The City and Victoria Gardens are co-sponsoring the event. The event is expected to have over 4,000 guests attending with an opening procession of Star Wars characters. Assistant Library Director Sternberg discussed the Second Story handout with the Board noting forthcoming contract classes. E. BOARD BUSINESS El. Consideration and discussion regarding Second Story Fundraising. The Staff Report will be presented by Dianna Lee, Community Partnerships Coordinator. Dianna Lee, Community Partnerships Coordinator, gave an update on the Second to Campaign. E2. Consideration to approve revised Bylaws. Discussion led by Vice President, Teresa Akahoshi, and Board Members Pamela Easter and Noelia Chapa. Board Members Easter and Chapa discussed the revised changes int Library Foundation Bylaws. David Gonzalez, President, thanked the Board Members for working on the revision oft Bylaws and asked the Board to vote. MOTION: Moved by Member Johnson to approve the revised Bylaws, seconded by Member Gilfry, motion carried, 9-0-1 (with Leal absent). Item C1—3 Library Foundation Board Minutes May 6, 2019 Page 3 E3. Consideration to approve revised Conflict of Interest Policy, Corporate Support Policy and Library Foundation Board Member Commitment Description. Discussion led by Board Members Pamela Easter and Noelia Chapa. Board Member Chapa discussed with the Board the changes made to the Conflict of Interest Policy, Corporate Support Policy and Library Foundation Board Member Commitment Description. MOTION: Moved by Member Johnson to approve revised Conflict of Interest Policy, Corporate Support Policy and Library Foundation Board Member Commitment Description, seconded by Member Rice, motion carried, 9-0-1 (with Leal absent). E4. Consideration and discussion of Memorandum of Understanding (MOU) requests from the Foundation. Discussion led by President, David Gonzalez. President Gonzalez discussed with the Board the MOU requests raised during the Strategic Planning meeting on March 16, 2019. Board Member Gilfry asked for clarification regarding the wording for the Star Wars Day event. Library Director Sowles summarized what the support the Library will give the Foundation Board. The Library will continue to purchase, with the Foundation funds, the Star Wars Day giveaway books and the Library will continue to supply the booth, table and chairs the day oft event. David Gonzalez, President, stated this it will be presented at the June 19, 2019 City Council meeting. The requests will be finalized and voted on at the Foundation's June 3, 2019 meeting. E5. Consideration and discussion of Transition Checklist. Discussion led by Vice President, Teresa Akahoshi, and Board Members Pamela Easter and Noelia Chapa. The Transition Subcommittee discussed updates to the Checklist with the Board, E& Consideration and discussion of Strategic Plan. Discussion led by Board Members Noelia Chapa and Ruth Leal. The Board discussed revising the Strategic Plan and the final version will be shared out by Board Member Chapa at a future meeting. E7. LIBRARY BOARD OF TRUSTEES LIAISON REPORT. An oral report presented by Mary Hannah—, Mary Hannah, Library Foundation Board Liaison, reported the Library Board of Trustees met last month and the Board voted to cancel the June and July meetings.The Board also voted to remove the closure date of August 16, 2019 for Staff Development Day because library staff will have the opportunity to attend the CLA Conference this year in Pasadena, Library Foundation Board Liaison Hannah stated the presentation the Board received from Jason Castellanos, Technology Supervisor and Miguel Castaneda, Library Technician was very interesting. The Librarians discussed how books are received and distributed tot community. Item C1—4 Library Foundation Board Minutes May 6, 2019 Page T E8. SUB-COMMITTEE UPDATES. Pam Easter, Board Member, announced August 8, 2019 the Foundation will have use of the Quakes Skybox to invite donors and to fun draise for the Second Story. E9. BOARDMEMBER ANNOUNCEMENTS. (Comments to be limited to three minutes per Board Member.) Laurel is Board Member, stated she met with Julie owl s, Library Director and Jennifer Palacios, Executive Assistant 11 out her forthcoming Secretarial duties. Board Member is asked the Board if it was okay to go paperless for future agendas. She mentioned if a paper copy was needed she would print at the Library and have the copy available for them to come and pickup. The Board agreed to print it own copy. Board Member is asked for Board approval to change the for oft meeting minutes document to action it format. The Board agreed to use action it format minutes. F. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING MOU Quakes Sky Box Narrative Report on Strategic Planning G. ADJOURNMENT MOTION. Moved by Member Akahoshi to adjourn to Monday, June 3, 2019, seconded by Member Easter, motion carried, 9-0-1 (with Leal absent). The meeting adjourned at 7:21 p m, Respectfully submitted, Tina Gilfry Secretary, Library Foundation Board Prepared by, Jennifer Palacios, Executive Assistant Approve& Item C1—5 "c a �p Flu 14 DATE: June 3, 2019 TO: Rancho Cucamonga Library Foundation Board FROM: Julie A. Sowles, Library Director SUBJECT: TREASURER REPORT—APRIL 2019 CASH REpo t r BEGINNING MTD MTQ ENDING AFriI 201 CASH BALANCE REVENUES PENIDIT4 FiE S CASH BALANCE FDNC enerall $10,729,88 1,31M3,31r.) jgg299.32 Archi aid Children's Books Endowment 4 I_0. 0 Victoria Gardens Il3ooks 3 ;�25.00 ...x.............................. Adult L"99MU t_9,400.55 fi 00.5 r Terrii Jacobs- Literac3 555.70 gj5L5.70 PIa)L& Learn Islands'm jg5472.5Q $121472.50 .1 6a A. I...uvese Trust Account 2 51 I, Innovation Fund li z.050.00 Moving Forward:Workforce Tech Skills I:fton '12 500.00 112,500.00 Operating Il eserve Fund 5 000.00 5 x .00 Second Stcr 23,320.25 2, 0,tD 11?1222:25 320,25 UnalI ted Funds 759 000000 N- Item C2-1 TREASURER REPORT—APRIL 2019 June 3, 2019 Page 2 TOTAL LI, 22,t a j.. $12,729.88 $1,308.30 LAIF Account $1,449,72&62 Transferred to LAIF Account IF Interest $9,093.88 Union Bank Account $151,664.79 Deposits in Transit Less Outstanding Checks Total Library Foundation Holdings, $1,610,485.29 Revenues: $12,729.88 Pamela Easter & Ryan/ Larissa Miller $ 2,000.00 Second Story LAW Interest $ 9,093.88 General Fund Lewis Apt. 05 $ 1,500.00 General Fund Biane Donation Box $ 136.00 General Fund Expenditures: $1308.30 Reimbursement- Pam Easter $ 54.30 General Fund Carol Durkel's Retirement gift card&card Philadelphia Insurance Company $ 1,041.00 General Fund Risk Management annual service charge LSL CPAs and Advisors $ 213.00 General Fund Preparation of form 1099's Total Holdings $ 1,610,485.29 Outstanding Library Budget $ 207,800.00 Second Story Campaign Commitment $ 500,000.00 Available Funds $ 902,685.29 ATTACHMENT(S): Rancho Cucamonga Public Library Foundation Budget FY2018-2019 Budget. Item C2-2 RANCHO CUCAMONGA PUBLIC LIBRARY FOUNDATION BUDGET FY 2018-2019 LAIF $1,426,463 Union Bank Account $69,884 Total Opening Assets $1,496,347 FY 2018-2019 REVENUES PROJECTED $145,525 Library Foundation Balance(Projected) $1,641,871 Library Foundation Expenditures Total Expenditures Projected (552,498) Total Balance Remaining in Library Foundation for FY 2018-2019 51,589,373 PRELIMINARY PROPOSED BUDGET 2018-2019 BUDGET BUDGET YTD BUDGET 2017/2018 201812019 ACTIVITY AMT RMNG Rental Income $16,800 $16,500 $10,600 $5,900 Interest Earned $5,000 $10,000 $32,358 $221,�358 Personal Donations(Incl.direct mail campaign) $5,000 $5,000 $1,396 $3,604 Other Events $15,000 $18,000 $19,389 $1,3391 Corporate Grants $5,000 $5,000 $0 $5=0 Play and Learn IslandTM Revenue $20,000 $20,000 $o $20,000 Second Story Campaign $0 $75,000 $81,782 $13,782 REVENUE TOTALS $661800 $149,500 $1145,525 $3,975.04 Conference for Boardmembers ($11,000) ($600) $o ($600) Board Expenses ($-1,0010) ($440) ($560) Del Mar Apt.5 Utilities $o ($I 8,�F) ($306) $119 Gyroscope Contract ($261,500) $o $0 $0 Insurance ('$1,041') ($1 1050) ($11,041) ($9) Board Training/Strategic Planning ($21,00D) ($211000) $0 ($2,000) Major Direct Mail Piece ($71,1000) ($7,000) so ($7,0100) Annual Calendar ($15,000) $0 1$0 $o Postage $0 11000) ($54) ($946) Publicity ($2,,000) ($21,000) 1($2,000) $0 Tax Preparation ($1„000) ($21,500) ($2,768) $268 Library Programming Incentives (!$I i(xic)) ($11,000) ($804) ('$106',) 2nd Story Campaign Related Events ($31,800) ($653) (S3,114-7) GilfrylLewis Event $0 ($6,100) ($3:,871) ($!211229) Quakes Skybox Event. $0 ($4,".25) $o ($425) TOTAL OPERATIONAL EXPENDITURES ($63,5411) .......t$28l662) L$12,0261 L$16,636�1 2nd Story Development Consultants $0 ($125,1000) $1D ($1125,000) Adult Literacy ($110�(.:00) (Slo:looq) $o ($,10110100) Children's/Special Programs ($5,000) $0 $0 $0 Cultural Arts Nights ($'1'5„000) (SI 511,000) ($61000) 0'11011000',) Corporate Grant (,$511000) Sir) ($51,10011)) Exhibit Rental (S40,N),D) $0 $o $o Fund Development Coordinator ($251,0,010) ($26,800) ($!261,800) $0 Star Wars Reads Event $0 ($5,000) ($4,996) ($4) Matching for Library Grants ($I 51,0DO) ($15,000) so ($15,1000) National Library Week Banner $0 1($1,000) ($11,017) $17 Professional Development/Innovation Fund ($5:,000) ($511000) ($2,659) ($21,3411) TOTAL FOUNDATION EXPENDITURES $183,5411 L$236,4621 052,498) ($183,964) Item