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LIBRARY BOARD Packet - 10/15/2019 (2)CITY OF MUSKEGO LIBRARY BOARD AGENDA 10/15/2019 5:00 PM Library Conference Room, S73 W16663 Janesville Road CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE PUBLIC COMMENT CONSENT AGENDA 1 Approval of minutes September 17, 2019 Minutes 2 Place on file the Library Financial Reports September 2019 Financial Reports PRESIDENT’S REPORT Information DIRECTOR’S REPORT Information 1 October 2019 Director's Report UNFINISHED BUSINESS Discussion update and possible action may be taken on any or all of the following: NEW BUSINESS Discussion update and possible action may be taken on any or all of the following: 1 Discussion: Trustee WLA membership 2 Discussion: Strategic Planning Library Board Focus Group 3 Action: Library Hot Spot Renewal Packet Page 1 COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT NOTICE PLEASE NOTE: It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above-mentioned meeting to gather information; no action will be taken by any governmental body at the above-stated meeting other than the governmental body specifically referred to above in this notice. Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, contact Muskego City Hall, (262) 679-4100. Packet Page 2 CITY OF MUSKEGO LIBRARY BOARD MINUTES 09/17/2019 5:00 PM Library Conference Room, S73 W16663 Janesville Road CALL TO ORDER Vice President Konkel called the meeting to order at 5:03 PM. PLEDGE OF ALLEGIANCE ROLL CALL Present were Trustees Heinowski, Humphreys, Konkel, Jung, Schroeder, Alderman Wolfe and Director Larson. Trustee Blair was excused. Trustee Darkow arrived at 5:10 PM. President Robertson arrived at 5:15 PM. STATEMENT OF PUBLIC NOTICE PUBLIC COMMENT CONSENT AGENDA Trustee Jung made a motion to approve the CONSENT AGENDA, Trustee Schroeder seconded. Motion Passed 6 in favor. 1 Approval of minutes August 20, 2019 Minutes 2 Place on file the Library Financial Reports August 2019 Financial Reports PRESIDENT’S REPORT Information DIRECTOR’S REPORT Information 1 September 2019 Director's Report UNFINISHED BUSINESS Discussion update and possible action may be taken on any or all of the following: Page 1 of 2 September 17, 2019 Minutes Packet Page 3 NEW BUSINESS Discussion update and possible action may be taken on any or all of the following: 1 Discussion and Action: 2019 Asphalt Sealcoating Project Trustee Darkow made a motion to approve the 2019 Asphalt Sealcoating Project, Trustee Humphreys seconded. Motion Passed 7 in favor. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Trustee Darkow made a motion to adjourn, Trustee Jung seconded. Motion Passed 7 in favor. Meeting adjourned at 5:37PM NOTICE PLEASE NOTE: It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above-mentioned meeting to gather information; no action will be taken by any governmental body at the above-stated meeting other than the governmental body specifically referred to above in this notice. Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, contact Muskego City Hall, (262) 679-4100. Page 2 of 2 September 17, 2019 Minutes Packet Page 4 CITY OF MUSKEGO Payment Approval Report - Library Board Report Alpha Page: 1 Report dates: 9/1/2019-9/30/2019 Oct 03, 2019 10:07AM Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report].Description = {<>} "1099 adjustment" Invoice Detail.Type = {>} "adjustments" Invoice Detail.GL account = "1000571000000"-"1000571999999","5020000000000"-"5029999999999","5030000000000"-"5039999999999","4100890716500"-"4100890716599" Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number AMAZON CAPITAL SERVICES 13ML-XYJD-1F 1 Invoice AV 09/05/2019 09/24/2019 384.23 919 100.05.71.02.5711 13WQ-JX1H-9 1 Invoice AV 08/26/2019 09/24/2019 78.87 919 100.05.71.02.5711 17XH-GVWY- 1 Invoice CRAFTERNOON PROGRAMMING 08/25/2019 09/24/2019 54.69 919 100.05.71.00.6062 1MVL-YCWL-3 1 Invoice AV 08/21/2019 09/24/2019 229.77 919 100.05.71.02.5711 1PRY-VXXC-K 1 Invoice LIBRARY CARD MONTH 08/21/2019 09/24/2019 50.00 919 100.05.71.00.6062 1YKH-L19W-R 1 Invoice AV 09/22/2019 09/24/2019 340.27 919 100.05.71.02.5711 Total AMAZON CAPITAL SERVICES:1,137.83 BAKER & TAYLOR COMPANY 0003182852 1 Invoice PRINT 09/09/2019 09/24/2019 15.08- 919 100.05.71.01.5711 2034728637 1 Invoice PRINT 08/14/2019 09/10/2019 1,650.00 919 100.05.71.01.5711 2034736610 1 Invoice PRINT 08/19/2019 09/10/2019 824.23 919 100.05.71.01.5711 2034744100 1 Invoice PRINT 08/21/2019 09/10/2019 237.15 919 100.05.71.01.5711 2034749550 1 Invoice PRINT 08/22/2019 09/10/2019 228.08 919 100.05.71.01.5711 2034763001 1 Invoice PRINT 08/29/2019 09/24/2019 1,194.53 919 100.05.71.01.5711 2034773119 1 Invoice REPLACEMENT 09/04/2019 09/24/2019 38.20 919 100.05.71.00.5774 2034773119 2 Invoice PRINT 09/04/2019 09/24/2019 1,057.26 919 100.05.71.01.5711 2034778807 1 Invoice PRINT 09/06/2019 09/24/2019 1,801.47 919 100.05.71.01.5711 5015646582 1 Invoice PRINT 08/14/2019 09/10/2019 43.36 919 100.05.71.01.5711 5015659858 1 Invoice PRINT 08/21/2019 09/10/2019 86.81 919 100.05.71.01.5711 5015675213 1 Invoice PRINT 08/28/2019 09/24/2019 94.94 919 100.05.71.01.5711 5015688524 1 Invoice PRINT 09/04/2019 09/24/2019 158.28 919 100.05.71.01.5711 5015688525 1 Invoice PRINT 09/04/2019 09/24/2019 14.11 919 100.05.71.01.5711 Total BAKER & TAYLOR COMPANY:7,413.34 BAKER & TAYLOR ENTERTAINMENT H38196520 1 Invoice AV 08/14/2019 09/10/2019 19.43 919 100.05.71.02.5711 H38226080 1 Invoice AV 08/14/2019 09/10/2019 43.18 919 100.05.71.02.5711 H38226081 1 Invoice AV 08/14/2019 09/10/2019 43.18 919 100.05.71.02.5711 H38240180 1 Invoice AV 08/15/2019 09/10/2019 99.32 919 100.05.71.02.5711 H38246410 1 Invoice AV 08/15/2019 09/10/2019 17.99 919 100.05.71.02.5711 h38272900 1 Invoice AV 08/16/2019 09/10/2019 32.39 919 100.05.71.02.5711 H38312470 1 Invoice AV 08/19/2019 09/10/2019 72.70 919 100.05.71.02.5711 H38372290 1 Invoice AV 08/20/2019 09/10/2019 198.63 919 100.05.71.02.5711 H38372291 1 Invoice AV 08/20/2019 09/10/2019 7.19 919 100.05.71.02.5711 H38413190 1 Invoice AV 08/21/2019 09/10/2019 14.36 919 100.05.71.02.5711 H38431640 1 Invoice AV 08/21/2019 09/10/2019 23.78 919 100.05.71.02.5711 H38481960 1 Invoice AV 08/23/2019 09/10/2019 14.39 919 100.05.71.02.5711 H38504890 1 Invoice AV 08/23/2019 09/10/2019 11.88 919 100.05.71.02.5711 H38605310 1 Invoice AV 08/27/2019 09/10/2019 248.30 919 100.05.71.02.5711 H38605311 1 Invoice AV 08/27/2019 09/10/2019 21.58 919 100.05.71.02.5711 H38757100 1 Invoice AV 08/30/2019 09/24/2019 21.56 919 100.05.71.02.5711 H38778060 1 Invoice AV 08/30/2019 09/24/2019 93.44 919 100.05.71.02.5711 H38860330 1 Invoice AV 09/03/2019 09/24/2019 212.23 919 100.05.71.02.5711 H38920870 1 Invoice AV 09/04/2019 09/24/2019 206.39 919 100.05.71.02.5711 H38951400 1 Invoice AV 09/05/2019 09/24/2019 10.79 919 100.05.71.02.5711 H39079640 1 Invoice AV 09/09/2019 09/24/2019 43.18 919 100.05.71.02.5711 Page 1 of 8 September 2019 Financial Reports Packet Page 5 CITY OF MUSKEGO Payment Approval Report - Library Board Report Alpha Page: 2 Report dates: 9/1/2019-9/30/2019 Oct 03, 2019 10:07AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number T05652610 1 Invoice AV 08/13/2019 09/10/2019 13.67 919 100.05.71.02.5711 t05660260 1 Invoice AV 08/13/2019 09/10/2019 17.96 919 100.05.71.02.5711 T05840780 1 Invoice AV 09/03/2019 09/24/2019 11.88 919 100.05.71.02.5711 T05846850 1 Invoice AV 09/04/2019 09/24/2019 80.41 919 100.05.71.02.5711 Total BAKER & TAYLOR ENTERTAINMENT:1,579.81 COMPLETE OFFICE OF WIS 459625 2 Invoice MISC PAPER PRODUCTS - LIBRA 09/23/2019 10/08/2019 485.25 1019 