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10.1. SR 03-06-2017 EOty1� ,.,�� Request for Action River To Item Number Mayor and City Council 10.1 Agenda Section Meeting Date Prepared by Work Session March 6, 2017 Cal Portner, City Administrator Item Description Reviewed by Great River Regional Library Master Agreement Reviewed by Action Requested Review and provide staff direction. Background/Discussion The Great River Regional Library (GRRL) board seeks to create a master agreement with all participating communities. At its January 3, 2017, meeting the council raised a number of questions about the agreement which forwarded to GRRL. Their response is attached. Financial Impact N/A Attachments ■ GRRL email response ■ January 3, 2017, staff report POWERED 6T Template Updoted 4/14 INAMIRE1 From: Karen Pundsack [mailto:karenp(agrrl.lib.mn.us] Sent: Friday, February 24, 2017 9:45 AM To: Portner, Cal Subject: Re: Branch Agreement Good morning, Cal. The GRRL Board's Executive Committee met Tuesday evening and discussed the City of Elk River's request to change language in the branch agreement revision. I will briefly outline responses to the issues the city council identified: 1) The language quoted is part of our existing branch agreement with Elk River and has not changed. We discussed this at the October 20, 2016 meeting where several Elk River representatives were present. The city's proposed language is beyond what would be expected in a typical tenant relationship. 2) Last fall, several other cities proposed this language in the branch agreement revision. GRRL has adapted the language based on these requests. 3) GRRL determines service levels on available operating dollars and usage statistics, such as borrower numbers. The Tiers reflect our current service levels. Elk River's usage levels are in line with cities like Buffalo, St. Michael, and Monticello, all Tier 3 libraries. The only library in Tier 4 is St. Cloud, which serves three times the number of borrowers as Elk River. The GRRL Board decided the current contract language sufficiently covers the areas addressed. They voted not to revise the contract again. Their goal is to have one standardized contract with all cities. Several cities have already passed and signed the November revision. Also, the Elk River Star News contacted me yesterday about a resolution the City of Elk River passed regarding additional open hours. Since I have not had communication directly from the city on the resolution, I let them know I could not speak to the specifics. I did give them background on our Library Assessment Plan, branch agreement revisions, and how GRRL determines library service levels for each library. If you would like to discuss the resolution or have the GRRL Board consider a request, please let me know. Our next regular meeting is Tuesday, March 21 with a document deadline of March 9th. If you or anyone at the city has questions or would like to discuss further, feel free to contact me by phone or email. Thanks, Karen Pundsack Executive Director Great River Regional Library (320)650-2512 Teamwork is the ability to work together toward a common vision. The ability to direct individual accomplishments toward organizational objectives. It is the fuel that allows common people to attain uncommon results. -Andrew Carnegie From: "Cal Portner" <CPortner(cbElkRiverMN.gov> To: "Karen Pundsack" <karen p(&grrl.lib.mn.us> Sent: Tuesday, January 24, 2017 2:20:09 PM Subject: Branch Agreement Hi Karen, The Elk River City Council discussed the proposed GRRI_.Branch agreement at their meeting on January 3, 2016. A couple of items the Council would like addressed before approving include the following: 1) Item #3 (pg. 2),paragraph 2 "The CITY,its employees and agents,will be allowed to access the said building in order to provide janitorial services and maintain the building." The council wants this reworded as the city owns the building and its employees and agents will access the building at their sole discretion. 2) Item #9, (pg 4),paragraph 4, "Upon termination... "...Cities that terminate services can make no future claims against GRRL." The Council desires to not give up claim rights upon termination as it may be in the city's best interests to terminate the agreement and pursue reconciliation for any possible claims. 3) Addendum (pg. 8) Criteria for Scale of Services Delivered—The Council feels the Tiers of Service are unfairly balanced and should be more fairly balanced due to the large discretion between Tiers 3&4. Please discuss this with your board and attorney. We understand the board's intent to have all agreements approved by June 30, 2017. Sincerely, --cal Calvin P. Portner, ICMA-CM City Administrator 763.635.1001 13065 Orono Parkway I Elk River I MN 155330 City of Elk — River Request for Action To Item Number Mayor and City Council 9.3 Agenda Section Meeting Date Prepared by Work SessionJanuary 3, 2016 Cal Portner, City Administrator Item Description Reviewed by Great River Regional Library Branch Agreement Reviewed by Action Requested Discuss, provide staff direction. Background/Discussion The City of Elk River currently has a joint powers agreement with the Great River Regional Library Board (GRRL) for the provision of library materials and services. The