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CITY OF HOMER

HOMER, ALASKA

                                                                                   LAB / City Manager

RESOLUTION 06-06

 

 

A RESOLUTION OF THE HOMER CITY COUNCIL APPROVING AND ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY, THE LIBRARY ADVISORY BOARD, AND THE FRIENDS OF THE HOMER PUBLIC LIBRARY REGARDING FUNDING AND OPERATIONS OF THE NEW LIBRARY.

 

WHEREAS, The new Homer Public Library is currently under construction and is scheduled for occupation in August or September of 2006; and

 

WHEREAS, The City, the Library Advisory Board, and the Friends of the Homer Public Library previously entered into a Memorandum of Understanding which was focused upon fund raising and construction activities for the new library; a partnership and working relationship that has proven to be very successful; and

 

WHEREAS, The Library Advisory Board and the Friends of the Homer Public Library believe that now is the right time to have a discussion about the roles and responsibilities of the parties regarding future funding and operations of the new library and that a new Memorandum of Understanding would be beneficial in order to cooperatively advance the common goal of providing excellent library services; and

 

WHEREAS, The new Memorandum of Understanding is intended to build upon the partnership established in the previous MOU and to clearly identify the broad roles and responsibilities of the parties in one document so that the relationship is clear to the public, granting agencies, foundations, and other potential donors; and

 

WHEREAS, Although the specific roles and responsibilities of the City Council and the Library Advisory Board with respect to the library are defined in the City Code, the Council agrees that there are benefits associated with adopting an MOU and in particular, with clearly defining the relationship between the City and the Friends of the Homer Public Library.

 

NOW THEREFORE BE IT RESOLVED, That the Homer City Council hereby approves and adopts the Memorandum of Understanding between the City, the Library Advisory Board, and the Friends of the Homer Public Library, a copy of which is attached and incorporated herein, and authorizes the City Manager to execute the appropriate documents.

 

 

Page 2 of 2

Resolution 06-06

City of Homer

 

 

PASSED AND ADOPTED by the Homer City Council this 9th day of January, 2006.

 

 

                                                               CITY OF HOMER

 

                                                                                                           

                                                               JAMES C. HORNADAY, MAYOR

ATTEST:

 

                                                              

MARY CALHOUN, CMC, CITY CLERK

 

Fiscal Note: NA

 

 

 

 

MEMORANDUM

 

 

TO:            Helen Hill

 

FROM:      Walt Wrede

 

DATE:       September 29, 2005

 

SUBJECT: Draft MOU / Comments

 

I am writing to confirm and follow-up on our recent conversations regarding the proposed Memorandum of Understanding between the City, the LAB, and the Friends of the Homer Public Library. Some of the comments that follow are broad and very general in nature. The remainder are much more specific. I hope that the LAB and the Friends will find these comments to be helpful.

 

General Comments

 

My first reaction when I saw the MOU was that two thirds of it was not needed. The roles and responsibilities of the City Council, the Library Director, and the LAB with respect to budgeting, maintenance, operations, and policy making are pretty clearly spelled out in the City Code, the LAB Bylaws, staff job descriptions, and so on. The City Code will always govern these relationships, not a Memorandum of Agreement. So, I was not very clear about what the purpose or motivation was for attempting to restate or define these roles in an MOU.

 

It seemed to me at the time that what we really should be focusing on is an agreement between the City and the Friends. That would have great value to the City. We already know what the City, the staff, and the LAB will be bringing to the table. What the City is interested in is what role the Friends wish to play and how they envision their relationship with the City. I found Article Four to be very helpful in that regard.

 

However, after talking to you, I think I now have a better idea of why the authors of the draft MOU think it is important to spell out or formalize the roles and responsibilities of all parties in an MOU. Therefore, rather than proposing a significant rewrite of the draft (and reducing it to about two pages), I will concentrate on comments that I hope will improve the existing draft MOU and make it more likely to be accepted by the City Council.

 

Specific Comments

 

  1. PREAMBLE: The last sentence includes the phrase "incorporates by reference the existing agreement between the same parties dated October 23, 2003".  I am not sure why we would want to do this. That MOU was focused upon the library construction phase. It will no longer be applicable once we get into operations. In my view, that agreement should be extinguished when the project is complete. I would suggest we do the same thing the authors did with the Trust Agreement. Maybe just acknowledge the prior agreement as a building block or the foundation upon this MOU is built. In other words, this MOU supercedes and/or builds upon the previous agreement.

  1. Article 3: Duties of the City. (A): Staffing and Maintenance: This section is very ambiguous and open to interpretation. It could cause problems down the road. For example, how do you define "adequate professional staff"?. Depending upon how these terms are defined, this could be perceived as placing a binding obligation upon future Councils, something we cannot do. I think this can be fixed by saying something like " It is understood by the parties that the City Council has sole authority with respect to maintenance, staffing, and operations of the library and will make these decisions based upon identified community priorities and the availability of funds.

