MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RIVERSIDE
AND THE RIVERSIDE PUBLIC LIBRARY FOUNDATION
This Memorandum of Understanding ("MOU") is entered into this _ day of ___ , 20_ ("Effective Date"), by and between the City of Riverside, a California charter city and municipal corporation, acting through the Riverside Public Library ("RPL"), and Riverside Public Library Foundation, Inc., a California non-profit corporation ("Foundation") (hereafter referred to collectively as "Parties").
RECITALS
A. WHEREAS, the objective of this MOU is to establish the standards, terms, and conditions under which the Parties will collaborate to implement the Riverside Public Library Foundation's Literacy Legacy Program for the benefit of the Riverside Public Library; and
B. WHEREAS, the Riverside Public Library Foundation was formed as a non-profit corporation on July 26, 1997, for the purpose of raising funds to ensure the continued excellence of public library services for all City of Riverside residents.
C. WHEREAS, consistent with its purpose, the Foundation has created the Literacy Legacy Program to support the future development and sustainability of Riverside Public Library's state-of-the-art libraries and to advance the collective vision of expanding spaces for imagination, discovery, and connections by provided books, digital resources, technology, adult and family literacy programs, classes/programs for all ages, innovation centers, and spaces for community gathering, specifically by soliciting donations from donors, in consideration they will be given naming rights to specified Riverside Public Library spaces, facilities, buildings, etc.; and D. WHEREAS, the goal of the Literacy Legacy Program is to raise $10 million over the next five years to support and sustain the Riverside Public Library; and E. WHEREAS, RPL agrees to work with the Foundation in the receipt and organization of this support.
NOW, THEREFORE, the Parties hereto agree as follows:
1. PURPOSE. Parties shall use their best efforts to arrange financial support for the Riverside Public Library by way of implementing the Literacy Legacy Program, the scope of which is attached hereto as Exhibit "A" and incorporated herein by reference, to help fund the Parties' collective vision of expanding Riverside Public Library spaces for imagination, discovery, and connections by providing books, digital resources, technology, adult and family literacy programs, classes/programs for all ages, innovation centers, and 1 spaces for community gathering. These gift funds are to be used to supplement and expand programs and services and not to take the place of city funding for RPL programs.
2. TERM. This MOU will be effective from the Effective Date and shall remain in effect for five years and may be extended by mutual written agreement of the Parties. Either Party upon thirty (30) days' written notice to the other Party may terminate this MOU.
3. DEFINITIONS.
3. I General. The definitions set forth in the above recitals shall apply to this Agreement unless indicated otherwise.
3.2 Director. "Director" shall mean the Director of the Riverside Public Library. 3 .3 Funds. "Funds" shall include Gifts, Grants, and any other contributions given to the Foundation by donors, or subsequently to RPL by the Foundation, for the benefit of the Riverside Public Library. ·
3 .4 Gift. "Gift" shall mean a donation, monetary or in-kind, in which nothing of significant value is expected from the Foundation or RPL in return.
3.5 Grant. "Grant" shall mean a donation in which some specified statement of work or other condition, such as matching funds, is required ofRPL.
3.6 Policies. "Policies" shall mean the policies set by the City Charter, the City Municipal Code, the City Administrative Manual, and any other rules set by ordinance or resolution, as may be amended from time to time.
4. THE FOUNDATION'S RESPONSIBILITIES.
4.1 Fundraising. The Foundation shall plan and execute comprehensive fundraising programs as part of the Literacy Legacy Program and create an environment conducive to increasing levels of financial support for the Riverside Public Library through Donations and Gifts, both in-kind and monetary, Grants, or other contributions, consistent with the mission and priorities of RPL.
4.2 Grants. The Foundation shall not accept a Grant, except in special circumstance wherein RPL has approved such application in accordance with Policies.
4.3 Restrictions on Funds. The Foundation shall obtain the written approval of the Director before applying for or accepting any Funds with restrictions. The Director reserves the right to refuse such approval for any reason, without explanation. The Director's approval shall not be deemed to bind the City to any requirement or obligation under the Grant.
2 4.4 Designation of Funds. The Foundation shall clearly designate Funds as restricted, as well as disclose any terms, conditions, or limitations to the Funds, including but not limited to, allowable and disallowable expenses in the use of such Funds.
4.5 Transfer of Funds. The Foundation shall establish a clear process by which only the City, through RPL, may apply for use of the Funds. As the primary depository of Funds, the Foundation shall transfer Funds in compliance with applicable laws, Policies, and Gift agreements if applicable.