100.05.71.00.5703 Total COMPLETE OFFICE OF WIS:485.25 DEMCO EDUCATIONAL CORP 6668899 1 Invoice BOOK TAPE & MULTI DISK CD CA 08/26/2019 09/24/2019 414.37 919 100.05.71.00.5702 Total DEMCO EDUCATIONAL CORP:414.37 ELLIOTT'S ACE HARDWARE 601005/092419 2 Invoice LIBRARY MAINT 08/31/2019 09/24/2019 27.66 919 100.05.71.00.5415 Total ELLIOTT'S ACE HARDWARE:27.66 FARONICS TECH USA, INC 00161466 1 Invoice DEEP FREEZE- PUBLIC SIDE-ANN 09/19/2019 10/08/2019 551.40 1019 100.05.71.00.5505 Total FARONICS TECH USA, INC:551.40 FILTRATION CONCEPTS, INC 3326-192078 2 Invoice LIBRARY MAINT 09/25/2019 09/10/2019 449.64 919 100.05.71.00.5415 Total FILTRATION CONCEPTS, INC:449.64 FINDAWAY WORLD LLC 295610 1 Invoice AV 08/28/2019 09/24/2019 404.71 919 100.05.71.02.5711 Total FINDAWAY WORLD LLC:404.71 FIRST BUSINESS 3469/092419 1 Invoice LIBRARY CARD MONTH - PROGR 08/27/2019 09/24/2019 37.57 919 100.05.71.00.6062 3871/092419 1 Invoice PRINT 08/27/2019 09/24/2019 5.35 919 100.05.71.01.5711 3897/092419 1 Invoice FOL 08/27/2019 09/24/2019 55.35 919 100.05.71.00.5752 3905/092419 1 Invoice FOL - TEEN 08/27/2019 09/24/2019 375.57 919 100.05.71.00.5752 3913/092419 1 Invoice FOL - KIDS 08/27/2019 09/24/2019 5.26 919 100.05.71.00.5752 4273/092419 2 Invoice LIBRARY MAINTENANCE 08/27/2019 09/24/2019 5.24 919 100.05.71.00.5415 Total FIRST BUSINESS:484.34 GIBB BUILDING MAINTENANCE 14703 3 Invoice LIBRARY 09/01/2019 09/10/2019 3,114.45 919 100.05.71.00.5835 14703-REVISE 3 Invoice LIBRARY SEPT 1-10, 2019 09/01/2019 09/24/2019 1,038.15 919 100.05.71.00.5835 Total GIBB BUILDING MAINTENANCE:4,152.60 IMPACT ACQUISTIONS LLC 1539124 1 Invoice PUBLIC PRINTER 9/1/2019 TO 11/3 09/03/2019 09/24/2019 349.68 919 100.05.71.00.5401 Total IMPACT ACQUISTIONS LLC:349.68 Page 2 of 8 September 2019 Financial Reports Packet Page 6 CITY OF MUSKEGO Payment Approval Report - Library Board Report Alpha Page: 3 Report dates: 9/1/2019-9/30/2019 Oct 03, 2019 10:07AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number JANI-KING INC- MILW REGION MIL09190645 6 Invoice CLEANING - LIBRARY SEPTEMBE 09/11/2019 09/24/2019 1,757.75 919 100.05.71.00.5835 Total JANI-KING INC- MILW REGION:1,757.75 JM BRENNAN, INC. SALES000110 1 Invoice RETURN FAN TRIPPING - NEW CO 08/31/2019 09/24/2019 1,733.89 919 100.05.71.00.5415 Total JM BRENNAN, INC.:1,733.89 JOURNAL SENTINEL INC 1137860-8-19 1 Invoice SEALCOATING BID NOTICE 08/31/2019 09/24/2019 22.69 919 100.05.71.00.5415 Total JOURNAL SENTINEL INC:22.69 KUJAWA ENTERPRISES INC. 127540 1 Invoice SEP PLANT MAINT 09/01/2019 09/24/2019 61.00 919 100.05.71.00.5415 Total KUJAWA ENTERPRISES INC.:61.00 MICROMARKETING LLC 780729 1 Invoice AV 08/06/2019 09/24/2019 40.00 919 100.05.71.02.5711 783654 1 Invoice AV 08/27/2019 09/24/2019 92.49 919 100.05.71.02.5711 783889 1 Invoice AV 08/29/2019 09/24/2019 39.99 919 100.05.71.02.5711 Total MICROMARKETING LLC:172.48 MIDWEST TAPE 97798843 1 Invoice AV 08/17/2019 09/10/2019 22.48 919 100.05.71.02.5711 97798844 1 Invoice AV 08/17/2019 09/10/2019 499.03 919 100.05.71.02.5711 97846127 1 Invoice AV 08/27/2019 09/24/2019 96.70 919 100.05.71.02.5711 97846129 1 Invoice AV 08/27/2019 09/24/2019 14.99 919 100.05.71.02.5711 97884331 1 Invoice AV 09/04/2019 09/24/2019 35.48 919 100.05.71.02.5711 Total MIDWEST TAPE:668.68 PENGUIN RANDOM HOUSE LLC 1080637289 1 Invoice AV 08/27/2019 09/24/2019 37.50 919 100.05.71.02.5711 Total PENGUIN RANDOM HOUSE LLC:37.50 SAFEWAY PEST MANAGEMENT INC. 9092/092419-2 3 Invoice PEST CONTROL - LIBRARY - JULY 09/12/2019 09/24/2019 30.00 919 100.05.71.00.5415 Total SAFEWAY PEST MANAGEMENT INC.:30.00 TIAA COMMERCIAL FINANCE, INC. 6519193 1 Invoice 10/1/19-10/31/19 STAFF PRINTER 09/10/2019 09/24/2019 336.55 919 100.05.71.00.5505 Total TIAA COMMERCIAL FINANCE, INC.:336.55 TIME WARNER CABLE 063003301083 1 Invoice 08/29/19-09/28/19 BUSINESS INTE 08/30/2019 09/24/2019 99.98 919 100.05.71.00.5505 Total TIME WARNER CABLE:99.98 U.S. CELLULAR 0328082948 7 Invoice MONTHLY CHARGE-LIBRARY 08/28/2019 09/24/2019 10.00 919 100.05.71.00.5602 Page 3 of 8 September 2019 Financial Reports Packet Page 7 CITY OF MUSKEGO Payment Approval Report - Library Board Report Alpha Page: 4 Report dates: 9/1/2019-9/30/2019 Oct 03, 2019 10:07AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total U.S. CELLULAR:10.00 WE ENERGIES 5499-564-961/ 1 Invoice LIBRARY 08/29/2019 09/10/2019 8,089.32 919 100.05.71.00.5910 Total WE ENERGIES:8,089.32 Grand Totals: 30,470.47 Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report].Description = {<>} "1099 adjustment" Invoice Detail.Type = {>} "adjustments" Invoice Detail.GL account = "1000571000000"-"1000571999999","5020000000000"-"5029999999999","5030000000000"-"5039999999999","4100890716500"-"4100890716599" Page 4 of 8 September 2019 Financial Reports Packet Page 8 CITY OF MUSKEGO Budget Worksheet - Library Expenditures Current Year w/ Monthly Total Page: 1 Period: 09/19 Oct 10, 2019 12:13PM 2019-19 2019-19 2019-19 2019-19 % Actual Over / Adopted Amended YTD Current Month To (Under) Account Number Account Title Budget Budget Actual Actual Budget Budget GENERAL FUND CULTURE, REC AND EDUCATION 100.05.71.00.5101 SALARY & WAGES 655,505.44 655,505.44 463,678.18 49,168.36 70.74% 191,827.26- 100.05.71.00.5102 OVERTIME 2,000.00 2,000.00 1,391.19 109.35 69.56% 608.81- 100.05.71.00.5201 FICA 51,767.97 51,767.97 35,593.55 3,764.56 68.76% 16,174.42- 100.05.71.00.5202 PENSION 38,889.59 38,889.59 26,896.17 2,843.71 69.16% 11,993.42- 100.05.71.00.5203 HEALTH 86,246.41 86,246.41 78,664.69 8,764.07 91.21% 7,581.72- 100.05.71.00.5204 LIFE 1,609.34 1,609.34 918.41 92.60 57.07% 690.93- 100.05.71.00.5205 FSA FEE EXPENSE .00 .00 .00 .00 .00 .00 100.05.71.00.5229 HEALTH INSURANCE ALLOWANCE 19,200.00 19,200.00 14,400.00 1,600.00 75.00% 4,800.00- 100.05.71.00.5302 MILEAGE 2,000.00 2,000.00 617.07 46.29 30.85% 1,382.93- 100.05.71.00.5303 CONFERENCES & TRAINING 3,500.00 3,500.00 392.54 .00 11.22% 3,107.46- 100.05.71.00.5305 DUES & MEMBERSHIP 1,300.00 1,300.00 1,057.03 .00 81.31% 242.97- 100.05.71.00.5401 LIBRARY EQUIPMENT 19,900.00 19,900.00 10,342.57 349.68 51.97% 9,557.43- 100.05.71.00.5415 MAINTENANCE OF BLDG & GROUNDS 36,700.00 36,700.00 36,068.28 3,919.44 98.28% 631.72- 100.05.71.00.5505 COMPUTER CHARGES 42,190.00 42,190.00 27,784.65 436.53 65.86% 14,405.35- 100.05.71.00.5602 TELEPHONE 300.00 300.00 90.00 10.00 30.00% 210.00- 100.05.71.00.5701 OFFICE SUPPLIES AND EXPENSES 8,000.00 8,000.00 2,786.04 .00 34.83% 5,213.96- 100.05.71.00.5702 PROCESSING SUPPLIES 17,500.00 17,500.00 6,381.63 414.37 36.47% 11,118.37- 100.05.71.00.5703 HOUSEKEEPING SUPPLIES 3,800.00 3,800.00 1,802.82 166.17 47.44% 1,997.18- 100.05.71.00.5740 LIBRARY GRANT EXPENSE 1,556.00 1,556.00 767.85 .00 49.35% 788.15- 100.05.71.00.5752 LIBRARY FRIENDS EXPENSE 5,000.00 5,000.00 5,469.79 436.18 109.40% 469.79 100.05.71.00.5774 LIBRARY REPLACEMENT 1,300.00 1,300.00 576.76 38.20 44.37% 723.24- 100.05.71.00.5835 HOUSEKEEPING SERVICES 38,000.00 38,000.00 30,517.62 2,795.90 80.31% 7,482.38- 100.05.71.00.5910 GAS & ELECTRIC 75,000.00 75,000.00 48,805.47 8,089.32 65.07% 26,194.53- 100.05.71.00.5915 SEWER & WATER 2,500.00 2,500.00 1,290.52 .00 51.62% 1,209.48- 100.05.71.00.6062 PROGRAMMING 6,500.00 6,500.00 5,039.48 142.26 77.53% 1,460.52- 100.05.71.01.5711 PRINT MATERIALS 115,000.00 115,000.00 79,539.74 7,380.49 69.16% 35,460.26- 100.05.71.01.5713 PRINT MATERIALS - ADULT .00 .00 .00 .00 .00 .00 100.05.71.02.5711 AUDIO VISUAL MATERIALS 50,000.00 50,000.00 33,486.10 3,896.32 66.97% 16,513.90- 100.05.71.03.5711 ELECTRONIC MATERIALS 17,095.00 17,095.00 14,728.69 .00 86.16% 2,366.31- 100.05.71.03.5714 