BOARD OF TRUSTEES Regular Session Monday August 17, 2020 5:00 p.m. Glenn A. Jones M.D. Memorial Library, 400 S. Parish Ave., Johnstown, CO 80534
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1.0 OPENING OF MEETING 1.1 Roll Call and Pledge of Allegiance 1.2 Approval of Agenda 1.3 Approval of Consent Agenda A. July 20, 2020 Regular Session Minutes 1.4 Public Comment
• Please note that Public Comment is to address items not currently on the Agenda. If you wish to address the Board in regard ITEMS FOR DISCUSSION/ACTION, please wait until the item is presented.
2.0 ITEMS FOR DISCUSSION/ ACTION 2.1 Food For Fines (Action) - Dr. Matthew Hortt, HPLD Executive Director 2.2 Board Selection Process (Information) - Dr. Matthew Hortt, HPLD Executive Director 2.3 Downtown Library Update (Information) - Dr. Matthew Hortt, HPLD Executive Director 2.4 Intergovernmental Agreement Approval with Member Libraries (Action) Dr. Matthew Hortt, HPLD Executive Director A. Eaton B. Platteville C. Hudson
2.5 Prototype Library Design Rollout (Action) - Dr. Matthew Hortt, HPLD Executive Director A. Grover
B. Mead C. New Raymer 2.6 Policy Manual Amendments (Action) -Tony Brewer, Patron Experience Specialist A. Social media B. Privacy of User Records C. Board statements 2.7 City of Greeley/Centennial Park Lease (Action) - Dr. Matthew Hortt, HPLD Executive Director
3.0 DIRECTORS REPORT 3.1 Review Draft Agendas– Dr. Matthew Hortt, HPLD Executive Director A. September 21st 3.2 District Updates – Dr. Matthew Hortt, HPLD Executive Director
4.0 BOARD REPORTS/ COMMENTS A. Chairman’s Report B. Vice-Chair C. Secretary/ Treasurer D. Committees E. Other Board Members
5.0 ADJOURNMENT Upcoming meetings:
September 21st, 5:00 p.m. HPLD Board of Directors Meeting- Regular Session, Platteville Public Library, 504 Marion Avenue, Platteville, CO 80651
BOARD OF TRUSTEES DRAFT: Regular Session Minutes Monday July 20, 2020 HPLD Administration Bldg. and Virtual Meeting through GoTo Meeting.com 5:00 p.m.
1.0 OPENING OF MEETING at 5:03 p.m. 1.1 Roll Call and Pledge of Allegiance Guests: William Garcia, attorney for the High Plains Library District Brenda Carns, Director, Eaton Public Library
Following Board Members present: Chairman/ Region 3: Ken Poncelow Vice-Chair/ Region 5: Mary Heberlee Secretary/ Treasurer/ Region 4: Mary Roberts – arrived 5:07 p.m. Region 1: Trustee John Damsma Region 2: Trustee Gerri Holton Region 6: Trustee Joyce Smock At Large: Trustee Jana Caldwell Staff: Melissa Beavers, Marjorie Elwood, Becki Loughlin, James Melena, Natalie Wertz, Elena Rosenfeld, Matthew Hortt
Chairman Poncelow read the following statement into the record: High Plains Library District (HPLD) is dependent on the trust of its community to successfully achieve its mission. Therefore, it is crucial that all Trustees conduct business on behalf of the High Plains Library District with the highest level of integrity, truth and honor, avoiding any impropriety or the appearance of impropriety.
1.2 Approval of Agenda MOTION to approve the agenda as presented: Trustee Caldwell SECOND: Trustee Smock DISCUSSION: None VOTE: Unanimously approved; 7:0
1.3 Approval of Consent Agenda A. June 15, 2020 Regular Session Minutes B. June 18, 2020 Special Session Minutes MOTION to approve the consent agenda as presented: Vice-Chair Heberlee SECOND: Trustee Holton DISCUSSION: None VOTE: Unanimously approved; 7:0
1.4 Public Comment There were no comments from the public.
2.0 ITEMS FOR DISCUSSION/ ACTION 2.1 Introduction of New Managers (Information) Associate Director of Public Services, Marjorie Elwood introduced Becki Loughlin, the new Carbon Valley Library Manager She highlighted the fact that Loughlin has been with the District
for 6 years, first as a Children’s Librarian at the Erie Community Library and more recently as the Patron Services Supervisor at Carbon Valley Library. She coordinated the SPELL grant (Supporting Parents in Early Literacy through Libraries) for the District. Loughlin has a Master’s in Library and Information Science from the University of Denver and has previously managed teams at the University of Colorado and the Art Institute of Colorado, as well as having work experience at the Mamie Doud Eisenhower Library in Broomfield, Denver Public Library, and Anythink Libraries.