4.6 Management of Funds. The Foundation shall be responsible for the control and management of all assets of the Foundation, including the prudent management of all donations consistent with donor intent.
4.7 Data and Records. The Foundation shall maintain thorough and accur~te records of all donations, including donor information, all restrictions on Funds, and requests for public acknowledgment. The Foundation shall provide RPL access to such data and records, as requested by RPL.
4.8 Corporate Operation. The Foundation shall be responsible for the performance and oversight of all aspects of its operations, as well as the employment, compensation, and evaluation of all of its agents.
4.9 Administrative Fee. All incoming Funds will be assessed an administrative fee of up to 6% by RPLF. This fee will help cover expenses associated with the Literary Literacy campaign: gift acceptance processes, naming signage, and gift fund administration (e.g., accounting, auditing, reporting, and investment management).
5. RPL'S RESPONSIBILITIES.
5 .1 Communication of Mission. Director shall be responsible for communicating RPL' s priorities and long-term plans for the Riverside Public Library to the Foundation and to the public, including but not limited to, the restoration plans and programming plans for the Riverside Public Library facilities.
5.2 Fundraising Support. RPL shall use its best efforts to work collaboratively with the Foundation to provide marketing support.
5.3 Updates. Director shall provide regular updates to the Foundation regarding the condition of the Riverside Public Library facilities and its immediate physical needs. 5 .4 Compliance with Restrictions. RPL shall use Funds in accordance with all applicable restrictions imposed by the Foundation when providing the Funds to RPL.
5.5 Recordkeeping. RPL shall maintain a thorough accounting of all received Funds. 3 6. CITY SEAL. The Foundation shall operate under its own seal and logotype and shall not use the City's or RPL's seal or other identifying marks in the promotion of its business and activities.
7. NOTICES/POINTS OF CONTACT. For purposes of the administration of this MOU, including all notices, the points of contact for the Parties shall be as follows:
Riverside Public Library
Riverside Main Library
3900 Mission Inn Avenue
Riverside, CA 92501
Riverside Public Library Foundation
P.O. Box349
Riverside, CA 92502
8. NO AGENCY RELATIONSIDP. Parties have a relationship based entirely on, and defined by, the express provisions of this MOU and no partnership, joint venture, agency, fiduciary or employment relationship is intended or created by reason of this MOU. In the performance of this MOU, the Foundation, and Foundation's employees, subcontractors, and agents, shall act in an independent capacity and not as officers or employees of the City of Riverside. Foundation acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Foundation, or to Foundation's employees, subcontractors, and agents. The Foundation shall be responsible for any and all truces that apply to the Foundation as an employer.
9. AMENDMENTS. This MOU may be modified or amended only by an amendment to this MOU, agreed to by both Parties in writing.
10. VENUE AND ATTORNEYS' FEES. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this MOU shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this MOU or to recover any damages for and on account of the breach of any term or condition of this MOU, it is mutually agreed that each party shall bear the cost of its own attorneys' fees.
11. SEVERABILITY. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this MOU shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this MOU is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this MOU and shall not affect any other provision, term, condition, covenant and/or restriction of this MOU, and the remainder of the MOU shall continue in full force and effect. 4 12. AUTHORITY. The individuals executing this MOU and the instruments referenced herein on behalf of Parties each represent and warrant that they have the legal power, right and actual authority to bind Parties to the terms and conditions hereof and thereof.
13. ENTIRE AGREEMENT. This MOU constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this MOU, and supersedes all prior and contemporaneous agreements, understandings, or MOUs of the parties. Neither party has been induced to enter into this MOU by and neither party is relying on any representation or warranty outside those expressly set forth in this MOU.
14. INTERPRETATION. Parties acknowledge and agree that this MOU is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this MOU.
14.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the MOU or any of its terms. Reference to section numbers, are to sections in the MOU unless expressly stated otherwise.
14.2 This MOU shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this MOU. [SIGNATURES ON FOLLOWING PAGE]
5 IN WITNESS WHEREOF, RPL and Foundation have caused this MOU to be duly executed the day and year first above written.
CITY OF RIVERSIDE, a California
municipal corporation and charter city,
by and through the RIVERSIDE
PUBLIC LIBRARY
By: _________ _
City Manager
Date
By:----------
Library Director
Date
Attest: ----------City Clerk
Date
Approved as to Form:
By: ~Vh- UL(~
Deputy City Attorney
Date
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20-0395 BSM 2/9/22
6 RIVERSIDE PUBLIC LIBRARY
FOUNDATION,
a California non-profit corporation
By: ~,--z;;;:..._ ,-)
Presi nt
Date 7 7
ief Financial Officer
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Date
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EXHIBIT A~ LITERACY LEGACY PROGRAM BROCHURE
7 ..
