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HomeMy WebLinkAboutContract 1962 AGREEMENT TO PROVIDE PUBLIC LIBRARY SERVICES THIS AGREEMENT, made this 11th day of December, 2006, by and between the City of Columbia Heights, Minnesota, hereinafter referred to as the "City Library," and the Anoka County Library, Blaine, Minnesota, hereinafter referred to as the "County Library," shall be effective January 1, 2007 until canceled by either party as provided herein. WITNESSETH: In consideration of the mutual covenants expressed herein, the parties hereto agree as follows: I. STATEMENT OF PURPOSE The purpose of this agreement is to provide the citizens of the Anoka County Library District and the City of Columbia Heights with access to general public library services and materials available from the libraries operated by the parties to this agreement. II. RECIPROCAL SERVICES A.. Services to individuals: 1. Resident cardholders of each Library taxing district shall be entitled to use the Public Library services and the materials available at each of the libraries operated by the parties to this agreement under the policies and regulations set by the Library Boards and subsequently incorporated into the Integrated Library System (ILS). 2. Fees or charges for materials or equipment borrowed by an individual will be the responsibility of the card holder. B. Services between Libraries: 1. Interlibrary Loan: The parties agree to loan to one another books and other library materials owned by their respective libraries without regard to format. Items available for loan shall be determined in accordance with the standard library practice as outlined in the circulation policies adopted for the Integrated Library System (ILS), the policies of Metropolitan Library Service Agency (MELSA), MINITEX, MnLlNK, and the ALA Interlibrary Loan Code. 2. Reference Service: The parties agree to make reference services available to the residents of both library districts. The County Library agrees to provide "back-up" reference service to the City Library when requested. Reference service is defined as the location and provision of specific information or information sources by the library staff. 3. Delivery Service: The County Library shall provide for the pickup and delivery of library materials at least three times weekly to the City Library. Additional deliveries may be scheduled upon mutual agreement by both parties. III. METROPOLITAN LIBRARY SERVICE AGENCY (MELSA) A. MELSA - The City Library agrees to maintain an Associate Member status in MELSA as defined by the MELSA documents and to meet the minimum standards published by MELSA for Associate Membership. The County Library agrees to provide necessary information to the City Library for the maintenance of Associate Status. B. This agreement, the MELSA Contract of Association and the annual certification of financial effort constitute authority for participation by the City Library in MELSA as a fully participating (Level II) Associate Member. Such membership continues as long as a mutually satisfactory agreement is in force and meets the requirements of the MELSA "Plan of Association" dated October 29, 1975, as currently revised. The City Library will abide by the same regulations as other MELSA participants. C. The County Library shall provide to the City Library copies of MELSA Trustee and Advisory Board minutes and other relevant publications on a prompt schedule. D. Should the City Library elect to participate in MELSA projects in which charges accrue, it shall assume responsibility for its own charges. E. The City of Columbia Heights hereby expresses its intent to provide its library with operating expenditures that will match the per capita income or mill rate of the County Library as provided by the MELSA Contract of Association and MELSA regulations. IV. BILLING PROCEDURES Periodically, at scheduled intervals and at rates agreed to between the parties, the County Library shall bill the City Library for services provided. Said billings shall be paid by the City Library within 30 days after submission. V. MISCELLANEOUS GENERAL PROVISIONS A. During the period of this agreement, the chief administrative officers of the libraries shall review and exchange information concerning the use of services provided under this and any other agreements in force between the parties. B. Additional services or cooperative practices may be included in this agreement without renegotiating the whole contract. Changes or additional shall be made on written addendum approved by both parties. C. Upon written request of either party, the Chair of each Library Board shall meet within 15 days to discuss and resolve issues that may arise in the operation of this agreement. D. It is understood and agreed that this agreement, together with the MELSA Contract of Associations and the Agreement for Integrated Library System Services, constitutes the agreements in force between the parties and that this agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter of this agreement, as well as any previous contract presently in effect between the parties hereto relating to the subject matter hereof. Any alterations, variations, modifications, or waivers of the provisions of this agreement shall be valid only when they have been reduced to writing approved by the Anoka County Library Board and the Columbia Heights City Council and Library Board and duly signed by the responsible parties. E. This agreement shall remain in effect unless cancelled by either party upon one year's written notice, with or without cause. If terminated, payment will be made for services provided through the effective date of the cancellation. F. The relationship of the libraries to each other is that of independent contractors. Nothing in this agreement shall be construed so as to deem any employee or agent of the County Library or the City Library an employee of the other for any purpose. G. Neither party to this agreement shall assign the contract, nor any interest arising hereunder, without the written consent of the other. H. The City Library agrees to save harmless and indemnify the County Library, its board members, officers, employees and agents against any and all claims, damages, losses or suits for damages or losses, related to, arising from, or allegedly arising from, any act or omission by the City Library, its employees, or agents, providing services hereunder. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized officers, on the day and date first above written. e aniels, Chair oka County Library Board Gary Peterson, ayor City of Columbia Heights ATTEST: Dated: Ie). / I ~ / IJI:> APPROVED AS TO FORM: "\ ~ C~~=~::""-b,~--- ~ \ Dan Klint Assistant Anoka County Attorney 7/11/06 bad Dated: 12-- Ll..-Ot...:. ATTEST: ---; c J -",6L~lWd -i - - _ lLl LI)/ Barbara E. Miller, Chair Colu~~ghts Pub)lc-'ri~;5!W Board ~