  1. C. Fiscal Management: I would suggest changing the words " municipal costs" to "maintenance and operations" costs.

  1. Article 4: Duties of the Friends: Does it make sense to add a section about Capital contributions. Perhaps this is covered by the last sentence in Section E. Budget where it talks about purchases for the library. If the Friends may want to consider capital purchases from time to time (equipment, building upgrades etc), it might make sense to have a separate paragraph on that. If you add one, I would ask that the same language be included which specifies that the City staff will be consulted first in the interest of coordination and reviewing any possible downstream costs that might result.

  1. Termination Clause: There is no Termination Clause: The parties should be able to get out of this agreement if necessary. I can think of a number of scenarios where that might happen.

  1. Amendment Clause: There is no clause for amendments. The parties should be able to amend this MOU if needed.

  1. Proposed Article Seven: I think we need a place to put the following statement "This MOU constitutes a general understanding by the parties about their respective roles and responsibilities regarding the new Homer Public Library. The parties have entered into this agreement in good faith and fully intend to carryout the responsibilities described herein. The parties understand and stipulate that this MOU is not a legally binding document and do not intend it to be. In the event that any provision of this MOU conflicts with the Homer City Code, the code shall prevail." This statement could be placed in a new article or perhaps in the Preamble. I would vote for a new article. The Preamble is upbeat and positive. This statement is legal mumbo jumbo ( and sort of negative). I don't mind where you hide it, I just think that the Council will want to see it. 

 

MEMORANDUM OF UNDERSTANDING



New Library



November 9, 2005



PREAMBLE



In the wake of a successful fundraising campaign and voter demonstrations of public support, the community of Homer is in the initial stages of building a new library. According to current timetables, the new Homer Public Library is scheduled to open in the summer of 2006, and with the new facility comes new challenges and opportunities. The roles and responsibilities of relevant parties need to be reaffirmed, re-assigned or assigned, as appropriate. This document builds upon by reference the previous agreement between the same parties dated October 23, 2003, and acknowledges the Trust Agreement dated May 20, 2004 between the Friends and the Homer Foundation.



ARTICLE 1: PARTIES



This agreement is between the Friends of the Homer Public Library ("Friends"), a 501 (c) (3) charitable corporation organized under the laws of the State of Alaska, the City of Homer ("City"), and the Homer Library Advisory Board ("LAB"), an advisory board established by City code.



ARTICLE 2: PURPOSE



The purpose of this memorandum is to establish the relationship and duties of the parties in regards to program development, fundraising and public recognition of donors, advocacy efforts, and use of the new Homer Public Library building and grounds.



ARTICLE 3: DUTIES OF THE CITY



A. STAFFING AND MAINTENANCE

It is understood by the parties that the City Council has sole authority with respect to maintenance, staffing, and operations of the library.



B. LIBRARY STAFF RESPONSIBILITIES

1. The Library staff, under the leadership of the Library Director, shall be responsible for creating and/or approving the annual program of the Library, including all core professional activities, public programs, and other public activities held in the Library facilities.



2. The Library staff is responsible for the safety and security of the facility and its operations under the codes and ordinances of the City of Homer and the Homer Public Library Policy Manual.

3. The Library staff will have final authority over facility use, after-hour availability, and the accompanying requirements of responsibility, safety, and security.



FISCAL MANAGEMENT AND ACCOUNTING



Notwithstanding the provisions in previous agreements, it is generally established that the debt retirement and maintenance and operations costs shall be incorporated in the annual City budget.



RESPONSIBILITY FOR EXHIBITS, DISPLAYS, AND USE OF LIBRARY BUILDING AND GROUNDS FOR NON-LIBRARY FUNCTIONS



The City shall adopt policies regarding the following, after policy development by the LAB addressing such issues as:



Space allocations for the displays of works of art, public information and notices, promotion of the activities of the Library, LAB and Friends, and general guidelines for the use of unallocated or non-designated interior and exterior surfaces;

Space allocations and guidelines for displays and exhibits located on the Library grounds and pathways;

A free speech statement;

Duration of displays;

Process for the selection of temporary and revolving exhibits and displays;

Public use of the library building and grounds for non-library functions; and

Such other related issues as may arise in the course of policy development.



PUBLIC PARTICIPATION



Except as required by City Code, the City shall refer library-related issues to the LAB for community input and advice.



ARTICLE 4: DUTIES OF THE FRIENDS OF THE HOMER PUBLIC LIBRARY



The Friends' general purpose is to engage in supplemental activities which encourage public use and enjoyment of Library services and facilities, focus public attention on Library needs, and assist in the raising of funds, donations, endowments, and bequests for the Library. There shall be no transfer of Friends' funds to the City for ordinary operational costs or reliance by the City on the Friends for operational funding.



A. ENDOWMENT FUND

The Friends will undertake various activities to further develop and grow the Friends of the Homer Public Library Endowment Fund.



