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COUNCIL - AGENDA ITEM - 12/04/2007 - SECOND READING OF ORDINANCE NO. 139, 2007, APPROVI
ITEM NUMBER: 8 AGENDA ITEM SUMMARY DATE: December4, 2007 FORT COLLINS CITY COUNCIL STAFF: Marty Heffernan SUBJECT Second Reading of Ordinance No. 139,2007,Approving an Intergovernmental Agreement Between the Fort Collins Regional Library District, Larimer County and the City of Fort Collins. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY The Fort Collins Regional Library District (the District) was approved by the voters in November of2006 and funded with three mills of property tax. The District Board of Trustees was selected and ratified by the Council and County Commissioners. The District, City and County entered into an Interim Intergovernmental Agreement in July of this year. Under the IGA the City continued to operate the libraries on behalf of the District and at District expense. The Interim IGA set a goal of transferring library operations to the District by January 1,2008. This Ordinance was unanimously adopted on First Reading on November 20, 2007 and approves the final IGA between the District, Larimer County and the City of Fort Collins. Changes to the IGA between First and Second Readings include: 1. Provision for Latimer County to take formal action to establish the District. 2. As Council requested, language was added specifying that the selection of new District Trustees would continue to be done by a committee of two Councilmembers and two County Commissioners. 3. Clarifying City library impact fee revenues will be used to complete the Southeast Branch Library project, the facility will be conveyed to the District upon completion and will be used by the District as a library. 4. Clarifying the Branch Library will be constructed according to current plans, with any reduction in value or quality requiring agreement of the City and the District. 5. Ensuring the District has input into the operational agreement between the City and Bayer Properties regarding the Branch Library. Please note the Library District is in the process of reviewing the proposed changes to the IGA. The District or City staff will confirm the District's agreement with the changes, or highlight any unresolved issues prior to Council action on this item. There are also two changes to the Ordinance on Second Reading, shown in redline and strikeout. The first change clarifies that the conveyance of Library Park to the District would be with the December 4, 2007 -2- Item No. 8 restriction that it be used for library purposes, including possible expansion of the Main Library. The second change adds a new Council finding that the conveyance of Library Park to the District is in the best interests of the City, even if the District ultimately does not use the Park property for expansion of the Main Library. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary-November 20, 2007 2. Revised draft of the Final IGA. ATTACHMENT 1 ITEM NUMBER: 25 AGENDA ITEM SUMMARY DATE: November 20, 2007 FORT COLLINS CITY COUNCIL �4FF: Marty Heffernan SUBJECT � First Reading of Ordinance No. 139, 2007, Approving an Intergovernmental Agreement Between the Fort Collins Regional Library District, Larimer County and the City of Fort Collins. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT Under the terms of the Interg ernrn 1 Agr GA ty-owned assets used to provide library services will be transf d to istri ese asset nclude: the Main Library; most of Library Park; the Southeast Bran Libr , righ o use armony Library; Building on Basics Library Technology funding;Library Capital Improvement Expansion(Impact)Fee revenue;library books,media and other materials,library shelving,furniture,technology and other personal property. The aggregate replacement value of these assets is estimated to exceed thirty million dollars. EXECUTIVE SUMMARY The Fort Collins Regional Library District (the District) was approved by the voters in November of 2006 and funded with three mills of property tax. The District Board of Trustees was selected and ratified by the Council and County Commissioners. The District, City and County entered into an Interim Intergovernmental Agreement in July of this year. Under the IGA the City continued to operate the libraries on behalf of the District and at District expense. The Interim IGA set a goal of transferring library operations a isot yene'oonedet The Trustees and the Council ed u to he details of the final IGA and the full Council and the Board of Trustees ave rable time formulating an agreement that best meets the needs of all parties and the community. The essential elements of the Final IGA include: • Transferring ownership of the Main Library and much of Library Park to the District. • Conveying the new Southeast Branch Library to the District upon completion. November 20, 2007 -2- Item No. 25 • Assigning all of the City's rights and obligations under the Harmony Library agreement with Front Range Community College to the District, with approval of the College. • Remitting the Building on Basics (BOB) library technology revenues to the District to be used for voter approved es • Conveying to the Distri ooks, iam is r s,technology,shelving and other personal property used the Chi to pr i library s ces. • City ownership of the Po re r ies,u mbered by Building Community Choices (BCC) restrictions. • Use of remaining 2007 library impact fees and earned interest for completion of the Southeast Branch Library. • Continuation of City library impact fees in 2008 at least until completion of the Southeast Branch Library and use of the 2008 fee revenues for completion of the branch library, if needed. • The City retains ownership of the Carnegie Building and parking area at Mathews and Olive. • Lease of buildings at Mountain and Howes to the District for library operations. • Availability of City support services(HR,accounting,payroll,risk management,purchasing, IT, facilities maintenance etc.)to the District at District expense. • Selection of future Trustees according to State law procedures (ratification by 2/3 majority of Council and County Commissioners.) • Transfer of library operati sand Cit library employes to District employment by December 31, 2007. BACKGROUND In November 2006,voters approved the formation of the Fort Collins Regional Library District and provided three mills of property tax to fund it. A committee comprised of two Councilmembers and two County Commissioners selected the District Board of Trustees who were ratified by the full Council and the Commissioners. State law requires the parties to enter into an intergovernmental agreement within 90 days of the ratification of the Trustees. The City, County and District entered into an Interim IGA in July to meet the State requirement. The Interim IGA continued library services through the City on behalf of the District at the District's expense. The Interim IGA also established a goal of transferring management and operation of library services to the District by January 1, 2008. The Final IGA addresses all of th s as iate h an of library operations from the City to the District,as outlined' the E e tive m e n ove. Adoption ofthe Ordinance approves the terms of the IGA d auth 'zes t to si the agreement. A summary of the issues addressed in the IGA include: • Harmony Library The City has an agreement with Front Range Community College to use the Harmony Library building for 50 years,beginning in 1996. FRCC owns the building. The City does not pay rent. The library is operated for the benefit of the students and the community. The City may assign its rights November 20, 2007 -3- Item No. 25 and obligations under the agreement with the consent of the College. The IGA provides for this assignment and the College has given its consent. This means the District takes the City's place and will operate Harmony library in partnership with the College. • Southeast Branch Li ry The City has entered into an agre wit er P erties a construction of a 17,000 square foot branch library on the second floor of an attractive, centrally located building in Bayer's Front Range Village retail development near Ziegler and Harmony roads. The IGA provides for the conveyance of ownership of the branch library from the City to the District upon its completion. The transfer will be conditioned on the building being used as a library. • Poudre Creamery Properties In April 1997, voters approved the Building Community Choices (BCC) capital program, which included 2.3 million dollars to acquire land for a new library and for design services. The City used the BCC funds to acquire the Poudre Creamery (northwest corner of Laporte and Howes) and adjacent properties. The District does not believe the Creamery properties are suitable for a new library and the City wants to retain ownership of the properties. Instead of using the Creamery properties as a new library siteCad rict i interested in ex andg the Main Library and wishes to obtain ownership of LibrryUnder the IGA, the District wih re e ropertie o the City in exchange for most of Library Park(excluding the Carnegie Building,courtyard and grounds,and playground). If the value of the Creamery Properties exceeds the value of Library Park, the difference will be paid by the District to the City in exchange for the conveyance of the Main Library Building to the District. In turn,the City will give the District BCC funds in the