Disclaimer: Any joint use agreement developed for a school/public combined library should be reviewed by legal counsel of the parties involved. The following template provides a brief outline with which to begin, expand, and edit to meet specific local needs.
This Agreement made and entered into on _ by the City of _, (hereinafter "the City"), the School District of _, (hereinafter "the District"), and the _ Public Library Board, a public library board established under SDCL14-2 (hereinafter "the Library Board");
WHEREAS, the City and the School District are legally authorized to enter into intergovernmental agreements for services or for the exercise of joint or common powers, pursuant to SDCL14-2;
WHEREAS, the Library Board may contract with library organizations to provide or receive library services, pursuant to SDCL14-2;
WHEREAS, the Library Board has exclusive control of the expenditure of all moneys collected, donated, or appropriated for the library as well as exclusive charge, control and custody of all lands, buildings, money or other property acquired or leased by the municipality for library purposes, pursuant to SDCL14-2;
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement and other good and valuable considerations, the parties agree as follows:
Nothing contained herein shall be construed to limit the powers and duties of the District Board or the Library Board or to delegate such powers and duties as granted to them by South Dakota law.
All policies of the combined library shall be approved by both the District Board and the Library Board. Policies may be modified at any time with mutual approval of both boards.
The Library Board shall continue as a legal public library board of trustees appointed according to SDCL 14-2-35. An ex-officio liaison board member working between the District Board and the Library Board shall be appointed by the District Board.
The parties will be responsible for providing staffing for the operation and maintenance of the combined library as follows:
The Library Board shall provide a public librarian certified by the South Dakota State Library and such other staff as necessary to perform the public library mission of the combined library.
The District shall provide a school librarian certified by the South Dakota Department of Education and such other staff as necessary to perform the school library mission of the combined library.
The Library Board shall provide overall supervision and evaluation of the public librarian.
The school principal shall provide supervision and evaluation of the school librarian.
The City and Library Board agree to pay the District [amount to be determined by parties] each year for space in the school, maintenance of the facility, utilities, and custodial services.
In the event additional space is needed or the existing space needs to be renovated, the parties shall mutually agree on how costs are to be allocated or recovered.
The District shall be responsible for the purchase of all materials selected by the school librarian and all processing costs related to these materials.
The Library Board shall be responsible for the purchase of all materials selected by the public librarian and all processing costs related to these materials.
The District and Library Board may jointly purchase some library materials, equipment, digital licenses, and other resources if mutually agreed to by the parties.
The parties shall mutually agree on how costs for existing and new technology are to be allocated or recovered.
The District shall be responsible for salaries and fringe benefits of all school personnel.
The City and the Library Board shall be responsible for salaries and fringe benefits of all public library personnel.
Ownership of Assets
Ownership of all library materials, equipment, and furnishings provided or purchased by the Library Board shall be retained by the Library Board and shall be identified as such.
Ownership of all library materials, equipment, and furnishings provided or purchased by the School District shall be retained by the School District and shall be identified as such.
All library materials, equipment, and furnishings shall be available for use by the public, the students, and school personnel. Public use of certain equipment owned by the School District may be restricted when it is in use by students and school personnel.
In the event of termination of this agreement, all library materials, equipment, and furnishings shall be divided in accordance with the ownership of the items.
Term, Termination, and Review of the Agreement
The term of this Agreement shall be for five years [or other] unless terminated by either party.
The Agreement may be terminated by either party for cause, or for any or no reason upon giving notice of eighteen months [or other]. The Agreement may be extended upon mutual agreement of the parties.
The parties agree to evaluate the effectiveness of the arrangement three years after the start of this agreement.
The Agreement may be modified at any time with mutual agreement of the parties.
Signatures to the Agreement
IN WITNESS WHEREOF, the parties have executed this Agreement by signing their names on this day and date first written above.
By: School District Board President
By: Public Library Board President
By: Mayor, City
*This sample template is based on an original created by the Wisconsin Department of Public Instruction, https://dpi.wi.gov/