When introducing herself, Loughlin shared her excitement for the opportunity to serve as the new Carbon Valley Regional Library manager and that she is looking forward to continuing the work that that Elwood has initiated before moving to serve as Associate Director.
Associate Director Elwood then introduced Melissa Beavers who moved from the Centennial Park Library this past June to serve as the Lincoln Park Library and Innovation Center’s new manager. Beavers joined the District as a Patron Services Supervisor in 2014, assisting with the opening of Riverside Library and Cultural Center. A year later, she transferred to the Centennial Park Library as a Patron Services Supervisor and in 2017 was promoted to manager. Melissa was the project manager for Yes!fest (Youth Engineering & Science Festival) last year and currently serves as the Excellence Coordinator for district-wide programming. She holds a Master of Arts in English from Colorado State University and a Master of Library and Information Science from the University of North Texas and she has worked as a Librarian in Texas as well as at the Poudre River Public Library System in Fort Collins.
When introducing herself, Beavers expressed her enthusiasm for leading the Lincoln Park staff to their new building and the opportunity to help patrons in a new location in a new way.
The Board welcomed the new managers and thanked them for their work. They also directed Dr. Hortt to share their appreciation for the work being accomplished. Dr. Hortt also noted his appreciation of Loughlin’s willingness to step forward when Elwood moved to her Associate Director position and Beavers’ ideas for programming and innovations.
2.2 Downtown Library Update (Action) Executive Director Dr. Matthew Hortt started by noting that, in addition to an update, there are decisions for Board consideration. He also noted that the update includes information that was brought forward after the Board Packet was distributed.
Revision to the Downtown Library Process It was recommended to revise the plan to make services and programs available at the new location by the end of the year through opening a section of the building or providing services through a double-wide. The challenge of costs and logistics of having Lincoln Park Library staff work between two locations are significant.
The recommended change is to consider increasing the number of computers at the current Lincoln park location and start the build project without including a public computer center. The District is acquiring new mifi units which will provide another option to meet Internet access needs
It was also noted that there has not been a significant rush to reenter the library locations since opening the doors. While not an intended result of opening buildings, use of curbside pick-up has dropped off significantly.
Greeley-Evans School District 6 offered donating a double-wide. However, it would be problematic in meeting social distancing best-practices. Chair Poncelow added that the double- wide was considered as an option for the Town of Grover. However, the town was not supportive of the concept. The estimated cost for the double-wide is $32,000.
This revision means that the new location will likely open by late 2021 or Spring 2022.
MOTION To remove the Public Computer Center from the scope of the construction project: Secretary/ Treasurer Roberts SECOND: Trustee Holton DISCUSSION: None VOTE: Unanimously approved; 7:0
Request to extend lease to Prairie Mountain Media Executive Director Dr. Matthew Hortt asked the Board to give their approval for him to negotiate an extended lease with Prairie Mountain Media, the owners of the Greeley Tribune. Prairie Mountain Media asked to extend their lease, which will end November 2020, for up to two years. The space requested includes some offices in addition to the shipping and receiving area. The Board considered the request in light of the planned building project and determined that the best the District can support is to extend the lease to April 2021. Dr. Hortt will discuss this offer with Prairie Mountain Media’s realtor at their Wednesday, July 22nd meeting. If approved, the extended lease will provide additional revenue without negatively impacting the construction project.
MOTION To allow Executive Director Dr. Matthew Hortt to negotiate an extension to the lease extension through April 2021: Trustee Damsma SECOND: Trustee Smock DISCUSSION: None VOTE: Unanimously approved; 7:0
Recommendation to hire a marketing company to assist in survey process Secretary/Treasurer Robert informed the Board that the architects developed a survey to gather input on what stakeholders want in the library and innovation center. The survey is to be made available for August 10-24, 2020 through a variety of venues including both online and in-building options. However, the architects who designed the survey did not account for the fact that it should be promoted to all High Plains Library District communities rather than just in the Greeley area.
Secretary/Treasurer Roberts noted that the targeted distribution of the survey has not been assigned to a specific individual or group on the design team. She then highlighted that for the new location to be a flagship location that is the pride of the County, it is critical to get input from the communities as soon as possible.
The suggestion put forward was to hire a marketing company such as Bonnie Dean Associates to work with Community Relation & Marketing Manager, James Melena to ensure the survey is shared appropriately throughout the District. With the approval of Executive Director Hortt and Chair Poncelow, Secretary/Treasurer Roberts asked Bonnie Dean for a cost estimate assuming the work would focus on the Fort Lupton and Erie areas. The company is interested in this project. Secretary/Treasurer Roberts clarified that her knowledge of the company is through the Rotary Club and that the discussion should include other possible companies who can do the necessary work. Chair Poncelow wants to be sure that the new library is seen as a value to all in the District.