same amount as the District paid for the Main Library. The District must use the BCC funds for the purposes authorized by the voters. The District will use Library Park for expansion of the Main Library and for other library purposes. The District will cooperate with the City to allow public use of the park and to schedule and allow events and other public activities in Library Park not incompatible with library operations. The District understands and accepts the current restriction on Library Park requiring voter approval before additional park ground can be developed. • Main Library The District may become th owner the ai ?Yn ng as part of the transaction exchanging Library Pazk fort Poudrae ream ve. If conveyance of the Main Library is not needed to comple exc thy the Main Library building to the District without charge. • Carnegie Building The Carnegie Building(current home of the Fort Collins Museum)will remain in City ownership. The Museum plans to relocate to a new Museum/Discovery Science Center facility in a few years. If the District determines it needs the Carnegie Building for expansion of the Main Library,the City November 20, 2007 -4- Item No. 25 will work with the District in good faith on the possible transfer of the building to the District after the Museum relocates. • Mathews/Olive Parkin The City owns property on the uthw orn f athews d Olive used as a parking lot. The City will retain ownership of thi erty.�"-T to urrenti en for public parking and library staff and patrons may continue to use it for that purpose. The City may sell, develop or change the use of the property in the future. • Mountain/Howes Buildings The City will retain ownership of the buildings on the northeast corner of Mountain and Howes. The buildings are currently used by the library for technical services and for the Friends of the Library. The property was purchased with BCC funds as a site for a new performing arts center. The City will lease the buildings to the District on a year to year basis for a dollar a year. The District will cover all expenses associated with the property. The lease can be terminated upon six months notice. If the City terminates the lease and other City owned property is available and suitable for library needs, the City will work with the District to make the property available for District needs on the same lease terms as the Mountain/ owes le e. An needed repair or renovation would be at the District's expense. • Library Capital Impr m t a ro Impact ees The City has collected a library impact fee on new residential development since 1996. This one- time fee is used to buy books and materials and build library space to offset the impact of new residents on library services. The fee averages S459 per residential unit. Annual fee revenues in 2001 exceeded $700,000 but dropped to under $300,000 in 2006 and 2007 due to a slow down in residential construction. Fee revenues have been used primarily to fund the construction of the Southeast Branch Library. The IGA continues the library impact fee at least until completion of the Southeast Branch Library project. At that time Council will determine if the fee will continue or terminate. Fee revenues will be used for the benefit of Cityresidents.Larimer County is interested in creating a companion library impact fee on residential construction within the District boundaries that do not pay the City fee, with revenues benefiting those residents. • Library Technology ndmg The voters approved the Building asics) Ptalpro m 2005 and provided$5,950,000 in sales tax revenues for library technology. The IGA provides for these funds to be given to the District in eight equal annual installments beginning in 2008. The District must use the funds to provide library technology primarily for the benefit of City residents. November 20, 2007 -5- Item No. 25 • Selection of Future Trustees State law (C.R.S. 24-90-108) provides that future Trustees are appointed by ratification of a 2/3 majority of Council and 2/3 ' Yi i1i ssers. The IGA provides that appointment of future Trustee ill bef aw.. • Support Services The City provides a variety of support services to City departments including: human resources; payroll; accounting; risk management; purchasing; information technology; and facilities maintenance. The IGA provides that the City will make these services available to the District and the District will pay the City's cost in providing the services selected by the District. • Transition of Staff and Operations The IGA provides that City library staff will become employees of the District effective December 31, 2007 and will no longer be City employees. The District is offering positions to all current library employees. Under the IGA,library services will be provided by the District and not the City beginning December 31, 2007. ATTACHMENTS 1. Draft of the final IGA. A. Fort Collins Regional Library District Intergovernmental Agreement Page 1 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 INTERGOVERNMENTAL AGREEMENT AMONG FORT COLLINS REGIONAL LIBRARY DISTRICT CITY OF FORT COLLINS, COLORADO AND THE COUNTY OF LARIMER, COLORADO RECITALS a. The voters within the boundaries established .. for the Fort Collins Regional Library District (the "District") approved its formation and alevy of 3 . 0 mills on all property within the District at the general election on November 7 , 2006. b. The "legal service area" of the District defined in §24-90- 103 (4. 5 ), C . R . S . , consists of all property located in Larimer County which is within the boundaries of the Poudre R- 1 School District as well as any property that is outside the boundaries of the Poudre R- 1 School District but within the City Is Growth Management Area, and excluding any properties located in the Town of Wellingrton, the Red Feather Lakes Library District, or the Estes Valley Library District, at the time of formation. C . Pursuant to §24- 90- 107(3 )(g), C . R. S. the City of Fort Collins, Colorado (the "City") and Larimer County, Colorado (the "County") were required to "forthwith establish such library and provide for its financial support beginning' on or before January 1 of the year following the election." d The istfict was established i der the previsions of §24-.00 W) 7tIV . N, 0 D C UX Dor d�. .+ : .v 2006 118 'orlth the City of For Collins Zadopted November- 21 , 2006 and , On November 21 , 2006, the Council of the City of Fort Collins passed Resolution 2006- 118 establishing the District pursuant to § 24- 90- 107( 3 )(g), C .R . S . , and it is anticipated the County will take similar action at the same time that it approves this Agreement. e . Pursuant to §24-90- 108( 1 ), C. R. S . , as amended, the City and the County appointed a seven-member board of trustees in which the management and control of the Library District has been vested. The first meeting of the Fort Collins Regional Library District Board of Trustees (the `Board of Trustees") was held on March 7, 2007. A list of the appointed Trustees and their elected officers is attached as Exhibit A. f. Pursuant to § 24- 90- 107(3)(h), C. R. S . , the City, the County and the Library District are required to enter into an intergovernmental agreement within ninety days of the appointment of the board of trustees that "shall set forth fully the rights, obligations, and responsibilities, financial and otherwise, " of the City, the County and the Library District. R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 2 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 g. Pursuant to § 24-90- 107(3 )(h), C. R. S . , the parties entered into that certain Interim Intergovernmental Agreement ("Interim IGA"), which agreement provided that the parties will make best efforts to negotiate mutually acceptable terms for, approve and execute a "Final IGA" by October 1 , 2007, with the goal of transferring management and operation of the City Library from the City to the Library District on January 1 , 2008. h. The parties desire to enter into this Intergovernmental =Agreement as the final Intergovernmental Agreement contemplated in the Interim IGA (" Agreement") to ensure that the transfer to the Library District of assets and liabilities held by the City or the County for the benefit of the former Fort Collins Public Library (the "City Library") , including all real and personal property, be effectuated in a manner that serves the best interests of the citizens of the Library District, the City and the County. 1. This Agreement shall replace and supersede the interim IGA in its entirety . NOW, THEREFORE, the City, the County and the Library District agree that their rights, obligations, and responsibilities are as set forth in this Agreement . AGREEMENT ARTICLE is OBLIGATIONS AND RESPONSMILIT ES OF THE LIBRARY DISTRICT Section 1. 1 General Obligations. The Library 'District shall operate, provide, and maintain public library services for citizens residing within its Service Area in a manner consistent with the Colorado Library Law, § 24-90- 101 , et seq. , C . R. S . , as amended, this Agreement and the bylaws and policies of its Board of Trustees . Section 1 .2 Powers of Trustees. The Board of Trustees shall have all powers and duties delegated to it under §24- 90- 109, C .R. S . , as amended from time to time . Section 1 .3 Reimbursements for City and County Services. [NEED TO VERIFY SUMS] Section 1 . 3. 1 For services provided during calendar year 2007, the District has paid : a. the sum of $36, 379 . 