C2-3 DATE: June 3, 2019 TO: Rancho Cucamonga Library Foundation Board FROM: Julie A. Sowles, Library Director SUBJECT: CONSIDERATION AND DISCUSSION REGARDING SECOND STORY AND BEYOND FUNDRAISING RECOMMENDATION: No recommendation. For information only. BACKGROUND: Dianna Lee sent out prescheduled pledge invoices to several donors per their contractual agreement. Additional thank you letters have been sent out for donations received this month as well. Prospective donor tours are still pending for: Richards, CORE and Flynn. Dianna Lee is working with the Fundraising Subcommittee on the master donor list to identify the top 25 potential major individuals and/or organizations on the donor list. The Subcommittee will be reviewing these to create a priority list to focus their attention on this year. There is still time to add potential donor contacts that a Board Member feels should be included. Please contact Dianna Lee to add them to the donor solicitation strategy for 2019/2020. Several of the newest Board Members are beginning to generate names for the master prospect list. A Foundation orientation was held on May 29, 2019 for new Board Members. The orientation focused on the history or the organization, Library programs and services supported by the Foundation as well as all aspects of the Foundation's fundraising goals. ANALYSIS: None. FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENT(S): None. Item E1-1 MEMORANDUM E STA between CITY OF RANCHOCUCAMONGA and RANCHOCUCAMONGA LIBRARY FOUNDATION This Memorandum of Understanding("Agreement") is made and entered into this ay of. , 2019, by and between the City of Rancho Cucamonga (the "City"), a municipal corporation organized under the laws of the State of California, and the Rancho Cucamonga Library Foundation ("Foundation"), a California nonprofit corporation. RE CITALS WHEREAS, the City is a municipal corporation organized under the laws of the State of California and incorporated in 1977. The City operates the Rancho Cucamonga lic Library ("Library"). As of the effective date of this Agreement„ the Library consists of(i) two physical locations, the Archibald Library located at 7368 Archibald Avenue and the Paul A. Biane Library located at 12505 Cultural Center Drive ("Biane Library"); (ii) a bookmobile; (iii) virtual library; an (iv) associated electronic and physical library resources, The City intends to add two additional physical locations to the Library in the future; WHEREAS, the Foundation is a non-profit 501(c)( ) Public Benefit Corporation founded in 1996 and dedicatedto assisting the Library in improving the quality of library services to the citizens of the City; WHEREAS,the Foundation raises and manages funds to assist the City in improving library services to the citizens of Rancho Cucamonga, and to support lifelong learning throughout our community by transforming knowledge, imagination, and discovery; WHEREAS, the support, promotion, and advancement of library services by the Foundation is in addition to existing City-funded programs that support library services; WHEREAS, the City recognizes the Foundation as an organization that plans, initiates, directs, and coordinates development efforts in pursuit of giftsupport for the City's library services from private sources; WHEREAS, the parties are independent entities, recognize that close collaboration and cooperation are essential to attain their respective missions, and seek to avoid competition for funds or unproductive duplication of efforts; and WHEREAS, the City and Foundation a it appropriate to, and do hereby, memorialize the relationship between the City and Foundation with this Agreement, a utally agree to the respective roles, rights, and obligations of the City and the Foundation s set forth in this Agreement. AGREEMENT NOW, THEREFORE, the parties agree as foilows: City and RCLF AIOU­ 05022019 Page 1 of 8 11331-0001L0299038v4 doc I —'I A. Ci!y Roles and Responsibilities. 1. 'Ci!y Representative. a. The City's designated point of contact for all Foundation-related communications shall be its Library Director. b. The Library Director shall-. i) Pursuant to Section B.3. below, serve as an ex-officio member of the Foundation's Board of Directors ("Foundation Board") in order to represent the City's interests on the Foundation Board; ii) Participate in Foundation Board meetings when available or make available a Library employee to represent the Library Director when unavailable; iii) Participate in subcommittee meetings of the Foundation Board, and the Foundation's signature and special events as appropriate; iv) Provide the Foundation with expertise and information regarding the Library's operation; and V) Facilitate a collaborative and supportive working relationship between the Foundation and Library. 