4.3. SR 12-04-2017 Eclty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.3
Agenda Section Meeting Date Prepared by
Consent December 4, 2017 Cal Portner, City Administrator
Item Description Reviewed by
Library Hours Agreement
Reviewed by
Action Requested
Approve,by motion, an Additional Open Hours Agreement with Great River Regional Library.
Background/Discussion
Residents and elected officials have frequently requested the Elk River Branch of the Great River
Regional Library (GRRL) be open longer and at more consistent times.
After researching additional costs, discussion current programming, and direction from the Council to
draft an agreement, an agreement was approved by the GRRL Board at their last meeting.
The agreement will be in effect from January 1, 2018, through December 31, 2022, and the terms and
conditions shall be reviewed by both parties 90 days prior to expiration.
GRRL will control staffing for the branch as required and will provide budget estimates annually at their
preliminary budget meeting with the City Council. GRRL will invoice the city each January for that year's
additional staffing costs.
For 2018 through 2022, the library will be open for services at 10 a.m.,Monday through Saturday and
remain closed on Sundays.
Financial Impact
A thorough review of additional programming funding provided for by the city and facility maintenance
budgets planned for 2018 allowed for a redirection of planned funding with no significant changes to
current programs or capital improvements. For 2018, the additional hours will be provided for at the
same city programming funding level as 2017.
Attachments
■ Additional Open Hours Agreement
The Elk River Vision
A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By
service, and community engagement that encourages and inspires prosperity INAWRE1
AGREEMENT 2017-33
Additional Open Hours Agreement
THIS AGREEMENT, made and entered into this 4t"day of December, 2017, 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 commitment to expand open
hours beyond base level services provided by Great River Regional Library System in the City of Elk River
which includes approximate annual costs of$9,800 which covers additional weekly GRRL staffing of 1
hour Library Services Coordinator, 6 hours Library Assistant and 3 hours Library Aide.
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. ALTERNATIVE LIBRARY SERVICES.Throughout the term of this agreement GRRL agrees to
provide alternative library services in the form of additional open hours above and beyond those
set and paid for by GRRL.These services shall be an enhancement of regional library services
already provided to Elk River residents through the GRRL Elk River library.
This agreement does not include the additional funding provided by the City of Elk River for the
purposes of library programming.
2. ADDITIONAL CITY RESPONSIBILITIES. In connection with the operation of alternative services in
the City of Elk River,the CITY shall be responsible for the following:
a. The CITY recognizes providing library services could result in future state maintenance
of effort obligations;
b. The alternative library service must abide by the policies established by the GRRL Board
of Trustees.
3. FEES AND REIMBURSEMENTS. Charges for the additional open hours will be the responsibility of
the CITY.The CITY also agrees costs will be adjusted in accordance with GRRL staffing costs, not
to exceed 7.5%for wages and benefits,to be determined by GRRL annually in July.
4. TERMS AND CONDITIONS. GRRL will invoice the CITY annually in January for the upcoming year,
and the CITY will pay annually for this service.
5. INSURANCE. GRRL is responsible for its own liability and worker's compensation insurance
coverage.
6. EMPLOYEES. GRRL will employ such individuals as it deems appropriate to provide the necessary
library services associated with operating the alternative library service.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. GRRL reserves the right to
determine scheduling and staffing allocations for all of its libraries.
7. EFFECTIVE DATE AND TERMINATION DATE.This Agreement will be in full force and effect
during the term of this Agreement from January 1, 2018,through December 31, 2022.The terms
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8. and conditions of this Agreement will be reviewed by all parties 90 days prior to expiration
unless otherwise extended or terminated earlier by GRRL or the City of Elk River. 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.
If the agreement is terminated the CITY agrees that GRRL may reduce open hours to 2017
totals.
If the CITY terminates the agreement, it cannot re-apply for additional open hours until a
minimum of three years has passed from the date of termination.Termination does not relieve
the CITY of any current obligations to GRRL. Cities that terminate services can make no future
claims against GRRL.
9. 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 56330
10. 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.
11. 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.
12. 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.
13. MINNESOTA LAW.This agreement shall be construed and enforced in accordance with the laws
of the State of Minnesota.
14. ASSIGNMENT. Neither party may assign its interest hereunder without the express written
consent of the other party.
15. 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.
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16. 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 Clerk
GREAT RIVER REGIONAL LIBRARY
Library Executive Director
President, GRRL Board of Trustees
Secretary, GRRL Board of Trustees
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