44 to the County for the cost of the 2006 election as required by §24-90- 107(3 )(i), C. R. S . on or before August 1 , 2007: and, b. sufficient funds to the City to reimburse it for costs associated with the operations of the City Library from January 1 , 2007 through R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 3 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 midnight, December 31 , 2007 up to and including the sum of $4, 065 , 756 already appropriated by the City for library services ; and C . the City for any additional services, personnel, materials or equipment requested by the Board of Trustees before December 31 , 2007 in writing for the growth, expansion or improvement of library services already provided by the City Library. Section 1.3.2 For calendar year 2008, the District will pay the City to provide the District with the support services described in Section 2 . 1 ARTICLE IIe OBLIGATIONS AND RESPONSIBILITIES OF THE CITY Section 2. 1 Support Services. During calendar year 2008, the City will provide administrative and support services to the District at cost . For the 2008 Calendar year these services shall include the following services and costs [NEED VERIFICATION OF SUMS] . In purchasing these services, the District intends to follow the City ' s policies and procedures. Where the City Manager or City Council has the authority to make exceptions to policies and procedures on behalf of the City, the District Director or Board of Trustees, respectively, will have the same authority to make exceptions to these policies and procedures on behalf of the District. a. Accounting and Accounts Payable Services . . . . . $60, 510 b. Payroll Services . . . . . . . $9625 C . Human Resources Services 1 General $69142 3 2 . Training . . _ . . . . . . $22, 325 3 . Benefits . . . . . . $ 13, 958 4 . Wellness . . . . $24, 894 Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 130, 600 d. Risk Management Including Insurance Coverage . . . . . $41 ,021 e . Purchasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2400 (est. ) f. Information Technology 1 Fixed Costs (messaging, internet etc . ) . . . . . . . . . . $73, 335 2 . Variable Costs (network services and support) . . . . . $ 14, 200 R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 4 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 g. Facilities Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $24, 000 (est. ) These services that are available to the District are described in more detail in Exhibit B (the "City Support Services"). Section 2. 1 . 1 The City will provide any or all of the City Support Services to the District at cost as defined in Exhibit B, for years subsequent to ,2008, so long as the City is providing those same services to its own departments, upon written notice of the desired services from the District on or before August 1 of the year preceding the year for which services are sought. Section 2. 1.2 The City may terminate the City Support Services at the beginning of any fiscal year after at least one full year ' s notice to the Board of Trustees of its intention to do so . Section 2. 2 Library Finances. The constituents of_the District approti ed a 3 . 0 mill levy to support the District. The City has secured several additional sources of revenue that are restricted for library services only. Section 2. 2. 1 Public Library Fund . Pursuant to § 24 -90- 112(2)(a), C. R. S . , as amended, all moneys generated for library district purposes shall be delivered to the custody of the City Chief Financial Officer and credited to a special fund known as the "Public Library Fund . " a. Pursuant to § 24-90- 112(2)(a), C . R . S . , as amended, all moneys in the Public Library Fund, together with all interest income that accrues thereon, shall continue to be used only for library purposes at the direction of the District. Individual expenditures must be made only in accordance with the District' s bylaws, and after adoption of an approved budget. b. Pursuant to § 24-90412(2)(a), C. R. S . , as amended, effective December 31 , 2007, money held in the Public Library Fund shall be expended only upon approval by the President of the Board of Trustees or his or her designee as established in the District Finance Policy. c. The Board of Trustees of the District may require the City Finance Director to transfer all or a portion of the Public Library Fund into the custody of the Board of Trustees pursuant to § 24-90- 112(2 )(c), C. R. S . , as amended. However, in the event the Board of Trustees does so, it shall carry a bond for such purpose, make monthly R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 5 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 accountings and cause an annual audit to be performed as required by law. Section 2. 2.2 `Building on Basics" The "Building on Basics" (BOB) capital program provided $5, 950, 000 for library technology. Through this program the City Council expects to appropriate annual payments of $744,000 for library technology, including computers, software, databases and technology maintenance, to be made in the first quarter of years 2008 through 2015 . The City will deposit all BOB library technology payments (including interest thereon) into the Public Library Fund, to be used by the District for the purposes approved by the voters in the 2005 election. An accounting of the BOB library technology program is attached as Exhibit C. An accounting of BOB receipts will be provided to the District on or before August 1 of each year to allow the District to maintain a reserve of restricted funds. Section 2. 2.3 Capital Improvement Expansion Fee/Library Impact Fee. The City currently collects a Library Capital Improvement Expansion Fee pursuant to Section 7. 5 - 27 of the Code of the City of Fort Collins ("City Impact Fee" ) . The proceeds from the City Impact Fee are deposited into a separate account within the City ' s capital improvement expansion fund called the "library capital improvement expansion account" (the "Account"). A schedule of historical impact fee activity is set forth in Exhibit D. The District desires the City to continue to collect the City Impact Fee, as the District believes City Impact Fee revenues are critical to facilitate library capital expansion. It is the City' s intent to continue to impose. the ` City Impact Fee at least until the Southeast Branch Library is constructed in accordance with Section 4 . 2 . 2 and fully paid for by the City. Section 2.2 .3.1 The City has previously appropriated $5, 979, 613 . 00 from the Account to be spent on construction of the Southeast Branch Library. Section 2.2.3.2 The existing unappropriated balance of the Account and City impact Fees collected after December 3 1 , 2007 ( including interest thereon), will be used by the City to pay for completion of the Southeast Branch Library pursuant to Section 4 . 2 . 2 . Section 2.2.3.3 Following final payment for the Southeast Branch Library by the City, the City Council will consider, after consultation with the District, continued imposition of the City Impact Fee and remittance of such revenues to the District. If the City Impact Fee is continued, details of the calculation, application and expenditure of such funds and other issues would be addressed via a separate intergovernmental agreement between the City and the District, to be entered into pursuant to Section 29- 1 - 203 , C. R. S . R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 6 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 Section 2.2.3.4 Any revenue remaining from the City Impact Fee following completion of the Southeast Branch Library will be transferred to the Public Library Fund and must be expended only on new capital improvements, located within the City of Fort Collins, as designated in the District 's Strategic Plan (as defined in Section 4. 1 , below), and only to the extent necessary to offset new development by providing and maintaining for the City' s citizens a level of library facilities, equipment and materials that is comparable to that which existed when the City Impact Fee was imposed. Capital improN.orients not meeting these requirements will be funded by the District from a source other than the City Impact Fee . Section 2.2. 4 Reserve Donation Fund . All donations previously received by the City on behalf of the library from the Friends of the Library or other donors shall be deposited into the Public Library Fund . An accounting of the Reserve Donation Fund is attached as Exhibit E. Section 2. 2. 5 Library Fines. The City will deposit into the Public Library Fund any balance(s) accrued as of December 31 , 2007 related to library late fees or non- returned materials . Section 2.3 Technology Services. The City and the District believe it is in the best interest of the people of Fort Collins and the District to retain their' distinct technological systems where appropriate, but to also cooperatively ` operate in specific shared technological environments that provide the highest service and most value for citizens. The parties further recognize the importance of T . T . (a/k/a Management information Systems or "MIS") resources and infrastructure. Each year, in advance of the City and District ' s respective budget cycles, the Library and the City will conduct a review of MIS service, resources, infrastructure and costs and modify the list and terms of service as mutually acceptable. Section 2.3. 