GRRL Board of Trustees manages agreements with 32 libraries in six counties in central Minnesota. GRRL is one of 12 regional public library systems designated by the Minnesota Department of Education. GRRL desires to create one master joint powers agreement for all cities within their system replacing numerous agreements with differing language. Following the first draft of the master agreement, 17 communities expressed concerns and met with GRRL Executive Director Karen Pundsack and GRRL staff on October 20, 2016. Information from that meeting was shared with the GRRL Board for consideration in the master agreement. Within the partnership, cities are required to provide adequate facilities and equipment for the library to operate. Elk River's library is not a cause for concern. Further, the Elk River City Council provides for additional budgeted funds well beyond the contributions of other cities within the region for local programming. The GRRL Board has asked cities to review and approve the master agreement prior to June 30, 2017. Financial Impact N/A Attachments Cover Letter from Karen Pundsack, GRRL Executive Director Proposed Master Agreement 2004 Agreement P a w E A E U s r NaA f RE] 4 GREAT RIVER REGIO LIBRARY in Benton, Morrison, Sherburne, Stearns, Todd, & Wright Counties November 22, 2016 City Administrator Calvin Portner City of Elk River 13065 Orono Parkway Elk River, MN 55330 Dear Calvin, NOV 2 3 M In response to the new Library Branch Agreement we sent in July, several cities requested edits prior to their city approving the agreement. We met with 17 city representatives on October 20 and discussed the suggested revisions. We appreciate the feedback received from all city representatives who reached out to us. On November 15th, the GRRL Board of Trustees approved the revised language and the addition of exhibits to include an asset list and the GRRL policies which the agreement references. They also extended the deadline for cities to approve the new agreement to June 30, 2017. Our staff will work with your city in early 2017 to compile asset listings to show which furniture, fixtures and equipment are city owned. The recent revisions clarify areas that have caused confusion with our cities in the past. This Library Branch Agreement ensures all of our cities are being held to the same standards for the facilities they provide. It also more clearly defines GRRL responsibilities. Enclosed is the agreement for your signature. If your city is unable to approve it before the June 30th deadline, an extension request needs to be submitted to the GRRL Board of Trustees for consideration. If you would like to discuss this revised agreement or would like us to present the information to your city council, please contact Administrative Assistant Patricia Waletzko to schedule time with me. Patricia can be reached at patriciaw@grrl.lib.mn.us or (320)650-2545. Sincerely, 1:71 Y A t x Karen PPundsack Executive Director 1300 W. St. Germain Street • St. Cloud, MN 56301 • 320-650-2500 • www.griver.org DRAFT AGREEMENT Library Branch Agreement THIS AGREEMENT, made and entered into this day of , 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. 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 Elk River location will be maintained. C. GRRL administrative staff determines hours of service with input from local residents. GRRL will provide staffing for a minimum of 20 open hours per week or the minimum number of hours necessary to qualify for Regional Library Telecommunication Aid. 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. 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 as defined in GRRL policy outlined in Exhibit B will be the responsibility of the CITY. Revised 11.2016 Page 1 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. 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 of Elk River will provide appropriate equipment and furnishings for the library as determined by GRRL and CITY. City -owned equipment is outlined in Exhibit A. 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 Elk River for sale or other disposition. In the event that the equipment provided by the City of Elk River becomes inadequate for the provision of library service, the CITY shall have one (1) year or a time frame established through mutual agreement of both the CITY and GRRL to provide an acceptable plan for replacement of equipment before this agreement may be terminated. LIBRARY FACILITY. Throughout the term of this agreement, the City of Elk River will provide a facility to serve as the location of the GRRL branch library based on the standards as outlined in GRRL policy in Exhibit B. 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 the book drop empties into the interior of the library, it must meet state fire code regulations. New buildings or facility remodels of the library will be done with mutual agreement of both GRRL and the CITY. Meet uniform building code, pass GRRL safety audit standards and meet library insurance carrier requirements. Complies with GRRL policies as outlined in Exhibit B and includes GRRL branding for building identification and internal signage. Interior space is well maintained to reasonable standards and presents a modern, fresh and clean appearance including walls, paint, wiring and flooring. Revised 11.2016 Page 2 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 state 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 by providing space for discussion groups, lectures, art exhibits and children's programming, etc.; 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 equipment and facilities; 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 at 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 owned by CITY. 