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03-530\�, l �� ORIGII�IA� Green Sheet # �,�y�� $' RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To f, Committee: Date WHEREAS, in 1969, a joint powers agreement was entered into by and between Anoka County, Carver County, Dakota County, Hennepin County, Ramsey County, Scott County, Washington County, the City of Minneapolis and the City of Saint Paul establishing the Metropolitan Library Service .Sgency (MELSA) pursuant to Minn Stat. § 471.59,and WHEREAS, the agreement was amended and restated in Mazch of 2000 to reflect changes to the terms of the board members, and WHEREAS, an addirional amendment to the agreement is necessary to harmonize with state law and to remove or reword language that may be outdated or that could more appropriately be handled in the by-laws; NOW THEREFORE, BE IT RESOLVED the appropriate individuals are hereby authorized to execute the attached amendment to the aa Requested by Department of: Libraries BY � --- �'/� L �� -K Approved by Financial Services: Adopted by Council: Date � o O3 Adoption Certified by Council Secretary: By: Approved By: rycfr: Date _ �� 6 � By: Form Approved by City By: council Fi1e # 03 + 530 for 'Submi � � � , ��7een Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �3-530 LI — Libraries Contact Person 8 Phone: GINA LA FORCE 266-7070 Must Be on Couneil Agen 24FE6-03 Green Sheet NO: 204708 � � Assign Number For Routing Ortler De artmen Sent To Person 0 ibraries 1 Attome 2 a r's Office 3 ouncil 4 ibraries Totai # of Signature Pages _(Ciip All Lowtions for Signature) Action Requested: • " Council Resoiution auihorizing an amednment to the joint powers agreement that established the Metropoiifan Library Services Agency. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Mswer the Following Questions: 1. Has this person/firm ever worked under a coMract for this department? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this personffirm passess a skill not normally possessed by any current city employee? � � � Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): MELSA's Joint Powers F�qreement between the seven metro area counties, Saint Paul and Mi�neapolis was updated a litt less than two years ago. Some general housekeeping tasks remained undone. Current changes will remove'any ianguac more appropriately handled in the by-laws and bring the MELSA Joint Powers Agreement into harmony with staYe law whil avoiding language that would be out-dated easily. All other members have approved the new version of the agreement. AdvantageslfApproved: The Library will continue to be a memeber of the Metropolitan Library Services Agency which alfows for Saint Paul residen to borrow/return books,to all member libraries. ,� DisadvanWges if Approved: None MAY 21 2003 1� q�'TORNEY Disadvantages If Not Aparoved: The Library wou4d not be abte to maintain its membership in MELSA. Saint Paul residents would not be able to use the reciprocal borrowing agreement maintained by MELSA. 'otal Amount of � Transactioo: Funding Soarce: Financial Information: (Explain) Activib Number: a �, r Ci0lh'l�� 't.°.S�cYv�l .,�'°�,"`,:t�e �. � � - � �., . � r Cast/Revenue Budgeted: 03 - s �o ��COND Ai�IENDEll �\D RESTATED AGREEMENT CREATING �TROPOLITA�T LIBRARY SERVICE AGENCY This Second Asnended and Restated A�eement ("A�reemenY'1 is made and entered into by and beriveen Anoka County, Carver County, Dakota Cuunty, Hennepvi County, Ramsey County, Scott County, Was?aington County, the City of St. Paul and the Cit}� of Minneapolis ("Members") pursuant to Minn. Stat. §§ 471.59 and 134.20. Whereas, in 1969, the Members entered into an Agreemeni esYablishing the Metrepolitan Library Service Agency {MELSP.) pursuant to Minn. Stat. � 471.�9; ard Whereas, in February 1, 2003, the Members entered into an A�nended and Restated Agreeinent areat;ng the Metropolitan Services Agency; asr3, Whereas, the Members have determined that the eYtension and im�provement of public library service within the Members' respective jurisdictions can be accomplished by �iELSA as authorized and described herein. Therefore, in considerarion ofthe mutual �romises and benefts tfzat each Member shail derive here frosr. and the authority granted by Muui. �tat. §§ 4?1.SS and i34.20, the Vlembers agree ta arnen'the An.e,ided and Re�tated A�eement crea:;ng the l��et:ropolitan LiUra.ry Service Agency by deletine it in its entireiy and restating ?t a,> roilows: Al2TICLE I The l��embers have executed this Agreement for the general purposes of improcing public library services wiYhin the jurisdictions of the P�IemYre.s and coordinatinff public library service ia any ways, which t�he il�embers deem r��u�uall�, sa�isfacton- and appropriate. Such coerdinatiou ina; co,�sist of bai is n�- :ir„ite � to chF fciie�s�i.r.� acticities: ` establish�ng catalogs of materials, sach as Union Ca*aiog * establishing communication ne:works * arYazzgir•� for interchange of maierials and services * reviewing the locaYion of public library services ° coordinating the selection o� em�phasis :n materials select�n T coerdinating±he coverage oi subiect fie;ds �RTICLE TI T�',I�.�T T`�e texru oF this a.�stend.ed �g�eernent s: al] : o_mmence on rebr�a_ry 1, 2�J�2, an3 shall C.^. �Y.:TlL':', IT_ ��''.1 ='TCCe 3._'tti. cifcf`.i 5 1?7?S� tC�':71ii_8t,'.� �"J�� t�]E,' illf;;_!bC_"S i:Ul�l:_Llt `c0 .a.]t1C�(; 'v' !j1 o� ilr,� _1�.ceme^_r. 03 -530 ARTICLEIII VIETROPOLIT.