Trustee Damsma recommended that Aileen Barry who is currently Disaster Preparedness Coordinator for Weld County at Retired Senior and Volunteer Program (RSVP) be included in the interview process. She is well known and used to live in Greeley and has an extensive professional marketing experience.
Trustee Smock suggested including the new Foundation Board Member, Miranda Arens-Bennett as a possible person to include in the process,
Chairman Poncelow asked that any further recommendations be sent directly to Executive Director Hortt.
Board Discussion: • Clarifying the role of the downtown library: It was confirmed that the genealogical collection will be moved from the Centennial Park Library to the new location. The Genealogical Society supports this change as this will put the collection near the Greeley History Museum. • Name of the Library: Trustee Holton noted that she automatically thinks of the library as “The Greeley Library” which demonstrates the need to change perceptions and involving community members outside of Greeley will help support that. Chair Poncelow noted that there will be a meeting on August 10th meeting for staff and, on August 19th, there will be a meeting for the public. The survey that is being conducted August 10th through 24th is similar to what was done for both Erie and Fort Lupton. • Location: Trustee Holton noted the challenge of getting transportation to the facility for those not nearby. Trustee Smock acknowledged that while Greeley is not central in the County, it is still the logical location as it is the hub for the County. • Clarity on purpose of the survey: Trustee Caldwell asked that the purpose of the survey is both clear and is asking for input rather than validating decisions that were already made. Dr. Hortt clarified that the architects want to design programmatically based on input from the public and then consider the budget to value-engineer the project as much as possible. This input will help identify use of the spaces and move from a conceptual vision to a working space for learning and problem solving. The space design is being informed based on conversations with Aims, the Greeley Chamber of Commerce, Greeley-Evans District 6, Aims, University of Northern Colorado. His work on the GEARS Committee has enabled conversations with industry representatives in addition to other Weld County School Districts. Dr. Hortt noted that school districts are currently focused on reopening and that the conversation about the Innovation Center needs to be reintroduced. • Clarity on the design: Trustee Smock asked that the effort ensures that the design team knows what the community wants from the facility. • Hiring a marketing firm: Trustee Smock asked for more information about the purpose of hiring a company such as Bonnie Dean Associates and the time frame for the work. Dr. Hortt explained that the role is to support moving the project forward as successfully as possible. The team should be hired within the next two-weeks and will serve in an advisory role. While the cost is currently unknown, it will be negotiated and will fit well within the limits of the Executive Director’s signature. Hiring a marketing company is necessary as both Dr. Hortt and Manager Melena do not have capacity to add this work. Dr. Hortt anticipates that the time commitment for the marketing committee will be about two to five hours per week and CRM Manager Melina estimated the cost will be approximately $50 to $75 per hour. • Speakers Bureau: Chair Poncelow requested that Community Relations & Marketing Manager Melena design a presentation that is regularly updated on the project. The speakers
bureau should include the Board, Managers, and Directors. He concluded by stating that this is a great project and we need people to be excited about it. • Target audiences and approach: Trustee Holton requested that focus is placed an approaching those who are often not included in the conversations such as homeschooling families, those using food banks, and others who are often missed. She noted that the tobacco coalition in Fort Lupton worked with the University of Northern Colorado to create a survey that used less traditional methods to gather feedback. Chairman Poncelow asked that she send her ideas directly to Executive Director Hortt.
MOTION to allow the Director to hire a public relations person on a temporary basis: Vice- Chair Heberlee SECOND: Trustee Caldwell DISCUSSION: Trustee Damsma asked whether the motion includes permission for the Executive Director to interview the candidates. Chair Poncelow confirmed this was the case. VOTE: Unanimously approved; 7:0
2.3 Intergovernmental Agreement Approval with Member Libraries (Action) Executive Director Dr. Matthew Hortt reported that the Town of Eaton approved Thursday, July 16th. Eaton Public Library Director Brenda Carns shared that the process went very smoothly and appreciated working with the District. • The Town of Platteville is presenting the IGA to their Board on Tuesday, July 21st. Executive Director Hortt will be attending the meeting. • Hudson will be sending theirs to the town for review on August 5th. • There has been no comment from the Town of Johnstown at this time. • The District is working with Northern Plains and will be meeting with the City Council in the next week or two • Fort Lupton is awaiting the results of the District’s conversation with Northern Plains before taking action. Executive Director Hortt highlighted that the Board Packet includes both the Eaton and Platteville agreements for the Board’s approval. Trustee Damsma asked whether there was any new information about proposed IGAs that should be shared. Legal Counsel Garcia responded that the documents were reviewed in negotiation, executive sessions, and open meetings. There are no substantive changes from prior updates. Changes were limited to updating dates and housekeeping items.