1 The City and the District agree to cooperate in the provision of I . T. services as described in this Section 2 . 4 . Section 2.3.2 The District shall have a permanent seat on the Information Technology Strategic Alignment Committee ("IT- SAC") or other committee created for this purpose along with -City representatives. The IT- SAC shall make recommendations to the City and the District concerning the need or desirability of various forms of technology and technological advances and their costs to the City and the District. The City and the District will work together to provide enhanced technology services to themselves and their citizens and to determine relative cost sharing through the IT- SAC. Section 2.3.3 Existing technology and infrastructure shall be shared and conveyed as agreed to by the City and the District. R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 7 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 Section 2. 4 Appointment of Trustees. The City, in cooperation with the County, shall be responsible for appointing trustees to the Board of Trustees . This will be done through a committee made up of two (2) members of each legislative body with ratification of appointments by both legislative bodies, pursuant to §24-90- 108, C. R. S . , as amended,_ and fef The City shall also have any additional responsibilities mandated bhyu-nE1er the Colorado Library Law, as amended. ARTICLE III . EMPLOYMENT AND PERSONNEL Section 3. 1 City Library Employees. A list . ..6f city library employees as of November 9, 2007 is attached as Exhibit F (the "City Library Employees") . City Library Employees shall continue to be employees of the City through December 30, 2007, at which time their employment with the City will terminate . Section 3. 2 Transfer of City Library Employees to the District. The expectation is that all City Library Employees employed on December 30, 2007 will become District library employees on December 31 , 2007 by the process described herein . Section 3. 2. 1 On or before December 15 , 20071 the District shall make offers of employment to all City Library Employees to be effective December 31 , 2007 . a. The District will strive to offer salaries, pay grades and benefits generally comparable to those provided by the City for the City Library Employees . However, benefits may vary. b. On December 31 , 2007, the District shall be responsible for the payment of salary and wages and its share of any retirement benefits, state and/or federal taxes, workers compensation insurance, and unemployment insurance for these employees, and shall be responsible for the defense and indemnification of such employees pursuant to the Colorado Governmental Immunity Act, § 24- 10- 101 , et seq. , C.R. S . , as amended . C. The City was responsible aton December 31 , 2006 for accrued annual leave tune. The City will remit funds to the District for accrued annual leave time as of December 31 , 2006 ( i. e. , to the extent a City Library Employee determines to "roll over" accrued annual leave time (accrued prior to January 1 , 2007) as opposed to taking a "pay out, " the City will remit funds to the District to enable the District to compensate the employee for such leave time). R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 8 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 d. On December 31 , 2007, the District shall be responsible for the payment of annual leave time accrued by the City Library Employees in 2007 . e . Any comp time accrued by City Library Employees up through December 30, 2007, will not roll over, but will be paid out by the City. Section 3. 2.2 At midnight December 30, 2007, the City will eliminate all City Library positions and will no longer have City Library employees . a. The City will examine means of distribution and/or payment of unused accrued annual vacation to minimize the tax consequences for transitioning employees . b. Up through December 30, 2007, the .City shall be responsible for the payment of salary and wages, and its share of retirement benefits, state and/or federal taxes, workers compensation insurance, and unemployment insurance for City Library Employees, and shall be responsible for the defense and indemnification of such employees pursuant to the Colorado Governmental Immunity Act, § 24 - 10- 101 , et seq. , C . R. S . , as amended . Section 3.2.3 The City agrees to allow District employees to participate in City- sponsored training classes when space allows and if the District pays the required fees. ARTICLE IV REAL PROPERTY Section 4. 1 "City Library Facilities." Section 4. 1 . 1 The City owns and/or operates public library facilities on the following properties : a1 Downtown Main Library Building — owned and operated by the City (201 Peterson St. — a portion of Block 142, Fort Collins, CO) b. Harmony Library — land and building owned by the State of Colorado at Front Range Community College, library operated by the City pursuant to an Intergovernmental Agreement. C . Office space located at 256 W. Mountain Ave . and 110 N. Howes St. — buildings owned by the City and currently housing library R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 9 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 technology services and Friends of the Library (a portion of Lot 4, replat of Lots 1 -49, Block 31 , Fort Collins, CO). Section 4. 1 .2 Other "Library —Related Properties : " a. Southeast Branch Library — will be a unit in a to -be-formed common interest planned community of a building currently known as Building 400, Front Range Village to be located on a portion of Lot 13 according to the First Replat of Subdivision of Front Range Village, Fort Collins, CO . , dated August 14 , 2007, and recorded in the land records of Larimer County, CO at Reception No . 20070067890. (City currently has only an equitable interest in the property. ) b. Poudre Creamery Property (Laporte and Howes ) — properties purchased by the City with Building Community Choices tax money as land for a new library . Currently vacant . ( Properties at 222 LaPorte, 208 N . Howes, 214 N . Howes and 220 N . Howes, Block 32, Fort Collins, CO) C . Carnegie Library Building — currently houses the Fort Collins Museum (200 Mathews St . — a portion of Block 142 , Fort Collins, CO). d . Parking lot at southwest corner of Olive and Mathews (Lots 7 and 8. Block 133 , Fort Collins, CO). e . Library Park — City Parks property surrounding the Downtown Main Library and Carnegie Library Building (located on Block 142, Fort Collins, CO) . The District has commenced, and will complete within 18 months of the date of this Agreement, preparation of a strategic plan which will evaluate how the District can best utilize the above City Library Facilities to carry out its voter-mandated charge to provide library services (" Strategic Plan") . The Strategic Plan will take into account the following provisions relating to the City Library Buildings. Section 4.2 Conveyance and Use of Property and Rights. Section 4.2. 1 Harmony Library. On or before December 31 , 2007, the City will grant and the District will accept an assignment of rights and delegation of the duties of the City under a February 19, 1996 Intergovernmental Agreement between the City and the State of Colorado, Department of Higher Education as reflected in the letter to Front Range Community College dated June 26, 2007 attached as Exhibit G-1 . R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 10 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 Section 4.2.2 Southeast Branch Library. T3e--Usdm�City Impact Fee revenues as contemplated by Section 2. 2 . 3 , the City will complete the construction, tenant finish, furnishing (including equipping with Information Technology infrastructure) and the purchase of a materials collection for a 17,240966 square foot southeast branch library facility as part of the retail center to be constructed near Harmony and Ziegler roads the "Facilit " . Following conveyance of the 14waFy4Facility from the developer to the City, the City will convey to the District; and the District will accept the h4aFy4Tacility and its contents and operate it as a public library under the following terms and conditions: (a) the Facility will be constructed and furnished in a ^..nditio that is consistent with the most current plans for the core and shell of the Southeast funeh ' ikar- Facilit as of the date of this Agreement ("Core and Shell Plans' and the final plans for the interior finish of the Facility, which plans are nearing completion as of the date of this Agreement ("Interior Plans") . The City will not approve any chances to the Core and Shell Plans or Interior Plans that would reduce the value or quality of the project or materials used without the prior approval of the District Chairman or his or her authorized designee . To avoid construction delays, a response to a request for such approval must be received by the City within seven (7) calendar days of the District ' s receipt of a request for approval from the City, or the change will be deemed approved;except-as-n�r��yagreement of the City District, �r ..., pry. (b) the Facility will be fully paid for by the City; and ( c ) the District shall have the opportunity to review and provide input on, prior to approval and/or execution by the developer and the City, the form of the documents ;governing the arrangements between the developer and City with regard to the Facility within the Front Range Building 400 Planned Community, for purposes of clarifying the District ' s operational obligations for such facility. Section 4.2.3 Mountain & Howes Buildings. These buildings were purchased by the City with Building Community Choices funds for the site of a performing arts center. They are currently used for library staff and Friends of the Library offices. On or before December 31 , 2007, the City and District will enter into a lease agreement for the buildings including the following terms : a. Rent of one dollar each year; b. All utilities and maintenance paid by tenant; C . A one year term automatically renewing until terminated by either party upon no less than six (6) months notice to the other; R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 11 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 d. To the extent the District is required to vacate prior to January 1 , 2013 , and the Fort Collins Museum has vacated the Carnegie library building, the City will make best efforts to lease to the District comparable space in the Carnegie library building or if not, then in such other available City-owned building acceptable to the District on the same lease terms . Section 4.2. 