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3428 To authorize a Memorandum of Understanding with The Tillsonburg Library BoardTHE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3428 A BY-LAW to authorize a Memorandum of Understanding with The Tillsonburg Library Board. WHEREAS The Town of Tillsonburg is desirous of entering into a Memorandum of Understanding with The Tillsonburg Library Board.; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT Schedule "A" attached hereto forms part of this by-law; 2. THAT the Mayor and CAO be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 14th DAY OF June, 2010. D AND FINAL TIME AND PASSED THIS 14th DAY OF June, 2010. MAYOR -Stephen Molnar k CLERK -Michael Graves MEMORANDUM OF UNDERSTANDING Memorandum Of Understanding made this 28 th day of June 2010, between the Board of the Tillsonburg Public Library of the first part and The Town of Tillsonburg (hereinafter referred to as the "Town"), of the second part. GENERAL a) The Library Board and the Town are dedicated to ensuring that the citizens of Tillsonburg and area obtain the highest level of access, utilization and support of intellectual endeavours through the Public Library. b) This Memorandum of Understanding pertains to the payroll and personnel related functions, security, and maintenance of the Library. It also exists to a clearly define the roles of the Board and the Town. The Library Board has ultimate responsibility for the Library, however the Town, through the Management Term, acts as a full participatory partner, ensuring potential liability exposures, relating to the facility, are addressed. c) It is the desire of all parties that the Library Board continue to exercise authority in the operation of the Library as outlined in the Public Libraries' Act and compliant with this Memorandum, where the Act allows. d) As stated in the Public Libraries' Act, the role of the Board is governance, meaning the Board is accountable for its actions and is the legal authority for the Library. The responsibilities of the Board include: defining the purpose and determining the direction of the Library; hiring the Chief Executive Officer (CEO); delegating authority and providing resources to the CEO for the day to day operations of the Library; and communicating regularly with its funding body, the Town Council. PERSONNEL a) The Town agrees to be responsible for payroll and the administration of employee salaries, benefits and insurance. Library employees shall adhere to the Town's Human Resource policies, including the timing of payroll processing, the timing of wage increases, compliance with the salary grid and benefits, compliance with the Personnel Policy and adherence to the performance appraisal process, unless mutually agreed upon changes occur through the annual Business Plan and Budget process. b) The Library Board agrees to submit to the Town, related recommendations through the annual Business Plan and Budget process or such other time as mutually agreed upon and as circumstances warrant. c) The Town agrees to appoint a senior member of its Management team to facilitate, along with the CEO, the Memorandum of Understanding. d) In the event of hiring a new CEO, the Chair of the Library Board and two other members of the Board and a Town appointed representative, shall comprise a Selection Committee for the purpose of interviewing candidates and making hiring recommendations to the Library Board. The wage rate recommended shall be discussed in advance with the representatives of the Town Council to ensure adherence to the Town's personnel related policies. SECURITY a) All entrances to the Library shall be capable of being locked and secured. b) Keys to all entrances and rooms within the Library shall be in the possession of the Library's CEO. The town shall provide whatever keys may be deemed necessary in the interests of maintenance, emergency requirements and general security. Personnel designated by the Town shall have regular access to the Library for maintenance, caretaking and repair purposes. c) Authorized staff of the Town may enter the Library for the purpose of showing the facilities to visitors, provided there is no interruption or interference with activities in progress and upon providing as much advance notice as possible to the CEO. MAINTENANCE, REPAIR, CARETAKING OF THE LIBRARY BUILDING a) The Town shall be responsible for the regular cleaning of the Library. b) The Town shall be responsible for the general maintenance and repair of the building and any general or specialized areas for cleaning requested by the Library. c) Painting, decorating and furnishing decisions shall be made by mutual agreement between the Library Board and the Town. d) The Town shall be responsible for heating, utilities and insurance on the premises and for any major repairs. e) The Library Board may fundraise for any major capital expenditures ANNUAL BUSINESS PLAN AND BUDGET a) The Library Board shall be responsible for annually submitting, for approval, the Library's annual Business Plan and Operating and Capital Budget to the Town Council through a designated member of the Senior Management Team. This recommendation shall meet the due date and be consistent with the communication from the Town. b) The Town shall be responsible for reviewing and adopting the Business Plan and Budget and reserves the right to amend the Plan or Budget to meet the overall Goals and Objectives of the Town. Any changes shall be made in consultation with the Library Board. c) The Library Board shall be responsible for adhering to the Business Plan and Budget and report to the Town Council through a designated member of the Senior Management Team. Any significant variances shall be identified and explained to Council through a quarterly reporting process. TERM This Memorandum of Understanding shall be in effect from the date of signing and shall remain in force for a period not to exceed five years from the date of signing at which point the agreement shall be reviewed. This agreement may be amended at any time by mutual consent of the parties.