Between the City of St. Paul, Nebraska, and St. Paul School District #1
THIS AGREEMENT, made this 7th day of October, 1996, by and between the City of St. Paul, hereinafter referred to as City, and the St. Paul School District # 1, hereinafter referred to as School.
1. Neb. Rev. Stat, SS 13-801 [1991] authorize any two or more public agencies, which include any county, city, village or other municipal corporation or political subdivision of the State of Nebraska, to enter into Interlocal agreements with one another for joint or cooperative action of any powers as such Interlocal agreement shall specify. The purpose of this agreement is to establish a joint contract between the School and the City for the operation of a Community Library.
2. The parties understand that a building to house a Community Library will be constructed by the St. Paul Library Foundation, and the parties understand that this building and property will become City property once the building is completed.
3. Personal property in the Library shall be jointly owned by the City and the School.
4. The parties agree that under this contract the School will pay for fifty percent of the operation and maintenance of the Community Library, less salaries, and the City will pay for fifty percent of the operation and maintenance of the Library, less salaries. The School shall pay its share to the City monthly, after presentation to the School by the City of the appropriate documentation of the bill and proper credit is given to the School for any costs it has paid following the terms of this paragraph. For purposes of this Agreement, an employee of either party shall always be considered the employee of that party, and it is understood that the party employing that person shall be responsible for payroll taxes, health insurance, FICA, retirement, or other benefits such as workers’ compensation.
5.
a. The Library shall be governed by a Library Board. Six members shall be appointed to the Board, which members shall be citizens of the City and the School District broadly representative of the population of the parties. Three members of the Board shall be appointed by the governing body of the City, and three members of the Board shall be appointed by the School Board. One member shall be appointed for a one-year term by the City, and one member shall be appointed for a one-year term by the School Board. One member shall be appointed for a two-year term by the City, and one member shall be appointed for a two-year term by the School Board. One member shall be appointed for a three-year term by the City, and one member shall be appointed for a three-year term bythe School Board. At the expiration of the initial term, the members shall then be appointed by the City and the School for a three-year term.
b. The duties of the Library Board shall be as follows:
i. Annually evaluate the Library Director and present the evaluation to the City and School.
ii. Adopt by-laws for the conduct of their business and adopt policies for the selection of public library materials, the governance of the Library, and the use of public library services and materials.
iii. Prepare and submit an annual budget request to the parties of this Agreement.
iv. Adopt a formal annual budget within these funds appropriated to it by the governing bodies of the City and the School.
v. Meet at least quarterly.
vi. Prepare and submit an annual report to the respective parties of this Agreement.
c. The powers of the Library Board shall be as follows:
i. After consultation with the School and the City, select the Library Director who shall serve at the pleasure of the Library Board.
ii. Accept any gift, grant, devise, or bequest made or offered by any person, private agency, agency of the state government, the federal government or any of its agencies, for Library purposes or designate where such donations shall be accepted. Each donation shall be administered in accordance with its terms.
iii. Establish a special public library gift fund or designate the foundation where such fund shall be established. The monies in such fund shall be derived from all or any part of any gift, bequest, or devise, including the interest thereon. Such gift fund shall be a separate and continuing fund and no monies in such fund shall revert to the general fund of either party to this agreement.
iv. Establish a collection of public and school library materials to be loaned to residents within the City and School’s boundaries.
v. Enter into any contracts for the provision of or for the improvement of public library services.
vi. Comply with state and federal laws relating to Library Boards.
6. The duties of the Library Director shall be as follows:
a. Cooperate with the School Media Specialist in the preparation of such reports, budgets, and other documents as are required by the Library Board or by the governing bodies of the City and the School.
b. Recommend to the City and School such staff as are necessary to operate the Library within its budgetary limitations.
c. Cooperating with the School Media Specialist, select and purchase all materials for use y the Library in its provision of public library services within policies established by the Library Board.
d. Publish and enforce the policies of the Library Board.
e. Execute all contracts and agreements approved by the Library Board.
f. Keep an accurate account of the financial transactions of the Library.
g. Carry out any other activities authorized by law that the Library Board considers appropriate in the development, improvement, and provision of library services.