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, by providing written notice of resignation at least three (3) full calendar months prior to the end of the calendar year. If a party fails to fulfill its obligations under this Agreement in a proper and timely manner, or otherwise violates the terms of this Agreement, the other party has the right to terminate this Agreement. Revised 11.2016 Page 3 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 operations 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. Allow GRRL staff and Internet service provider to remove all telecommunications equipment owned by GRRL but located on site. B. Return all materials, equipment or other items received from GRRL for which the ownership has not been transferred whether owned by GRRL or by other persons or facilities. Cities terminating the agreement cannot re -apply for services until a minimum of three years has passed from the date of termination. Upon termination of this Agreement by GRRL, CITY shall be relieved of any further obligations to GRRL. Termination does not relieve the CITY of any current obligations to GRRL. 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 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 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 11.2016 Page 4 15. ASSIGNMENT. Neither party may assign its interest hereunder without the express written consent of the other party. 16. INDEMNIFICATION. GRRL and the CITY mutually agree to defend, indemnify and hold each other, its officials, officers, employees and agents harmless from any claims, demands, actions or causes of action, (including reasonable attorney's fees and expenses), arising out of any act or omission arising from their own negligent acts, its subcontractors, agents or employees in the performance of, or with relation to, any of the work or services to be performed or furnished by GRRL or the CITY under this Agreement. 17. MEDIATION. By 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 mediation. This shall not be construed to prevent any party from 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 ELK RIVER Mayor City Administrator GREAT RIVER REGIONAL LIBRARY Library Executive Director President, GRRL Board of Trustees Secretary, GRRL Board of Trustees Revised 11.2016 Page 5 ExWbil A -- City -Owned Equipment Listing of city -owned assets — chairs, desks, phones, etc. Revised 11.2016 Page 6 Exhibit B - Related GRRL Policies GRRL Library Development Policy Ill. Minimum Level of Service The following minimum level of service is defined as the basic GRRL library services delivered at every library throughout the region. The total amount of services delivered will be dependent on facility space, population size of community and surrounding area, proximity to other libraries, active registered borrowers, and patron demand. Collection Shared and Floating - The collection is shared and floats freely among all GRRL libraries. Broad audience - Materials are purchased in a variety of formats representing a wide variety of views and tastes. Community driven - Patrons may suggest specific titles for purchase. Whenever possible, Interlibrary Loan will be offered for items GRRL does not purchase. Delivery - Delivery of requested material is provided on a regular basis. Collection maintenance - Library materials are systematically evaluated to facilitate the repair or withdrawal of damaged, unused or obsolete materials from the collection. Technology Wireless - Public wireless Internet is available for web browsing from most devices. Internet station - Computer workstations with software are provided for public use. Public Access Catalog - Computer workstations are restricted to library catalog use and accessing library provided databases or services. Copying - Copiers are available for patrons to use for a fee per page. Printing from public computers - Patrons may print from GRRL computer workstations for a fee per page. Locally Delivered Public Services Information services - Reference, reader's advisory and technology assistance provided in- person or over the phone. Circulation services - Registration of library cards, check-out and check-in of library materials. Automated telephone or email notification for requested materials. Programming services - Programs for all ages. pre -k, school age, teen, and adult with a minimum of 25 programs annually. A minimum of one outreach event per library community annually. Regionally Delivered Public Services Web -based Online catalog - The library catalog is maintained to reflect library holdings and facilitate convenient 24/7 access to library materials. Digital Library — e -books and a -audio materials are available through the library's website. Revised 11.2016 Page 7 Virtual reference — Email reference available