3.6. SR 07-19-2004MEMORANDUM
Item
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Pat Klaers, City A~n~nistrator
July 19, 2004 ~/~
Consider Library Branch Agreement
Attached for your review is the library branch agreement between the City of Elk River and the
Great River Regional Library. The Elk River Library Board is recommending that the city adopt this
agreement. The agreement has been reviewed by the City Prosecuting Attorney Chris Johnson and
no issues or concerns have been brought to my attention.
Recommendation
It is recommended that the City Council approve the attached library branch agreement between the
city and Great River Regional Library.
S:\Council\Pat\2004\libraryagreement.doc
Great River
2001 Annual
Movin' Ahead
City of Elk River Library Board
413 Proctor Avenue
Elk River, MN 55330
June 28,2004
Patrick Klaers, City Administrator
City of Elk River
13065 Orono Parkway
P. O. Box 490
Elk River, MN 55330
Dear Mr. Klaers,
The Board of Directors of the Elk River Public Library has reviewed the "Library
Sample Agreement" which you received from Great River Regional Library Director
Bescye Bumett. It is our recommendation that the City adopt the agreement. We believe
it proVides for a good working agreement between the two parties.
If you have any questions about our recommendation, please feel free to contact
me at (763) 639-8043.
Sincerely,
Elk River Library Board
Leslie Anderson - Chair
Cc~
Bescye P. Bumett, GRRL Director
Felix Schmiesing, Sherbume County Commissioner
Mick Stoffers, Elk River Branch Librarian
Joan Allen, GRRL Regional Supervisor
Veme Oleksowicz, GRRL Deputy Director
Greal'
River
Regional
Librar?
Headquarters
405 W. St. Germain
St. Cloud
Minnesota 56301
Telephone
320-650-2500
Fax
320-650-2501
www. griver, org
June 10,2004
Patrick Klaers, City Administrator
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
Dear Mr. Klaers,
We are still in the process of establishing formal library branch agreements
with the communities in which Great River Regional Library has a location.
We sent you a sample agreement as we began work on this project in 2002.
I've attached another copy of the sample agreement. Please review the
sample agreement. I would like to schedule a time to talk with you about the
agreement. Deb DeLeo will call you to see if we can schedule a time to
review the agreement and any concerns you may have.
I'm looking forward to working with you to complete this project.
Sincerely,
Bescye P. Burnett
Director
Note: At present we have agreements with twenty-one of our communities.
Enclosure
CC:
Felix Schmiesing, Sherburne County Commissioner
Mick Stoffers, Elk River Branch Librarian
Joan Allen, GRRL Regional Supervisor
Verne Oleksowicz, GRRL Deputy Director
Serving Benton,
Morrison, Sherburne,
Stearns, Todd,
and Wright Counties
LIBRARY BRANCH AGREEMENT
THIS AGREEMENT, made and entered into this day of
,2004, by and between the City of
a municipal corporation, hereinafter collectively referred to as "CITY," and Great
River Regional Library, a public regional library system established under
Minnesota Statutes, hereinafter referred to as "GRRL."
WHEREAS, the City Council, by written action, has
established a branch library of the Great River RegiOnal Library System in the
City of
NOW, THEREFORE, the parties hereto wish to commit in writing the
terms and conditions under which the CITY, will be affiliated with GRRL, and in
consideration of the premises, the parties do hereby agree as follows.
SERVICES. Throughout the term of this agreement GRRL agrees to
provide basic system services as defined in Minnesota Statute 134.001,
Subdivision 5. These services shall include, but shall not be limited to,
communication among parties, resource sharing, delivery of materials,
reciprocal borrowing, and cooperative~reference service. In addition, the
following specific services shall 'be provided:
Determination and development of services to be provided with
input from citizens of the communities.
Development and carrying out of all library policies. GRRL
maintains uniform policies for all library services and to minimize
confusion no individual policies for the location will
be maintained.
GRRL administrative staff determines hours of service with input
from local residents.
Collection development - the GRRL staff is responsible for
selection of library materials for all GRR/branches. All books,
magazines, cassettes, films, videos or other materials purchased
for any branch are to be ordered through headquarters regardless
of the source of funds. Local citizens are encouraged to make
suggestions for collection development and headquarters staff will
try to follow their advice.
=
Personnel administration: GRRL is responsible for the selection,
training and employment of all branch personnel. The GRRL Board
is responsible for maintaining a region-wide pay schedule and
personnel policy for all GRRL personnel. All decisions relating to
promotion, demotion, hiring or termination are the responsibility of
the regional library.
GRRL will insure all building contents, including materials, which
are owned by GRRL.
Miscellaneous services - telephone service, delivery service,
purchase of essential operating supplies and all other
responsibilities not directly associated with the provision and
maintenance of physical facilities.
Automation equipment, software and licenses required to perform
assigned GRRL functions,
EQUIPMENT AND FURNISHINGS. In conneCtion with the location of a
branch library in the City of . , the City of
will provide appropriate equipment and furnishings for the library. It is the
understanding of the parties hereto that the title to the said equipment and
furnishings will remain with the CITY throUghout the term of this
agreement. If during the term of the agreement the equipment and
furnishings shall be deemed to be obsolete or shall need replacing, then
the original furnishings and equipment shall be returned to the City of
for sale Or other disposition. In the event that the
equipment provided by the City of becomes
inadequate for the proviSion of library service, the CITY shall have ninety
(90) days to provide acceptable equipment before this agreement may be
terminated.
