HomeMy WebLinkAboutResolution No. R22-37RESOLUTION NO. R22-37
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
EXECUTE A REVISED MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN THE CITY OF LAUREL AND THE CITY OF LAUREL LIBRARY
1rI17 '71 IJ_00 M. M11 D) xy
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Background. The City Council previously approved a Memorandum of
Understanding by and between the City of Laurel and the City of Laurel Library Board of
Trustees. After consultation between the Civil City Attorney, the Library Board of Trustees,
and the City's insurance provider ("the MMIA"), the parties have made revisions to the original
Memorandum of Understanding. A revised Memorandum of Understanding by and between
the City of Laurel and the City of Laurel Library Board of Trustees is attached hereto and fully
incorporated herein.
Section 2: Approval. The revised Memorandum of Understanding by and between the
City of Laurel and the City of Laurel Library Board of Trustees, a copy attached hereto and
incorporated herein, is hereby approved.
Section 3: Execution. The Mayor is hereby given authority to execute the revised
Memorandum of Understanding on behalf of the City.
Introduced at a regular meeting of the City Council on the 26`h day of July, 2022, by
Council Member Mize.
PASSED and APPROVED by the City Council of the City of Laurel the 26`h day of
July, 2022.
APPROVED by the Mayor the 26`h day of July, 2022.
CITY OF LAUREL
rI
Dave Waggoner, May
ATTEST:
17 . l �►M�r
,, -
R22-37 Approve Revised Memorandum of Understanding by and between the City of Laurel and the City of
Laurel Library Board of Trustees
APPROVED AS
S ITO FORM:
Michele L. Braukmann, Civil City Attorney
R22-37 Approve Revised Memorandum of Understanding by and between the City of Laurel and the City of
Laurel Library Board of Trustees
SERVICE AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LAUREL AND THE
CITY OF LAUREL LIBRARY BOARD OF TRUSTEES
This Service Agreement and Memorandum of Understanding ("Agreement") is entered
into this _ day of July, 2022 between the City of Laurel, Montana, a municipal corporation of
the State of Montana (hereinafter "the City"), through its Mayor, and the City of Laurel Library
Board of Trustees (hereinafter "the Library Board" or "the Library"), together referred to hereafter
as "the parties".
RECITALS
WHEREAS, the City has established a free public library, the City of Laurel Public
Library ("Library") for the use of the citizens under regulations as prescribed by the Library Board,
subject to approval of the City (LMC 2.80.010 et al; § 22-1-309, MCA);
WHEREAS, the Library Board has exclusive control of the expenditure of the public
library funds subject to a budget approved by the City as well as other duties and authority set for
and governed by (§ 22-1-309, MCA and § 22-1-310, MCA);
WHEREAS, to address the ability of the City to provide general liability, workers'
compensation, and health insurance coverage for the Library, and to make clear the rights and
obligations by and between the City and the Library Board, the partiesdesire to create this
Memorandum of Understanding regarding the City and the Library's respective rights and
obligations, specifically as they relate to personnel management, such as to ensure that they are
clearly-defined and understood.
UNDERSTANDING OF THE PARTIES
NOW, THEREFORE, in consideration of the mutual agreements and covenants herein
contained, the parties agree as follows:
1. PURPOSE: The purpose of this Agreement is to provide stability and a framework
of the roles, responsibilities and relationships of the City and Library Board as it relates to the
efficient operation and management of the Library for the benefit of the community.
2. TERM: This Agreement shall commence for the fiscal year beginning July 1, 2022
and shall continue through and include June 30, 2023. The Agreement will automatically renew
for each subsequent fiscal year unless one party provides written notice to the other at least ninety
(90) days prior to the end of the term, of its intention to not renew the same.
3. OBLIGATIONS OF THE CITY:
3.A. Insurance Coverage: The City agrees to provide general liability, property,
workers' compensation, and health insurance coverage for the Library and Library employees.