�N LIBR�RY SERVICE AGENCY A. Creation. Composition and Appointing Authority. A joirt powers library boaxd, known as the Metropolitan Library Service A�ency (NIELSA), is established £or the putposes contained herein witl� the powers set forth in this Agreement. The Boazd of NIELSA shall consist of or_e representative from each Member. The Board of Commissioners of each Member that is a county sh�11 appoint by resolution, its representative to the Bo�rd. The may�r ar_d city coar.cil of the �'ity of Saint Paul shall select the City of Saint Pani's represeniative to *he Board. The Minneapolis Public Library shall appoint the City of Vtinneapolis's representative to the Board. No representative may be an en�pl�yee of'aiy� of±he l�fer.ibers' librazy systems. B. Terms. Each representative to the Boazd shail be �,�pointed fo: a three-year term. An incumbent representative snall sen�e untit a successor has been appointed pursuant to the provisions of sectioa A above. Rermovai of any representative with or without cause during +he terr.i for which the represcntative was appointed shall oe done only by the appointing authority o; the Member. C. Vacancies. If an appointment of a representative ±o the Bcard is vacated before the end of the term, the vacar.cy sha?? be filled by arpointmen? by ±he same method as identifieci in pazagraph III above :ar the remainder of the term. .A vacancy shall be deemed to have occurred when any of the conditions specified in Minn. S±at. §. 351.02 exist or if a representative who is an e:ected offici.al fails to qualify or act as such official. B. Yresident Vice President, and Ser,retary/T3 ea, ni'cs'. Th� Board slt�?i e?e.z a Presider�t, Vice P�'esident, a�,d Sac:e�ary/Treas�:rer f'.�rm i*s ;-� �bc;shir, ior o.e- year tzm;s. T::e 1'resident sh.all pres�dc �t all r,see*.ings oi *_he Board and sball perform cther duties ar.d functiens as may be determineci by the Bc�ard. The V"ice President shall preside over meetings of the Board aud act as tY:e Pzesident iri the absence of the President. The Secretary/"I'reastirer shal; preside over meetings of the Soard in the absence of the Presz�ent and Vicz Presiden�, and aet zs President in ttie absence of the Presiden� a,d V ice Presadent. ARTICLE IV POWER5 OF TFIE BOARD A. The Boar. shall have all of the �ow�-s and duties of city anc ,^.n;Lr;�y Ii i,=�y boards as prcvi� ed in lli:ua. Stat. y§13411, 134.12 and i34.13. 0� -S�o B. T ae 3oard sha11 have the power to acopt and air�cnn such byiaws that it may deem �ecessary or desirable for the conduc* of the business of'he Board. Such bylaws shall be consistent with this Agreement ard any appiicable laws or;egulations. C. ihe Board shall have exclusive control of t�he expendi±ere of ineneys collected for or placed to the credit of the ME,T_S S library u�r:: z;�aUlishee p_usuant tu Article VI, and of interest earned on all moneys collected for or placed to the cre3it of such library fund. D. The Board may provide for the employment, discipline cr discha:ge of personnel required ta accomplish the purposes of this Agreement. F'or p�:rpcses ofi payroi_l, henefits admin;stration and similar services, all personr.�i shall be deemed employees of a Member pursuant to a contract executed between the Board and tt,c �,�4emoer. E. The Board may ente: into any contract necessary for the exercise of its powers ar *he fulfillment of its duties, ir.cluding con�acts with libraiy syster.:s ��it!;in a:id cutsicie the seven-ccanty metropolitan area. F�'. Consislent with applicai�le state law, flie k3oardma�• ap�l} fe: and accept gifls, grants, or loans of money, other property o: assistanc: fro;ta the United States �iovem.ment, 'fhe State oi 141innescta, or a:iy �erson, associat_on cr ager�cy io: any MELSA purpesvs; enter into any agreeinc-at,in co7nc�iie : tnere�.>it!:; and hold, use; and dispose of such money, other.�roperiy orassisranc.e in accordance with the terms of the gift, grant or loan relating thereto. G. The Board may disburse funds in a manr_Pr which is censistent ,�-it1: this Agreement and with the method providee by iaw foY Yhe aisbcrsement �f fiuds bv the Members. ARTICLE V RESERV�4TIOiV OF AU'LHORITY A11 responsibilities not specifically set out to be jeinfly exercised by the Boa:d ur_der thi� Abreement are hereY�y rese.aed Yo tL-.e Members. ARTICLE VI iV1ELSA LIBRARY � U�iSi _ A. Estab�ishnent. Tr.e MF,LSA library fund is established ior the purposes coatair�ed herein. �t sl:ali include all money co'1<.ctP�? for or p?aced tc� c��e cre��t o; the MELSA iibrary fnnd ancJ the interes? on zIl s�:ch fiands_ Ali"Ynoney receiver,' ior .i.e Board, if pzid intc •*.ne �easury orany b4..nb�;r: shall be credi��c To tae N;F,i.,SA - II�iJL2�'�I £1�T1 �' 3?!C� .F't'�i 5�.7%SBYP, �1'OTYl O�}lCl' I]?4[:.;V Of r!lE::./�P•Y;t^,c�,T. 03 -S 30 B. Procedures. Money in the MELSA library fund shall be paid out only upon approval by the Board. C: Bud�et. The Board shall adept an annuai_ bud�et and shall file it with the lib; ary boards of all of the ivlembers. D. Budget and Accounting Services. The MEi,SA libzazy fimd shall be deposited in such bank or'oanks as may be determined `oy the Board in accordance with i✓�inn. Stat. § 11A. E. Accountabil:ty for runds. Ali funds in the MELSA iibrary find srall be accounted for according to generally accepted accounting principl_es. The SecretarylTreasurer shall report monthiy t�� the Bo�rd o_r, all recai�,ts :o ar;d disburseruents fron: the VIE;LSr'� �.iLrary fi;nd znd ��ali i ie a c:�py it t��e sanxe , with the Library Boards of all of the NSembers. ARTICLE VII INDEMNIFICATION AND CLAINIS FOR DAM�GES I1 the Board incurs zny e�ense or lia'oility as a re5ult of a clair,� foi� d��*�a�es, :�_e expenses and damages paad shalt be assessed agai:ist and paid hy eacl ;VIc*nber in ec, �tal shares. Each MemUer:2ere�y agrees to inden?nify, ;�oid hd�?nless Zid defendt�e Beard. 