4 Carnegie Library Building. Funds were provided in the early 1900s by Andrew Carnegie to be used for a library building for the citizens of Larimer County. The County gave its interest in using the Carnegie library building to the City for provision of library services by the City to all area residents The City has used it to house the Fort Collins Museum since 1976 . The parties acknowledge that the Fort Collins Museum plans to vacate the Carnegie library building and move into a new facility to be constructed in partnership with the Discovery Science Center . To the extent the Strategic Plan merits the return of the Carnegie library building to use for library purposes, the parties agree to negotiate in good faith terms for such use . Section 4.2. 5 Poudre Creamery. In April of 1997, City voters approved the Building Community Choices (`BCC ") capital program. This included $2 . 3 million in funding to acquire land for a new library. The City used this funding to acquire properties on the northwest corner of Laporte and Howes, including the former Poudre Creamery property (collectively, the " Creamery Property") . The City has made the District aware of the Creamery Property and the means by and purposes for which it was purchased. The City has also expressed an interest, to the extent permitted by law, in utilizing the Creamery Property for municipal (non-Library) purposes, if such property is unacceptable to the District for library purposes. The District has considered its possible use of the Creamery Property and concluded that it is not suitable as the site for a new library Instead, the District believes that it is appropriate for the Strategic Plan to include feasibility studies for potential expansion of the Main Library at the current site, as opposed to building a new main library on the Creamery Property . Accordingly, the District desires for the City' to own and use the Creamery Property for municipal purposes, provided that the District acquires other City-owned property, specifically a portion of Library Park, as a substitute for the Creamery Property. Section 4 . 2.6 Library Park. Library Park, shown as "Lincoln Park" on the original plat of the City of Fort Collins, consists of that portion of Block 142 currently used for park purposes and not occupied by the Main Library building, the Carnegie building or its grounds and courtyard, or the existing playground. In April, 1975 , the voters approved Ordinance Number 2, 1975 , which specified that Lincoln Park must continue to be a public park and that in the future no more than five percent of the area then devoted to open-space park purposes could be used as the site for construction of additional buildings or parking facilities . R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 12 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 Following execution of this Agreement, the City and District will work to reach agreement on the value of Library Park pursuant to the following process . A District board member and City-designee will administer the valuation process on behalf of the parties . Within 45 days of execution of this Agreement, the parties will select a mutually acceptable appraiser to appraise the value of Library Park. Concurrent with the selection of the appraiser, the City will deliver a map of Library Park depicting the property to be conveyed to the District. The City and District will each pay one-half the cost of such appraisal , and agree to be bound by the results of the appraisal . Within 180 days of execution of this Agreement, the appraisal shall be completed and the City will convey Library Park to the District as a substitute for the Creamery Property, by special warranty deed, at a closing to be held at a date and time acceptable to the parties, with the restriction that it be used for library purposes, including as the location of an expanded Main Library, subject to any easements of record, and with the City retaining any necessary easements for existing City utilities running on, under or through the property . To the extent the appraised value of Library Park is less than $2,495 , 900 . 00, the City will owe the District BCC funds in the amount of the difference, to be paid as described in Section 4. 2 . 7 below. The District agrees to be responsible for obtaining a voter repeal of Ordinance Number. 2 , 1975 , and to bear the risk of failure of that effort, with the understanding that the City will cooperate by calling the election at the request of the District, with the District bearing any election-related expenses. The District agrees that until such time as Library Park is further developed, the District will continue to allow its use as a public park, and will cooperate with entities organizing and/or sponsoring public special events such as New West Fest to take place in Library Park on terms and conditions acceptable to the District and the organizing/sponsoring entities . Section 4.2.7 Main Library The parties recognize that the Main Library is an integral part of downtown Fort Collins. The District agrees to continue providing services out of the Main Library and to the extent the Strategic Plan supports expansion of such facility, the District will expand it accordingly . On or before December 31 , 2007, the City will grant the District a license to enter for the Main Library that will allow the District to occupy and use the Main Library until such time as the appraisal of Library Park is completed and the parties are ready to enter into the transaction conveying Library Park to the District . At that same closing, the City shall convey by special warranty deed, fee simple interest in and to the Main Library, as set forth in Exhibit G-2 . Such conveyance will be subject to any easements of record , and with the City retaining any necessary easements for existing City utilities running on, under or through the property. As consideration for the conveyance of the Main Library, the District agrees to pay the City an amount equal to the deficit, if any, between $2,495, 900 . 00 and the appraised value of Library Park, as described above . The City will then promptly pay to the District an equal amount of BCC funds, to be used to acquire land or for the design of a new library, as required by the BCC ballot measure. R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 13 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 Section 4. 2. 8 Mathews and Olive Parking Area. This parking area is currently used for public parking, including parking for the Main Library and Fort Collins Museum. Library patrons and staff will be able to continue using this parking area along with the rest of the public until such time as the City notifies the District to the contrary, at which time all rights or interest that the District may have in the parking area shall cease. ARTICLE V : TRANSFER OF PERSONAL PROPERTY Section 5. 1 No later than December 31 , 2007 the City shall convey to the District the following items of personal property that are owned by the City and were purchased with funds budgeted for library purposes or donated specifically for library use : a. All books, magazines and collections of other materials ; b. All furniture, shelving, and other items that are not fixtures; C . All computers, computer software/hardware/programs and related research and/or office equipment and supplies_ subject to Section 2 . 4 . 3 . d. Miscellaneous items of personal property including those listed in Exhibit H ; and e . All other items of personal property otherwise used or housed exclusively in City Library Facilities. ARTICLE VI : ASSIGNMENT OF CONTRACTUAL RIGHTS AND DELEGATION OF DUTIES AND LIABILITIES Section 6. 1 To the extent legally possible, effective December 31 , 2007, the District shall'' assume all contractual rights and obligations of the City entered into solely for library purposes, as more particularly described in Exhibit I, ASSIGNED CONTRACTS. Section 6.2 Following the execution of this Agreement the City shall not enter into any contracts for the benefit of the City Library, whether for supplies, services, capital improvements or any other purpose, that are not within the ordinary course of library business, without consent of the Board of Trustees. ARTICLE VII: OBLIGATIONS AND RESPONSIBILITY OF THE COUNTY Section 7. 