during library open hours. Chat reference available 24/7 through statewide AskMN consortium. Subscription Databases - Patrons have access to databases on various topics that are subscribed to by GRRL or Electronic Library of Minnesota (ELM). n -library Book -a -Libra ria n - Personalized face-to-face sessions with a librarian by scheduled appointment. Programming o Arts & Cultural Heritage Programs (grant dependent) o Summer Reading Program o Winter Reading Program Marketing and publicizing programs and services. Criteria for Scale of Services Delivered The number of public and staff computer stations will be dependent on facility size and wiring capacity. Additionally, total Internet usage, borrowers, and open hours will be used to determine the number of stations assigned to a library. A minimum of one public access catalog, two public Internet station and two staff computer work stations will be provided in each library. The amount of programs, marketing and publicity will be dependent on the number of borrowers served at each library and grouped by Tier. Tier Open Hours Borrowers 1 20-23 400-1,300 2 24-40 1,300-4,000 3 41-49 4,000-20,000 4 50 or more 20,000 or more Approved Date; 7/19/2016 GRRL library Development Policy V. New Libraries Minimum Annual Program Levels 25 30 40 200 Library buildings are the responsibility of the municipality to operate and maintain. They may be owned or leased. Funding other than municipal tax receipts may be used to provide for those responsibilities, but those costs must be guaranteed by city council resolution and city levy authority. All requirements under Minnesota Statute 134.34 must be met. A. New Libraries - Building Requirements* 1. The city wishing to add a new GRRL library location needs to meet all GRRL specifications for community size, facility space and distance from other GRRL libraries as outlined in GRRL policy and the GRRL Branch Agreement or other requirements set by the GRRL Board of Trustees. Revised 11.2016 Page 8 2. Site: the library site shall provide maximum convenient access to the greatest number of people in the community during the normal course of their daily activities by being located near the center of highest density of daily activity and near high use facilities such as a post office, retail stores, educational facilities, or in close proximity to government centers or community centers. 3. The municipality will provide adequate, safe, convenient and well -lighted parking areas for library users and staff. Parking needs are based on population served. Convenient on and off street parking shall be made available for library customers. The minimum number of parking spaces may be determined by municipal zoning ordinances. Handicapped parking requirements of the Americans With Disabilities Act must be met. 4. Minnesota provides no absolute numerical standards for public library size. However, a large community population indicates a need for greater amounts of public service space to provide for necessary collections and other services. Communities serving larger populations require libraries with more floor space not only for larger collections, but also for additional seating, larger program space and greater numbers of computers to access library information resources. 5. The library must be of adequate size to meet and implement the full range of library services that are consistent with GRRL's long range plan and the standards within this document. 6. The library will have adequate space for adult, child, and family use, with all materials easily accessible for library users of all ages. Furniture provided by the municipality must also include design elements appropriate for children and patrons with disabilities. Furnishings and shelving purchased by the city must be approved by GRRL. Furnishings and shelving will remain as property of the city that will bear the responsibility of maintaining the facility and furnishings as outlined in the branch agreement. All purchased equipment will become the property of GRRL and must be approved by GRRL who will bear the responsibility of maintaining library operations as outlined in the GRRL Branch Agreement. 7. The library building and furnishings must meet state and federal requirements for physical accessibility, including the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG). 8. In compliance with ADAAG, library signage must include directional signs and instructions for the use of the collection, the catalog, and other library services in print, Braille, alternate formats and languages other than English, as appropriate. 9. The library facility will support the implementation of current and future technologies. Installation and repair of code compliant wiring within the facility is a municipal responsibility. 10. The library entrance will be clearly visible and located on the side of the building that most users approach. 11. Interior lighting levels must comply with standards issued by the Illuminating Engineering Society of North America. 12. The library facility provides for the return of library materials when the library is closed. After- hours book deposits must be easily accessible to staff and secure and protect library materials from weather elements. It is highly recommended that after-hours book deposits store materials inside the facility. They must also be easily accessible to people with disabilities. 