1lS Off1;;eLS� eTT11J�0}'�°.P.S 8S1(1 %1�eIltS Of i,t1E S72P".Il��ll`L OZ ill`LeI1Ci0ii31 3CiS Oi OYT113S10IlS Os SLiCiI Member, its officers, employees, and agents that resui# in expenses or e'a.mages assessed to the Board. Nothing in this Agreement constitutes a waiver of the. limita?ion �f ::ability or i�ununifies eontained in Minn. Stat. Ch 466 or any other relevant law. ARTICLE VIII �TTIIDRAdV_�I,.41\'D �'�R�ti\�9TIt3_�' L�. Withdra�aal. Pny �lember may va &om this Agr�ement by giving written notice to the Board a? least six (6) :�onths prior to t�e effective date of withdraw?1. in ihe case of a Tvlember ��Yiat =s a col:n�y, notice shal', be a cer:ined copy of a resoiution of the Board of Comrr.issioners indicating its intent to withdraw fram this _'�greemer.t. In the case ef a Member that is a city, notice snall be a certified copy cf a resoletion or min�fes c,f the appointing auti�onty indicating its intent *.e withdraw fram Etus � greement. Uper recei�t of notice, the President shaii forward a copy to eacn Mesber. In The event of w:thdrawri, bp any �lember, this fi�eemer,.t �hall ; emairi in fizll fo-ce ar.d effect as:^ aii remainin� NIe_n�sexs- B. E.�`iect of �i?h?�nwa1_. `�ithdT2wa? oy a_ny'_v1eTr�ber sha11 �ot terrnina�e t�vs �atFF�T1Pl�f E:'±�:;71 :iS �SZOV�C�C[� li1 F:i?;..'IC C'?�T St:C:;c�t' �. � . a�-s3� C. Termination. This Agreer.lent shall terniinate upon the occunence of any cne of the following events: When enou� Members withdraw pursuant to Section A so tha+, ?n tl jud�ment ef the Board, it becomes impractical to-conrimie. 2. Wren necessitated by operation of law or as a result of a decisior. by a court of competent jurisdiction. Vdher. a majorty of �lembers aeree to teiYnir.ate the A D. Effect of T'ermination. Terminatioa shall not discharge any liability incurred by the Board or by ihe (;onnties durnV the term of this r"i��reeine.it. Upon 4 d�cisa�.n io te[?nin�71C piirSC; 'ST to SectiOn C,, and piioC to iilc e°.i.fZC'�ive date of�teT:Y�iil'dtiur;, the Board shall wind up ?ts business, including the k rosecution and def„nse of any claims. Propert�,� or surpius money held by the Boarci sh�ll then be d;stri:,ated t� the Counties in proportion ta contributions of the Corzr,ties or as required by lavr. The Board shall approve a final report of i+s aciivities arid affair� pr_2r �o thz effective date of termin�±ion. ARTICLE IX MISCh.LLAi'V'E(3US A, Amendments. This Agreement may be amended only by unanimous written Agreement of the Members. B. Records. Accoi�nts and Reports. The Board shall establish and znaintain ;ncb funds and ar,cour_t� as mzy be re�li;�red bv geod accvan±i;,7 przctices. :'ue �oc: s ' 2S1(j. IE'COLC�g Of tflE.' ��." 03r(, �7'ai i%ic S,iulzCi t0 t�l�� r�10V1c10R5 01'�1TII1. :;ta.:. :,�'.l. �? (IYli�nesot.a Government Data Praeuces Ac?) and Minn. S+_at. § 16B.06, �ab�. ;4. C. C.ounterparts. This Agreernent r�ay be executed zsi t�.ce or more cou�ter;»�ts each of which shal� be deemed an oiiginal, but a11 of which shall coust:tnte one �rzd t�.e same instromeut. D. The Board may adopt byiaws fo: ttze governance and con�uct of the busine;s oi the organiza*.ion. IN R'�Ti�ESS WHERF,C:F thc pa.-;:es i:ereto na�e exe�kted t;,is A.greement o, tl�.: dat�(s) :;:,4icz�.ed belo�s;. o�-s �o n City of I: Dated: ATTEST �y —�� — — Its: !n,`�'-t,� ��hCc_.9'� --- / Dated: a'! �� APPROVED AS TO FORM By: — ` Its: Dated: v DEPARTMENT/OFFICE/COUNCIL: Libraries CONTACf PERSON Rc PHONE: Carole Williams 266 �88fl �676 MUST BE ON COUNCII. AGENDA BY (DATE) 0� - .s a�o DATE INITIATED . GREEN il11EET No.: 64167 March 20, 2000 � 1NiTTALDAI'E Il�TI7ALDATE ASSIGN DEPARR.�NI DIIt CR7 COUNCQ. NUMBER FOR � CITYATfORNEY CRYCLERK ROUTING FIIJANCL4LSII2VDIR FINANCL4LSERViCES/ACCT ORDER — T 2 MAYOR TOTAL # OF SIGNATURE PAGES (CI,IP ALL LOCATIONS FOR SIGNATURE) acriox xEQuESTEn: Change to the Amended/Restated agreement for the Metropolitan Library Services Agency requiring new signature. RECOMMENDATTONS: Approve (A) or Reject (R) IP1EL@�QD£3AIL ffi1@1@6'I[�7@ �FTIl'1�AQ'Il'g kNNJ67f ptyg'6�/7EI� q'ffi@ ]F�p,p,�@yply� �II7@ffi7CII�Fi�c _PI.ANNING COMI�-IISSION _CIVII. SERV[CE COMI�.IISSION 1. Hes $Y4 pets6¢��fl evei wo¢&ed umdeP a cco0offi'as4 fcP OmiS �eQ&¢�eOQ? C� COMMI'Cl'EE -� -----� STAFF _ �. � � DIS7RICT COURT PeTSad&vm ewe¢ 7sez� mm se4g� e�apfloyee? SUPPOR7S IVHICH COUNCR. OBJECTNE? 3. IBaes tLes pexs¢s/Seva passess a s&a91 noP m¢¢�saBly �ssessed �y a0y suexen4 scH�j e�p➢oyee? 4. Is ffiis peesoni6v� a targePed aenddt7 IFs�Jm&m � q¢� �7¢us �rm �2�vre�Q¢ �a.