The Design of the New Riverside Main Library
Riverside is deservedly proud of its long distinguished history and its eclectic robust architec tural legacy. While carrying forward lhese lraditions, principal architects Steve Johnson and Jim Favaro of Johnson Favaro designed a library that is contemporary in plan and conception - a vital modern institution abreast of all technological developments and a symbol of ad vancement and learning. It creates a landmark befitting of our time, continuing the traditions but also reOecring contemporary aspiration in a way that is commensurate with the contribu tions of the early 20th century city pioneers.
The exterior design of the new Riverside Main Library is inspired by a wide range of Califor nia architectu ral styles - Spanish Colonial Revival, Moonsh Revival, Spanish Goth ic, Renais sance Revival. These varied influences include The Mission Inn itself in its use of cast-in-place concrete as well as its inspiration of Mission Revival; the California Missions in the use of whi te plaste r surfaces, both dramatic and simple, that when curved against the California sky, renect the intense heat of i he southw estern sun; the histor ica l and easily recognized arch and balloon vault form - thousan ds of years old, yet found in the Missions in the !ate 18th Century, in the neighboring Fox Theater of 1929, in the designs of the Mid-20th- Century architect Irving Gill, 1n Eero Saarinen's TWA Terminal at JFK Airpo rt - that give shape to the windows and the ceiling; and the marble print porcela in rile that faces historic Mission Inn Avenue that gives the material substance at once ancient (shared by civic architectu re for thousands of years) and yet bold and modern in expression.
In the Interior of the Library , r ich r eds, golds, greens, and ochres from ancient times and cult ures enliven walls, porce lain, and art. The Children's Space walls and ceilings are at once a colorful marketplace in Guadalajara, a tribute to the mid-century artist Josef Albers, and a linle bit of Pompeii thrown in for good measure. A light fixtur e over the story ti me area recalls carnival rides or festival lighting - an homage to Riverside's Festival of Lights.
From a high vantage point , library patrons will see the extraordinary environs of Riverside.
The 3rd-and 4th-floor areas offe r astonishing views of the city spreading nort h t owards the San Gabriel and San Bernardino mountai n ranges and west to the local landmark Mount Rubidoux. Four large boulders common to the Santa Ana River basin are imbe dded in the 3rd-floor outdoor readi ng terrace, pieces of local terra firma upon which to perch .
The forms of the new library are both time -honored and forward looking for this genera tion of those living and grow ing up in Riverside and wi!l create a landmark appro priate of our time - continuing the traditions, yet reflecting today's hopes and ambitions .
Join the Literacy Legacy
The Riv erside Public library is the cult ural and learn ing cente r for the community - encou raging t he joy
and wo nder of reading, t he wisdom of diverse ideas,
and t he power of life long learn ing.
Library services are provided at eight locatio ns
t hrougho ut the City wi th new technolog ies, meet
ing are as for sma ll and large groups, and captivating child ren's spaces. On average each yea r, more than
500,000 custo m ers visit t il e Library. They lea rn new tec hnolog ies, sing and da nce in storytim es, apply for wo rk via co mputer s. Th ey borrow mo re than 500,000
items , (includ ing n early 44,000 digita l materials), par ticipat e in 1,700 programs, and have visite d the lib rary website mo re than 3.5 milli on times.
The River side Public Library Foundation is creati ng
the LITERACY LEGACY Progra m to support the futu re
deve lopment and sustainabi lity of our state- of-t he-art libraries.
LITERACY LEGACY wi l1 adva nce o ur collective vision of expand ing spaces for im agination, discovery, and con nectio ns by prov iding these ma terials and services:
Books
(more bestsellersand children's books)
Digital Resource s
(e-books, e-audiobooks, e-reference materials)
Technology
Adult and Fam ily literacy Programs
Classes/Programs for all ages
Innovation Centers
Spaces for Community Gathering
The LITERACY LEGACY PROGRAM
The goal of the literacy legacy Program is to raise $10m illion over the next five years to suppo rt and sustain th e Riverside Library, ensuring its excellence for Riverside citizens. You can make a lasting gift and become pan of this program in two ways over the five-year period You can put your nam e, or the name of
a loved one, on one of the prominent
spaces in the new Main Library
(see the following pages for spaces and amourllS)
OR
Please see the forms at the back of this brochure for how to participate.
You can put your name or the name of a loved
one on the Legacy Wall ($1,000 or $2,500)
DOUBLE YOUR DONATION with your company 's matching gift program . Receive full donor credit for both you r pledged amount and the amount of our company's match. If your com pany has a matching gift program, please include this on the enclo sed pledge form.
