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8.1. SR 10-03-2016 EOty1� ,.,�� Request for Action River To Item Number Mayor and City Council 8.1 Agenda Section Meeting Date Prepared by General Business October 3, 2016 Michael Hecker, Parks and Recreation Director Item Description Reviewed by Great River Regional Library Branch Agreement Cal Portner, City Administrator Reviewed by Action Requested Recommend,by motion, to approve the new Library Branch Agreement between Great River Regional Library (GRRL) and the City of Elk River. Background/Discussion The Library Branch Agreement defines the agreement between GRRL and its cities in order for a building to be a suitable location for library services. The new agreement was developed by the GRRL Board of Trustees and administration with the goal of ensuring a consistently high level of services across the region. Providing services in a building suitable for library purposes is important to continue this high level of satisfaction. The changes in the agreement are identified in the marked-up copy. The changes were made to eliminate confusion about responsibilities and make sure further levels of high service are supported by suitable facilities. The library agreement was reviewed by the City Attorney. Financial Impact None Attachments ■ Library Branch Agreement between GRRL and City of Elk River ■ Library Branch Agreement,markup copy POWERED 6T AR LIBRARY BRANCH AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of October, 2016, by and between the City of Elk River, 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 Elk River City Council, by written action, has established a branch library of the Great River Regional Library System in the City of Elk River. 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. 1. 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, reciprocdil borrowing, and cooperative reference service. In addition, the following specific services shall be provided: A. Determination and development of services to be provided with input from citizens of the communities. B. 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 Elk River location will be maintained. C. GRRL administrative staff determines hours of service with input from local residents. D. The GRRL staff is responsible for selection of library materials for all GRRL libraries. All materials purchased for any library are to be ordered through GRRL regardless of the source of funds. Local citizens are encouraged to make suggestions for collection development and GRRL staff will evaluate those recommendations utilizing the library's Collection Development Policy. Gift materials, monetary donations, and equipment will be accepted under the provisions of GRRL policies. E. 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 GRRL. F. GRRL will insure all building contents, including materials, which are owned by GRRL. Revised 6/21/2016 Page 1 G. 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. Services beyond established GRRL base-level services will be the responsibility of the CITY. H.Automation equipment, software and licenses required to perform assigned GRRL functions. GRRL maintains a centralized integrated library automation system and is a MnLINK participant. Computers are to be used for library purposes only. No hardware or software can be added to any GRRL computer without the authorization of library administration. I. All library Internet access will be provided through GRRL,to assure compliance with the state and federal regulations and funding requirements. GRRL will provide an Internet connection to operate the GRRL-sponsored integrated library system as well as public computing stations and public wireless services. 2. EQUIPMENT AND FURNISHINGS. In connection with the location of a branch library in the City of Elk River, the CITY will provide appropriate equipment and furnishings for the library as determined by GRRL policy. 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 for sale or other disposition. In the event that the equipment provided by the CITY becomes inadequate for the provision of library service,the CITY shall have ninety (90) days to provide acceptable equipment before this agreemmay ay be terminated. 3. LIBRARY FACILITY;Throughout the term of this agreement, the CITY will provide a facility to serve as the location of the GRRL branch library based on the standards as outlined in GRRL policy. All costs associated with operation and upkeep of 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 but not limited to raking, lawn mowing and timely snow removal. The facility needs to meet the following requirements: • Adequate air conditioning and heating. • Adequate space to meet its service, operation and storage needs. • Complies with local or state ADA parking requirements, whichever is greater. Revised 6/21/2016 Page 2 • Complies with federal, state and local restroom requirements. • Has an exterior book drop in a well-lit area. If it empties into the interior of the library, it must be contained in a fireproof room. • New buildings or remodels are done in consultation with an architect with library experience approved by GRRL. • Size and space requirements are met as established through a GRRL space needs analysis. • Pass GRRL safety audit standards and meet library insurance carrier requirements. • Complies with GRRL policies and includes GRRL'branding for building identification and internal signage. • Interior space is well maintained to GRRL standards including walls, paint, wiring and flooring. 4. ADDITIONAL CITY RESPONSIBILITIES. In connection with the operation of a branch in the City of Elk River, the CITY shall be responsible for the following: A. The host location must meet maintenance of effort requirements throughout the term of this agreement. Libraries must receive financial support sufficient to qualify for state and federal aid; B. Development and interpretation of policies,related to meeting room use (if applicable); C. Support of special programming such as discussion groups, lectures, art exhibits and children's programming; D. Support for provision of adequate funding for regional library service programs with local,state, and federal authority; E. Development of additional local funding (taxes, gifts, etc.) for supplementary materials and equipment; and F. 