1 Appointment of Trustees. The County, in cooperation with the City, shall be responsible for appointing trustees to the Board of Trustees, which will be done through a committee made up of two (2 ) members of each legislative body with ratification of R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 14 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 appointments by both legislative bodies, pursuant to §24- 90- 108, C. R. S . , as amended, and for any additional responsibilities mandated under the Colorado Library Law, as amended. Section 7. 2 Library Expansion/Impact Fee. The County agrees to consider imposition of a library expansion or impact fee to finance specific projects to be identified by the District ("County Impact Fee"). Imposition and collection of the County Library Impact Fee will begin as soon as practicable after execution of this Agreement. Details of the calculation, application and expenditure of such funds and other issues will be addressed via a separate Intergovernmental agreement between the County and District, to be entered into pursuant to Section 29- 1 - 203 , C. R. S . Section 7.3 County Approval Resolution. The County agrees to take formal action to establish the District pursuant to lz 24-90- 107(3 )(a), C .R. S . ARTICLE VIII - MUTUAL UNDERSTANDINGS Section 8. 1 .1misdiction and. Venue. The la\\ s of the State of Colorado shall govern the interpretation, validity, and effect ot' this Agreement . The City and the District agree that venue for any disputes arising under this Agreement shall be with the Larimer County District Court, Colorado . Section 8. 2 Compliance with Laws . In connection with the negotiation and performance of this Agreement the parties state that they are familiar with § 18- 8-301 , et seq. , C . R. S . (Bribery and Corrupt Influences), as amended, and § 18- 8-401 , et seq. , C. R. S . (Abuse of Public Office), as amended, and that no violations of such provisions are present . The parties agree to comply with the privacy and security requirements of the Health Insurance Portability and Accountability Act of``1996 (HWAA) when exposed to or provided with any data or records that are considered to be " Protected Health Information . " The parties agree to comply with any other federal or state laws concerning the confidentiality or privacy of any information contained in the records accessed under or in association with this Agreement. Section 8.3 Assignability. Neither this Agreement nor any rights hereunder, in whole or in part, shall be assignable or otherwise transferable without the prior written consent of all parties . Section 8. 4 Waiver. Waiver of strict performance or the breach of any provision of this Agreement shall not be deemed a waiver of any other provision, unless such waiver has rendered future performance impossible. Section 8. 5 Force Maieure. Except as otherwise provided by Colorado law, neither party shall be liable for any delay or failure to perform its obligations hereunder to the extent that such delay or failure is caused by a force or event beyond the control of such party including, R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 15 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 without limitation, war, embargoes, strikes, governmental restrictions, riots, fires, floods, earthquakes, or other acts of God. Section 8. 6 Notice. Any notices given under this Agreement are deemed to have been received and to be effective : ( 1 ) three (3 ) days after the same shall have been mailed by certified mail, return receipt requested, (2) immediately upon hand delivery; or (3 ) immediately upon receipt of confirmation that a facsimile or electronic mail transmission was received. For the purposes of this IGA, any and all notices shall be addressed to the contacts listed below: For the County. Board of County Commissioners Larimer County Attorneys Office 200 West Oak Street 200 West Oak Street Fort Collins, Colorado 80521 Fort Collins, Colorado 80521 ATTN : County Manager Phone : (970) 4,82-7777 Phone . (970 ) 498=7010 Facsimile : (970) 482- 8084 hardenhass.com For The Library District : Board of Trustees Seter & Vander Wall, P .0 Fort Collins Regional Library Dist. 7400 E. Orchard Rd . , Ste 3300 201 Peterson Street Greenwood Village, CO 80111 Fort Collins, Colorado 80524 Phone : (303 ) 770=2700 Phone : (970) 221 -6740 Facsimile : (303 ) 770-2701 Facsimile : (970) 221 -6398 Email : ksetcr(a)svwpc. com Attn : Library Finance Officer For the City . City Manager Office of the City Attorney City of Fort Collins City of Fort Collins 300 Laporte Avenue 300 Laporte Avenue P . O . Box 580 P . O. Box 580 Fort Collins, Colorado 80521 Fort Collins, Colorado 80521 Phone . (970) 221 -6505 Phone : (970) 221 -6520 Facsimile : (970) 224-6107 Facsimile : (970) 221 -6327 R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 16 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 Section 8. 7 Integration . This Agreement contains the entire understanding of the parties and neither it, nor the rights and obligations hereunder, may be changed, modified, or waived except by an instrument in writing that is signed by the parties . Section 8. 8 Paragraph Headings. Paragraph headings are inserted for the convenience of reference only. Section 8. 9 Intended Beneficiaries. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon or to give to, any person other than the parties, any right, remedy or claim under or by reason of this Agreement or any covenant, terms, conditions, or provisions hereof. All covenants, terms conditions, and provisions in this Agreement are for the sole and exclusive benefit of the City, the County and the District. Section 8. 10 Severability. If any provision of this Agreement is determined to be unenforceable or invalid for any reason, the remainder of the Agreement shall remain in effect, unless otherwise terminated in accordance with the terms contained herein . Section 8. 11 Authorization. Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein, and to perform the duties and obligations herein described. IN WITNESS WHEREOF, the City, the County and the District have signed this Agreement to be effective October 1 , 2007. R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 17 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 BOARD OF COUNTY COMMISSIONERS LARIMER COUNTY, COLORADO Chairman Date ATTEST : Approved as to form : Larimer County Attorney FORT COLLINS REGIONAL LIBRARY DISTRICT BOARD OF TRUSTEES President Date ATTEST - Approved as to Form , Secretary Seter & Vander Wall, P. C. CITY OF FORT COLLINS , COLORADO Mayor ATTEST : Approved as to Form: City Clerk City Attorney R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 18 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 EXHIBIT A Library District Board of Trustees Appointed March 6 , 2007 §24-90-1084, C. RS. Nina Bodenhainer H- (970) 266-9611 1001 Belvedere Court C- (970) 4814884 Fort Collins CO 80525 ninabodenhamer@comcast . net (Term expires 3/2011 ) Robin Gard H- (970 ) 204-4927 974 Riclunond Dr. #3 C- (970) 215 -9586 Fort Collins CO 80526 homerun2 aprodigy . net (3/2010) Michelle Kalkowski (Shelly), Secretary H- (970) 377- 1193 6575 Rookery Rd . linAal@msn . com Fort Collins CO 80528 (3/2009) John Knezovich, Treasurer H- (970) 227-9952 1205 Green St. W- (970) 224- 9900 Fort Collins CO 80524 johnkcpa(.mcleodusa. net (3/2008) Mike Liggett , Vice President H- (970 ) 493 -0361 6680 E. County Line Rd . 56 W- (970) 482-9770 Fort Collins CO 80524 mdllawgfrii. com (3/2012) Mary Atchison, President H- (970 ) 407 8058 1305 Lory St. C- (970 ) 217-9213 Fort Collins CO 80524 W- (970) 407-7090 (3/2012) mrobertsongfrii. com Bob Viscount H- (970) 493- 8778 1104 W. Magnolia St. Robert_viscountnsofthome . net Fort Collins CO 80521 Ft Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 19 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 (3/2011 ) R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 20 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 Exhibit B City Support Services and Determination of " Cost" Accounting — Treasury Maintain accounting records, prepare journal entries, provide banking and investment services, provide summary and detail transaction reports, provide accounting assistance as needed, notify District staff of any areas of concern noted . Charges based on processing costs for the Finance Department including as accounting staff. Accounts payable Process and mail or make electronic payment vendor payments in compliance with procedures in effect for the City and adopted by the District . Process District employees purchasing card transactions and prepare and provide reports to District staff of purchasing card activity. Record transactions as directed by District staff. Assist in resolving errors and discrepancies . Prepare 1099 forms for applicable Library vendors. Provide all forms and supplies needed for the accounts payable function . Maintain documentation of transactions in compliance with established archive requirements. Charges are based on the proportion of District activity compared to citywide activity based on number of receivings. Payroll Process biweekly payroll and distribute paychecks or direct deposit advises to District staff for distribution to District employees. Assist