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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:
- 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. 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.
- 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.
- 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.
- 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. Services beyond established GRRL base-level services as defined in GRRL policy outlined in Exhibit B will be the responsibility of the CITY.
- 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 ______________, the City of _____________ 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 _______________ 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 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.
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 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.
4. ADDITIONAL CITY RESPONSIBILITIES. In connection with the operation of a branch in the City of ________________, the CITY shall be responsible for the following:
- 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;
- Development and interpretation of policies related to meeting room use (if applicable);
- Support of special programming by providing space for discussion groups, lectures, art exhibits and children’s programming, etc.;
- 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 equipment and facilities; 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.
- 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 _____________. 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.
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:
- Allow GRRL staff and Internet service provider to remove all telecommunications equipment owned by GRRL but located on site.
- 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 ___________________
1300 W St. Germain Street
St. Cloud, MN 56301
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. 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 _______________________
_______________________________
Mayor
_______________________________
City Administrator or City Clerk
GREAT RIVER REGIONAL LIBRARY
__________________________
Library Executive Director
_______________________________
President, GRRL Board of Trustees
_______________________________
Secretary, GRRL Board of Trustees
Revised 11.2016
To view Exhibits, please download a PDF of this agreement