AUDIO VISUAL MATERIAL - A.V..00 .00 .00 .00 .00 .00 100.05.71.11.5713 PRINT MATERIALS - JUVENILE .00 .00 .00 .00 .00 .00 100.05.71.12.5714 AUDIO VISUAL MATERIAL - JUVENL .00 .00 .00 .00 .00 .00 100.05.71.14.5713 PRINT MATERIALS - MISC .00 .00 .00 .00 .00 .00 100.05.71.18.5713 PRINT MATERIALS - NEWSPAPER .00 .00 .00 .00 .00 .00 100.05.71.19.5713 PRINT MATERIALS - PERIODICALS .00 .00 .00 .00 .00 .00 100.05.71.23.5713 PRINT MATERIALS - REFERENCE .00 .00 .00 .00 .00 .00 100.05.71.26.5713 PRINT MATERIALS - SERIALS .00 .00 .00 .00 .00 .00 100.05.71.35.5714 AUDIO VISUAL MATRL - DATA BASE .00 .00 .00 .00 .00 .00 100.05.71.36.5713 PRINT MATERIALS - YOUNG ADULT .00 .00 .00 .00 .00 .00 Total LIBRARY DEPARTMENT:1,302,359.75 1,302,359.75 929,086.84 94,463.80 71.34% 373,272.91- Page 5 of 8 September 2019 Financial Reports Packet Page 9 CITY OF MUSKEGO Budget Worksheet - Library Revenues Current Year w/ Monthly Total Page: 1 Period: 09/19 Oct 03, 2019 10:00AM 2019-19 2019-19 2019-19 2019-19 % Actual Over / Adopted Amended YTD Current month To (Under) Account Number Account Title Budget Budget Actual Actual Budget Budget GENERAL FUND CULTURE, REC AND EDUCATION 100.05.71.00.4140 LIBRARY GRANTS REVENUE 1,556.00 1,556.00 .00 .00 .00 1,556.00- 100.05.71.00.4150 LIBRARY - SYSTEM, ETC 117,784.00 117,784.00 59,325.50 .00 50.37% 58,458.50- 100.05.71.00.4274 LIBRARY LOST AND DAMAGED 1,300.00 1,300.00 1,430.13 575.72 110.01% 130.13 100.05.71.00.4313 LIBRARY FINES 17,000.00 17,000.00 10,470.91 2,571.73 61.59% 6,529.09- 100.05.71.00.4314 LIBRARY TAXABLE REVENUE 9,000.00 9,000.00 6,187.50 1,565.00 68.75% 2,812.50- 100.05.71.00.4542 LIBRARY PHONE USE .00 .00 .00 .00 .00 .00 100.05.71.00.4544 ROOM RENTAL 1,000.00 1,000.00 2,456.25 100.00 245.63% 1,456.25 100.05.71.00.4551 SALE OF F/A - COMPUTERS .00 .00 .00 .00 .00 .00 100.05.71.00.4552 LIBRARY FRIENDS REVENUE 5,000.00 5,000.00 5,742.35 365.16 114.85% 742.35 Total LIBRARY DEPARTMENT:152,640.00 152,640.00 85,612.64 5,177.61 56.09% 67,027.36- Page 6 of 8 September 2019 Financial Reports Packet Page 10 CITY OF MUSKEGO BALANCE SHEET SEPTEMBER 30, 2019 LIBRARY EXPANSION TRUST FUND ASSETS 502.00.00.00.1001 EQUITY IN POOLED CASH ( 32,897.00) 502.00.00.00.1011 CASH IN BANK- LIBRARY-1B 12,924.04 502.00.00.00.1105 LIBRARY INVESTMENTS 45,372.73 TOTAL ASSETS 25,399.77 LIABILITIES AND EQUITY FUND EQUITY 502.00.00.00.3501 FUND BALANCE-RESERVED 61,692.95 502.00.00.00.3520 FUND BAL-UNRESERVED UNDESIGNAT ( 37,139.92) REVENUE OVER EXPENDITURES - YTD 846.74 TOTAL FUND EQUITY 25,399.77 TOTAL LIABILITIES AND EQUITY 25,399.77 Page 7 of 8 September 2019 Financial Reports Packet Page 11 CITY OF MUSKEGO BALANCE SHEET SEPTEMBER 30, 2019 FEDERATED LIBRARY SYSTEM FUND ASSETS 503.00.00.00.1001 EQUITY IN POOLED CASH 34,865.60 TOTAL ASSETS 34,865.60 LIABILITIES AND EQUITY FUND EQUITY 503.00.00.00.3510 FUND BALANCE-RESERVED 14,784.97 503.00.00.00.3520 FUND BAL-UNRESERVED UNDESIGNAT 19,080.63 REVENUE OVER EXPENDITURES - YTD 1,000.00 TOTAL FUND EQUITY 34,865.60 TOTAL LIABILITIES AND EQUITY 34,865.60 Page 8 of 8 September 2019 Financial Reports Packet Page 12 Director’s Report October 15th, 2019 1. Adult Services Update (from Elke Saylor, Head of Reference and Samantha Quail, Adult Services Librarian): October is proving to be a busy month for the adult services staff with project planning, conference attendance and programming filling our time. Elke, Amanda and Abby will be attending the Wisconsin Library Conference (at the Kalahari Resort in Wisconsin Dells) October 9-11 and hope to bring back many good ideas. Sam meanwhile is busy planning the new layout and selecting furniture for the Great Room. We are very excited to be able to offer some of the individual and group workspaces requested via the community feedback boards we had up during the spring and summer. The programming highlight of this month is our sixth annual Antiques Appraisal program with Mark Moran on Saturday, October 19, but we also offer several informational programs regarding Social Security and Medicare. Our long-running Presidents Book Club has made it through all the presidents and has rebranded itself as the American Leaders Book Club. They will now focus on biographies of such influential leaders as Alexander Hamilton, Benjamin Franklin and Aaron Burr. National Friends of the Library Week is the week of October 20th, a great opportunity to thank our Friends for all of their hard work in helping us provide excellent programs for all ages. 2. Children’s Update (from Abby Bussen, Children’s Librarian): The children’s department had a quiet September. We continued our year-round storytimes, but with no afternoon or evening programs for the duration of September, we had time to analyze summer and plan for winter and spring! Our fall program offerings include a new Thursday afternoon program A.T.L.A.S. (At the Library After School), Secret Agent Spy Club, Art Explorers, Rock the Block LEGO Club, and Make+Give, plus the return of Family Picturebook Brunch and Sensory Playdates. We’ve also introduced some fun extras (known in the library world as “passive programming”), like guessing games, this vs. that voting games, and scavenger hunts to make every child’s library visit an exciting and immersive experience. We look forward to continuing to offer these passive programs throughout the year! Page 1 of 3 October 2019 Director's Report Packet Page 13 3. Young Adult Update (from Amanda Hyland, Young Adult Librarian): During the month of September, the Young Adult and Marketing Library has been working on marketing materials for the Friends of the Library’s Culver’s Night Fundraiser, the Friends of the Library Pre-Owned Art Sale, Jingle on Janesville, and the parking lot project. She has also started taking a Gale Course on Marketing Non-Profits. As far as teen programming goes, for the month of October there is a Disney Villains Trivia Contest in the Teen Area and on October 25, the Library is hosting its second nerf war event, Humans VS Zombies. 4. Other Updates: a. Dates of Note: Next Library Board Meeting is November 19th. November 8th: Library will be closed all day for an in-service day. b. Strategic Planning: The Strategic Planning Committee met October 3rd to go over the draft of the plan. We will meet again October 15th (after the Full Board meeting) in preparation for the draft review at the November full Library Board meeting. The Library Board will vote on the final draft at the December Library Board meeting. c. December Meeting: The December Full Board meeting would be December 17th. Will it be possible to achieve a quorum? d. Parking Lot: Our project was rained out! We had to quickly reschedule for mid-week before it got too cold to do the work. e. Continuing Education: Three librarians are at the Wisconsin Library Association Conference this week. f. Friends of the Library Fundraiser: On September 26th the Friends held their first Culvers fundraiser! We do not have a total amount raised yet, but there were many amazing patrons who turned out to support the Friends and the Library. And the Culver’s Manager said it was one of the most successful fundraisers they’ve done! 5. Employee Anniversaries: Brittany Larson, Library Director (2 years) Page 2 of 3 October 2019 Director's Report Packet Page 14 JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC TOTAL SEPT YTD Checkouts 2018 23,110 21,362 23,503 23,882 19,768 31,869 29,619 26,983 19,914 22,871 21,165 19,678 283,724 220,010 2019 21,785 21,507 24,231 23,645 21,420 26,506 30,895 26,132 21,640 217,761 217,761 % Change (5.7%)0.7%3.1%(1.0%)8.4%(16.8%)4.3%(3.2%)8.7%(23.2%)(1.0%) Overdrive Checkouts (E-books, E-Audio, E-Video) 2018 1,889 1,798 1,997 1,906 1,771 1,869 2,086 2,149 1,977 2,047 2,071 2,036 23,596 17,442 2019 2,247 2,119 2,302 2,198 2,232 2,262 2,455 2,351 2,312 20,478 20,478 % Change 19.0%17.9%15.3%15.3%26.0%21.0%17.7%9.4%16.9%(13.2%)17.4% Self-Service Transaction Percentage of Total Circ (Self-check, Online Renewals, and eBook Checkouts/Checkouts and eBook Checkouts) 2018 56.9%57.3%60.1%61.3%62.4%57.5%60.1%59.3%62.9%60.7%42.4%62.8%58.6%59.6% 2019 56.4%60.6%62.5%63.0%65.6%63.3%65.1%65.2%66.6%63.2%63.2% Library Visits* 2018 10,641 11,232 11,784 11,417 9,779 16,604 15,926 12,967 9,449 11,902 10,948 9,360 142,006 109,797 2019 10,151 11,418 12,525 13,775 10,701 14,463 14,851 13,447 10,803 112,133 112,133 % Change (4.6%)1.7%6.3%20.7%9.4%(12.9%)(6.8%)3.7%14.3%(21.0%)2.1% Reference Transactions (DPI defined) 2018 1,387 1,249 1,407 1,362 1,043 1,196 1,138 1,185 1,126 1,105 985 915 14,098 11,093 2019 1,182 1,123 1,067 995 1,002 1,211 1,331 1,215 1,171 10,297 10,297 % Change (14.8%)(10.1%)(24.2%)(26.9%)(3.9%)1.3%17.0%2.5%4.0%(27.0%)(7.2%) Technical/Other Information Transactions 2018 0 - 2019 576 528 427 492 3,152 4,030 1,362 481 11,048 11,048 % Change (14.8%)36.0%13.4%4.4%43.2%264.8%371.1%117.5%46.7%51.4%92.4% Meeting Room Use 2018 101 93 102 95 82 72 84 74 65 82 90 69 1,009 768 2019 78 89 107 97 91 87 87 68 78 782 782 % Change (22.8%)(4.3%)4.9%2.1%11.0%20.8%3.6%(8.1%)20.0%(22.5%)1.8% *Library Visits in APR'19 appear high. We worked with the gate company to check and service the gate. Counter was down Jun '19 Wk 4. JUN '19 visits for Wk 4 based on Wk 2 & 3 avg. Monthly Statistics for Muskego Public Library 2019 Page 3 of 3 October 2019 Director's Report Packet Page 15 Focus Group Goal: To gain feedback from the community about what the future of the Library should look like. Information will be used to help craft the next Strategic Plan. Critical Information Needs: Communication and Marketing, Services, Facilities Engagement Questions Which Library services are most beneficial to you or your family (Services)? What Library services are you aware of but aren’t useful to you (Services)? What area(s) of the Library building do you spend the most time in (Facilities)? How do you currently get information about the Library (Communication)? Page 1 of 3 Discussion: Strategic Planning Library Board Focus Group Packet Page 16 Exploration Questions What do you think makes Muskego special? What do you think Muskego is missing? What would bring you to the Library more? What prevents you from using the Library? If you had to tell a friend about the Muskego Public Library, what would you tell them? Page 2 of 3 Discussion: Strategic Planning Library Board Focus Group Packet Page 17 Exit Questions Is there anything else you would like to say about the Library? Either things you like, dislike, would like to see changed, or improved? Page 3 of 3 Discussion: Strategic Planning Library Board Focus Group Packet Page 18 10/10/2019 Mobile Beacon LTE Direct Customer Agreement | Mobile Beacon https://mobilebeacon.org/CustomerAgreement/1/7 Updated JULY 26, 2018 AT 12 PM est   IMPORTANT – READ CAREFULLY: THESE DIRECT CUSTOMER TERMS OF SERVICE, as they may be amended as hereinafter provided, form a binding legal agreement (these “TOS”) between Educational Broadband Service Agency LLC d/b/a Mobile Beacon (“Mobile Beacon”) and the entity listed in the signature elds below (hereinafter, the “Customer” or “you” or “your”). These TOS govern Customer’s access to and use of the wireless broadband service that Mobile Beacon makes available under these TOS (the “Service”). THESE TOS ARE EFFECTIVE WHEN EXECUTED AS PROVIDED BELOW (“EFFECTIVE DATE”). THESE TOS APPEAR ON MOBILE BEACON’S WEBSITE AND MAY BE MODIFIED AT ANY TIME BY MOBILE BEACON BY POSTING A REVISION ON ITS WEBSITE, WHICH REVISION SHALL BECOME EFFECTIVE AND BINDING ON THE PARTIES HERETO ONE WEEK AFTER POSTING. See Section 11 below. IT IS CUSTOMER’S RESPONSIBILITY TO MONITOR THE WEBSITE FOR SUCH UPDATES TO THESE TOS.   BY SIGNING BELOW, OR BY CUSTOMER’S ACCESS TO OR USE OF THE SERVICE, CUSTOMER AGREES TO BE BOUND BY THESE TOS, AND THE PERSON SIGNING BELOW ON BEHALF OF CUSTOMER CERTIFIES THAT THE PERSON SO EXECUTING THESE TOS HAS THE POWER AND AUTHORITY TO BIND CUSTOMER TO THESE TOS. 1. Scope of Agreement. i. Subscriptions for Service. Subject to Customer’s continued compliance with the terms and conditions of these TOS (including timely payment of applicable fees), Mobile Beacon will make the Service available to Customer for use by Customer’s Permitted Users (dened below) based on the number of subscriptions (each, a “Subscription”) either (i) purchased in an order placed with Mobile Beacon or (ii) provided to Customer through a donation made by Mobile Beacon (each an “Order”). ALL RIGHTS NOT EXPRESSLY GRANTED IN THESE TOS ARE RESERVED BY MOBILE BEACON. NEITHER CUSTOMER NOR ANY PERMITTED USER IS GRANTED ANY RIGHTS TO ANY FIRMWARE OR SOFTWARE UNDER THESE TOS. ii. Subscription Term. The initial term of each Subscription shall be as set forth in the applicable Order and, subject to these TOS, Service availability and any applicable price adjustments then in effect. Mobile Beacon will attempt to contact Customer by email at the last email address provided to Mobile Beacon by Customer to (i) inform Customer when Customer’s Subscription Term is drawing to a close and (ii) provide Customer with a form to renew Service for an additional Subscription Term. If Mobile Beacon does not receive payment in full for any applicable additional Subscription Term, Mobile Beacon reserves the right to immediately suspend or terminate Customer’s use of the Service for the applicable Subscription(s). The initial Subscription Term and any subsequent renewal Subscription Term are each a “Subscription Term.” iii. Equipment. Customer is responsible for ordering through Mobile Beacon the equipment needed for its Permitted Users’ use of the Service (“Equipment”). Requirements for Equipment compatibility with Provider’s LTE network are set forth on sprint.com. MOBILE BEACON IS NOT RESPONSIBLE FOR ANY FAILURE OF THE EQUIPMENT TO FUNCTION PROPERLY WITH THE SERVICE. IN ADDITION, CUSTOMER IS RESPONSIBLE FOR ENSURING THAT ALL EQUIPMENT AND ANY ASSOCIATED COMPONENT THEREOF MEET THE MINIMUM TECHNICAL REQUIREMENTS POSTED ON PROVIDER’S WEBSITE. Equipment will be shipped activated and authenticated by the Provider. All Equipment is delivered Free On Board (F.O.B.) Destination unless otherwise agreed. Title to purchased Equipment will pass upon receipt of full payment. Customer is responsible for maintaining documentation of the serial number (MEID DEC) for all 4G LTE Equipment as this information is required to provide technical support services or to request a refund or replacement for defective Equipment as provided for in Section 1f. The MEID DEC is located on the factory sticker of the box the Equipment came in as well as under the battery of the Equipment. iv. Permitted Users. i. “Permitted Users” means only those individuals who at all times during a Subscription Term are (i) users, recipients, or beneciaries of Customer’s educational, nonprot, or social welfare programs or services, or (ii) employees, volunteers, or independent contractors of Customer, and who, in each case, (A) acknowledge to Customer that they have been (x) provided a copy of the then-current TOS or Permitted User Minimum Terms of Service available at www.mobilebeacon.org/legal, and (y) advised to monitor updates to these