For ongoing updaLes on the Literacy Legacy Program and answers to frequent ly asked questions, please visit our website:
riverside libraryfoundation.o rg
llluminatedglobesandav intage
table from Riverside's original
Carne!lieli brary(1903)add
elegancelolh isu•seat reading/
meelingspace.
The Marketplace is the
dislincllveentrytothelibrary
leaturingnewbooks,self-check
outmachines.laptopkiosks,
and a grandpiano.
llfU ... •-. il fl ~ -=d
lnaninterior, la,!le,whimsical
space,theStoryti meAreainvitcs
readingandlearningtogetherin
cheery comfort.
TheOculusRift Virtual Reality
Station,3-Dprinters,asound
recordingbooth, iMacdesktops,
and theYoungAdultbookcollection
inthetnnovationCenterinspire
aspiration and creativity.
Withvicwsto1henorthandsou1h,
lhe lourlh•lloorAdultCollections
spaceotforsnon·liction,ficlion,
large-print.and Spanish books
and materials.
Join the Literary Legacy -- on the Donor Wall
'l?iot-urr· Yi;..ui.· Nu.mi:, 1-i uro
Join the Literary Legacy -- by Naming a Prominent
Space in the Main Library
SPACE
Marketp lace
Child ren 's Library
Adult Collectio ns
Communit y Room
Reading Room (Tlii rd Floor)
Terrace
Innovation Cenler
Friends of the Library Book Store
Storytime Area
Early Lear ning Corner
Carnegie Readi ng Room
Conference Room
Staircase
Study Room A--8 person
Elevator (3)
Study Room B- 5 person
Study Room C--Sperson
Soundbooth
Stacks: 23 Children's
Stacks: 4 Inn ovation Center/Marketp lace
Stacks: 14 Adult
Donor Wall
AMO UNT
$1,000,000
S1.000,000
$1,000,000
$750,000
$750,000
$650,000
$500,000
$300,000
$300,000
$300,000
$250,000
$150,000
$100,000
$75,000
$75,000
$50,000
$50,000
$50,000
$5,000
$7,500
$10,000
S2,500-S 1,000
Riverside Public Library • 3900 Mission Inn Avenue, Riverside 92501
SQUARE FEET
1,334
2,260
3,466
1,902
2,132
1,500
1,216
830
810
750
550
364
]94
120
120
The Riverside Public Library Foundation raises funds
to ensure the excellence of public library services for City of Riverside residents
Since 1997, the Foundation - t hanks to the generosity of Riverside indi viduals and businesses and foundation grants- has raised more than $1.8 million, providing enhancements to library services that otherwise would not have been possible.
Because of the Foundation's wonderful donors and supporters, the Library currently offers these programs and services:
The Annual SUMMER READING PROGRAM
Works of art, the fountain and amphitheater at the SSgt Salvador J. Lara Casa Blanca Family Library
The Martin Luther King, Jr., Special Collection
The Veterans' Oral History Project
The HEALTH LITERACY Collection
BOOKS for the collections: best sellers, books for children, hundreds of new books for the Orange Terrace Library; books to support the EARLY LEARNING programs The PLAY AND LEARN ISLANDS, with manipulatives and STEM activities The system-wide POLARIS INTEGRATED LIBRARY SYSTEM (ILS) MAKERSPACE - high-tech equipment for creativity and innovation TOYS-TO-GO, the toy-lending library in each of the 8 library branches SELF-SERVICE KIOSKS - in each library branch .
The automated LAPTOP CHECKOUT STATION in the Main Library E-BOOKS, E-AUDIOBOOKS, and digital licenses for all library patrons Past Programs offered by the Library:
Computers provided at low cost to families who together learn computer skills at the library
The STORYMOBILE - serving day-care programs in the City The EARLY LEARNING PROGRAM for ages 0-5 and their caregivers On-line homework help for grades K-8
The TEEN SPACE in the Main Library
The Riverside Public Library Foundation Board - 2021
The Foundation raises funds through annual community donations, fundraisers, permanent restricted and unrestricted endowments, major and planned gifts, endowed collections, honorary and memo rial gifts and securing grants. All grants received are passed through 100% to the Library; additional fundraising covers all administrative expenses.
The volunteer Board makes all decisions related to the Foundation.
The only paid staff is a part-time assistant who performs the day-to day work of the Foundation. This arrangement makes it possible to give directly to the Library the overwhelming majority of the total funds raised. (See our annual report at riversidelibraryfoundation.org) Board members make an annual meaningful financial contribution to the Foundation and positively promote the Riverside Public Library and the Foundation to the City Council and to the community.