3.B. Personnel Costs: The City agrees to cover all costs of general liability,
property, workers' compensation, and health insurance coverage for the Library and Library
employees.
3.C. Payroll and Accounting: The City agrees to handle the payroll and
accounting for the Library.
4. OBLIGATIONS OF THE LIBRARY BOARD:
4.A. Annual Budget: The Library Board will prepare an annual budget for
approval by the City in accordance with state law (§ 22-1-309(6), MCA).
4.B. Public Entity and Open Meeting Laws: The Library Board agrees to
comply with all laws pertaining to public entities including open meetings.
5. ADDITIONAL OBLIGATIONS
S.A. The City agrees to provide property coverage for the Library building, and the
City agrees to provide property coverage for the contents of the library.
6. OPERATION OF THE LIBRARY:
6.A. Library Board Authority: The Library Board shall have the authority to
determine the policy for the operation and care of the Library; prepare budgets; authorize
expenditures; determine the selection of materials; and negotiate contracts and agreements as set
forth in § 22-1-309, MCA. The Library Board further agrees to provide the City with timely notice
of all policy modifications or changes, including providing any written documentation which
accompanies and/or supports such modifications or changes.
6.B. Execution of Contracts/Agreements: Per MCA 22-1-309 (3), the Library
Board may contract for Library services. The Mayor has the right to consult with the Library Board
about any contracts and agreements for the Library.
6.C. Personnel Management: Pursuant to § 22-1-310, MCA, the Library Board
oversees employees at the Library. In recognition of Library employees also being City employees,
the Library Board agrees to the following:
6.C.1 Employee Status and Policy: Library employees are employees of the City.
The parties acknowledge and understand that as employees of the City, all applicable City policies
shall apply, including but not limited to, the City personnel policies.
The Library must notify the City of any change in status of any/all Library
employees. This notification must be completed in a timely manner so that required
timelines/deadlines can be met for completion of forms and notification of appropriate agencies.
6.C.2. Appointment and Hiring. The Library Board shall have the authority and
responsibility for hiring, appointment, termination, and disciplinary proceedings of the Library
Director and, in coordination with the Library Director, Library employees. The Library Board
and Library Director shall follow City personnel policies and procedures for hiring and
appointment and shall seek the guidance of the Civil City Attorney in ensuring that the hiring
process is legal and follows City protocol.
6.C.2.a. Administrative Status and Supervision of Library Director and
Employees. The Library Director shall have the administrative status of a City Department Head
and shall report to and be supervised by the Library Board. The Library Director will attend
Department Head meetings and will communicate regularly with the Mayor.
The Library Board has the authority and responsibility for evaluating the
performance of the Library Director. The Library Director will supervise any Library employees
and is responsible for Library employees' performance evaluations.
The Library Board and Library Director shall follow City policy and procedures for
supervision, handling grievances, discipline and/or termination. The Library Director and/or
Library Board agrees to confer with the Civil City Attorney and the Mayor during a grievance or
termination process. The City may contact the Civil City Attorney and/or the City's coverage
provider for guidance and will report back to the Library Director and/or Library Board on
appropriate action. The Library Director and Library Board agree to follow the recommendations
of the Civil City Attorney and/or the City's coverage provider.
If there is a disagreement about the handling of a personnel management issue, the
City, Library Board, and Library Director agree to follow the recommendations of the Civil City
Attorney and/or the City's coverage provider. All parties agree to act in good faith and in the best
interests of the Library and citizens of the City in resolving any disagreements.
6.C.2.b. Execution of Library Operation and Policies. The Library Director
shall manage the operations of the Library and be responsible to the Library Board for the
execution of the Library Board's policies. The Library Director and employees agree to follow the
payroll and accounting procedures of the City.
6.C.2.c. Salary. The Library Board will fix Library employee salary and any annual
adjustments within the approved budget. The Library Board will work with the City to determine
a salary structure.
6.D. Building. The Library building is owned by the City. The Library Board
sets policy and works with the Library Director and staff on the use of the space. The Library
Board agrees to confer with the Mayor when any major changes or building fixes are planned.