Permitted User Minimum Terms of Service on Mobile Beacon’s website, and (B) are not in violation of these TOS or the Permitted User Minimum Terms of Service. ii. Termination of Permitted User Status. Customer will notify Mobile Beacon immediately upon Customer becoming aware of any unauthorized use of a Permitted User’s account, any suspected Mobile Beacon LTE Direct Customer Agreement Page 1 of 7 Action: Library Hot Spot Renewal Packet Page 19 10/10/2019 Mobile Beacon LTE Direct Customer Agreement | Mobile Beacon https://mobilebeacon.org/CustomerAgreement/2/7 security breach, or any failure by a Permitted User to comply with these TOS. Once a person ceases to be a Permitted User for any reason, Customer shall take such action as is necessary to ensure that such individual no longer makes use of or accesses the Service and shall (i) attempt to reclaim possession of the Equipment from such person, and (ii) email service@mobilebeacon.org with (A) the serial number (MEID DEC) of any Equipment in the former Permitted User’s possession (the MEID DEC is located on the factory sticker under the battery of such Equipment) and (B) request Mobile Beacon to disable access to the Service by the Equipment until such time as Customer has reclaimed possession of the Equipment and requests that access to the Service be enabled. iii. Additional Obligations Regarding Permitted Users. Customer will make the Service available to Permitted Users only pursuant to arrangements whereby Permitted Users are made aware of prohibited activity and their obligations under the Permitted User Minimum Terms of Service, including checking Mobile Beacon’s website for any changes to these terms. Customer shall remind each Permitted User at least annually during the Subscription Term, of the conduct expected of Permitted Users. Customer shall maintain documentation of the serial number (MEID DEC) of any Equipment in the possession of a Permitted User. v. Limitations Resulting from Third-Party Provider. Customer understands and agrees that the Service is provided by a third party, who may change from time to time (the “Provider”). As of the Effective Date, the Provider is Sprint Spectrum, L.P. (or an afliate thereof). MOBILE BEACON, AS A DISTRIBUTOR OF THE SERVICE, DOES NOT ASSUME RESPONSIBILITY FOR THE AVAILABILITY OF THE SERVICE OR THE CONDUCT OF THE PROVIDER. For example, Mobile Beacon does not control or assume responsibility for congestion management, block or rate-control protocols or protocol ports, inhibit or favor any particular applications, impose user device rules or provide end-user security functionality. Customer further understands and agrees on its behalf and on behalf of its Permitted Users that the underlying technology and availability of the Service could change after the Effective Date in a manner causing changes or disruptions to the Service (“Provider Service Change”). ANY CHANGE TO OR DISRUPTION OF THE SERVICE IN CONNECTION WITH THE FOREGOING SHALL NOT CONSTITUTE A BREACH OF THESE TOS. vi. REFUND AND RETURN POLICIES. Mobile Beacon provides a 60-Day Limited Refund Policy for new Equipment ordered through Mobile Beacon. Mobile Beacon also provides a Defective Device Replacement Policy for certain Equipment. The current terms of these policies are located at the following website address: www.mobilebeacon.org/legal and their terms are incorporated in these TOS by reference, and like these TOS, the terms of these policies may be modied at any time by Mobile Beacon upon posting a revision to its website, which shall become binding on the Customer one week after such posting. vii. Additional Obligations of Grant Recipients. i. i). In connection with Mobile Beacon’s Connect for Success and Wi-Fly grant programs (each a “Grant Program”) and for the purposes described in the Customer’s grant application to Mobile Beacon (“Grant Purpose”), Customer agrees to complete the Mobile Beacon’s feedback and evaluation requirements, which include submitting a six-month and 12-month written report in the format provided by Mobile Beacon. If Customer fails to complete and provide these reports to Mobile Beacon at the appropriate times, Customer shall return all Equipment to Mobile Beacon at Customer’s expense within 30 days. ii. In connection with the above written reports, and in compliance with Customer’s privacy policies and applicable privacy laws, Customer agrees to provide feedback, testimonials, stories and photographs of Permitted Users and/or Customer’s staff or program administrators to demonstrate how the Service and Equipment were used for the Grant Purpose. Customer is responsible for securing any required permission/release from individuals for any personally identiable information prior to submitting to Mobile Beacon. For all such material provided to Mobile Beacon, Customer grants Mobile Beacon and its afliates the right to edit, use, and reuse this content in future publications, marketing materials, case studies, social media, or other public communications. Customer represents and warrants that any such materials provided to Mobile Beacon adhere to Customer’s privacy policies as well as state and federal law regarding any personally identiable information of Permitted Users or Customer’s employees, and will hold Mobile Beacon and its ofcers, directors and afliates, harmless for any claims resulting from a breach of any such privacy policies and applicable laws. For example, if Customer does not have permission to use a students’ or parent/guardian’s name, Customer may attribute the feedback generally (e.g. “student in Grade [X]” or “Parent”). iii. Customer agrees to use the Service and Equipment for the Grant Purpose for a minimum of 20 hours per week during specied grant period noted in the grant award letter (“Grant Period”). [For Connect for Success grant recipients, this requirement only applies while school is in session.] If the Service is not used for three consecutive months during the Grant Period, the Customer is required at its own expense to return all Equipment (100% intact including the original boxes, all cords and plugs, batteries, body of the devices, and pamphlets) to Mobile Beacon. Customer shall be responsible for the cost of any Equipment not returned 100% intact and free of defects. iv. Customer also agrees to follow the communication plan provided by Mobile Beacon in communicating the Grant Program to its local media and community. Additionally, Customer agrees Page 2 of 7 Action: Library Hot Spot Renewal Packet Page 20 10/10/2019 Mobile Beacon LTE Direct Customer Agreement | Mobile Beacon https://mobilebeacon.org/CustomerAgreement/3/7 to cooperate with Mobile Beacon in publicizing the grant award and associated outcomes. Customer shall provide Mobile Beacon with the opportunity to review materials with our name and logo prior to publication. Such materials should be sent to grants@mobilebeacon.org and include details on where the information will be posted or distributed and when. v. Provided that Customer meets its obligations under subparts i, ii, and iii of this Section, Customer shall have no obligation to return any of the Equipment at the end of the Grant Period. Additionally, Customer has the right (but no obligation) to continue the Service at the end of the Grant Period by renewing some or all of the Subscriptions associated with 4G LTE Equipment at Mobile Beacon’s then-current rate (currently $10/month paid annually in advance--$120/year per device). The Service may be renewed for use by any Permitted Users of the organization without reference to the Grant Purpose. 