MOTION to approve the IGA between the High Plains Library District and the Eaton Public Library: Trustee Smock SECOND: Secretary/Treasurer Roberts DISCUSSION: None VOTE: Unanimously approved; 7:0
MOTION to approve the IGAs between the High Plains Library District and the Platteville Public Library: Vice-Chair Heberlee SECOND: Trustee Smock DISCUSSION: Trustee Damsma expressed concern about the District approving the IGA before the Town of Platteville approves the IGA. Legal Council Garcia clarified that the District Board could approve the IGA as written and then could review any changes if the Town modifies the IGA. VOTE: Unanimously denied; 0:7 The Board will await the approval from the Town of Platteville before voting on the IGA.
2.4 RFP Review (Information) Dr. Matthew Hortt, HPLD Executive Director led the annual review of current RFPs. This summary is purely informational and any renewals will be formally introduced as time progresses. Currently, the District has 43 vendors. These vendors fit within one of three categories: • On Call, an example being Wember, Inc; • Continuous, an example being the District’s legal counsel; and, • Termination, an example being Realtech for real estate services. On December 31, 2020, four vendor contracts are due to terminate: the District’s Investment Group, two Courier contracts which are American Courier and Roybal, and our Owner’s Representative Contract which has an option to extend. The District has heard that one of the couriers might not want to renew their contract. Secretary/Treasurer Roberts asked whether these RFPs are within Finance Manager Wertz’s oversight. Executive Director Hortt clarified that while many is under Wertz’s oversight, there are many others that within other departments such as Facilities and Human Resources.
2.5 Future Revenue Projections & Cost Savings Planning Updates (Action) Finance Manager Wertz reported that the Finance Committee met on July 1, 2020 to continue discussions on budget handling. Associate Director Marjorie Elwood and the Collection Development staff have made progress reviewing databases and periodicals that can be discontinued due to low/limited use. There have been good discussions as the District begins the 2021 budget process. The new request forms were sent to managers last week. The goal is to hold the operating budget to $20 million for the next two years.
Discussion: Trustee Caldwell asked whether anything has changed since last discussion. Secretary/Treasurer Roberts reported that there have been no drastic changes. The County will have preliminary budget information by August 25th. There will be a discussion on health insurance premiums as they impact the District’s budget. Executive Director Hortt shared that the District has started cancelling database subscriptions and savings from those cuts will be seen soon. Staff focused on finding databases that duplicated information found elsewhere in addition to having low levels of use. Trustee Smock asked about the anticipated reduction. Executive Director Hortt and Finance Manager Wertz reported that the District is preparing for a 10% - 15% reduction in revenue. This year, the District is operating is just below $20 million. However, with new facilities, the District needs to plan for increases in operating costs, salaries, insurance premiums and utilities through finding cost savings in other areas. Chairman Poncelow asked if the District has a hiring freeze. Dr. Hortt responded that it is more like a hiring frost. The Managers and Associate Directors will consider whether a position really needs to be filled.
2.5 Build a Better Organization Overview (Information) Executive Director Dr. Matthew Hortt highlighted the information he sent the Board about the Baldrige Award in April 2020 in lieu of a meeting. He highlighted the Baldrige Management System to help forward the District’s strategic plan efforts to increase excellence. This effort started with the encouragement of former Trustee Grand. While the District would like to receive the award, the real priority is about finding efficiencies and building a better organization. Dr. Hortt then summarized the effort through four areas of focus: • Why should you care? It will help the District identify and answer three questions:
1) Is our organization doing as well as we need to be doing? Currently, our answer is “no.” 2) How do we measure excellence and know that we are getting better? We need to identify measures of people’s feelings and their participation. 3) What and how should the organization improve and change? • Board’s Challenge How do we improve our organizational relationships? While the Board is very aware of the relationship issues between the District and the Member Libraries, there are similar relationship issues between Administration and Branches. This is an issue the District needs to resolve if we are to become an excellent organization. The pandemic has exacerbated the issue and made it clear that not all staff within the District understand how the District works. • The Baldrige framework – the framework requires the District to develop an organizational profile that focuses on seven specific area. We know that, we will be torn apart. Library Process & Information Manager Barb Wright-Wisner, Information Technology Manager Susan Staples, and Executive Director Hortt have already started on this work. He anticipates that the District will likely receive 60 out of 200 possible points. We won’t like it but, we need to know. This could easily be a 12-year process as the district has to move through four or five levels, achieving an 80% rating before moving to the next level. It may be that High Plains Library District will never receive the award however, the process will help us become a better organization which is the primary purpose of this effort. To date, no library has won this award.
Trustee Damsma asked about how the Baldrige organization interacts with participating Organizations. Dr. Hortt clarified that site visits are limited to locations that are finalists for winning the award. The City of Fort Collins has gone through this process and it took a long time to achieve the site visit. They shared that the visit is a nerve wracking process. However, even if we never get the award, we are consistently getting better. No library has won this award so, who knows, we might get it, but that isn’t the primary intention.
