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HomeMy Public PortalAboutResolutions-2024-003RESOLUTION NO. 2024-003 28E AGREEMENT BETWEEN THE CITY OF TIFFIN AND CLEAR CREEK AMANA COMMUNITY SCHOOL DISTRICT THIS AGREEMENT, made and entered into this 28th day of February, 2024, between the City of Tiffin, hereinafter referred to as the City, and the Clear Creek Amana Community School District, hereinafter referred to as the District, WITNESSETH; WHEREAS, both the District and the City wish to continue to improve and expand library services for the school and the residents of the City; NOW, THEREFORE, it is mutually agreed: 1. The District will make the school library in Tiffin, known as the Springmier Community Library ("Facility") and located at 311 W Marengo Rd, Tiffin, IA 52340 available to City of Tiffin Residents for the purposes of a shared Public Library. 2. The City will rent the Facility, for a total annual amount of $24,000. This amount includes, and the District is responsible for, the costs of all utilities, repair, maintenance, custodial and trash removal services, and technology supports for the Facility. The annual rent may be amended by written agreement of the parties. The District will invoice the City of Tiffin annually, due and payable each July 1 during the term of this Agreement. 3. The remaining balance of June 30, 2024, in the account for the Springmier Library fund will be sent to the City of Tiffin in July 2024. 4. The City will work as the liaison between the Springmier Library and the Clear Creek Amana Foundation. 5. Library Trustees (Library Board) will consist of eight members. Three (3) of those members are appointed by the City, and three (3) of those members are appointed by the District. The school librarian and the building principal shall be the other members. 6. The Library Board shall comply with the duties and responsibilities set out in Chapter 21 of the City of Tiffin Code of Ordinances. 7. The City shall employ appropriate personnel for the Facility, and such personnel shall be employees solely of the City and not of the District. The City shall be responsible for all employment matters including but not limited to hiring, compensation, and benefit decisions. The District will be consulted on hiring, dismissal, assignment of hours, and setting of wages, salaries and benefits for library staff. The City will be responsible for conducting appropriate background checks for new employees. 8. While the Public Library Director reports to the City, the Director will keep the District and Library Board apprised of pertinent information. The Public Library Director will ensure compliance with school policy and education laws. 9. INSURANCE. • Property. The District shall insure the Facility and its contents, except that the City shall carry insurance on its equipment in the Facility. The insurance shall cover loss or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time reasonably available, and in any event, in an amount not less than 80% of the full insurable value. In the event there is a deductible on a loss, each party shall be responsible for their own deductible. • Liability. Both the City and the District shall carry liability insurance for protection of the City and the District from any liability arising out of any accidents or other occurrence causing any injury and/or damage to any person or property in the Facility or upon the grounds due directly or indirectly to the use or occupancy thereof by the insured, or any person claiming through or under the insured. Liability policies shall have limits of not less than $2 Million per occurrence and $4 Million annual aggregate. • Other Provisions. All required insurance shall be obtained from issuers of recognized responsibility licensed to do business in the State of Iowa. All policies shall name the City and the District as the insureds, as their respective interests may appear. Each party shall be furnished with a copy of each policy required under this Agreement. All policies shall contain an agreement by the insurer that such policies shall not be modified, cancelled, or non -renewed except upon at least thirty (30) days' prior written notice to both the City and the District. • Waiver of Subrogation Rights. The City and the District each releases the other from any claim for recovery for any loss or damages to any of its property or for any liability which is insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance. This waiver applies only when permitted by the applicable policy of insurance. 10. The City will actively seek support for the Public Library Program in the form of grants or appropriations. 11. The Library Board will actively seek and support from the Johnson County Board of Supervisors for appropriations for library services, grants and appropriations from the State of Iowa. 12. The Springmier Library will adopt the same policies as the school library and the personnel policies of the City whenever possible. 13. The Springmier Library will be open a minimum of thirty (30) hours per week. Hours will be determined with the school district's priorities and the accessibility of the general public in mind. 14. Whenever school is canceled due to inclement weather, the Springmier Library will also be closed. 15. The Library Board will meet a total of 10 times a year. DURATION of this Agreement shall be from the 28th day of February, 2024, until such time as either party gives a one-year written notice to terminate this Agreement. CLEAR CREEK AMANA CITY OF TIFFIN COMMUNITY SCHOOL DISTRICT President, Board of Education Secretary, Board of Education Date Mayor, City of Tiffin Clerk, Gity of Tiffin Date