2. Pricing, Other Charges and Payment Terms. i. Subscription and Equipment Pricing & Payment. Pricing for Subscriptions (the “Subscription Fee”) during the initial Subscription Term, and the pricing for any associated Equipment, will be as set forth in the applicable Order (which also will specify any applicable discount or no-charge items in the case of donations). Customer is responsible for payment of all invoiced amounts within the time specied on the invoice. Payments are not subject to set off or withholding. ii. Taxes, Fees & Other Charges. Customer is responsible for any and all applicable taxes, duties, fees, surcharges, account set-up fees or other costs payable in connection with the Service and Equipment, (including Equipment shipping costs), except to the extent Customer can show with documentation satisfactory to Mobile Beacon that the transaction is lawfully exempt from such taxes, fees, or other charges. Taxes, fees and other charges may vary from month to month. Mobile Beacon is not required to provide advance notice of any such taxes, fees or other charges, except as may be required by law. Customer agrees to pay any additional charges or fees, including interest and charges due to insufcient credit or insufcient funds or delay in payment or failure to collect any applicable tax or governmental charge. 3. Publicity. i. Customer may use or refer to the name, trademarks or logos of Mobile Beacon in any advertisement, publication or other media with Mobile Beacon’s prior written consent. ii. Customer may not use or refer to the name, trademarks or logos of Provider or any of its afliates in any advertisement, publication, other media or otherwise. 4. Service Limitations & Restrictions. i. Availability. The Service is not available in all locations and Permitted Users will only be able to access the Service when within the operating range of the Provider’s network, which may change from time in the sole discretion of the Provider. The Service may be disrupted or unavailable from time to time due to maintenance, emergencies, inclement weather or other factors outside of Mobile Beacon’s control. The Service and Equipment may not function in the event of a power failure or disruption, and Permitted Users may be required to reset or recongure their Equipment or other hardware in order to use the Service thereafter. Neither Mobile Beacon nor Provider assume any liability with regard to any failure or lack of performance of the Service for any reason whatsoever. ii. Service Quality and Maintenance. The speed and bandwidth available to Equipment accessing the Service may vary for a variety of reasons. The Provider reserves the right to engage in reasonable network management to protect the overall integrity of the Provider’s network, including detecting malicious trafc patterns and attempting to prevent the distribution of viruses or other malicious code, and through techniques such as reducing the aggregate bandwidth available to excessive bandwidth users during periods of network congestion. In addition, Provider will perform maintenance on the Service, which may include planned or unplanned interruptions of the Service. Customer acknowledges and agrees that neither Mobile Beacon nor any of the other Mobile Beacon Parties (as dened in Section 8b will be responsible for any losses or damages suffered by Customer, or anyone accessing the Service through Customer, as a result of any Service interruptions. Customer acknowledges that the Service may not be available in all areas, and even within coverage areas Service availability, quality, signal strength and network speeds may vary, be lower than advertised or be insufcient for use of the Service. No credit or adjustment will be made for interruptions or degradations of the Service except as agreed by Mobile Beacon in its discretion or as required by applicable law. iii. Provider AUP, T&C. Use of the Service is subject to the Provider’s then-current (i) acceptable use policy (the “Provider AUP”), a copy of which is available at https://www.sprint.com/legal/AUP.html), and (ii) end user terms and conditions (the “Provider T&C”), a copy of which is available at http://www.sprint.com/termsandconditions. Together, the Provider AUP and Provider T&C form the Page 3 of 7 Action: Library Hot Spot Renewal Packet Page 21 10/10/2019 Mobile Beacon LTE Direct Customer Agreement | Mobile Beacon https://mobilebeacon.org/CustomerAgreement/4/7 “Provider Terms and Conditions” and these policies, terms and conditions, as they may change from time to time, are incorporated herein by reference. The applicable Provider Terms and Conditions are effective as of the date provided for in the Provider Terms and Conditions, which may be different than the time changes to these TOS made on the Mobile Beacon website become effective. iv. Open Internet Rule Disclosures. Customer represents that it has read and understands Mobile Beacon’s Open Internet Transparency Rule Disclosures, as may be amended, which are available at mobilebeacon.org/legal and are incorporated herein by reference. v. Usage Limits. THE SERVICE MAY BE SUBJECT TO USAGE LIMITS ESTABLISHED BY THE PROVIDER, WHICH ARE NOT CONTROLLED BY MOBILE BEACON AND ARE SUBJECT TO CHANGE. MOBILE BEACON MAY NOT RECEIVE ADVANCE NOTICE OF ANY SUCH CHANGES FROM THE PROVIDER AND IN SUCH CASES WILL NOT BE ABLE TO GIVE CUSTOMER ADVANCE NOTICE THEREOF. vi. Customer and Permitted User Prohibitions/Suspension of Services. Customer shall not permit any person who is not a current Permitted User to access the Service, nor shall Customer permit anyone to resell Subscriptions or the Service or Equipment, nor shall Customer grant any sublicense of any kind in respect of any aspect of the Service. CUSTOMER AND PERMITTED USERS SHALL NOT ATTEMPT TO REVERSE-ENGINEER, INTERFERE OR TAMPER WITH, OR OTHERWISE USE OR ABUSE THE SERVICE OR EQUIPMENT WITH THE INTENDED OR ACTUAL EFFECT OF VIOLATING THESE TOS OR ANY PERSON’S INTELLECTUAL PROPERTY RIGHTS. CUSTOMER AND ITS PERMITTED USERS ARE FURTHER PROHIBITED FROM ENGAGING IN ANY ACTIVITIES WITH REGARD TO THE SERVICE THAT WOULD VIOLATE THE PROVIDER TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, ENGAGING IN ANY FRAUDULENT, UNLAWFUL, HARASSING, OR ABUSIVE ACTIVITIES, USING THE SERVICE IN A MANNER THAT COULD DAMAGE ANY PROPERTY OF ANY OTHER PERSON, OR OTHERWISE INTERFERING WITH THE SERVICE, OR VIOLATING ANY FEDERAL, STATE, OR LOCAL LAW, REGULATION OR RULE, OR THE RIGHTS OF ANY THIRD PARTY. CUSTOMER’S SUBSCRIPTION(S) AND ITS PERMITTED USERS’ ACCESS TO AND USE OF THE SERVICE ASSOCIATED WITH SUCH SUBSCRIPTION(S) ARE SUBJECT TO IMMEDIATE SUSPENSION OR TERMINATION WITHOUT NOTICE IF MOBILE BEACON, IN ITS SOLE DISCRETION, HAS A REASONABLE BASIS TO BELIEVE THAT CUSTOMER OR ITS PERMITTED USER HAS ENGAGED IN ANY PROHIBITED ACTIVITY. 