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. G. Libraries must abide by the policies established by the GRRL Board of Trustees. 5. 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 Revised 6/21/2016 Page 3 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. 6. 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 City of Elk River Library premises against loss or damage by fire, windstorm, or other casualties for such amounts as GRRL or the CITY may desire. 7. GIFTS AND ENDOWMENTS. After the execution of this agreement, all property, except library materials and equipment, 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 Elk River. All library materials and equipment so acquired by the CITY will be handled in accordance with the provisions of GRRL'policy. 8. 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. 9. TERMINATION OF AGREEMENT. This Agreement shall remain in full force and effect until terminated by either party at the end of any GRRL fiscal year, by providing written notice of resignation at least three (3) full calendar months prior to the end of such calendar year. If the City fails to fulfill its obligations under this Agreement in a proper and timely manner, or otherwise violates the terms of this Agreement, GRRL has the right to terminate this Agreement. The GRRL'Board of Trustees, at a regular meeting, by a two-thirds (2/3) vote of those present and voting (assuming a quorum), may terminate the membership of any library in violation of any requirements of this agreement, provided that notice of such meeting shall specifically state that such termination shall be one of the items of business to be considered at the meeting. If the agreement is terminated the City agrees to: a. Return all items borrowed from GRRL and from other Minnesota libraries through statewide resource sharing networks. b. Return all items borrowed from library customers as part of the regional reciprocal borrowing services or as part of Minnesota's Reciprocal Borrowing Compact. c. Allow GRRL staff and Internet service provider to remove all Revised 6/21/2016 Page 4 telecommunications equipment owned by GRRL but located on site. d. Return all materials, equipment or other items received from GRRL for which the ownership has not been transferred. Cities terminating the agreement cannot re-apply for services until a minimum of three years has passed from the date of termination. Termination does not relieve the party of any current obligations, including state library maintenance of effort requirements. Cities that terminate services can make no future claims against GRRL. 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 ofserved 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. Executive Director City Administrator Great River Regional Library City of Elk River 1300 W St. Germain Street 13065 Orono Parkway St. Cloud, MN 56301 Elk River, MN 55330 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. 14. MINNESOTA LAW. This agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. Revised 6/21/2016 Page 5 15. ASSIGNMENT. Neither party may assign its interest hereunder without the express written consent of the other party. IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written. CITY OF ELK RIVER Mayor John Dietz City Clerk Tina Allard GREAT RIVER REGIONAL LIBRARY Library Executive Director President,G'RRL Board of Trustees Secretary, GRRL Board of Trustees Revised 6/21/2016 Page 6 LIBRARY BRANCH AGREEMENT THIS AGREEMENT, made and entered into this day of , 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. 1. 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: A. Determination and development of services to be provided with input from citizens of the communities. B. 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. C. GRRL administrative staff determines hours of service with input from local residents. D. The GRRL staff is responsible for selection of library materials for all GRRL libraries. All materials purchased for any library are to be ordered through GRRL regardless of the source of funds. Local citizens are encouraged to make suggestions for collection development and GRRL staff will evaluate those recommendations utilizing the library's Collection Development Policy. Gift materials, monetary donations, and equipment will be accepted under the provisions of GRRL policies. D. elleetmen develepment—the !_DDI staff is respensible fer sele-tien of library materials feTall GRRL bra-nehes. All beeks, magazines, eassettes, films, 'dces-O-rQ C=ia-+ a� fer . branch are erdered e-r threa-gh headquarters regardless �Thrcse-"ate�r'r may be purchased roc^lariy on se ne instances. Leval eitize-ns are eneeurraged to nral(e Revised 6/21/2016 Page 1 7uggeS�TTJTeTCO CCTOI" develepmentfCQQqCfaT'C'CT' staff COTe w theiradv D-.E. 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 G R. L.the-regfe+�al—�+ba F. GRRL will insure all building contents, including materials, which are owned by GRRL. G. 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. Services beyond established GRRL base-level services will be the responsibility of the City. H. H. Automation equipment, software and licenses required to perform assigned_GRRL functions. GRRL maintains a centralized integrated library automation system and is a MnLINK participant. Computers are to be used for library purposes only. No hardware or software can be added to any GRRL computer without the authorization of library administration. I. All library Internet access will be provided through GRRL, to assure compliance with the state and federal regulations and funding requirements. GRRL will provide an Internet connection to operate the GRRL-sponsored integrated library system as well as public computing stations and public wireless services. 