2. Citv Meeting Suoi)ort. a. The City shall make available a meeting room at a City facility for Foundation board meetings. subcommittee meetings, and special meetings. b. The primary meeting room for Foundation meetings will be at the Blane Library. However, in the event of a scheduling conflict, the meeting room may be moved to another City building at the City's discretion. C. Meeting space will be available Monday through Thursday, provided that the Foundation's meetings may not interfere with previously scheduled events at the facility. Foundation meetings must conclude prior to 8:00 p.m., unless otherwise approved by the Library Director in advance of the meeting. d. The City shall provide printing/photocopy services for the production of the Foundation's meeting packets. -2- 123 k00W%2299038'64 dOC Item E2-2 3. i file ort. a. Subject to applicable records retention laws and policies, the City shall give the Foundation all documents created prior to the effective date of this Agreement and already in the City's possession that relate to the Foundation's operations. This shall include, but is not limited to, financials, fundraising paperwork, and correspondence of the Foundation. . The City shall provide the Foundation with space for one (1), four ( ) or five ( ) drawer file cabinet at the Biane Library. 4. City vet Support. a. Signature and Special Events i) As deemed appropriate by the Library Director, City staff will provide pre-event planning and logistics support as well as day of event support to the Foundation for official Foundation events. ii) The City shall make available a rental space at a City facility for three (3) Foundation events each year. The Foundation's requests for additional events shall require submittal of a written proposal for approval by the Library Director. The City's facility rental fee and deposit shall be waived for Foundation events. The primary rentals ace shall be at the Victoria Gardens Cultural Center. However, in the event of scheduling conflict, the rental space may e moved to another available City facility at the City's discretion. iii) The rental space shall be inclusive of tables and chairs arrangedin the Foundation's desired layout. Any additional items will be subject to the current City Fee Schedule, if applicable, and other costs associated with the event shall be paid for by the Foundation. b. Star Wars Reads Event i) The City shall make space available to the Foundation at a City facility for an event booth, furnished with: tables, chairs,two O prize wheels and, when weather requires, shade awnings, for the Library's annual Star Wars Reads Event. -3- II 3I!-O(X.)IU2990.:8%4 doe Item E2-3 C. Skybox i) The City shall make available to the Foundation one (1) use of the City's Skybox Suite at Loan art Field free of charge, during each Rancho Cucamonga Quakes season. ii) The Foundation's use of the Skybox must be coordinated through the Library Director. 5. Fundraising, Sponsorship,and Promotional Supg2rt. a. Nothing in this Agreement shall be construed to interfere `with the City's or the Foundation's obligations in existing agreements made between the City, the Foundation and/or a Library donor, including all naming-rights agreements at the Library or Cultural Center. b. Performing Arts and Literacy (PAL) Donor Bricks and Tiles Dedications i) The City shall ensure the existing Donor Bricks in the Donor Walkway and Donor Tiles in the Breezeway located at the Victoria Gardens Cultural Center are maintained at a satisfactory level of service,ensuring the bricks and tiles match the appearance and condition as when originally installed. ii) In the event that the Donor Walkway or Breezeway is remodeled or removed, the City shall replace/preserve the Donor Bricks and Tiles with an item of equal prominence and visibility, and notify donors of these changes, to the extent possible, using available contact information. c, Second Story and Beyond donor level packages established by the Library Foundation in 2018 cannot be altered by the Foundation without the approval of the City Manager. d. The City and Foundation will cooperate to identify locations for appropriate donor recognition signage related to the Second Story and Beyond Capital Campaign. Methods of installation and maintenance of all signage shall be approved by the City. 6. C i_qCost,Respo ns ibili_q, Except as set forth in this Agreement, the City shall have no obligation to provide funding to the Foundation. B. Foundation Roles and Responsibilities. 