13. The municipality will provide appropriate floor covering throughout the building (carpeting or other sound absorbing materials). 14. The building will include appropriate ceiling treatments throughout (sound absorbing materials). 15. The building will include appropriate space for heating and cooling equipment, stairways, janitorial, entryway, and other spaces determined by community needs, service program and architectural design. 16. Because of additional staffing costs associated with multi-level buildings, all new libraries shall be constructed on one level of public service space. The space should be as open and as flexible as possible. Revised 11.2016 Page 9 17. The building will include adequate heating and air conditioning. 18. The building will include adequate electrical service, conduits and outlets necessary to meet GRRL's needs. 19. Library space must be utilized only as a library and not as a community meeting room, city hall or any other purpose. Multi -use facilities are acceptable only if the library area has its own designated space and is physically separated from other areas of the building with walls and doors that can be locked and secured by library staff. 20. Library shelving must be standard metal or wood shelving in 3' sections in a variety of heights to accommodate children's, reference, audio-visual and other collections. All standard shelving units will be furnished with adjustable shelves. 21. The building must include convenient delivery access: the delivery access must be accessible for deliveries of library materials from headquarters. 22. The building must include an adequate private work area for staff off -desk tasks and breaks. B. New Libraries -Access Requirements* 1. Library signage must be provided on main community thoroughfares as well as on the building. Communities must also provide signage on the facility that includes the GRRL logo. 2. The standard range of library services must be available during every open hour. 3. Library hours must include a mixture of morning, afternoon, evening and weekend hours to provide as much accessibility as possible for library users. 4. GRRL determines open hours schedules. Library open -hour schedules are arrived at by methods that may include a survey of the community, as well as an evaluation of library flours of adjacent library facilities to insure as much access for the public as possible. 5. Libraries must be open a minimum of 20 hours per week, or the minimum number of hours necessary to qualify for Regional Library Telecommunication Aid. These requirements are based on the Wisconsin Public Library Space Needs Standards document. They are also referenced in Minnesota State Library's Accessibility and Construction Grant guidelines. C. New Libraries - Other General Requirements Service Area Library buildings and their primary area of service must be within the following Minnesota counties: Benton, Morrison, Sherburne, Stearns, Todd, and Wright. The population served must be at least 5,000 based on the community and adjacent townships surrounding the community. The most recent population statistics from the Office of the State Demographer will be used to determine compliance with this requirement. Start-up Costs Start-up costs for new library facilities are the responsibility of the host city to be provided through local funds. These costs include but are not limited to: Library equipment and furnishings — funding for staff and public computers, network equipment, copier, telephone, Express Checkout machine. Equipment must meet minimum GRRL standards as outlined in policy to ensure compatibility with existing systems. Basic library equipment and operations costs Revised 11.2016 Page 10 required: circulation terminals, public access catalogs, public computer stations, cabling, printers, a copier, book carts and network equipment. Additionally, the costs for software license fees, printing, maintenance contracts, telecommunications (usually provided by RLTA), and miscellaneous equipment need to be covered. Considerations for space, wiring and equipment costs for self checkout stations are strongly recommended for libraries with projected circulation figures over 12,000 items per month. Projected costs will be calculated as part of a new library proposal and will be based on GRRL libraries of similar size and population service area. Opening Day Collection — Funding for a physical collection of a size adequate to meet the size of the community. Library materials equivalent to 70 percent of capacity based on libraries of comparable size in GRRL. The opening day collection will consist of 25 percent re -distributed older materials from existing GRRL collection and 75 percent newly purchased materials. Projected costs will be calculated as part of a new library proposal and will be based on current GRRL models of collection size and format. Any other items needed to open the library and meet GRRL specifications as determined by library administration and the GRRL Board. Approved Date: 01/08/08 GRRL Library Development Policy VII. Responsibilities of the Local City Council for Library Operation 1. Provision and maintenance of a building, furniture for staff and public areas, shelving and other building equipment (including but not limited to circulation desk). 