in transaction analysis as requested. Provide all forms and supplies needed for the accounts payable function. Process payroll tax deposits, benefits payments and other withholdings when due Prepare quarterly and annual payroll tax deposit forms, employee W-2 ' s and remittance forms . Maintain documentation of payroll records in compliance with established archive requirements . Charges are based on the proportion of District activity compared to citywide activity based on number of number of employees . Human Resources Provide all human resource services including maintenance and access of personnel files, application posting, acceptance and processing, drug and background investigations, benefits management, employee training and the Wellness Program. This includes access to exercise rooms and participation in special programs such as health fairs, blood drives and flu shots . Charges are based on the proportion of District activity compared to citywide activity based on number of number of employees . R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 21 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 Purchasing Process purchase orders, requisitions and other documents needed to acquire vendor goods and services. Assist in issuing and evaluating District bids and requests for proposals (RFP ' s). Provide all forms and supplies needed Allow District to participate in City bids and RFP ' s where appropriate (such as custodial services). Maintain purchasing records in compliance with established archive requirements. Charges billed on per PO/bid/RFP activity of $ 150/PO, $75/MO, $ 1500/bid- RFP. $750/contracts not relative to bid for RFP . Operations — Facilities Provide maintenance and repair of District used facilities as requested and approved by District staff. Charges billed per work order. Materials and outside labor billed at cost. City labor billed at rates established for city departments as listed in the city' s budget manual. Custodial services will be provided by the city- approved vendor . Charges for these services are based on the proportion of District activity compared to citywide activity based on building square footage but an administrative fee of $3 , 000 for contract management. MIS Provide specific technology services that support other City of Fort Collins service providers (including MIS support of financial and Human Resources systems ; provision, access and support of voice, data and other telecommunications networks; Internet access services , web services ; email and calendaring (groupware) services; consultation and others as specified in this agreement . Services provided by the City are billed to the district at City cost Due to the fundamental importance of a stable technological environment and the changing nature of technology, the Library District and MIS will meet annually in advance of District and City budget cycles to review the services and costs, and make any necessary adjustments to the slate of MIS services purchased by the District. R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 22 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 Exhibit C BOB Accounting R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 23 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 Exhibit D City of Fort Collins Capital Improvement Expansion Fees As of January 2 , 2007 Fees Interest Total Annual Remaining Collected earnings Revenue Expended Balance 1996 $ 773958 $ 397 $ 783355 > ''' $ 783 355 1997 2473868 103614 258 ,482 3361837 1998 4371749 221092 4591841 931' 7033566 1999 6833709 41 , 550 725 ,259 138 ,459 1 29 1366 2000 5273272 105, 314 632 , 586 147 , 212 1775 , 740 2001 729 ,475 789776 808 , 251 15 . 041 215681950 2002 6611161 1339263 794 ,424 69 . 763 312931611 2003 639 , 094 78 ,275 717 , 369 81923 410021057 2004 6133556 95 ,275 708, 831 588 417101300 2005 526 . 045 1559961 6821006 16 , 148 513761158 2006 2759023 243 . 021 518, 044 51894, 202 Total $5, 418, 910 $ 964 , 538 $ 6, 383, 448 $ 489, 24 $ 5, 894, 202 R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 24 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 Exhibit E Reserve Donation Fund Accounting Donations Received Expended Balance 12-31 -97 S 112 , 770 1998 $ 1261965 $ 401347 199 , 388 1999 801367 281675 2511080 2000 863138 531280 283 , 938 2001 165, 707 931365 356 , 280 2002 4633305 343: 498 476 , 087 2003 125, 790 129 , 915 471 , 962 2004 1522658 1771553 4471067 2005 2131816 154 , 559 5063324 2006 190, 212 104 , 306 592, 230 R Collins/IGA JCM 1059 Fort Collins Regional Library District Intergovernmental Agreement Page 25 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 Exhibit F City Library Employees To be Transferred to the District Judith Allen Malvina Franco de Albayrak Anne Ostrye-McDonald Tova Aragon Anais Fremaint Rebecca Paulson Amanda Armstrong Sylvia Garcia Jimena Pena Aaron Bailey Lindsey Geissler Rosemay Perry Morganne Ball Carol Gyger Melanie Peterson Terri Balside Harry Hale, Jr Mary Portouw Jeff Barnes Molly Hall_Payne Melissa Powell Christopher Bauman Carol Hanlon Jacwylyn Rauch Catlin Beardall Mary Hanna Lucille Reed Louise Benke Janet Harshberger Stacey Rehbein Mark Bennett Janeau Hawkins Karen Rewinkel Carson Block Vicky Hays Austin Rice Emily Boettcher Cynthia Hein Gertrude Robertson Crystal Bollman Adam Hermandez Sarah Robinson Michelle Bongers Elizabeth Herndon Diane Rossi Gayle Brakefield Katherine Hinds Jane Rothfeld Kathleen Brandon Robert Holzfaster Michael Roybal Sarah Bredbenner Jane Hruby Audrey Rudolph Shana Brown Kathleen Hutton Anne Saunders Linda Brown Byrne Angela James Haley Saust Elaine Burritt Anna Johnson Marian Sawyer Vanessa Carmon Elyse Johnson Teresa Schwab Melissa Carmon Gabriel Johnson Leslie Schutt Brenda Carns Lori Johnson Sarah Scobey Pamela Clements Marsella Johnson Erin Senseman Cydney Clink Sue- Ellen Jones Peggy Shaughnessy Wanda Colbert Alice Jorgensen Rebekah Sheller Sarah Conrad Linda Justice Sara Shreve Erin Conte-Bryant Torrie Lancaster Gabriela Smith Corbie Cordova Cynthia Langren Katherine Stansbury Serina Cortez Alison Leth Robert Stansbury Jessica Cortez Sarah Klenk Kristin Sullivan Christine Cortez Dolores Mata Marla Swanson Barbara Crandall Catherine McCallum Prsshant Tank Elaine Decamp Virginia McConathy Dennis Thompson Donna Demmer Joan McConville Molly Thompson R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 26 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 Lynda Dickson Annie McCosh Kimberly Travis- Miller Eric Doran Tracie McCosh Diane Tuccillo Kimberly Doran Lawrence McCulloch Karen Villa Kriston Draper Mary McCulloch Coralie Walters Kenneth Draves Katherine Merrell Jessica Welch Kara Duggan Michael Merrell Kathleen Wheeler Barbara Duvall Wessel Louise Mosnik Linda Williams Julie Emerson Amanda Neeley Jennifer Zachman Virginia Feagler Sara Nesbitt Nathan Zehr Norman Fitzpatrick Nancy Osbahr Lingzhen Linda Fox R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 27 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 Exhibit G1 Harmony Library Assignment R Collins/IGA JCM1059 F 1�Y -r City of Fol't c [vffiri ;c June 26, 2007 Dr. James Butaek Vice President Front Range Community College Larimer Campus 4616 South Shields Fort Collins, Colorado 80526 Dear Tits, The Fort Collins Regional Library District and the City of Fort Collins are working through the process of transitioning library services from the City to the District. One very important aspect of this process is the operation of Harmony Library at Front Range Community College . Through Harmony, the City and the College have forged a great partnership and have provided excellent library services to our students and residents for over eleven years . You and members of your staff have been closely invol-�•ed in the establishment of the District and the selection of its Board of Trustees. Your support and involvement has greatly helped to ensure the District's success and has provided a solid foundation for a fruitful partnership between the College and the District . The purpose of this letter is to formalize this partnership through your assent to an assigrunent of the City' s interest in our Hamiony Library agreement to the District. Through this assignment, the District will step into the City's place and will be subject to all of the City' s rights and responsibilities under the City' s agreement with the College . The District Board of Trustees has expresscd their interest and eagerness to accept this assigtunent, effective January 1 , 2008, and to work in partnership with the College to continue the tradition of providing excellent library services at Harmony Library. If the assignment of the City' s rights and responsibilities to the District meets with the College' s approval , please let us know and we will prepare the necessary paper work. If you have any questions or would like to meet to discuss the assignment, please contact us . We look forward to this transition and to a tang and valued partnership between the College and the District . Sinccrcly, l �. 1, Darin Atteberry, City Manager Mary R bcrlsun , President City of Fort Collins, Colorado Fort Collins Regional Library District t ' �S 'il r t 'ik.• i1. C ! a .� f� ��.' ..i /1 _ yi s r 1{!1 "i'1-� .. -�- r �_. i..