LIBRARY FACILITY. Throughout the term of this agreement, the City of
will provide a facility to serve as the location of the
GRRL branch library.
All costs associated with operating the building, including, but not limited
to custodial services, utilities, insurance, and building maintenance will be
paid for by the CITY without offset or reimbursement to or from the GRRL
funds or appropriations. The CITY, its employees and agents, will be
allowed to access the said building in order to provide janitorial services
and maintain the building. Janitorial and trash removal services will be
provided on at least a weekly basis. The CITY will make necessary
arrangement to provide for all necessary maintenance and repair of the
buildings and grounds, including raking, lawn mowing and timely snow
removal. The facility should have adequate air conditioning and heating.
2
ADDITIONAL CITY RESPONSIBILITIES.
operation of a branch in the City of
responsible for the following:
In connection with the
, the CITY shall be
Development and interpretation of policies related to meeting room
use (if applicable);
Bo
Support of special programming such as discussion groups,
lectures, art exhibits and children's programming;
Support for provision of adequate funding for regional library
service programs with local, state, and federal authority;
Development of additional local funding (taxes, gifts, etc.) for
supplementary materials and equipment; and
Establishing "Rules of Behavior", satisfactory to GRRL; this will be
enforced by the City or County Law Enforcement. GRRL will, upon
request, provide examples of previously approved behavior codes.
FIRE AND EXTENDED COVERAGE INSURANCE. CITY as its sole cost
and expense, shall keep the building and all improvements appurtenant
thereto, and all fixtures and equipment therein, insured for the benefit of
the CITY against loss or damage by fire and against such other risks as
are or shall be customarily'covered with respect to buildings similar in
construction, general location, use, and occupancy, including, but not
limited to, windstorm, hail, explosion, vandalism, riot and civil commotion,
damage from vehicles, smoke damage, and such other damage as may
be deemed necessary by the CITY.
PERSONAL PROPERTY INSURANCE. GRRL shall maintain insurance
coverage upon all personal property owned by GRRL including library
materials and equipment. The CITY shall maintain insurance coverage
upon all other personal property including that of the CITY or the personal
property of any others kept, stored, displayed (visual arts) or maintained
on the Library premises against loss or damage by fire,
windstorm, or other casualties for such amounts as GRRL or the CITY
may desire.
GIFTS AND ENDOWMENTS. After the execution of this agreement, all
property, except library materials, given, granted, conveyed, donated,
devised, or bequeathed to, or otherwise acquired by the CITY shall vest
in, and be held in the name of the City of All library
materials so acquired by the CITY will be handled in accordance with the
provisions outlined in the document EXPLANATION OF GRRL GIFT
MATERIAL POLICIES.
EMPLOYEES. GRRL will employ such individuals as it deems
appropriate to provide the necessary library services associated with
operating the branch library. The salary, employment schedule and job
description for all employees will be established by GRRL. Any
employees will serve under the terms of the GRRL Personnel Rules and
Policies manual.
TERMINATION OF AGREEMENT. This Agreement shall remain in full
force and effect until terminated by either party by 60 day written notice.
Upon termination of this Agreement by either party, the operation of the
branch library will cease. Each party will be responsible for removing its
property from the facility. GRRL will remove its property from the branch
facility within 30 days of the closing of the branch location.
10.
NOTICES. All communications and notices required to be given or served
hereunder shall be in writing.and shall be deemed to have been duly given
or served if delivered in person or deposited in the United States Mail,
postage prepaid, for mailing by certified or registered mail, return receipt
requested, and addressed to a party to this agreement at the address
hereafter stated:
Director
Great River Regional Library
405 St. Germain
St. Cloud, MN 56301
City Administrator
City of
11.
BINDING EFFECT. This agreement shall be binding on and shall inure to
the benefit of the parties hereto and to their assigns and successors in
interest.
12.
AMENDMENT, MODIFICATION, AND WAIVER. No amendment,
modification, or waiver of any condition, provision, or term hereof shall be
valid or of any effect unless made in writing, signed by parties hereto and
specifying with particularity the extent and nature of such amendment,
modification, or waiver. Any waiver by any party of any default of another
party shall not affect or impair any right arising from any subsequent
default.
13.
SEVERABLE PROVISIONS. Each provision, section, sentence, clause,
phrase, and work of this agreement is intended to be severable. If any
provision, section, sentence, clause, phrase, or work hereof is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not
affect the validity of the remainder of the agreement.
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14.
15.
16.
MINNESOTA LAW. This agreement shall be construed and enforced in
accordance with the laws of the State of Minnesota.
ASSIGNMENT. Neither party may assign its interest hereunder without
the express written consent of the other party.
ARBITRATION. At the mutual agreement of the parties, any claim or
controversy arising out of or relating to this agreement or the breach
thereof may be settled by arbitration in accordance with the rules of the
American Arbitration Association, and judgment on the award granted by
the arbitrator may be entered in any court having jurisdiction thereof.
This shall not be construed to prevent any party f.rom seeking legal
redress to enforce the provisions of this agreement;
IN WITNESS WHEREOF, the parties ~have caused this agreement to be
executed the day and year first above written.
CITY OF
Mayor
Library Director
City Clerk/Administrator
Date
GREAT RIVER REGIONAL LIBRARY
President, Board of Trustees
Secretary, Board of Trustees
Date