2. Provision and maintenance of heat, air conditioning, light, water and other utilities with the exception of telephone service. All code compliant wiring is to be provided by the building owner or the municipality. 3. Janitorial (cleaning) and trash removal services on at least a weekly basis. Larger facilities need more frequent janitorial services. 4. Maintenance and repair of the building and grounds including raking, lawn mowing and snow removal in a timely manner. 5. Cities must provide insurance on the building (if city owned) and city owned contents. The city must also provide liability insurance coverage. 6. Development and interpretation of policies relating to meeting room use (if applicable). 7. Development of a Rules of Behavior Policy enforceable by local law enforcement. Approved Date: 01/08/08 GRRL Library Development Policy VIII. Responsibilities of Great River Regional Library 1. Determination, development, and provision of programs and services to be provided with input from local residents of individual communities. 2. Development and carrying out of all library policies. GRRL maintains uniform service policies for all libraries. To minimize confusion no individual service policies for particular locations will be maintained. Revised 11.2016 Page 11 3. GRRL administrative staff determines hours of service with input from local residents. 4. Collection development: 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 or monetary donations will be accepted under the provisions of GRRL's Collection Development Policy. Collection maintenance including future purchases and de - acquisitions (weeding) 5. Personnel administration: GRRL is responsible for the selection, training and employment of all personnel. The GRRL Board is responsible for maintaining a region -wide compensation schedule and personnel policy applicable to GRRL employees. All decisions relating to staffing levels, promotion, demotion, hiring or terminations are the responsibility of the regional library. 6. GRRL will insure all GRRL owned materials and equipment. 7. Miscellaneous services: GRRL provides basic telephone service (except building wiring), networking, Internet connections and technology services, programming, delivery service, purchase of essential operating supplies and all other responsibilities not directly associated with the provision and maintenance of library buildings. Maintenance of GRRL-provided equipment. 8. GRRL will provide automation equipment, software and licenses required to perform assigned GRRL functions. 9. Computers — GRRL computers are to be used for library purposes only. No software can be added to any GRRL computer without the authorization of the Associate Director - Information Technology. Approved Date: 01/08/08 GRRL Library Development Policy IX. Renovated, Re -located or Expanded Libraries Local governments must work closely with GRRL when planning for renovation, expansion or relocating libraries. GRRL administration and/or the GRRL Board must approve all renovation and relocation projects. The GRRL board shall determine whether GRRL staff and materials will or will not be located in any building provided by the city. The GRRL board may choose not to provide service in a renovated or relocated building if it does not meet the needs of the region. Relocated libraries must meet the criteria established in this document under V. New Libraries, sections A, B and C. When existing libraries are renovated or expanded, significantly increased usage is likely. Anticipating and planning for increased staffing levels at these locations will require ongoing conversation with city planners. GRRL's budget cycle requires that a budget for the following calendar year be set in July of the preceding year. Budget planning for additional staff must be completed as part of the GRRL budget process well in advance of any library's expansion, relocation or renovation. Approved Date: 01/08/08 Revised 11.2016 Page 12 GRRL Library Development Policy X. Contracts and Final Agreements Using the criteria listed above, the following additional steps are required for the establishment of new libraries. The GRRL board has the final authority to approve the relocation or establishment of any new library. New Library Consideration Process 1. City makes an official request by resolution for addition of a new branch location to the GRRL Board. Upon GRRL Board approval, GRRL management provides the City and the GRRL Board with a full analysis of the requirements needed for new branch service, including start-up and ongoing operational costs. 3. Any city given authority by the GRRL Board to establish a new library shall pass a resolution committing the funding needed to meet the expenses listed in GRRL policies V. New Libraries and Vl. Responsibilities of the Local City Council for Branch Operation from city revenues. Other funding sources may be used to meet these costs, but they must be backed by city resources under city levy authority. The city presents its proposal to the GRRL Finance Committee for consideration and recommendation to the full GRRL Board of Trustees. 