5. Compliance with Laws. Customer represents and warrants that it will comply with all applicable laws and regulations in connection with its performance under these TOS. 6. Term and Termination. i. Term. The term of these TOS will commence on the Effective Date and, unless sooner terminated as permitted herein, will continue in effect until all Subscriptions hereunder have expired or been terminated (the “Term”). The term of each individual Subscription is described in Section 1, above. ii. Termination of Subscription or Suspension of Service. i. Mobile Beacon may suspend or terminate the Service, in whole or in part, with or without cause, at any time, including without limitation for violations of the Provider Terms and Conditions. If Mobile Beacon terminates a Subscription without cause more than one month prior to the expiration of a Subscription, Mobile Beacon will issue a refund of Subscription Fees paid for full, unused months remaining on the then-current ii. Customer may terminate Service, in whole or in part, with or without cause at any time. Except as referenced in this Section 6bii), Customer shall not be entitled to any refund or credit from Mobile Beacon under these TOS in respect of such terminated Service except in the following cases: A. Where Customer returns Equipment for a refund in accordance with Mobile Beacon’s 60-Day Limited Refund Policy located at www.mobilebeacon.org/legal. B. Where Mobile Beacon terminates a Subscription without cause more than one month prior to the expiration of a Subscription, Mobile Beacon will issue a refund of Subscription Fees paid for full, unused months remaining on the then-current Subscription Term. C. To the extent Customer has complied with the provisions thereof, a limited refund will be provided as set forth in Sections 10 (Service Modication and Discontinuation) and 11 (Change to Terms). iii. Effect of Termination. Upon expiration or termination of a Subscription for any reason, all rights of access to and use of the Service under the Subscription shall automatically terminate and Customer will cause Permitted Users to immediately cease use of the Service. Page 4 of 7 Action: Library Hot Spot Renewal Packet Page 22 10/10/2019 Mobile Beacon LTE Direct Customer Agreement | Mobile Beacon https://mobilebeacon.org/CustomerAgreement/5/7 7. Customer Representations and Warranties Customer represents and warrants that:   a. it is either (i) an accredited school, college or university or has been identied in writing by Mobile Beacon as an otherwise qualifying educational institution, or (ii) a nonprot organization described in Section 501 of the Internal Revenue Code of 1986, as amended (the “Code”), or has been identied by Mobile Beacon in writing as an otherwise qualifying nonprot organization, or (iii) is an academic or public library, housing authority, or has been identied by Mobile Beacon in writing as a qualifying social welfare organization, b. it (i) has received a recognition of exemption under Section 501(c) of the Code, (ii) is listed on http://www.guidestar.org for nonprots or https://data.imls.gov for libraries or (iii) has otherwise been identied by Mobile Beacon in writing as a qualifying organization, c. it will not permit anyone who is not a Permitted User to access the Service and will monitor its Permitted Users in compliance with these TOS, d. it has obtained such approvals as may be required to enter into these TOS and the executing individual has the authority to bind Customer to these TOS, e. all information provided to Mobile Beacon by or on behalf of Customer is and will continue to be accurate, complete, and current; f. it will not make or publish any representations, warranties or guarantees on behalf of Mobile Beacon or any of the other Mobile Beacon Parties or the Provider concerning the availability, performance, or functionality of the Service; and g. it will keep Mobile Beacon informed of any problems with the Service and the related resolution of such problems. 8. Limitation on Warranties; Disclaimer. i. Limited Warranty. To the extent Mobile Beacon has the power and authority to do so, Mobile Beacon will pass through to Customer any manufacturer’s warranty for the Equipment. ii. Disclaimer of Warranties. CUSTOMER ACKNOWLEDGES THAT NEITHER Mobile Beacon, ITS RELATED ENTITIES, PARENT ORGANIZATION, OR ITS SUPPLIERS, INCLUDING WITHOUT LIMITATION NORTH AMERICAN CATHOLIC EDUCATIONAL PROGRAMMING FOUNDATION INC (COLLECTIVELY THE “Mobile Beacon PARTIES”) HAS MADE ANY WARRANTIES UNDER THESE TOS OR OTHERWISE, AND CUSTOMER HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED BY THE MOBILE BEACON PARTIES WITH REGARD TO THE SERVICE OR THE EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. ALL USE OF THE SERVICE AND EQUIPMENT IS AT THE CUSTOMER’S OR PERMITTED USER’S OWN RISK. THE SERVICE AND EQUIPMENT ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS EXCEPT AS EXPRESSLY PROVIDED HEREIN. 9. Support Services. Except as expressly set forth in these TOS, Mobile Beacon shall have no obligations with respect to the Service. For questions about Customer’s account, billing, or customer support, please contact Mobile Beacon by emailing service@mobilebeacon.org. Except for any basic troubleshooting or technical support that Mobile Beacon may provide, technical support requests will be routed to and are the responsibility of the Provider (collectively, the “Support Services”). Support Services are subject to Customer and its Permitted Users’ use of the Service and Equipment in accordance with these TOS. Mobile Beacon or the Provider may need to access Equipment or related hardware or software in order to provide Support Services. Defective Equipment must be returned as provided under Mobile Beacon’s Defective Device Replacement Policy available at www.mobilebeacon.org/legal. NO MOBILE BEACON PARTY IS RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY OTHER MOBILE BEACON PARTY OR THIRD PARTIES IN CONNECTION WITH SUPPORT SERVICES. Provider will only provide Support Services for Equipment purchased through Mobile Beacon, Sprint, or an authorized Sprint dealer. 10. Service Modication and Discontinuation. Mobile Beacon and the Provider reserve the right at any time to in any way modify, edit, suspend or discontinue the Service or the Support Services made available hereunder with or without notice, including without limitation by modication to the TOS as they appear on Mobile Beacon’s website from time to time. In the event of Service discontinuation or of Service changes causing a material adverse effect on the quality Page 5 of 7 Action: Library Hot Spot Renewal Packet Page 23 10/10/2019 Mobile Beacon LTE Direct Customer Agreement | Mobile Beacon https://mobilebeacon.org/CustomerAgreement/6/7 or availability of Service, the Customer may, as its sole and exclusive remedy arising out of this Section 10, terminate the affected Subscriptions and the sole and exclusive liability of Mobile Beacon and the Mobile Beacon Parties shall be to pay Customer a refund of Subscription Fees previously paid for full, unused months remaining on the then-current Subscription Term. 11. Changes to Terms. THE TERMS OF THESE TOS MAY BE MODIFIED AT ANY TIME AND FROM TIME TO TIME BY MOBILE BEACON AS PROVIDED IN THE FIRST UNNUMBERED PARAGRAPH OF THESE TOS ENTITLED “IMPORTANT – READ CAREFULLY.” Without limiting the generality of the foregoing, Mobile Beacon also reserves the right to make modications to the terms of these TOS as may reasonably be needed to comply with applicable laws or to account for changes in Mobile Beacon’s business, course of dealing with the Provider, or other factors. The Provider also reserves the right to change or update the Provider AUP and Provider T&C at any time. Mobile Beacon or the Provider (as the case may be) will reect such changes on the Mobile Beacon website or the website of the Provider, as indicated above, which the parties consider a reasonable means of notice of such changes to Customer. All such changes will be deemed effective as provided above. If such modications are not agreeable to Customer or to Permitted Users, Customer may elect (as its sole and exclusive remedy) to terminate the affected Subscriptions and receive a refund of Subscription Fees paid for full, unused months remaining on the then-current Subscription Term. 12. Indemnication. Customer shall defend, indemnify and hold harmless Mobile Beacon and the other Mobile Beacon Parties from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties (including any Permitted User) resulting from or relating to: (a) any acts, omissions or breach of the representations and warranties in these TOS of or by Customer; or (b) any acts, omissions or breach of these TOS by Permitted Users or any other user receiving access to the Service through Customer. 