2. 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 as determined by GRRL policy. 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. 3. 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 based on the standards as outlined in GRRL policy. Revised 6/21/2016 Page 2 All costs associated with operation and upkeep of 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 but not limited to raking, lawn mowing and timely snow removal. The facility needs to meet the following requirements: • Adequate air conditioning and heating. • Adequate space to meet its service, operation and storage needs. • Complies with local or state ADA parking requirements, whichever is greater. • Complies with federal, state and local restroom requirements. • Has an exterior book drop in a well lit area. If it empties into the interior of the library, it must be contained in a fireproof room. • New buildings or remodels are done in consultation with an architect with library experience approved by GRRL. • Size and space requirements are met as established through a GRRL space needs analysis. • Pass GRRL safety audit standards and meet library insurance carrier requirements. • Complies with GRRL policies and includes GRRL branding for building identification and internal signage. • Interior space is well maintained to GRRL standards including walls, paint, wiring and flooring_ 4. ADDITIONAL CITY RESPONSIBILITIES. In connection with the operation of a branch in the City of , the CITY shall be responsible for the following: A. The host location must meet maintenance of effort requirements throughout the term of this agreement. Libraries must receive financial support sufficient to qualify for state and federal aid; A. Development and interpretation of policies related to meeting room use-(if applicable); B. C. B. Support of special programming such as discussion groups, lectures, art exhibits and children's programming; Revised 6/21/2016 Page 3 D. G. Support for provision of adequate funding for regional library service programs with local, state, and federal authority; E. D. Development of additional local funding (taxes, gifts, etc.) for supplementary materials and equipment; and F. E.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. G. Libraries must abide by the policies established by the GRRL Board of Trustees. 5. 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. 6. 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. 7. GIFTS AND ENDOWMENTS. After the execution of this agreement, all property, except library materials and equipment, 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 and equipment so acquired by the CITY will be handled in accordance with the provisions a Cline d On the deeu,.nent EXPLANATION OF GRRL GIFT MATERIAL POLICIES.-of GRRL policy. - 8. 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. 9. TERMINATION OF AGREEMENT. This Agreement shall remain in full force and effect until terminated by either party at the end of any GRRL fiscal year, by providing-written Revised 6/21/2016 Page 4 notice of resignation at least three (3) full calendar months prior to the end of such calendar year. If the City fails to fulfill its obligations under this Agreement in a proper and timely manner, or otherwise violates the terms of this Agreement, GRRL has the right to terminate this Agreement. The GRRL Board of Trustees, at a regular meeting, by a two-thirds (2/3) vote of those present and voting (assuming a quorum), may terminate the membership of any library in violation of any requirements of this agreement, provided that notice of such meeting shall specifically state that such termination shall be one of the items of business to be considered at the meeting. If the agreement is terminated the City agrees to: a. Return all items borrowed from GRRL and from other Minnesota libraries through statewide resource sharing networks. b. Return all items borrowed from library customers as part of the regional reciprocal borrowing services or as part of Minnesota's Reciprocal Borrowing Compact. c. Allow GRRL staff and Internet service provider to remove all telecommunications equipment owned by GRRL but located on site. d. Return all materials, equipment or other items received from GRRL for which the ownership has not been transferred. Cities terminating the agreement cannot re-apply for services until a minimum of three years has passed from the date of termination. Termination does not relieve the party of any current obligations, including state library maintenance of effort requirements. Cities that terminate services can make no future claims against GRRL. by 60 day written net+ce—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: Executive Director City Administrator Great River Regional Library City of 491300 W St. Germain Street St. Cloud, MN 56301 Revised 6/21/2016 Page 5 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. 14. MINNESOTA LAW. This agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. 15. ASSIGNMENT. Neither party may assign its interest hereunder without the express written consent of the other party. 16 ARBITRATION. At the mutual agreement of the parties Aany claiw, a ntr.�,vers y zo. , ar s ng eut ef er relating te this agreement er the breaeh thereef may will be settled by judgment en the award granted by the arbitrater may be entered on any Geurt having This shall net be eenstrued te prevent any party frem seeking legal reelFess te enferee the r f this agreement. IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written. CITY OF Revised 6/21/2016 Page 6 Mayor Library Direeter City Clerk GREAT RIVER REGIONAL LIBRARY Library Executive Director President, GRRL Board of Trustees Secretary, GRRL Board of Trustees Revised 6/21/2016 Page 7