¢P � mQG�¢I� Pm� �e¢� �ne¢Q INITIATING PROBLEM� ISSUE, OPPORTUNITY (Who, What, When, Where, Why): The restated agreement for the Metropolitan Library Services Agency has been changed to reflect that members may not be appointed to serve more than two consecutive three year terms instead of three. All other aspects remain the same as the restatement processed on green sheet 64157 signed in November of 1999, copy attached. ADVANTAGES IF APPROVED: The Library will continue to be a member of the Metropolitan Library Services Agency which allows for Saint Paul residents to bonow/return books to all member libraries. DISADVANTAGES IF APPROVED: None. DISADVANTAGES IF NOT APPROVED: The Library would not be able to maintain its membership in MELSA. St Paul residents would not be able to use the reciprocal bonowing agreement maintained by MELSA. TOTAL AMOUNT OF TRANSACTION: FUNDING SOURCE: FINANCIAL INFORMATION: (EXPLAII� COST/REVENUE BUDGETED: .,.: „ _ r ,,. �� ACTIVITY NUMBER: " � ` s� � L' ��.l�Q �� I Gn �rn'�n � -- � �G�Gt, OY'��in � ! 03 A Federation of Public Libraries JaT1U22y 27, 2�� Metropolitan Library Secvice Agency 1619 Dayton Avenue, Suite 314 St. Paul, MI�i 55104-6206 Phone: (651) 645-5731 Fax:(651)649-3169 e-mail: melsa@melsa.lib.mn.us James V Wroble�ti�skt, Direc[or After considerable discussion the MELSA Board of Trustees has approved revising the language of the term limits of the amended and restated Joint Powers Agreement to reflect term limits of two consecurive terms of three years each. This issue of term lunits was a major stumbkng block in getting all the respective signatories to sign the Agreement. In an attempt to come to a quick and peaceful resolution so that the Joint Powers Agreement could be signed and returned by a11 MELSA members this concession has been agreed upon, although, the Board is not in consensus on the issue. Enciosed you will find a new amended and restated Joint Powers Agreement, updated January 27, 2000. The only revision to this Agreement is the term limits. Please forward to your respective signatories for approval and signahire and mail to my attention as soon as possible. The signed 7oint Powers Agreements that I have received so far will be rendered null and void upon full agreement of enclosed new document. Thank you for your diligence, patience and time in this matter. ; � � , �- �� James Wroblewski MELSA Execurive Director 03 �530 DEPARTMENf/OFFICF/COUN�L: DATE INITIATED GREEN SHEET No.: 64157 Libraries October 5, 1999 CONTACT PERSON & YHONE: � u.�TTnvDATE 7t�iTTnTNATs Carole Williams 266-7080 �LGN DEPARTMENT DIIL CITY COUNCIL FNUhIBER 1 CITY ATTORNEY � I'�.+'� CITY CLERK MUST BE ON COUNCII, AGENDA BY (DATE) ROI7TING pgpEg FINANCIAL SERV DIR FiNANCIAL SERVICES/ACCT 2 MAYOR (OR ASST.) IIUMAN RIGFTTS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATIJRE) wcriox �QUESrEn: Signature on Amended/Restated agreement for the Metropolitan Library Services Agency. RF,COMMENDAI'IONS: Approve (A) or Rejec[ (R) 1Pffi�QDFtpII. 51�43R71[Q�E 2'�ly'Il'I�A�if� FJ[��1P AFIb'0�@IR 7Cffi� LP�ILIf.��3'➢RT� �ll1P.�Il'Il�Y3�e PLANNINGCOMMISSION _CIVILSERVICE COMMISSION 1. Hasihispas�everworkeduodetacmtrectfoeThvsdepeaGm�t9 , C[B COMMITTEE STAFF _ 2. FlasiHiegersoo/&eaievertumacLLye3up9oyee? DISTRICT COURT SUPPORTS WHICH COUNCIL OBJECTIVE? 3. II�oea ffids pnsm!&evigaseeas a el�ll notvovmel9y �aaeeaaed by any'�ie'vmt cily e�ployee? 4. Is ffias pason/Svm ataegc4ed veaCoeP ]Es�d�Bm � qas sm�a�v¢¢a � ax�P¢ elE�az¢ s� � Qm guaaffi ol�x¢rt INTTIATING PROBLEM, ISSUE, OPPORTUNITY (Who, Wliat, When, Where, Why): A 1970 agreement with metropolitan libraries created the Metropolitan Library Services Agency for the purpose of improving public service and coordinating library services in the metro area. This amendment will delete the originai agreement and restate the agreement allowing for a Board of Commissioners. ADVANTAGES IF APPROVED: The Library will continue to be a member of the Metropolitan Library Services Agency which allows for Saint Paul residents to borrow/return books to a11 member libraries. DISADVANTAGES IF APPROVED: None. DISADVANTAGES IF NOT APPROVED: The Library would not be able to maintain its membership in MELSA. St Paul residents would not be able to use the reciprocal borrowing agreement maintained by MELSA. TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FIJNDINC SOURCE: ACf[VITY NUMBER: FINANCIAL INFORMATION: (E7LPLAIlh �y, y, � � � � _ 1.i:' � C:\WPDOCSVNELSA.GRN o ...� s. L. e ' 5�.: _� �� '�i��`� �� g , - . r '<�•' x . v Y'S �'"{.,' -;� ..� � � ��_a.� �� , f Z a .�a � �� ., :. a3 -53 a AMENDED AND RESTATED AGREEVIENT CREATING METROPOLITAN LIBRARY SERVICE AGENCY This Amended and Restated Agreement ("A�reement") is made and entered into by and between Anoka County, Carver County, Dakota County, Hennepin County, Ramsey County, Scott County, Washington County, the City of St. Paul and the City of Minneapolis ("Members") pursuant to Minn. Stat. §§ 471.59 and 134.20. FVhereas, in 1969, the Members entered into an Agreement establishing the Metropolitan Library Service Agency (MELSA) pursuant to Minn. Stat. § 471.59; and Whereas, the Members have deternuned that the extension and improvement of public library service within the Members' respective jurisdictions can be accomplished by MELSA as authorized and described herein. -° Therefore, in consideration of the mutual promises and benefits that each Member shall derive herefrom and the authority granted by Minn. Stat. §§ 471.59 and 134.20, the Members a�ree to amend the 1969 agreement by deleting it in its entirety and restating it as follows: ARTICLE I PURPOSES The Members have executed this A�reement for the general purposes of improving public library services within the