Trustee Smock asked about the number of awards given per year. Executive Director Hortt clarified that there is no quota for this national organization. The awards are broken between organization type, but there is no quota for this national organization. The award was originally put in place by President Ronald Regan’s administration to support excellence.
Trustee Caldwell asked about the expectations for the Board. Executive Director Hortt responded that the expectations outlined in the document. The first thing is that the Board review at the starter guide and, as decisions are made, the Board consider factors as part of the decision- making process. Executive Director Hortt then highlighted the different areas for attention: • Leadership – This includes both the staff and the Board • Strategic Planning – Does the organization have a process for the strategic plan and is that process followed?
Secretary/Treasurer Roberts confirmed that the document format has the category listed below the description. • Customer & Market Focus – this section challenges the organization to identify their customers and their competition. Executive Director Hortt noted that anything that takes people’s time are our competition. It is known that libraries are used more when economic times are hard. However, the District also needs to be realistic about how to attract more people. Chair Poncelow noted that the Internet is direct competition as so many people trust the information they find and don’t check with the purveyors of information. • Measurements & Analytics a significant area of growth for the District. We need to learn how to quantify our efforts. A goal is to be able to say that the District helped x many people learned skills and got employment.
• Workplace focus – what is the focus of our staff and how does the District use existing processes to help keep staff stay focused? • Process management – This section focuses on insuring that the organization doesn’t forget the right people when moving ideas forward. The District is starting a process that alerts staff of a pending effort and give them a chance to get involved/review. Executive Director Hortt clarified that the District is currently using Microsoft Teams and is moving towards using Sales Force. • Results – the measures are reviewed and used to assess effectiveness.
Trustee Holton noted that there need to have a category for “unicorns” where the internal leaders are identified. The District is an organization with many smaller organizations. There is an organization really interested in working with us due to the challenges we have as an organization.
Chair Poncelow requested that the District make a presentation at an upcoming national conference. He noted that, by making a presentation early in the process, the District will be honest about the experience. Executive Director Hortt and Community Relations & Marketing Manager Melena will likely make that presentation.
The submittal deadline for stating the District’s intention to pursue the award was in the midst of COVID-19 and there was a discussion about whether to do it. The District did take that step and Library Process & Information Manager Wright-Wisner is tracking the process.
Executive Director Hortt presented the Board with an article about visionary leadership and systems. He will send the article to them after the meeting. Chair Poncelow suggested that the District host a training for the District and Member Boards at a future date.
Timeline of actions: Executive Director Hortt reviewed the timeline of the Baldrige process which started as a discussion in 2017. Since that date, IT Manager Staples identified milestones and consultant resources for the process. In January 2020, an emoji interaction tool was created for staff use. The emoji system was adapted as a communication tool during the first four months of COVID- 19. During the COVID-19 shutdown, Weekly Town Hall meetings were organized to share information with staff. Initially attendance averaged about 80 people. As attendance dropped has dropped by half, so have the Town Hall Meetings. • Have submitted • Goes all the way out to July 31, 2022 deadline for applications. We will continue to move forward.
What is needed from the District Board of Trustees: Executive Director Dr. Matthew Hortt highlighted the three needed actions from the Board: • That the Board consider the impact they are wanting and to assess whether the decision supports that desired impact. • That decisions are made based on the data available.
Trustee Caldwell asked about the ability to gather that data. Dr. Hortt acknowledged that currently we can provide some data. However, the District is working towards improving data collection. Community Engagement & Strategies Manager Elena Rosenfeld will be focusing on this effort once a new Executive Assistant is hired. The District has the needed products to support data collection and the next step is to fine-tune that data. Dr. Hortt asked the Board to identify a consumer confidence index that meets the needs of the Library District. This confidence indicator should: o Only require three questions to provide a clear confidence indicator; o Should have the right sampling from the community.
Trustee Caldwell and Secretary/Treasurer Roberts noted that there is plenty of data and expertise available. Dr. Hortt agreed, citing access to sources such as Analytics on Demand. He also clarified that sources has limitations. In the case of Analytics on Demand, they rely on Experian’s credit card use data which misses many of our community members who don’t have credit. He concluded by noting that, to be successful, our Managers and Supervisors need to be excellence coordinators and that they will be focusing on areas of expertise. When asked about Emergency Plans and how to follow those practices, Dr. Hortt responded that some emergency plans are dictated by others which limits options. • That the Board to review the current documents and be prepared for more tools and resources. Chair Poncelow requested that there be a document outlining the priorities for good decision- making be prepared and included in all Board packets.
When asked about how the process continues, Dr. Hortt clarified that the District will need to apply for the Baldrige award annually. Those who have won have taken a year off and then start applying again as the process is more about continuous improvement than receiving the award. An organization that earns a 60-80% success rating may receive the award which demonstrates that there is always room for improvement.
