Addendum 18. Agreement of Operation between The Fairfax County Public Library Board of Trustees and The Fairfax County Public Library Foundation, Inc.
The Fairfax County Public Library Board of Trustees formally recognizes The Fairfax County Public Library Foundation, Inc. (Foundation) as a separate private, non-profit 501(C) 3 corporation established for the sole purpose of enhancing the Fairfax County Public Library (Library).
The Foundation provides a corporate structure for managing private donations, including endowments and grants, that do not create undue obligations for the Library and assures donors that their contributions will be utilized for the intended purpose when specified.
The Fairfax County Public Library Board of Trustees:
The mission of the Fairfax County Public Library Board of Trustees is to promote equal access to quality resources that serve the cultural, educational, informational, and recreational needs and interests of all Fairfax County/City residents by promoting, advocating, and consistently striving to achieve the highest level of library service.
The Fairfax County Public Library Foundation, Inc.:
FCPL Foundation Inc. is a private, non-profit 501(C) 3 corporation committed to providing supplementary support to the Fairfax County Public Library. The Foundation, while reinforcing the need for continued and increased public support for the Library, serves as a catalyst for attracting private funding from individuals, businesses, organizations, and foundations to enhance library services for the community.
To effectively enhance the Library, the Foundation agrees to adhere to the following standards.
The Foundation agrees to operate according to its Articles of Incorporation, Bylaws, and approved Foundation policies. The Foundation agrees to organize and operate in such a manner that will retain the Foundation's legal status as a tax-exempt, non-profit organization pursuant to section 501(c)(3) of the Internal Revenue Code, or any successor statute.
Charitable solicitation registrations shall be maintained. The operating budget and audited financial report of the Foundation will be made available upon request.
The Foundation may organize staff and volunteers to conduct its business and fulfill its responsibilities to the Library and agrees that the Library Director shall be included as a voting ex-officio member of the Foundation Board of Directors and that the Executive Director shall be included as a non-voting ex-officio member of the Foundation Board of Directors.
The Foundation shall plan, direct, coordinate and conduct activities for raising funds from private sources, including but not limited to an annual giving appeal; endowment campaign; planned and major giving programs; and special project campaigns.
It is understood that the activities of the Foundation are to be conducted for the benefit of the Library and must be consistent with the Library's plans, programs and policies. It is agreed that the Foundation shall not solicit or accept gifts for any use specified by the donor that is inconsistent with the Library's goals and policies.
The Foundation will maintain policies and procedures for the review and acceptance of gifts and donations. The Foundation will maintain a record of all gifts.
The Foundation will assist where appropriate in the overall advocacy of the Library for County, State, and Federal funding. A united front on both boards will leverage greater public funding and attention.
The Foundation may retain professional services to manage investments.
The Foundation shall provide the Library and the County of Fairfax with its annual report that will include a summary of all gifts and donations received during the past year, investment performance and operating income and expenses.
The Foundation shall provide the Library and the County of Fairfax with its annual audit performed by an independent certified public accounting firm selected by the Foundation.
The Foundation shall maintain adequate insurance coverage.
In recognition of the philanthropic and investment services provided by the Foundation, the Library agrees to provide the following to the Foundation in support of its responsibilities.
The Library will provide a clear set of annual fundraising priorities beyond the provisions from the County of Fairfax by April 15th to be considered by the Foundation when planning for the following fiscal year.
The Library agrees to offer services from support staff, as appropriate.
The Library agrees to provide, at no cost to the Foundation, suitable office space, infrastructure and meeting space for the use of the Foundation including utilities, maintenance and repairs, and any other facility support services for the Foundation.
The Library agrees to provide, at no cost to the Foundation, the necessary computer support, including hardware and software, required to perform basic office work.
Frequent and effective communication between the Library and the Foundation will be maintained.
The Foundation staff and the Library's public information staff will work closely on the overall advancement of the Library's image, visibility, and public understanding of its needs.
The Library shall give donors a clear choice between donating gifts to the Foundation or the Library. The Foundation shall provide donor forms and literature about the Foundation to the Library for distribution to potential donors.
The Foundation and the Library agree that, at all times and for all purposes of this agreement, the Foundation shall act as an independent, separate legal capacity and not as an agent of the Library. Each party agrees to be responsible for any negligent acts or omissions which may occur during the performance of this agreement and which result in claims by individuals or entities not parties to this agreement.
This agreement may be amended upon review and approval by both Boards.
This agreement may be terminated by either party effective upon written notice to the other party with at least sixty days in advance. If for any reason the Foundation is dissolved or liquidated, all assets of the Foundation shall be distributed in accordance with its Bylaws.