Funds raised from this campaign will supplement but not take the place of City funding for the Library.
2021 Board Members
Susan Toscano, President
Julie Hartwigsen, CFO
Irene Conable, Secretary
Judith Fish, Immediate Past President
Brian Federici
Linda ltzen
Ai Kelly
Eric LaNier
Marsha Loveridge
Barbara Purvis
Susan Rainey
Georgia Renne
Cheryl Sautter-Konyn
Barbara Shackelton
John Wahlin
Steven Ybarra
Members Emeriti
Henry Coil
Wendell Tucker
The Riverside Public Library Foundation • P.O. Box 349, Riversid e, CA 92502-0349 • Ta x ID : 33-0780130 • riversidelibr aryfoundation.org Riverside Public Library Foundation
PROMINENT SPACE PLEDGE FORM
I/WE want to take the opportunity to create a Literacy Legacy BY NAMING A PROMINENT SPACE in the New Main Library D I wish to place my/our name on the _ ____ _ _ _ ______ _____ _ Space for$ _ _____ * D I wish to pay in one lump sum:
□
□
□
□
Enclosed is a check in the amount of$ ____ ___ _ ___ _ _ (Payable to the Riverside Public Library Foundation) Full payment of this pledge will be completed with in 6 months of the execution of the Donation and Naming Rights Agreement.
I wish to pay in up to 5 consecutive annual installments. Pledge payment periods may be up to 5 consecutive years with the first payment scheduled with in 6 months of the execution of the Donation and Naming Rights Agreement. (A Board member will contact you with the Agreement if you mark this box.).
Yes, my employer has a Matching Gift Program. Please contact me for details .
NAME ___ ___ ___ _ ______ ___ _ ____ _ ____ ____ _ ___ _ _ ADDRESS _________ ______ ____ __________ ______ _
CITY _ ________ ________ _ _ __ _ STATE ____ _ ZIP ______ _ _ _ PHONE ( _ ___ _
Email - - - ------- ----- - ----- ----------- - ----- - ---- The name(s) I/We would like to appear on the space and in printed materials :* Please pri nt one character per space, please leave a blank space to indicate breaks between names.
SIGNED _____________ _ ____ ____ _ _ DATE: _______ _ __ _ The Donation and Naming Rights Agreement with RPLF and the City of Riverside will be sent to donors under separate cover.
Please mail this form to :
The Riverside Public Library Foundation
P. 0. Box 349
Riverside, CA 92502 -0349
Your donation is tax deductible . Tax ID# 33-0780130
For more information , please contact:
Barbara Shackelton, Chair, Naming Campaign
951-318-1060 barbara.shacl<[email protected]
* The Foundation and the City of Riverside reserve the right ta approve the pledge/ gift and the naming.
Riverside Public Library Foundation
DONOR WALL PLEDGE FORM
I/WE want to take the opportunity to create a Literacy Legacy ON THE DONOR WALL in the New Main Library (Please check one)
0 $1,000 0 $2,500 (Names will appear larger for the larger amount.) □
□
Enclosed is a check in the amount of$ _____ ____ (Payable toth e RiversidePub/ ic L/brary Founda tlon) Please charge my credit card D Visa D Master Card
Credit Card Number - ---------- ------ ------------ ----- Billing Zip Code _ _________ __ Exp date _____ ____ Security Code _____ _ Signature for Credit Card Charge _________ _ __________ _ ____ _ ___ _ D Yes, my employer has a Matching Gift Program. Please contact me for details.
NAME _ _________ __________ ______ ____ ________ _
ADDRESS __________ _ __________ _ _ ___ _ _ ___ _ ___ _ CITY _ ___ _____________ _____ _ STATE _ ___ _ ZIP ____ ___ _ PHONE ( _ ___ _
Email - --------------- - - - -------- ----- - - - - ----- The name(s) I/We would like to appear on the space and in printed materials: * Please print one character per space, please leave a blank space lo indicate breaks between names.
SIGNED ___ ______ _ _ ___ _ _ _ ______ __ DATE: ______ _ _ __ _ Please mail this form to:
The Riverside Public Library Foundation
P. 0. Box 349
Riverside, CA 92502-0349
Your donation is tax deductible. Tax ID# 33-0780130
For more information , please contact :
Barbara Shackelton, Chair, Naming Campaign
951-318-1060 [email protected]
• The Founda tion and the City of Riverside reserve the right to approve the pledge/gift and the naming.