7. The School agrees to:
a. After consultation with the Library Board hire a School Media Specialist who has the qualifications and responsibility to serve both the public and the students during school hours. The School shall pay the School Media Specialist who is an employee of the school.
b. Cooperate with the Library Board for improvement, extension, and coordination of library services to all residents in the area.
c. Provide full janitorial services to the Library. The payment for such services shall be credited to the School following the terms of Paragraph 4.
d. After consultation with the School Media Specialist and Library Board, select and hire such staff as are necessary for the operation of the library during school hours within the guidelines of the annual budget prepared by the Library Board and appropriated to the Library by the governing bodies of the City and School. Such staff shall have the qualifications and responsibility to serve both the public and the students.
8. The City agrees to:
a. Cooperate with the Library Board for improvement, extension, and coordination of Library services to all residents in the area.
b. Obtain and provide property and casualty insurance on the Library and its contents and provide liability insurance, naming the School as an additional named insured on its policy. The cost of insurance shall be credited to the City following the terms of Paragraph 4.
c. After consultation with the Library Director and Library Board, hire such staff as are necessary for the operation of the library within the guidelines of the annual budget prepared by the Library Board and appropriated to the Library by the governing bodies of the City and School.
9. The term of this agreement shall be from the date of execution of this contract to June 30, 1997. This agreement shall automatically renew annually for a term one year thereafter, unless either side terminates the agreement, in writing, thirty [30] days prior to the end of the current agreement, or May 31. The parties to this agreement agree to meet with the Library Board prior to May 1, of the contract year to evaluate the operations of the Library and the contract between the parties. This Agreement may be amended by the Library Board with approval from the City and School.
10. If either side should choose to terminate this agreement according to the preceding paragraph, all personal property within the Library shall be divided equally between the City and School.
11. In the event any provision of this agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. This agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This agreement shall be governed by and constructed in accordance with the laws of the State of Nebraska.
THIS AGREEMENT, made this 7th day of October, 1996, by and between the City of St. Paul, hereinafter referred to as City, and the St. Paul School District # 1, hereinafter referred to as School.
1. Neb. Rev. Stat, SS 13-801 [1991] authorize any two or more public agencies, which include any county, city, village or other municipal corporation or political subdivision of the State of Nebraska, to enter into Interlocal agreements with one another for joint or cooperative action of any powers as such Interlocal agreement shall specify. The purpose of this agreement is to establish a joint contract between the School and the City for the operation of a Community Library.
2. The parties understand that a building to house a Community Library will be constructed by the St. Paul Library Foundation, and the parties understand that this building and property will become City property once the building is completed.
3. Personal property in the Library shall be jointly owned by the City and the School.
4. The parties agree that under this contract the School will pay for fifty percent of the operation and maintenance of the Community Library, less salaries, and the City will pay for fifty percent of the operation and maintenance of the Library, less salaries. The School shall pay its share to the City monthly, after presentation to the School by the City of the appropriate documentation of the bill and proper credit is given to the School for any costs it has paid following the terms of this paragraph. For purposes of this Agreement, an employee of either party shall always be considered the employee of that party, and it is understood that the party employing that person shall be responsible for payroll taxes, health insurance, FICA, retirement, or other benefits such as workers’ compensation.
5.
a. The Library shall be governed by a Library Board. Six members shall be appointed to the Board, which members shall be citizens of the City and the School District broadly representative of the population of the parties. Three members of the Board shall be appointed by the governing body of the City, and three members of the Board shall be appointed by the School Board. One member shall be appointed for a one-year term by the City, and one member shall be appointed for a one-year term by the School Board. One member shall be appointed for a two-year term by the City, and one member shall be appointed for a two-year term by the School Board. One member shall be appointed for a three-year term by the City, and one member shall be appointed for a three-year term bythe School Board. At the expiration of the initial term, the members shall then be appointed by the City and the School for a three-year term.