jurisdictions of the Members and coordinating public library service in any ways, which the Members deem mutually satisfactory and appropriate. Such coordination may consist of but is not limited to the following activities: . estabtishing catalogs of materials, such as Union Catalog • establishing communication networks . arranging for interchange of materials and services . reviewing the location of public library services . coordinating the selection of emphasis in materials selection • coordinating the coverage of subject fields 03 -53a ARTICLE II TERM The term of this amended Agreement shall commence on and shall continue in full force and effect until ternunated by the Members pursuant to Article VIII of this Agreement. ARTICLE III METROPOLITAN LIBRARY SERVICE AGENCY A. Creation. Composition and Appointins Authority. A joint powers library board, known as the Metropolitan Library Service Agency (MELSA), is established for the purposes contained herein with the powers set forth in this A�reement. The Boaulaf. MELSA shall consist of one representative from each Member. The Board of Commissioners of each Member that is a county shall appoint, by resolution, its representative to the Board. The mayor and city council of the City of Saint Paul shall select the City of Saint Paul's representative to the Boazd. The Minneapolis Public Library shall appoint the City of Minneapolis's representative to the Board. No representative may be an employee of any of the Members' library systems. B. Terms. Each representative to the Board shall be appointed for a three-year term. An incumbent representative shall serve until a successor has been appointed pursuant to the provisions of para�raph IIIA above. Removal of any representative with or without cause during the term for which the representative was appointed shall be done only by the appointing authority of the Member. No representative may be appointed to serve more than two consecutive three-year terms. C. Vacancies. If an appointment of a representative to the Board is vacated before the end of the term, the vacancy shall be filled by appointment by the same method as identafied in paragraph IIIA above for the remainder of the term. A vacancy shall be deemed to have occurred when any of the conditions specified in Minn. Stat. § 351.02 exist or if a representative who is an elected official fails to qualify or act as such offieial. D. President and Vice President. The Board shall elect a President and Vice President Erom its membership for one-year terms. The President shall preside at all meetings of the Board and shall perform other duties and functions as may be determined by the Board. The Vice President shall preside over the Board and act as the President in the absence of the President. E. Secretary and Treasurer. The Board shall elect a Secretary and Treasurer from its membership for two-year terms. The Secretary shall submit all minutes of Board meetings for approval by the Board. The Treasurer shall assist the President in overseeing the Board's budget and finances. In the absence of the President and Vice � o3-53e President, the Secretary shall preside over the Board. In the absence of the Secretary, the Treasurer shall preside over the Board. F. Meetin�s. The Board shall have regular meetin�s at such times and places, as the Board shall determine. Special meetin�s may be held on reasonable notice by the President and any two other Members upon terms and conditions as the Board may determine. The presence of the representatives from a majority of the Members at a meeting shall constitute a guorum. A majority vote of those present shall constitute a decision of the board. ARTICLE IV POWERS OF THE BOARD A. The Board shall have all of the poweY�s and duties of city and county libr�ty' boards as provided in Minn. 5tat. §§134.11, 134.12 and 134.13. B. The Board shall have the power to adopt and amend such bylaws that it may deem necessary or desirable for the conduct of the business of the Board. Such bylaws shall be consistent with this Agreement and any applicable laws or regulations. C. The Board shall have exclusive control of the expenditure of moneys collected for or placed to the credit of the MELSA library fund established pursuant to Article VI, and of interest earned on all moneys collected for or placed to the credit of such library fund. D. The Board may provide for the employment, discipline or discharge of personnel required to accomplish the putposes of this Agreement. For purposes of payroll, benefits administration and similar services, all personnel shall be deemed employees of a Member pursuant to a contract executed between the Board and the Member. E. The Board may enter inio any contract necessary for the exercise of its powers or the fulfillment of its duties, including contracts with library systems within and outside the seven-county metropolitan area. The Board may enter into any contract relating to the Agreement up to the amount approved in the annual budget and may authorize the President, or by resolution, his or her duly authorized representative, to execute such contracts. No payment on any invoice for services perfor[ned for the Board in connection with this A�reement shall be authorized unless approved by the Treasurer and one other officer. The Treasurer shall report to the Board any such payments at the next meetin� of the Boud. F. Consisten[ with applicable state 11w, the Board may apply for and accept gifts, grants, or loans of money, other propeRy or assistance from the United States 03-53� Govemment, the State of Minnesota, or any person, association or a�ency for any MELSA purposes; enter into any a�reement in connection therewith; and hold, use, and dispose of such money> other property or assistance in accordance with the terms of the gift, grant or loan relatin� thereto. G. The Board may disburse funds in a manner which is consistent with this A�reement and with the method provided by law for the disbursement of funds by the Members. ARTICLE V RESERVATION OF AUTHORITY All responsibilities not specifically set out to be jointly exercised by the Board under this Agreement are hereby reserved to the Mem�ers. -" ARTICLE VI MELSA LIBRARY FUNA A. Establishment. The MELSA library fund is established for the purposes contained herein. It shall include all money collected for or placed to the credit of the MELSA library fund and the interest on all such funds. All money received for the Board, if paid into the treasury of any Member, shall be credited to the MELSA library fund and kept separate from other money of the Member. B. Procedures. Money in the MELSA librazy fund shall be paid out only upon approval by the Board. C. Bud�et. The Board shall adopt an annual budget and shall file it with the library boards of all of the Members. D. Budaet and AccountinQ Services. The MELSA library fund shall be deposited in such bank or banks as may be determined by the Board in accordance with Minn. Stat. §118A. All disbursements from the MELSA library fund shall be made on warrants drawn by the Treasurer and one other officer of the Board. Altematively, the Board may contract with any Member to provide any and all budget and accounting services necessary or convenient for [he Board. In such case, all disbursements from the MELSA library fund shall be made on warrants drawn by the Treasurer but only after the Boazd has approved the claims to be paid. E. Accountability for Funds. All funds in the MELSA library fund shall be accounted for according to generally accepted accountin� principles. The Treasurer shall report monthly to the Board on all receipts to and disbursements 03-5 3a from the MELSA library fund and shall file a copy of the same with the library Boards of all of the Members. ARTICLE VII INDENINIFICATION AND CLAI�S FOR DANIAGE.S If the Board incurs any expense or liability as a result of a claim for damages the expenses and damages paid shall be assessed against and paid by eacfi Member in equal shares. Each Member hereby agrees to indemnify, hold harnzless and defend the Board, its officers, employees and agents of the ne�ligent or intentional acts or omissions of such Member, its officers, employees, and a�ents that resul[ in expenses or damages assessed to the Board. Nothing in this Agreement constitutes a waiver of the limitation of liability or immunities contained in Minn. Stat. Ch. 466 or any other relevant law. ARTICLE VIII WITHDRAWAL AND TERMINATION A. Withdrawal. Any Member may withdraw from this Agreement by giving writ[en notice to the Board at least six (6) months prior to the effective date of withdrawal. In the case of a Member that is a county, notice shall be a certified copy of a resolution of the Board of Commissioners indicating its intent to withdraw from this A�reement. In the case of a Member that is a ci[y, notice shall be a certified copy of a resolution or minutes of the appointina au[hority indicating its intent to withdraw from this Agreement. Upon receipt of notice, the President shall forwazd a copy to each Member. In the event of withdrawal, by any Member, this A�reement shall remain in full force and effect as to ail remaining Members. B. Effect of Withdrawal. Withdrawal by any Member shall not terminate this Agreement except as provided in Article VI, section C. C. Termination. This Agreement shall terminate upon the occurrence of any one of the following events: When enough Members withdraw pursuant to Section A so that, in the judgement of the Board, it becomes impractical to continue. 2. When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction. 3. When a majority of viembers a�ree to terminate the A�reement. D. Effect of Termination. Termination shall not discharge any liability incurred by the Board or by the Counties during the term of this Agreement. Upon a decision to 03-530 terminate pursuant to Section C, and prior to the effective date of termination, the Board shall wind up its business, including the prosecution and defense of any claims. Propercy or surplus money held by the Board shall then be distributed to the Counties in proportion to contributions of the Counties or as required by law. The Board shall approve a final report of its activities and affairs prior to the effective date of termination. ARTICLE IX �usc�LLAr�o�s A. Amendments. This Agreement may be amended only by unanimous written Agreement of the Members. B. Records Accounts and Reports. The Board shall establish and maintain such funds and accounts as may be required by go`od accounting practices. The books records of the Board shall be subject to the provisions of Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act) and Minn. Stat. § 16B.06, subd. 4. C. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. IN WITNES5 WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. 