1. Foundation Renresentative. The designated point of contact for all City- related communications shall be the Foundation President. 4- W11-OWN Q:299038w4 duc Item E2-4 2. 'Foundation vet Responsibilities. a. The Foundation shall submit all required City paperwork and desired room or event space layouts in a timely manner prior to the scheduled meeting or event. The Foundation shall be responsible for returning the room or events ace to its original state at the conclusion of each meeting or event. . The rental space shall be inclusive of tables and chairs arranged i the Foundation's desired layout. Any additional items will be subject to the current City Fee Schedule. Except for the rental fee and deposit, the Foundation shall also be responsible for all other event costs, including printing and postage. C. The Foundation shall be responsible for the planning and financing of all donor recognition and fundraising events, including securing donations, meeting venue insurance requirements, adhering to the requirements of the City's current Catering Contract Policy and securing a photographer. 3. Foundation ylaw Provisions. a. The Foundation shall maintain in its bylaws a provision that ensures that the person serving in the position of Library Director is an ex officio member of the Foundation's Board of Directors. b. The Foundation shall maintain in its bylaws and articles o incorporation, a dissolution provision ensuring that the Foundation will transfer its assets and property to the City of Rancho Cca oa's Library Fund if the Foundation ceases to exist, in accordance with all applicable laws and contractual obligations. 4. Grant and Sl2onsorshipFunding. The Foundation and City shall endeavor to notify each other at least sixty (6 ) days in advance if they become aware of a grant or sponsorship deadline if it impacts the other entity's operations, programs, door resources. 5. Reporting Reguirements. The l"°'otion shall provide to the Library Director an annual: . President's report, summarizing the events and activities of the year; . Treasurer's report of the receipts, expenditures, investments, and state of the monies and property of the Foundation; and C. Budget for the upcoming fiscal year. -5- Item E2-5 6. Communily Partnerships Coordinator. For Fiscal Years 2019/2020 and 2020/2021, the Foundation will fund 22.5%of the City's Community Partnerships Coordinator's (CPC) burdened rate (inclusive of salary and benefits). By January 15, 2021, the Foundation will notify the Library Director in writing whether it will fund a portion of the CPC position for Fiscal Year 2021-12022. By November 15th of each fiscal year, the Library will submit an invoice to the Foundation for its share of the CPC position's burdened rate for that particular fiscal year. The Foundation shall remit payment for the invoice to the City within thirty(30) days of receipt of the invoice. The Foundation may provide to the Library Director, performance feedback and input on future goals and expectations of the City's CPC position, as it relates to his1her Foundation-related performance. C. Benefits Received. The value of all facility and equipment use, supplies, personnel, partnerships, in- kind goods, and other services which the City provides to the Foundation shall not exceed the benefit received by the City from the Foundation in any fiscal year. The Library Director, in collaboration with the Foundation's Executive Committee, will annually review the benefits received by both parties to ensure the above-mentioned benefits are in alignment with this Agreement. D. Additional Terms. 1. Independent Entities. E'xcept for the Library Director's position as an ex officio member of the Foundation's Board of Directors, neither Party shall be deemed to be an agent ore ployee of the other. Nothing herein shall be deemed to create any form of partnership,joint venture, or an employer/employee relationship. Neither Party shall be responsible for the payment of benefits, wages or salaries, of any nature, normally paid by the other party to its employees and officers. 2. Indemni!y. The Foundation shall indemnify, defend, and hold the City, including its elected officials, officers,employees, volunteers, and agents, free and harmless with respect to any and all claims, damages, liabilities, and/or lawsuits, including the payment of reasonable attorneys fees, arising out of the acts or omissions of the Foundation while performing under this Agreement. 