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3156 To authorize an agreement between the corporation of the town of tillsonburg and the tillsonburg library boardBY-LAW NUMBER 3156 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG AND THE TILLSONBURG LIBRARY BOARD WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement with the Tillsonburg Library Board. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" and forming part of this By-law between the Corporation of the Town of Tillsonburg and the Tillsonburg Library Board is hereby approved; 2. THAT the Mayor and Clerk 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 9" DAY OF MAY, 200.5. READ A THIRD TIME, SIGNED, SEALED AND NUMBERED 3156 THIS 24t" DAY OF MAY, 2005. r MAYOR -Stephen Molnar CLERK -Michael Graves MEMORANDUM OF UNDERSTANDING MEMORANDUM OF UNDERSTANDING made this 24th day of May, 2005 BETWEEN: The Board of Directors of the Tillsonburg Library, OF THE FIRST PART AND The Town of Tillsonburg, hereinafter called the "Town" OF THE SECOND PART. GENERAL i) This Memorandum of Understanding pertains to the administration, management, operation, use and maintenance of the library. ii) It is the desire of all parties that the Library Board continue to enjoy and exercise authority in the operation of the library in accordance with the terms of this memorandum. iii) The role of the Library Board is governance, meaning the Board maintains the accountability for actions taken by the library and is the legal authority for the library. Job responsibilities of the Board include defining the library's purpose and direction; delegating authority and providing resources to staff to run the library; act as a bridge between the library, Municipal staff, Council, and the community; report on the library's effectiveness; and practise good governance. PERSONNEL i) The Town agrees to facilitate the provision of expert full and part-time staff to work with the Library Board and the library staff as hired under sections (vi) and (vii) below, as approved annually through the Business Plan and Budget process. ii) The Town agrees to carry out all payroll and personnel related functions, employee salary, benefits and insurance administration. The employees working at the library will follow Town related HR practises, including timing of any increases, timing of payroll processing, compliance with the Personnel Policy, benefits, comply with the salary grid, adhere to the performance appraisal process, etc, unless mutually agreed upon changes occur through the annual Business Plan and Budget process. iii) The Library Board agrees to submit to the Town personnel related recommendations through the annual Business Plan and Budget process or such other timing as mutually agreed upon and as circumstances warrant. iv) The Library Board (or such committee as is designated) agrees to complete an annual performance appraisal of the Library CEO and such appraisal will be reviewed with the Director of Community Services. V) All matters concerning the day-to-day operation of the library shall be the responsibility of the Library Board and the Library CEO shall .jointly report to, and be under the direction of, the Library Board and the Director of Community Services. vi) In the event of hiring replacement personnel for the position of CEO, the Town's Director of Community Services, the Chair of the Library Board, and two other Library Board selected individuals shall comprise an Interview and Selection Committee for the purpose of making a selection recommendation for the incumbent position. The wage rate recommendation will be discussed in advance with the Directors of Community Service and Finance to ensure adherence to the Town's personnel related policies. vii) In the event of hiring replacement personnel for other positions within the librarv, the Library Board will notify the Director of Community Services of the vacancy. The Director will ensure the position is posted internally in accordance with the Town's Personnel policy. The Library Board will form an Interview and Selection Committee for the purpose of filling the incumbent position(s). The wage rate recommendation(s) will be discussed in advance with the Directors of Community Service and Finance to ensure adherence to the Town's personnel related policies. SECURITY All entrances to the library shall be capable of being locked and secured. ii) Keys to all entrances and rooms within the library will be in the possession of the Library CEO. The Town will be provided whatever keys may be deemed necessary in the interests of maintenance, emergency requirements and general security. Personnel designated by the Town will have regular access to the library for maintenance, caretaking and repair purposes. iii) Authorized staff of the Town may enter the library for the purpose of showing the facilities to visitors, provided there is no disruption or interference with activities in progress, and upon providing as much advance notice as possible to the CEO. MAINTENANCE, REPAIR, CARETAKING, ETC. i) The Town will be responsible for the regular cleaning of the library if and when the Board terminates the contract with Darryl Coles. ii) The Town will be responsible for general maintenance and repair of the building, and any general or specialized areas of cleaning requested by the library. iii) The Library Board will advise on the painting, decorating and furnishing of the library by mutual agreement with the Town concerning colors, style and layout, etc. iv) The Town will be responsible for heating, utilities and insurance on the premises, and for any major building repairs. V) The Library Board may fund raise for any major capital expenditures. ANNUAL BUSINESS PLAN AND BUDGETS i) The Library Board will be responsible to annually submit to the Director of Community Services and/or Senior Management and recommend its approval, in a format and due date that is consistent with the communication from the Town, the annual Business Plan and Operating and Capital Budgets. ii) The Town is 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 are made in consultation with the Library Board. iii) The Library Board is responsible to adhere to the Business Plan and Budget and through the Director of Community Services, ensure all significant variances are identified and explained to Council through the quarterly report process. 1IOU:´┐ŻUI This memorandum of understanding shall be in effect from the date of signing and will remain in force until either party notifies the other of a change or not to exceed five years from the date of signing at which point the agreement will be reviewed This agreement may be amended at any time by mutual consent of the parties. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first above written. SIGNED, AND DELIVERED in the presence of: TILLSONBURG LIBRARY TOWN OF TILLSONBURG CHAIR OR CLERK