B. TAX EXEMPT STATUS AND ACCEPTANCE OF FUNDS

The Friends agree to fulfill their obligations of documenting, accounting and reporting the contributions made to them for the library building fund. The Friends further agree to transfer to the City those funds that have been donor designated for capital projects.



C. PROGRAM DEVELOPMENT

The Friends seek to conceptualize new or expanded public programs for the Library and provide volunteer assistance in executing the adopted programs. The Friends agree to follow a formal "program proposal" form provided by the Library staff when considering adoption of new or expanded programs.



D. POLICY ISSUES AND RELATIONS WITH THE CITY OF HOMER

The Friends will defer consideration of policy matters and Library relations with the City of Homer to the LAB, being assured full access to the regular meetings of the LAB to express concerns or appreciation for Library activities and/or City of Homer relations with the Library.



E. BUDGET

The Friends will create, and distribute to any interested party, an annual budget that sets forth its projected revenues, including those derived from fundraising, donations, and its endowment, together with the projected costs for programs, materials, equipment, labor and endowment growth. The Friends shall consult with library staff before making purchases for the library in the interest of coordination and reviewing any possible downstream costs that might result.



CAPITAL CONTRIBUTIONS

The Friends may choose to make capital contributions and will consult with City staff and LAB before making purchases for the library.

ARTICLE 5: DUTIES OF THE LIBRARY ADVISORY BOARD



The LAB, functioning as a sitting board representing the interests of the citizens of Homer and the surrounding region, is designed and constituted to provide the City with recommendations that have been well debated and researched, while allowing for public involvement.



A. POLICY MATTERS AND RELATIONS WITH THE CITY OF HOMER

The LAB will fully and openly consider policy matters regarding the Library and will make recommendations to the City of Homer. Central to the LAB deliberations are such issues as community standards, professional practices, and advocacy for the Library. The LAB will also assume responsibilities as may be delegated to it by the City.



B. FUNDING MATTERS

The LAB reviews the annual budget proposal for library operations and makes policy recommendations that affect those budgets. Per its bylaws, it may also solicit donations for the benefit of the library. The LAB will organize appropriate committees and draft future agreements as the need for capital campaigns arise.



ARTICLE 6: POLICY OF PUBLIC ACKNOWLEDGEMENT



The parties herein agree, except as otherwise described in a plan adopted by the Homer City Council, to refrain from entering into any agreement or contract that would require the dedication or naming of the library building, its rooms, and or grounds. Permanent donor recognition in and around the new facility is presently limited to that agreed upon in the course of the capital campaign (Appendix A). Future acknowledgements (e.g. major donors to endowment) may be proposed to the LAB for recommendation to the city.



ARTICLE 7: GENERAL UNDERSTANDING, TERMINATION, AND AMMENDMENTS



This MOU constitutes a general understanding by the parties about their respective roles and responsibilities regarding the new Homer Public Library. The parties have entered into this agreement in good faith and fully intend to carryout the responsibilities described herein. The parties understand and stipulate that this MOU is not a legally binding document and do not intend it to be. In the event that any provision of this MOU conflicts with the Homer City Code, the code shall prevail.



Any party to this agreement may terminate with or without cause by providing 60 days notice in writing. Reasons a party might want to terminate would be if one of the parties ceases to exist, or one of the parties may no longer want to be a part of the partnership.



This MOU may be amended by written agreement signed by all parties.  Amendments may be proposed by any party.



Agreed to by the following parties:





Friends of the Homer Public Library Homer Library Advisory Board





_________________________________ __________________________________

President Chair



Date: ______________ Date: _______________





City of Homer





_________________________________

Mayor



Date: _______________



APPENDIX A





Donor Recognition Opportunities as approved by the Capital Campaign Committee



Pioneer Wall

A glass wall etched with the names of "pioneer" donors will be located at the entrance of the new library. Pioneer donors are those individuals, businesses/corporations, foundations and agencies who gave $6,000 or more to the New Library Project building fund. The glass wall will include the donor names listed chronologically (by date of gift), and all names will be of one size.



Fish

Beginning with the 2004 Fall Pledge Drive and extending until building completion, donations are being raised for the building fund by the Friends by "selling" copper fish. The fish are created by Mooserun Metalsmiths and will be displayed on a metal panel (similar to a garden screen) along the walkway to the new library.



Donor and Documentation Book

A local artist will be contracted by the Friends to create a hand-made book to be displayed in the new library (near the entrance). The book will contain the names of all donors and volunteers as well as photographs and other info documenting building construction, including its LEED elements. Documentation is the responsibility of construction management, and the artist will incorporate materials in an artful and accessible way.



Other Recognition

Certain areas of the new library (study rooms, window seats, etc.) are identified as donor recognition opportunities in a brochure designed to attract corporate and other large donors, for levels of giving from $12,000 to $100,000. Brass plaques (3" x 8") w ill read "In recognition of __________" or "In memory of ___________." The plaques will be placed on or adjacent to the recognition areas and will be interfaced with the building materials.