13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE Mobile Beacon PARTIES’ CUMULATIVE LIABILITY TO CUSTOMER AND TO ANY PERMITTED USER AND TO ANY THIRD PARTY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TOS WILL BE LIMITED TO THE TOTAL SUBSCRIPTION FEES PAID BY CUSTOMER TO Mobile Beacon IN THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH THE FIRST CLAIM AROSE. MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. THE MOBILE BEACON PARTIES WILL HAVE NO LIABILITY WITH REGARD TO ANY DEFECT OR FAILURE OF THE SERVICE, EQUIPMENT, OR SUPPORT SERVICES, ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF CUSTOMER’S OR ANY PERMITTED USER’S DATA, ANY COST OF OBTAINING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. FURTHER, IN NO EVENT WILL THE MOBILE BEACON PARTIES BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE OR THE EQUIPMENT, UNDER ANY THEORY, WHETHER CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 14. Assignment. Customer’s rights under these TOS may not be transferred, leased, assigned, or sublicensed, including without limitation to any successor in interest, without the prior written consent of Mobile Beacon. Any purported attempt to transfer, lease, assign or sublicense Customer’s rights without the consent of Mobile Beacon will be void, and Mobile Beacon may immediately terminate these TOS without liability. Notwithstanding the foregoing, all provisions of these TOS shall be binding upon Customer successors and permitted assigns. 15. Governing Law & Venue. Any question, controversy or dispute arising out of or related to these TOS (a “Dispute”) shall be governed by and interpreted in accordance with the laws of the State of Rhode Island, without regard to its choice of law provisions. Any actions or proceedings arising out of or relating to these TOS shall be brought in a state or federal court sitting in Rhode Island and the parties irrevocably submit to the exclusive jurisdiction of such courts in any such action or proceeding and irrevocably waive the defense of an inconvenient forum to the Page 6 of 7 Action: Library Hot Spot Renewal Packet Page 24 10/10/2019 Mobile Beacon LTE Direct Customer Agreement | Mobile Beacon https://mobilebeacon.org/CustomerAgreement/7/7 maintenance of such action or proceeding. To the extent permitted by applicable law, the parties hereby expressly waive the right to a trial by jury. 16. Content and Security. a. Customer acknowledges that the internet and wireless communications are not inherently secure means of data communication, and agrees that the Mobile Beacon Parties shall have no liability for breaches of security beyond their reasonable control, including, without limitation, Customer’s negligence with respect to controlling access to the Service or Customer’s data. It is the sole responsibility of Customer to obtain and implement appropriate security devices, software, and other measures (including without limitation rewalls) to protect Customer’s systems and data from theft, viruses, worms, Trojan horses, or other security threats, and the Mobile Beacon Parties have no responsibility or liability with regard thereto. b. Any material downloaded or otherwise obtained through use of the Service is accessed at Customer’s and Permitted Users’ own discretion and risk. The Mobile Beacon Parties do not control and are not responsible for any third-party websites, tools, content, services or products that Customer or a Permitted User may access or encounter during use of the Service, including without limitation the Provider’s content ltering tool. Customer may request that Mobile Beacon enable the Provider’s content-ltering tool for specied Equipment to block sites or content determined inappropriate in accordance with the Children’s Internet Protection Act (CIPA). The Provider’s content ltering tool is not guaranteed to be 100% accurate and can only lter web pages accessed via the Provider’s network (it does not lter emails, SMS, MMS, applications or anything else which is not accessed through a web browser). The Provider’s content ltering tool does not work if the Equipment is roaming or using WiFi. Customer agrees the Mobile Beacon Parties have no responsibility or liability with regard thereto. c. The Provider’s network management practices may entail the inspection and storage of network trafc, the provision of network trafc to third parties and/or the use of network trafc for non-network management purposes. For further information, please refer to the Provider Terms and Conditions, which form a part of these TOS. The Mobile Beacon Parties and the Provider also have the right to take actions either of them deem reasonably necessary to protect any individual or entity, comply with applicable laws, regulations, or government requests, or to enforce the terms of these TOS. 17. Notices. Except where notice is not required to be given by Mobile Beacon or may be given by changes reected on the Mobile Beacon website as provided above, including in Section 11, all notices, required or permitted under these TOS (each a “Notice”) shall be delivered in writing by courier, overnight delivery, or by certied or registered mail (postage prepaid and return receipt requested) to the other party at its address set forth in the Order in the case of the Customer and in the case of Mobile Beacon and the Mobile Beacon Parties, on its website identied above, or Notice may be given by conrmed electronic delivery by email at the address set forth on the Order in the case of the Customer or at the email address set forth of Mobile Beacon’s website in the case of Mobile Beacon. Either party may change to the notice address by Notice to the other party. 18. General. None of the Mobile Beacon Parties or Provider shall be responsible or liable in any manner under these TOS for any failure of the Service or Mobile Beacon’s performance of these TOS to the extent that such failure is due to acts of God, failure of suppliers or other causes beyond its control or by reason of a change in the Service. If any part of these TOS is found invalid (including without limitation any conict with any applicable law or regulation) such invalidity will not affect the remaining portions of these TOS, and the parties will substitute for the invalid provision a provision that most closely approximates the intent and economic effect of the invalid provision. Failure by either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of the duration of such default, will not constitute a waiver of rights hereunder. These TOS, together with such modications as may be adopted pursuant to Section 11 constitute the complete agreement between Customer and Mobile Beacon with respect to the subject matter hereof and supersedes all proposals (oral or written), all previous negotiations, and all other communications, including without limitation communications on the website of any Mobile Beacon, except as set forth above.       Page 7 of 7 Action: Library Hot Spot Renewal Packet Page 25