-l1 2 Fort Collins Regional Library District Intergovernmental Agreement Page 28 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 Exhibit G-2 Main Library R Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 29 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 Exhibit H Personal Property Inventory List This list will include : Computer software Book Trucks Fans & Space Heaters Projection Equipment & ELMO Children's Props, Storytime and SRP puppets and StoryBoards Graphic Art Supplies Book Trucks Percons (used for Inventory and expensive) AV Equipment : TVs, VCRs, DVD players, cd players & cassette players Disc-checker & cleaner 2 safes B1ackBerrys Ft Collins/IGA JCM1059 Fort Collins Regional Library District Intergovernmental Agreement Page 30 of 30 Draft : November 28, 2007, showing changes since November 16, 2007 Exhibit I Assigned Contracts Front Range Community College IGA Fleming Security Service — security contract The Feet, Inc — courier service Statewide courier service through CLIC Creative DataProducts — mailers, library cards Unique Management Services — collection agency CSU — Work-study agreement Copier lease- maintenance agreement OCLC Poudre School District "Partner" agreement Various database subscriptions (list attached to email) rt� Database list. PDF R Collins/IGA JCM1059 DATABASE 2006 Cast 2007 Cast Renew FCPL FRCC repays FCPL FRCC Last Paid Alldatapro ! 3 0tit3 B€3? ' $ 31000000 May 1 -07 Ancestry $ 41369 ,00 June Biography & _ Genealogy Master Index s $ 588 .00 Oct-Sept 8/07 Books in Print 4,417 .09 June-Ma 6-07 CQ Reseacher $ 551 .00 $ 579 ,00 March 4-07 Gulturegrams ;: $ .1 .3n. I) r; $ 3 ,071 .00 Dec06 11 -D6 D©arReader Online Book Club .7 bl °-': 3-06 j 13-Et sco K- 12 : BCR ? $ 3,617 . 00 July-June 6-05 Ebsco Health Databases(Alfern <" ative ) ' 4 7 $ 3.375 , 00 $ 5,020 . 00 April-Mar 4�06 FirstSearch/ Ebsco Acad & Bus . - BCR is 5 ,390 . 77 5550.00 Aug-Jul 41,II07 Galenet (CA , CLC ) - BCR S 11588 -00 $ 1 ,300 .00 Oct-Set 10/07 Gold Rush S 12995.00 $ 1 ,330.00 $ 11995 ,00 $ 1 ,330.00 Jan-Dec 1 -07 Grangers S 5- 77 00= $ 318.00 $ 316.00 Jul 5-07 Grove Art June Grove Music Heritage Quest Ontme - Pro quest S 1 .815.00 $ 4000 .00 Aug-Jul 6/07 Norm Book $ 150. 00 April Newsbank ( Natictas , _ _ - Colcradoan ,Arneri Feb 06 for ca's Newspapers ) $ 160320.0 .,' $ 1 ,000.00 $ 18 , 106.00 $ 1 . 200. 00 Jul -June 06-07 Novelist 1 : EGQ Off :': Apr-Mar 3-06 Readthebooks $ 74t1OQ; ` S 740.00 May Aril Net.l ibrary- Chitdrens S 4,400 , 00 4-07 rUetlibrar -Adults `3 15 ,960 .00 ma 5- 11 -06 Reference USA l Q S 20,020. 00 January 2-06 Sandborn reaps $ i3, Qv S 820 ,00 Dec-Nov 6-07 SIRS Researcher and SIRS Government Reporter1 kQl):. $ 19228, 00 Jul 8-07 Valueline 5 3 ,600.00 $ 39600, 00 June 5 -07 Wilson Biographies Plus BCR S 1 , 530,60 $ 10020 ,40 $ 17593.00 $ 1 , 062.00 Jan -Dec 1 -07 REVISED ORDINANCE NO, 13 % 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE FORT COLLINS REGIONAL LIBRARY DISTRICT, LARIMER COUNTY AND THE CITY OF FORT COLLINS WHEREAS, on November 7, 20069 the voters approved a citizen initiative to establish and fund the Fort Collins Regional Library District (the "District") pursuant to Sections 24-90- 101 to 606 of the Colorado Revised Statutes (the "Library Law"); and WHEREAS , on November 21 , 2006, the Council adopted Resolution 2006- 118 establishing the District pursuant to Section 107(3 )(g) of the Library Law and appointing two Councilmembers to a committee to appoint the initial board of trustees of the District (the "Board") ; and WHEREAS , on March 6, 2007 , pursuant to Section 108 ( 1 ) of the Library Law, the City Council and Board of County Commissioners for Larimer County ratified the initial appointments to the Board; and WHEREAS , Section 107(3 )(h) of the Library Law requires the City, the County and the District to enter into an intergovernmental agreement ("IGA") within ninety days of the appointment of the Board that "shall set forth fully the rights, obligations, and responsibilities, financial and otherwise," of the City, the County and the District; and WHEREAS , City staff and the Board did not believe that the ninety day period provided for in the Library Law would allow sufficient time to consider, negotiate and resolve all the issues that must be considered in order to establish a successful, long term relationship between the parties ; and WHEREAS , for that reason, on May 15 , 2007, the Council passed Resolution 2007-055 , authorizing the City to enter into an "Interim IGA" with the Library District under which the City would continue to operate the City ' s libraries for the remainder of 2007 with the District reimbursing the City for the costs of such operation; and WHEREAS , City staff and the Trustees of the Library District have reached agreement on the terms of a "Final IGA" under which City-owned assets used to provide library services would be conveyed or leased to the Library District, and library operations and City library employees would be transferred to the Library District by December 31 , 2007 ; and WHEREAS , additional terms and conditions of the Final IGA include the following : • the City would transfer ownership of the Main Library at 201 Peterson Street and most of Library Park (located on Block 142), but not including the Fort Collins Museum (Carnegie Building) and its grounds, to the Library District, to be used for Library purposes, including possible expansion of the Main Library; REVISED • the City would convey the Southeast Branch Library, located on a portion of Lot 13 of the Front Range Village Subdivision, to the District after the Library space is completed and the City receives title to it; • the City would lease to the District the office buildings located at 256 West Mountain Avenue and 110 North Howes Street at a rate of one dollar per year on a year-to-year lease that would renew automatically until terminated by one of the parties ; • the City would assign to the District the City ' s rights and obligations under the Harmony Library IGA with Front Range Community College, with the College ' s approval ; • in consideration of the property transactions described above, the City would retain ownership of the Poudre Creamery Properties purchased with Building Community Choices (BCC) funds ; • the City would convey to the District books and other media, furnishings, equipment, technology and other personal property used by the City to provide library services; • the City would, at least initially, provide the District with certain support services, including but not limited to human resources, accounting, payroll, purchasing, facilities maintenance and technology services, and be reimbursed by the District for the cost of those services ; • the City would remit to the District the Building on Basics (BOB) library technology revenues to be used for the voter-approved purpose ; • the City would continue to collect the Library Capital Improvement Expansion Fee pursuant to Section 7 . 5 -27 of the City Code, at least until such time as the Southeast Branch Library is fully completed; and WHEREAS , a copy of the most current draft of the Final IGA is attached to the Agenda Item Summary and is on file in the City Clerk' s Office; and WHEREAS , the City Council is authorized to sell, convey or otherwise dispose of any interests in real property owned in the name of the City provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City; and WHEREAS , Section 29- 1 -203 , C .R. S . , authorizes governmental entities to cooperate and contract with one another in order to provide any function, service, or facility lawfully permitted to each if such a contract is properly authorized by each party thereto ; and WHEREAS , the City is authorized to enter into intergovernmental agreements to provide any function, service or facility, pursuant to Article II, Section 16 of the Charter of the City of Fort Collins and City Code Section 1 -22 . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : -2- REVISED Section 1 . That the Council hereby finds that the conveyance of the Main Library hibrary Pa and the Southeast Branch Library, and the lease of the City-owned office buildings at 256 West Mountain Avenue and 110 North Howes Street to the Library District, under the terms described above, are in the best interests of the City. Section 2 . That the Council hereby finds that the conveyance of Library Park to the Library District, under the terms described above, is in the best interests of the City even if the Library Park property is not ultimately used for expansion of the Main Library. Section 3 . That the Mayor is hereby authorized to enter into the Final IGA with the Fort Collins Regional Library District in substantially the form as is on file in the City Clerk' s Office, with such amendments or modifications to the Final IGA as the City Manager may, in consultation with the City Attorney, determine are necessary or appropriate to protect the interests of the City or to advance the objectives set forth herein. This may include any necessary changes to the legal descriptions of the properties to be leased or conveyed pursuant to this Ordinance, so long as such changes do not materially increase the size or change the character of the property to be leased or conveyed to the Library District by the City. Introduced, considered favorably on first reading, and ordered published this 20th day of November, A.D . 2007, and to be presented for final passage on the 4th day of December, A.D . 2007 . Mayor ATTEST : City Clerk Passed and adopted on final reading on the 4th day of December, A.D . 2007 . Mayor ATTEST : City Clerk -3 -