Trustee Damsma concurred, noting that if we know a process that we can keep using it and keep it as a culture. He recommended viewing the video The 16th Second (https://www.youtube.com/watch?v=T76FdtKreNQ) where Valedictorian Kyle Martin shares the question of what one does next after succeeding.
Chair Poncelow concluded that our goal is to be excellent and through excellence, it is easier to hire staff who want to work at an excellent organization.
3.0 DIRECTORS REPORT 3.1 Review Draft Agenda Executive Director, Dr. Matthew Hortt confirmed that the August 17th Regular Session will be held at the Glenn A. Jones Memorial Library in Johnstown at 5:00 p.m. Library Director Kristi Plumb and her staff are looking forward to showing the results of the renovation project. Meeting topics to be covered include: o The possible introduction of a new library manager; o Discussion of the Board selection process as the term for both Vice Chair Heberlee and Trustee Damsma concludes at the end of the year, o Review of newly approved IGAs; o Update on revenues; o Review of the prototype library plans for Grover and Mead; and, o Review of three or four proposed policy revisions.
Secretary/Treasurer Roberts clarified that prototype library discussion will focus on using the prototypes at the locations.
Chair Poncelow suggested that the District contact radio show host Ron Caskey to promote the opportunity for community input on the new library and innovation center. Caskey’s wife is an avid user of the Carbon Valley Regional Library which might be a motivator for him to offer free promotion.
3.2 District Updates Executive Director Dr. Matthew Hortt shared that Governor Jared Polis’s July 11th visit to the District Support Services Building was a quickly organized event. The District was informed that there was interest in a visit on Monday, July 6th and then informed of the plan on Thursday, July
9th. During the 15-minute visit, the Governor was given a chance to see the District’s vehicles, had a few questions answered, and was given a library card. The conversation’s focus was on the District’s partnership with the Northern Colorado Immigrant and Refugee Center and on the Naturalization Ceremony. Dr. Hortt shared that the interaction was a positive one and that it was interesting to talk with the Governor about why the grant funds are being used to purchase higher scale mifi units to serve those who do not have broadband access.
Library facilities opened the building doors to the public on June 29th. Dr. Hortt described the processes in place to encourage mask wearing in the buildings and the State’s mandate.
Grover Library: While the community is disappointed that the negotiations for the library to purchase the Opera House failed, they look forward to considering the new possibilities. It was clarified that the community wants a building that is set on a pad and not a modular.
Clarification of Volunteer Roles: Based on a decision from the Supreme Court and advice from the Employment Council, language in policy documents and the volunteer manual were updated to specifically state that volunteers do not replace employees.
Collection Resources Librarian Lori Johnson was interviewed by KUNC about building a more inclusive collection. She did a great job.
Virtual Reality Storytime to be posted July 21st or 22nd: Dr. Hortt concluded his report by encouraging Board Members to be on the lookout for the new Minecraft-like storytime created by MOVE Librarians Salahuddin McKloskey and Timothy Ruth. The storytime will be posted on the District’s YouTube page
4.0 BOARD REPORTS/ COMMENTS A. Chair Poncelow noted that while the members of the Downtown Library Design Committee sit at the table, the project’s success is through input from many others. He also asked Board members who are interested in participating in an idea-gathering tour of other libraries to contact Executive Director Dr. Matthew Hortt who is drafting an itinerary. B. Vice-Chair Heberlee commented on how well the Board and District are doing – especially in terms of managing services within the COVID-19 restrictions. C. Secretary/ Treasurer Roberts allowed that she was not quite sure how she was selected to serve on the Downtown Library Design Committee when her experience is on designing prisons. However, she is grateful to be part of a process which includes a mix of perspectives from the District’s owner representatives, Board, and staff to the hired architects and builders who are all focused on designs, timelines and processes to create something that everyone wants. It’s interesting to see the process. She believes the end results will be something most of the citizens will say “aha, great idea, great application, great finish.” She highlighted the need to name the facility to insure that people don’t call it the “downtown” or “Greeley” library. People are already emailing comments to Dr. Hortt. However, need to know soon so can give it a name that isn’t “downtown” or “Greeley” library. The name should be intriguing, but not on the level of a name like “Meow Wolf”. D. Committees – there were no committee updates E. Other Board Members • Trustee Caldwell attended the online Naturalization Ceremony. She found the experience intriguing and was pleased to learn that Weld County is home to 19 new citizens from ten different countries. She noted the Governor’s visit to the District and how it was reported by both the Greeley Tribune and KUNC. She encouraged attendees to find the story online. Trustee Caldwell thanked the members of the public who have taken time to share their comments during the last two months. She read, reviewed, and pondered what was
shared and appreciates the emotions and thoughts of those who wrote. The comments provide good and important information whether or not she personally agrees with them. • Trustee Damsma concurred with Secretary/ Treasurer Roberts about the importance of identifying a meaningful name for the new library in downtown Greeley. Chair Poncelow noted that there is also the possibility of selling the naming rights. • Trustee Holton expressed excitement about the Baldrige effort as any good organization looks at what can be done better. She also highlighted the fact that 30-40% of the students in the Fort Lupton area cannot access the Internet. As schools identify education options to address the risk of COVID- 19, there is a high priority on providing Internet hotspots which is a need the District can assist in resolving. Trustee Holton appreciated the District’s speedy response to comments on Facebook and recognized that it is a powerful route to connect with the public. Through attending the American Library Association’s (ALA’s) Online conference and reviewing the Colorado Association of Library’s (CAL’s) Conference agenda, the focus on diversity and reaching non-library users is a clear priority. There are conversations on how libraries exist to support communities, by not just giving the book, but by also discussing the content. The District needs to consider how to open other spaces and identify other organizational partners to accommodate more people. It’s an exciting time to be here. • Trustee Smock thanked Chair Poncelow and Secretary/ Treasurer Roberts for their participation on the Downtown Library and Innovation Center committee. She also noted how wonderful it was to see people back at the Centennial Park Library.