03-530 County of Anoka � Dated: ATTEST � Dated: APPROVED AS TO FORM � Dated: 03 -53 a County of Carver � Dated: ATTEST � Dated: APPROVED AS TO FORM I� Dated: 03 County of Dakota � Dated: ATTEST � Dated: APPROVED AS TO FORM � Dated: o3-53a County of Hennepin � Dated: ATTEST � Dated: APPROVED AS TO FORNI � Dated: t0 03 - 53a Cify of Minneapolis � Dated: ATTEST � Dated: APPROVED AS TO FORM : Dated: tl 03-530 County of Ramsey � Dated: ATTEST I� Dated: APPROVED AS TO FORM � Dated: t2 03 53a City of Saint Paul : t .!�`.� � 1�.�. . . �� I�i91i//i ' r �t _� �. -� .�� ATTEST : i.,. �� ii� �, �/ � �i��. I�/_' �� -. ' �r APPROVED AS TO FORM $y;_�,tiwt,f� � , r Ym.�-F Its: �i�nCo�� C,��c,a C.-C�/r�� / Dated: � " �� ' G v L3 d3-53� County of Scott � Dated: ATTEST � Dated: APPROVED AS TO FORM Dated: 14 °3 County of Washington � Dated: ATTEST � Dated: APPROVED AS TO FORM � Dated: ts SFNT BY:h�1SA I . .. : I' • � 2-20-97 ; 9�35AM ; ' � AN AGREE�NT -1 CREATING A'2�T�OPOLTTAH LTBRARY SERVICE AGENCY 9-'l9'LGti6U;� Y/ 5 a3-53Z� ," FtHEREAS, N,innesota Szatutes 471.59 anfihorizes two ox more govert,mental�units 'Co joia tagothor rto exercise jointiy any powe�s theq have u�der law; and •.; � �' WHEREAS; the provision of pubiio J.i.brary service� is one such poHar; and .' �REAS, it is the mutually held clesira o� the count{es aaa c:tie:t party to Yhis . agreement to"extend and improvo Yhe pubi3e li3razy service now baing provided it� � their raspective areas o� responsibility; and ' :, wHEREAS; it appears.that #hese sSms can reasonably be aceo7;,lished bq cressing a generaZ public.libr�ry agency jointiy among saa cou:�ti.es ana essi�s party hereto; . Now tberafore. be it agreed as follows: �� .. ' -�— I. P[SRPOSB , . l. The counti�s and•cities parCy hereto snall crea�c�.;oiZ�ly a publ:c libxary service•agency to,be as � • . . ' . Metro�olitan Library Serviea Ageacy'(:IELSA) which Shall have tne ganeral purposo or" improving public 1iSrary sarvice r:.'the :, ,, counties and cizies psrty �o t:�is a�reemen't� a:,d to cc,op�ra:e o:.d cool�dinate ' , tiDrary servico in ar.y xays daeme8 �,utnally sa:isfactory �ad e�=^opriaYa. S::ch " eooperation and coordiaa'Cion may eonaist oP but is not limi'ted.to: . . Uaion catalo;; or ca:aiogs •of •rea�ter:sls . • • � � • Communicetion ne:vorks . • . • • Arrangenencs for �e8e interchange materials and�service . ,: Reviesring the Ioeation of iibnxry acrvicc nuzle�ta „ ' The selection of emphases in materials selection . • .COoperative coverage of.siabjact fields . • s i. Any of rte ozher counties not party to tcis originai contracti, aY.c witi.i: :he sever.-county Tw�n Cities Me'Cropo2itun area, ms�r Dacome parties t� thi� consract kiy Pornal action o: their Aoards of County Co�sm:ysie�ners. 3. The or�anization created by this a�;-�ement shali have oniy such ar{tho.trity •over public libraries in ;,::� contrabting coun�ies subject to this agrceme�t 3S =�ay be dcl¢gated to it by such :.ibrarics by contracY or agreement. cxinsing indepand- ent librarins, not signatory �o tha a�reement, may Toin only ;hhrough particiPBt°_on ' in their established �cowsty or regional 13brary .,ys�em.`: � . . . _ . ; • : . . . . . �. . . . . .. . 0 c el_ � . . � . . � ., , . d , a SEN'f 6Y:�¢'J..SA T2. GOVERNNG BODY y 9-2926660:# 3/ 5 o3�3a �'• ' 1. Tho ssid publip library �orvica �gency as creat¢d by this a�reemen2 shali '� be governed by a 13braY�y a�ency board, (hereinaf�Cer re�erred to as Doard) havin� such powers as are granted to public library boards by Minnesota Sta�eutes � .' :. Sec. 375.33. The Baard sha].]. consist af one appointee from each of the signatories . to the agrcement, aone of crhom shail be employees oP librariea, appeinted in the �• :•manner indicaled. The.following shail be eligible: .. , . One member�sppointed by �ha County Co�arissioners of Anoka Couz�ty upon �� nomiha�tion by the Anoka County Library 8oard '' One member appointed bq tMe Counzy Conmissioners of Ftennepin County. upon • ilomination.by the Hennepin County Library Board Oae member appointed by tho County Commissioners•of Ramsey County upoza nomination by Yh'a Ramsey County Yublic Lxbrary Board Oho member appointad by the Library Board of tha Mianeapolis Yublia I,ibrary . � � "' One member appointed�by the Counry Commissioners of Dakota County upon nomination by the Dakosa Libz`ary Hoard •' . Oae member appointed by the.County Comm3ssioners of Scott CountJ�upoa •nomina�ion by the Scot�r Counzy Library Board '_ One membcr appo3nted by ti:e Commiseioner of Libraries, Auditoria aad Stadia of the City of St. Paul'. e One member appointed by the County Comnissioners of Washir,gton County upon nomination by the Washington Cou»'�y Library Hoard . One member appointed hy tke..Coi:nty Comnissior•ers oP Carver County e 2. At the Pirst $oard mestiZg after organi2zn�; accordin� to 2as+, the Bo=rd aha1,1 d�signate the terms oP its nembers so thu� the mEmbers terr.w shall av�rlap in sucn a way as to have approx3mately one-th3rd of the m�mbership terms ex�iring in eac1� o� the subseqUeut three ysars. .Afrer this, all subsoquant terms shall'ba Por three yeara�. � 3. No appointea �nay serve more than two consecufiive terms on the Hoard. ; 4. In the case o� vacaacies, said vacancies shall bo fillod by Lho original appointing authority and f4r the unoxpirod tmrm o� the mav,ber vacatit� membership. h . . . 