4. The GRRL Board considers the proposal. Any new branch service ongoing operational costs are incorporated into future GRRL budgets. 5. A signed contract must be in place prior to the establishment of a new library outlining responsibilities of GRRL and the city. Approved Date: 01/08/08 Revised Date: 07/19/16 GRRL Service & Administration Policy Chapter 3C.1 Branch Facility Non -Compliance Process The following steps will be followed if a GRRL facility is in need of updates or out of compliance with GRRL standards: 1. GRRL management and local staff will notify city officials of facility branch agreement non- compliance issues, such as maintenance needs, wiring requirements, or safety concerns. 2. GRRL management and local staff will work with city officials to develop an action plan to address identified issues. 3. All notifications and actions will be included in management and building reports to the GRRL Board of Trustees. 4. If unsatisfactory response from the city, management will share concerns with the GRRL Board and request approval of next steps for action. These steps will include: o An identified timeline for improvements based on safety, security and/or other issues. o Presentation of the city's response to management concerns (if any). o Proposed level/s of response if GRRL needs/expectations are not met. Revised 11.2016 Page 13 If issues remain unresolved for an unsatisfactory amount of time, GRRL Board may vote to suspend services as outlined in the GRRL Branch Agreement. Approved Date: 7/19/2016 GRRL Public Relations Policy Chapter 2C. Equipment Donation GRRL generally does not accept donated equipment. In the event that an exception is made and the equipment is accepted, the donation must enhance the mission of GRRL. GRRL reserves the right to decline any equipment donation for any reason. This equipment will be considered the property and full responsibility of GRRL. The Associate Director - Information Technology (IT) will determine the suitability of donated equipment that is operated or maintained by IT. The Associate Director - IT and/or the Library Executive Director must approve equipment donations and monetary donations designated for a particular technology purpose in writing prior to the acceptance. Failure to obtain prior written approval may result in removal of the equipment and/or disciplinary action for staff. Equipment donations need to follow standard donation procedures. Equipment that is donated may be reallocated or disposed at the discretion of the Associate Director - IT. Approved Date: 3/26/2006 Effective Date: March 2006 Revised Date: 5/11/2010, 03/15/2011, 03/20/2012 Revised 11.2016 Page 14 Exhibit C - FadHly Map Map of facility space provided by the lease. Revised 11.2016 Page 15 LIBRARY BRANCH AGREEMENT THIS AGREEMENT, made and entered into this day of 2004, 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. 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 contusion 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. Collection development — the GRRL staff is responsible for selection of library materials for all GRRL 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. 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 the regional library. F. GRRL will insure all building contents, including materials, which are owned by GRRL- G, RRL 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. H. Automation equipment, software and licenses required to perform assigned GRRL functions. 2. EQUIPMENT AND FURNISHINGS. In connection with the location of a branch library in the City of Elk River the City of Elk River 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 Ik Riy for sale or other disposition. In the event that the equipment provided by the City of Elk River 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 E k R'ver 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. r' 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. [Development and interpretation of policies related to meeting room use (if applicable); B. Support of special programming such as discussion groups, lectures, art exhibits and children's programming; C. Support for provision of adequate funding for regional library service programs with local, state, and federal authority; D. Development of additional local funding (taxes, gifts, etc.) for supplementary materials and equipment, and 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. 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 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, 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 so acquired by the CITY will be handled in accordance with the 3 provisions outlined in the document EXPLANATION OF GRRL GIFT MATERIAL POLICIES. 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 manual. 9. 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 55301 City Administrator City of Elk River 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. CI 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, 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 from 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 ELK RIVER L Mayo City Clerk/Administrator GREAT RIVER REGIONAL LIBRARY President, Board of Trustees Library Director Date Secretary, Board of Trustees Date on