5.0 ADJOURNMENT There being no further business before the Board:
MOTION: Trustee Damsma SECOND: Vice-Chair Heberlee DISCUSSION: None VOTE: Unanimously approved; 7:0
MEETING ADJOURNED: 7:25 p.m.
Upcoming meetings:
August 17th, 5:00 p.m. HPLD Board of Directors Meeting- Regular Session, Glenn A. Jones Memorial Library, 2650 W. 29th. St., Greeley, CO 80631 HIGH PLAINS LIBRARY DISTRICT BOARD OF TRUSTEES COMMUNICATION
Meeting date: August 17, 2020 Type of item: Action Subject: Food For Fines Presented by: Dr. Matthew Hortt, Executive Director Recommendation: Staff recommends continuing with the program.
Background High Plains Library District has been participating in Food for Fines since 2013. This program helps to support food banks in the District. Patrons can receive up to $70 reduction in fines or fees in exchange for a non-perishable food donation. For every can/food item they bring in, $1 is waived from their account.
The program is set for a 2-week period in October. This year will be October 11-24. The food collected is donated to Weld Food Bank, Carbon Valley Help Center, Erie Community Food Pantry, and Milliken Food Bank.
In 2019, the District collected 2,178 pounds of food and waived roughly $1,274 in fines.
Considerations While the District has a fines free policy, there are still patrons who may have fines or fees assessed on their account for one reason or another. This provides patrons an alternative method to resolve fines and fees on their account at the same time that they are contributing to the good of the community.
Recommendation Staff recommends continuing with the program.
HIGH PLAINS LIBRARY DISTRICT BOARD OF TRUSTEES COMMUNICATION
Meeting date: August 17, 2020 Type of item: Action Subject: Board Selection Process Presented by: Dr. Matthew Hortt, Executive Director Recommendation: Staff recommends the Board approve the release of the recruitment materials
Background Each of the towns and cities of Ault, Eaton, Evans, Greeley, and Hudson, as well as the Board of County Commissioners, may appoint one (1) representative to a nominating committee to select seven (7) library board members. The City of Fort Lupton and Weld County School District RE-8 is deemed to be an establishing body, for purposes of removal and ratification of library district trustees; but combined shall send only one (1) representative to the HPLD trustee selection committee.
Considerations • Staff have prepared and updated: o Letter to the Establishing Bodies o Notice-Seeking Board Applications o Trustee Application • Deadlines for applications and the interview date maybe adjusted by the Board • The Vice-Chair of the Board of Trustees, Chairs the Selection Committee • Trustee Caldwell is the second Member of the Selection Committee
Recommendation Staff recommend the Board approve the release of the recruitment materials
August 20, 2020
Barbara Kirkmeyer, Chair Weld County Board of Commissioners PO Box 758 Greeley, CO 80632
Dear Commissioner Kirkmeyer,
The High Plains Library District is seeking nominations to fill two vacancies on its Board of Trustees. The terms for John Damsma (representing Region 1) and Mary Heberlee (representing Region 5) are set to expire on December 31, 2020. Notice of the vacancies has been placed in newspapers, libraries, and on the HPLD website, www.MyLibrary.us.
The region to be represented are:
The Board of Trustees consists of seven (7) members, all of whom must reside within the boundaries of the District’s legal service area. The areas needing representation are:
• Region 1. Erie, Frederick, Firestone • Region 5. Ault, Eaton, Nunn, Pierce
Where your help is needed. Our request to you is to appoint one (1) member of your governing body to serve on a committee to interview and select the new Board member. We request that you call James Melena, Community Relations & Marketing Manager at 970-506-8559 or email [email protected] with the name and email address of your representative by Friday September 18, 2020.
Copies of candidate applications will be sent electronically to your representative during the week of October 7, 2019.