6 ; 2-20-97 t 9:35AM : ' •' � . , . . _ _ n � . , _......_ „ 5ENT BY�I�¢LSA ; 2-20-97 ; 9�36AM ; � 9-2926fi60;# 4/ 5 IIT.'• FINANCING AND DTSnURSEMENTS OF PUNDS l. The Soaxd created by thic ins�xwrent shall hav� authority ever a11 monies credited: tc rhe library fund o£ this o•r�anization. This shall ineiude, but not ba limited zo, such state and fedei�al aids as �zy be made available to it, and any ci'Cy or county library Funds which'may be paid tio it under contractual o. servica agreemen��. Said Soard shal]. have the authority to accept gifts and grantE f priva�te iridividuals, organizations or groups. - ' � 2. Upon or�anization ef tho •Bo�rd, there shall ba elacted by and from its 'mcmbers, a PrnsidenT, a Vice-P a Sec.eta.�^y and a Tre85uz�cr. Cipon his election said Treasuror shall�do and p�rfq«m all tha duties aecessarily incideaf . to tha�t o,'fice as specifieaily set Porth hareiilaftcr. Sa3d Treasurar shall, before qualifying as such, furnish a suz�ty bond in such sum and amouat as �ay be fixed by �the Board, and tha costa oP�such bond shali be a p�per charga against the opsrating funds of tha organizatipn. 3. Said Treasurer shall keep due and 5'ti^ict accountir� of a11 monics coming into his hands for the usa of �the said lloar"d, and ha shall keep dua and s�rict • accountit� of ail disbursemeats from aaid fund, �rhich fund shaii be krsown as tha PIELSA Library Fund (hereinafxer call �thc Library Fund) and which shall ba depoe- ited in such bank or banks as may be determined � time 'CO time by 'the Hoard, . The Traasurer shall render to a�id IIoard monthiy statemonts of aecount, copies oa whicl� shall also ba filed with the member libraries. �t. A general opera�eing bud�et sha],1 be ;nade up yearly and 'naiazained as a. single bud�et. Said budget sha21 be arrived a� by consultaYioa anong cie�bers of ' the Doard, and shall be•filed by the Doard with the libraYy boards of the me;nDer • ].ibraries.. • • . 5. ASI operating expenses of rha Boa:d snaii be p:roper chargas agair.st xhe � operation and maintenance oP Me1c1 including, but not Dcix,t; limited to, g11 ° salaries and wages of per�onnal, purchase of• books and Equipment, rental or purchasa of land and/o� buildings, and any other p•roper 3.te:ns oP exper.se, anL • they shall bo.charged against and paid out of the Librazy.Fund. b. Any snd a11:'disburaemen;a from said Library Fund ahall he msde or. cheCk- aazmant w:�ich shall become a �zeQotiabie instxw7ent when si�ned by the Treesur,x and one other officar of the Board. A11. such diebursements shall be firsz spproved by the Baard, except tnat the'payment bf all wages and salaries of ragular2y � ra�ainod personnel, shall De paid regularly after, in the Pirst ins=ance, tha ^coard hac duly adop�ed a resolution authorizing the same and fixing the amouaY o` said salaries and wa�es. , , 7. Con iet and purchaees �ada by said Board shall conform to the requ3re�ments applicable �CO contracts and purchasss of any ane�pf the parGies as datexmined by tha 8oard. . _3- . . . .:... : ... .. . C• SENT BY�MEL.SA ; 2-20-97 ; 9�36AM ; � 9-2926660;# 5/ 5 . • ,�,V L�1lUV.LJJ.l1i�U <v.� ��.�C�qa.rv�.'..t�..i 0��5.3a 1. ihis a�reumont shall contiaue in �orce ur,Cil resciadcd by ac�:on c: the pzrties, but the eifec�tive period h.ruo�" shali bo for not less thari three yc�rs Trom xhe date horeof. Aftcr thsti:e (3) year� iroa �he effecciva datc o: :his 'Agrnement, any party may ternina'te i`.� participa�ion under aither of z}�e Poll.otring �provisions: � � . , a..'Hy givit�; notice fn writing �o the other parties at lea�t aix (6) months prior �o Yhe effective date of terminazion. b. By mu�tual ap,reement o� t8e paxt£es. 2. In the event Yhat all Dartia:� withdxaw and this agreemont becomes a nu2lity, assets.st�all be distributed in the :oilowin� manner: a. Assets acquired with ssata or fede.sl aid �unds shaii be re�.uned to tha State Saard of Education Eor dicposition as rr,ay bo dezermineG by r,a,id State Boarcl, and . ��b. The remainder sht�ii be div:Ge4 amon� che parties heroto ir. tine rospeczive .: proportioii o; each .party's �eotal aontribution to tha library f�irid of this , . orgauizat3on. , V. OTY.ETt YROV2SIONS l. Said Doard� and its�personnel hired to administer and ope.a;.� t3-,e pub2io . library service herein provided sor, sha11 be i^esponsihle to see That al:, a.e�s ehall receive their Full. and due �hnre o�F af�entioa and servi,ce, and �ha� in all ' areas to which the Boand is responsibie, the services shall be encouraged Yo grow along with all the o�Cher �ervices o� the library sqstem. And, further, it is the full intention of all concerned to involve the agency herein craa�ed ta :he fullest extent possible vith any sys2em or method of intar-lihrary cooperation estahlished in or availablA �CO libraries iri tho State of Minnesota. . 2. The library agency created by �his a�eemen�t shall have the auzhority to contraet with regard to,service with 3ibrar�es 'of all kinds, both in and ouz- 'side tha sevaa-count^y Twin City rfetropolitan Ai+c:a, at the• di�sera�ion. of =he Board. VI. APPkOVAL ANt3 E}CGC�UT'TON This Agreement shall becoma effeoYive upon approval by any three appoin:ing ` hodies liyted in II 1. above, and upon execu'tion on behalf o� such'bodios by :ha . peraon desi �y such appointing body in the rosoluti.on granting said approval.�•� � � County T , - gq_ - • ��tt?Y�IaC��c�3� ' � � �-4- ... .. . .. . .. ; � ., ... . . . .. ._,.