7. MODIFICATIONS: Any modifications sought to be made to this Agreement shall
be agreed to by both parties and will be memorialized in writing, signed by both parties.
8. NOTICE: Any notice required or permitted under this Agreement shall be deemed
sufficiently given or serviced if sent by mail or hand delivered to:
City of Laurel
Attn: City Mayor
PO Box 10
Laurel, MT 59044
City of Laurel Library Board
Attn: Laurel Library Board
PO Box 10
Laurel, MT 59044
Either party may, by written notice at any time during the term of this Agreement, designate
a different address to which notices hereunder shall subsequently be sent. Written notice hereunder
shall be deemed to have been given as of the time the same is deposited in the United States mail.
9. TIME OF ESSENCE: Time shall be of the essence of this Agreement and all the
terms, covenants and conditions hereof shall be performed at or before the times herein set forth.
Any forbearance on the part of either party in the enforcement of the terms and conditions of this
Agreement shall in no way be construed as a waiver of default thereof or waiver of the obligatory
effect of such provision.
10. CONSTRUCTION AND BINDING EFFECT: This Agreement shall be
construed under the laws of the State of Montana and shall be binding upon and inure to the benefit
of the respective parties, their heirs, executors, successors and assigns.
11. SEVERABILITY: If any term of this Agreement should hereafter be declared or
becomes void or unenforceable by judicial decree or operation of law, all other terms of this
Agreement shall continue to be effective unless the void or unenforceable terms materially defeats
the manifest intent and purpose of this agreement.
12. BINDING: This Agreement shall be binding upon the successors and assigns of
the parties hereto.
IN WITNESS WHEREOF, each party certifies that the individuals listed in this document
as representatives of the individual parties are authorized to act in their respective areas for matters
related to this Agreement, and the parties hereto approve and execute this Agreement.
CITY OF LAUREL
Dave Waggoner, City M y r
APPROVED AS TO FORM:
fik C 1"�
Michele L. Braukmann, Civil City Attorney
* The City Attorney has provided advice and approval of the foregoing document language on behalf of the
City of Laurel, and not on behalf of other parties or entities. Review and approval of this document by the City
Attorney was conducted solely from a legal perspective and for the exclusive benefit of the City of Laurel. Other
parties should not rely on this approval and should seek review and approval by their own respective counsel.
LAUREL LIBRARY BOAS OF TRUSTEES
J
MONTANA MUNICIPAL INTERLOCAL AUTHORITY
LIBRARY COVERAGE ENDORSEMENT
TO THE MEMORANDUM OF LIABILITY COVERAGE
Entity:City of Laurel
Date Issued:August 3, 2022
Coverage Period:July 1, 2022 through June 30, 2023
In reliance on the representations made in the Entity's application or re-application for Library Coverage,
the Montana Municipal Interlocal Authority (Authority) agrees to provide coverage for the Entity named
above arising out of Library Operations, and to pay on behalf of the Entity as follows:
Subject to the LIMITS OF LIABILITY, COVERAGE, DEFINITIONS, EXCLUSIONS, CONDITIONS and other terms
of the applicable Memorandum of Liability Coverage (Memorandum), the Authority agrees to pay on
behalf of the Entity those sums as part of the Ultimate Net Loss up to the LIMITS OF LIABILTY which the
Entity shall become obligated to pay by reason of liability imposed by law because of a covered Claim
caused by an Occurrence during the Coverage Period. This Coverage is subject to the per Occurrence
LIMITS OF LIABILITY as set forth in the DECLARATIONS.
As set forth in the Entity's application for Library Coverage under the Memorandum, the Entity
acknowledges and agrees that this Endorsement for Library Coverage is contingent upon the Entity being
in compliance with the representations made by the Entity in its application at the time the application is
made and during the term of this Coverage.
____________________________
MMIA AUTHORIZED REPRESENTATIVE