b. The duties of the Library Board shall be as follows:
i. Annually evaluate the Library Director and present the evaluation to the City and School.
ii. Adopt by-laws for the conduct of their business and adopt policies for the selection of public library materials, the governance of the Library, and the use of public library services and materials.
iii. Prepare and submit an annual budget request to the parties of this Agreement.
iv. Adopt a formal annual budget within these funds appropriated to it by the governing bodies of the City and the School.
v. Meet at least quarterly.
vi. Prepare and submit an annual report to the respective parties of this Agreement.
c. The powers of the Library Board shall be as follows:
i. After consultation with the School and the City, select the Library Director who shall serve at the pleasure of the Library Board.
ii. Accept any gift, grant, devise, or bequest made or offered by any person, private agency, agency of the state government, the federal government or any of its agencies, for Library purposes or designate where such donations shall be accepted. Each donation shall be administered in accordance with its terms.
iii. Establish a special public library gift fund or designate the foundation where such fund shall be established. The monies in such fund shall be derived from all or any part of any gift, bequest, or devise, including the interest thereon. Such gift fund shall be a separate and continuing fund and no monies in such fund shall revert to the general fund of either party to this agreement.
iv. Establish a collection of public and school library materials to be loaned to residents within the City and School’s boundaries.
v. Enter into any contracts for the provision of or for the improvement of public library services.
vi. Comply with state and federal laws relating to Library Boards.
6. The duties of the Library Director shall be as follows:
a. Cooperate with the School Media Specialist in the preparation of such reports, budgets, and other documents as are required by the Library Board or by the governing bodies of the City and the School.
b. Recommend to the City and School such staff as are necessary to operate the Library within its budgetary limitations.
c. Cooperating with the School Media Specialist, select and purchase all materials for use y the Library in its provision of public library services within policies established by the Library Board.
d. Publish and enforce the policies of the Library Board.
e. Execute all contracts and agreements approved by the Library Board.
f. Keep an accurate account of the financial transactions of the Library.
g. Carry out any other activities authorized by law that the Library Board considers appropriate in the development, improvement, and provision of library services.
7. The School agrees to:
a. After consultation with the Library Board hire a School Media Specialist who has the qualifications and responsibility to serve both the public and the students during school hours. The School shall pay the School Media Specialist who is an employee of the school.
b. Cooperate with the Library Board for improvement, extension, and coordination of library services to all residents in the area.
c. Provide full janitorial services to the Library. The payment for such services shall be credited to the School following the terms of Paragraph 4.
d. After consultation with the School Media Specialist and Library Board, select and hire such staff as are necessary for the operation of the library during school hours within the guidelines of the annual budget prepared by the Library Board and appropriated to the Library by the governing bodies of the City and School. Such staff shall have the qualifications and responsibility to serve both the public and the students.
8. The City agrees to:
a. Cooperate with the Library Board for improvement, extension, and coordination of Library services to all residents in the area.
b. Obtain and provide property and casualty insurance on the Library and its contents and provide liability insurance, naming the School as an additional named insured on its policy. The cost of insurance shall be credited to the City following the terms of Paragraph 4.
c. After consultation with the Library Director and Library Board, hire such staff as are necessary for the operation of the library within the guidelines of the annual budget prepared by the Library Board and appropriated to the Library by the governing bodies of the City and School.
9. The term of this agreement shall be from the date of execution of this contract to June 30, 1997. This agreement shall automatically renew annually for a term one year thereafter, unless either side terminates the agreement, in writing, thirty [30] days prior to the end of the current agreement, or May 31. The parties to this agreement agree to meet with the Library Board prior to May 1, of the contract year to evaluate the operations of the Library and the contract between the parties. This Agreement may be amended by the Library Board with approval from the City and School.
10. If either side should choose to terminate this agreement according to the preceding paragraph, all personal property within the Library shall be divided equally between the City and School.
11. In the event any provision of this agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. This agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This agreement shall be governed by and constructed in accordance with the laws of the State of Nebraska.