3. Conflicts of Interest. It is mutually agreed that the City and the Foundation will operate proactively to identify and avoid potential conflicts of interest involving officers and employees, Foundation Board Members, and Foundation staff. The conflict of interest provisions of both the City's policies and the Foundation's policies are expressly applicable to all interactions between the City and the Foundation, provided that -6- 111231 000 1 Q29901.,;8v4 Joc Item E2-6 nothing in this Agreement shall be construed to supersede or diminish the City's obligations to comply with applicable ethics laws, including the Political Reform Act and Government Code Section 1090. 4. Amendments. No alteration, amendment, or modification of any term of this Agreement shall be valid unless made in writing and signed by the parties. 5. Assignment. This Agreement is not assignable by either party in whole or in part. 6. Notices. All notices required under this Agreement shall be sent by regular mail, postage prepaid and addressed, as follows: If to Foundation: ................................................................................................................................................................................................ ............................................................................................................................... Irto Rancho Cucamonga: ............ ......................................................................................................................................................................................................................................................... 7. Term. This Agreement shall have an initial term of five (5) years beginning from the effective date set forth in the preamble ("Initial Term"). The Initial Term shall be automatically extended for successive one(1) year terms ("Successive Term"), unless a party notifies the other party at least ninety(90) days in advance of the scheduled conclusion of the Initial Term or Successive Term, as the case may be, that it wishes to terminate this Agreement. In that case, this Agreement shall not be extended and shall be terminated at the conclusion of the applicable Initial Term or Successive Term. -7- MI-OOM12299038%4 doe, Item E2-7 8. Governing Law. This Agreement shall be governed by the laws of the State of California. Before instituting any legal action, the parties shall meet and attempt in good faith to resolve the disagreement. 9. 'Third Parly Beneficiaries. Nothing in this Agreement is intended to create duties or obligations to, or rights in, third-parties not parties to this Agreement. 10. Entire Agreement. This Agreement constitutes the entire agreement of the parties, including all oral understandings, on the subject of their general and overall relationship. The parties may enter into other stand- alone agreements on specific subjects. All such agreements shall be in writing and signed by the parties. [SIGNATURES PAGE FOLLOWS] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the day and date in the preamble of this Agreement. Cit : Foundation: City of Rancho Cucamonga, Rancho Cucamonga Library Foundation, a municipal corporation a California nonprofit corporation By_ By­­­­­­­­­­...... ............. Name: L. Dennis Michael Name: Title: Mayor Title: ........... ................ APPROVED AST FORM: Name- Title: James L. Markman City Attorney -8- 1 M 4.4)0 9 h229 9038Y 4 dm. Item E2-8 RESOLUTION O. L 19-001 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA LIBRARY FOUNDATION, RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE LIST OF OFFICERS WHO ARE AUTHORIZED TO ORDER THE DEPOSIT OR WITHDRAWAL OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND FOR THE RANCHO CUCAMONGA LIBRARY FOUNDATION WHEREAS, Pursuant to Chapter 730 of the Statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the Board of Directors does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein is in the best interests of the Foundation. NOW THEREFORE, ITR SOLVED, that the Board of Directors does hereby authorize the deposit and withdrawal of Foundation monies in the Local Agency Investment Fund in the State Treasury in accordance with provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard. BE IT FURTHER RESOLVED, that the following persons/Foundation officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund for the Rancho Cucamonga Library Foundation: David Gonzalez Teresa Akahoshi President Vice President Rancho Cucamonga Library Rancho Cucamonga Library Foundation Foundation Laurel Rice Tim Johnson Secretary Treasurer Rancho Cucamonga Library Rancho Cucamonga Library Foundation Foundation PASSED APPROVED, AND ADOPTED, this 3rd day of June, 2019. AYES: NOES: SENT: ABSTAIN: Item E3--t