HomeMy WebLinkAbout850548.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO, AND THE WELD LIBRARY DISTRICT AND AUTHORIZE
CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, Weld County desires to assist the Weld Library
District by providing certain financial and employment services,
and
WHEREAS, the Board has been presented with a Memorandum of
Agreement between Weld County and the Weld Library District, and
WHEREAS, the term of said Memorandum of Agreement is from
January 1 , 1986 , through December 31 , 1986 , with the further terms
and conditions being as stated in the Memorandum of Agreement, a
copy of which is attached hereto and incorporated herein by
reference, and
WHEREAS, the Board, after study and review, deems it
advisable to approve said Memorandum of Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Memorandum of
Agreement between Weld County and the Weld Library District be,
and hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Memorandum of Agreement.
850548
O1M37
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RE: MEMORANDUM OF AGREEMENT - WELD LIBRARY DISTRICT
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 23rd day of
December, A.D. , 1985.
dn, BOARD OF COUNTY COMMISSIONERS
ATTEST: ' y �: WELD COUNTY, COLORADO
//r
Weld County Clerk and Recorder \,
and Clerk to the Board J=cq ine J)ihfson, Chairman
BY: Q
/ 124',,,„0/
EXCUSED
j 9etJe Gene R. Brantner, Pro-Tern
Deputy' Count rk
APPROVED AS TO FORM: C.W. ir15y
EXCUSED
Gordon E. Lacy
County t or ey
'd� Franc Yamaguc
MEMORANDUM. OF AGREEMENT BETWEEN WELD COUNTY
AND WELD LIBRARY DISTRICT
HIS AGREEMENT, made and entered into this oI1K_day of
, 1985 , by and between the Weld Library
District ereinafter called "Library") and the County of Weld
(hereinafter called "County" ) .
WITNESSETH:
WHEREAS, County desires to assist Library in providing
library services in Weld County by providing certain financial and
employment services, and
WHEREAS , Library desires the assistance of County in
administering library programs in the most efficient manner.
WHEREAS, County and Library intend to merge the existing
County library into the District to be governed by the Board of
Trustees of the Library District.
NOW, THEREFORE, for and in consideration of the promises and
mutual agreements contained herein, Library and County hereby
agree as follows:
1 . County shall provide all necessary treasury and
accounting functions for Library to include maintaining funds ,
processing of payables, warrant reconciliation, journal entries,
maintenance of a general ledger, monthly and annual financial
reporting, grant accounting and reporting, and any managerial
accounting reports required by Library.
2 . County shall administer insurance programs and policies.
3 . The audit of the Library' s financial reporting and grant
reporting shall be done in conjunction with the County' s annual
audit and included in all County audit reports. Library shall pay
for any audit costs attributed to the Library audit requirements.
Page 1 of 4 Pages
4 . The Library shall act on their annual budget no later
than November first of the preceding fiscal year and forward said
budget to the Board of County Commissioners of Weld County.
5 . County agrees to indemnify and hold harmless Library and
to pay all judgments arising out of the acts or omissions of any
County officers, employees , agents , or contractors pursuant to
this contract and to insure or self-insure County against any such
risks except that in the event this provision and the provisions
of Sections III and VIII of the Lease of the premises at 2227 23rd
Avenue are in conflict, the terms of the Lease shall prevail.
6 . County shall provide employees of the Library to perform
the duties and responsibilities of Library. Said employees shall
be employees of County and shall operate under the Personnel
Policies and Procedures of Weld County, with the exception that
the Library Board of Trustees, instead of the Board of County
Commissioners , shall have final determination of all grievances
brought by said employees. The Library Board shall have the right
to select said employees and shall set the salary levels of said
employees. Library shall fully reimburse County for the cost of
said employees ' salaries, fringe benefits , workers compensation,
and unemployment insurance costs.
7 . Library shall adopt Weld County' s Purchasing procedures
to be used for purchases of all materials , supplies , and contract
services. County shall monitor all payments to insure said
procedures are followed prior to payment of Library' s funds. Any
variation of the purchasing procedures shall be transmitted in
writing to the Board of County Commissioners as adopted or amended
by the Library Board. The Library shall be responsible to insure
that said purchasing procedures comply fully with any grant
funding requirements prior to adoption.
8 . County agrees to provide computer services at the same
rate as the schedule adopted by the Board of County Commissioners
for County Departments.
9 . County agrees to provide building and grounds services
including custodial repair and maintenance functions but County
shall not be obligated to hire or contract for services if
resources or expertise are not available to provide such services
Page 2 of 4 Pages
to the Library. Library agrees to pay all such services at
County' s actual cost.
10 . (a) County agrees to allow use of bookmobiles and other
vehicles by the Library and to provide repair and maintenance
functions and Library agrees to pay County' s actual costs for
acquisition, repair and maintenance.
(b) Vehicles necessary for Library functions not
currently owned by the County may be acquired by the County and
repaired and maintained as set forth in paragraph 10 (a) . Library
may acquire vehicles in its own name, which vehicles shall be
maintained and repaired by County as set forth in 10 (a) .
11 . County agrees to provide printing and supply services at
the same rate as the schedule adopted for County Departments.
12 . County agrees to provide phone services at the same rate
as the schedule adopted by the Board of County Commissioners for
County Departments.
13 . All functions described in paragraphs 1 , 2 , 3 and 7
shall, in addition to general administrative functions , be paid
for by the Library at a rate of $15 ,000 .00 in the first year of
this contract and a rate in succeeding years not to exceed the
previous year' s rate plus a percentage increase determined by the
annual rise in the Consumer Price Index.
14 . The term of this Memorandum of Agreement shall begin on
January 1 , 1986 , and shall continue through December 31 , 1986 , and
shall be renewed annually unless a party serves the other party
with a written notice on or before November 1 of each year
indicating its intent not to renew the contract. This Agreement
may he updated , modified, revised, renegotiated , or canceled at
any time by mutual consent and in writing by both parties to
accommodate changing conditions.
15 . All notices required to be given hereunder shall be in
writing and sent by Certified Mail , return receipt requested, to:
Board of County Commissioners of Weld County, Colorado, 915 Tenth
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Street, Greeley, Colorado 80631 , and to Weld Library District
Board of Trustees, 2227 23rd Avenue, Greeley, Colorado 80631 ,
provided that the parties, or either of them, may designate, in
writing, from time to time, subsequent or supplementary persons or
addresses in connection with said notices. The effective date of
service of any such notice shall be the date such notice is
received by Tenant or Landlord. Service of notice may also be
accomplished in a manner consistent with Colorado Rules of Civil
Procedure provisions on personal notice.
IN WITNESS WHEREOF,,,, parties ha caus d this agreement to
be duly executed thisin day of I,rocrwel , 19e:1, -- .
.
ATTEST: (An,A. 2,t,tdncito(,re1 BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County C erk and Recorder
and Clerk to the !g(ya.d By'
Cfi irm
By: ✓ Jam'
Deputy County erk
mi
ATTEST. J BOARD OF TRUSTEES
WELD LIBRARY DISTRICT
Ti; �! %JAY7
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