AGREEMENT BETWEEN
AND
Agreement made this _______
day of ________________, 2009 between Rapid City Area School District 51-4, a
public school district organized under the laws of the state of South Dakota (hereinafter referred to as the “District”)
and the Rapid City Public Library Board of Trustees, (herinafter referred to as
the “Board”).
RECITALS
A.
The District
and Board have operated a joint school-public library at the
B.
The Board and
District are desirous of continuing the operation of a satellite public library
facility in the
AGREEMENT
Space:
1. The district agrees to provide the school’s
library for the Board’s operation as a public library facility when not in use
as a school library. It is acknowledged that the library collection of the
2. The Board acknowledges and agrees that it will provide
the following equipment and technology:
Computer(s)
for circulation system, receipt printer(s), copier/printer, and other equipment
to be determined upon a needs
assessment completed by Rapid City Public Library.
Hours of
Operation
3. The District and Board acknowledge and agree that
the hours for operation of the
library have been agreed to as have
the arrangements for patrons checking out District and/or Board library
collections. It will be a cooperative effort between the District and the Board with regard to the operation and
tracking of the various collections as they are checked out by the patrons.
Utilities/Maintenance
4. The District shall determine and provide for all
maintenance needs and will pay the costs of maintenance and utilites for the
building. It is agreed that the Board will pay its actual pro rates shar of
utilities and costs of a custodian and related benefits provided to said
custodian. The costs will be reconciled on a simi-annual basis, operating ona
calendar year of January1-December 31.
5. Maintenance of equipment will be the
responsibility of the entity owning that equipment
Term:
6. The term of this agreement will be ongoing,
commencing January 1, 2009. The
agreement may be terminated by either party with six months written notice
provided to the other party.
Hold Harmless:
7. Each of the parties acknowledges and agrees that
they will be responsible for the acts or omissions of their own employees and
that neither of them shall be responsible for the acts or omissions of the other party’s employees and specifically
agree to hold one another harmless in that regard.
Employees:
8. The Board shall provide all of the staffing and
employees necessary for its share of the library operation and the District
will provide the necessary employees for its operation of the Rapid City Area
School District Library. The employees of each party shall not be construed in any fashion or form to
be employees of the other party, and are exclusively the employee of the party
that is providing their employment and paying their salary.
Applicable Law:
9. This agreement is bound by the laws of the state
of South Dakota.
Intergration:
10. The parties agree that this agreement constitutes
the entire agreement between the parties
regarding its subject matter and that there are no other oral or collateral agreements or understandings of any kind or
character as to the subject matter of this agreement.
Amendments:
11. This agreement may only be amended by mutual
agreement in writing by both the District
and Board. Any such amendment shall be considered part of the original agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the ____ day of ________________, 2009.
By:
________________________________________________________________________
Its:_________________________________________________________________________
By:
_____________________________________________________________________
Its:
_____________________________________________________________________