We then need your representative to attend a meeting set for Friday, October 12, 2020 1:00 to 3:00 pm to interview all candidates. This meeting is at the HPLD Administration and Support
August 20, 2018 Page 2
Services building, 2nd floor meeting room, 2650 W 29th Street, Greeley. Mary Heberlee, Board Vice-Chair, will chair the committee.
Background on process Each of the towns and cities of Ault, Eaton, Evans, Greeley, and Hudson, as well as the Board of County Commissioners, may appoint one (1) representative to a nominating committee to select seven (7) library board members. The City of Fort Lupton and Weld County School District RE- 8 is deemed to be an establishing body, for purposes of removal and ratification of library district trustees; but combined shall send only one (1) representative to the HPLD trustee selection committee.
Attached you will find a copy of the application form to be completed by potential candidates. In addition to applications received through public notices, you may offer nominations as well. As you consider your nomination, please consider these points for appointment to the High Plains Library District Board of Trustees.
• The Board currently meets at least one Monday a month, in the evenings. • Though attendance at board meetings is a first concern, a trustee must also assume a sense of personal involvement and be willing to give extra time and effort to special library projects and committee meetings. • In addition, several Trustees may be required to serve on the HPLD Foundation Board of Directors. As per the Foundation bylaws, there shall be no less than seven (7) and no more than nine (9) directors, of which a majority of must be HPLD Trustees. • A dedication to cooperate in providing quality library service throughout the district is imperative.
Executive Director, Dr. Matthew Hortt, 970-506-8563, will be glad to answer any questions the candidates might have concerning service on the Board. We look forward to your assistance in filling this position.
Sincerely, HIGH PLAINS LIBRARY DISTRICT BOARD OF TRUSTEES
NOTICE
The High Plains Library District Board is seeking candidates to
fill two vacancies on its Board of Trustees.
The Board of Trustees consists of seven (7) members, all of whom must reside within the boundaries of the District’s legal service area. The areas needing representation are:
• Region 1. Erie, Frederick, Firestone
• Region 5. Ault, Eaton, Nunn, Pierce
Interested applicants should complete an online application at http://www.mylibrary.us/board/.
Application deadline is September 25, 2020 at 5pm.
For more information, contact James Melena at
[email protected] or 970-506-8559
High Plains Library District Board of Trustees Application
Below you will find the High Plains Library District Board of Trustees application form. Please consider these points for appointment to the High Plains Library District Board of Trustees.
• The Board currently meets at least one Monday a month, in the evenings.
• Though attendance at board meetings is a first concern, a trustee must also assume a sense of personal involvement and be willing to give extra time and effort to special library projects and committee meetings.
• In addition, several Trustees may be required to serve on the HPLD Foundation Board of Directors. As per the Foundation bylaws, there shall be no less than seven (7) and no more than nine (9) directors, of which a majority of must be HPLD Trustees.
• A dedication to cooperate in providing quality library service throughout the district is imperative.
High Plains Library District Board Appointments
District Support Services – 2650 W 29th Street, Greeley, CO 80631
Application is due September 25, 2020 at 5 p.m.
Interviews will take place on October 12, 2020 from 1-3 p.m.
Date/Time
Name
First Name______
Last Name ______
Home Address
Address Line 1______
Address Line 2______
City ______
State______
Zip Code______
Business Address
Address Line 1______
Address Line 2______
City ______
State______
Zip Code______
Phone ______
Email ______
School District______
Birth Date______
Profession, Occupation/Employer, Titles
If more than one, please list all and indicate which is primary.
______
______
Civic/Professional Affiliations, Offices, Activities
Please indicate if you hold or have held an elected or appointed public office and when. Include any appointments to any councils or commissions.
______
______
Education
12 years or less 12-16 years Over 16 years
Highest Degree ______
Degree, Year, Institution
Which position are you applying for?
Region 1 - Erie, Frederick, Firestone Region 5 - Ault, Eaton, Nunn, Pierce
HIGH PLAINS LIBRARY DISTRICT BOARD OF TRUSTEES COMMUNICATION
Meeting date: August 17, 2020 Type of item: Information Subject: Downtown Library Update Presented by: Dr. Matthew Hortt, Executive Director Recommendation: No action to be taken, information only. Staff encourage the Board to take the survey and encourage the citizens in their regions to do so as well.
Background Planning on the Downtown Library/Innovation Center continues.
Considerations • Public Survey: o Released on 8/10/2020 and will be available through 8/24/2020. o Available online and in person o Available in English and Spanish o Google Translate enables the users to translate the online version into a variety of other languages o The survey can be accessed at: https://survey.zohopublic.com/zs/AsbZhN
• Public Meeting o Provides additional background and information to the survey o The initial session will be recorded and then replicated in libraries throughout the District o Recommendation No action to be taken, information only. Staff encourage the Board to take the survey and encourage the citizens in their regions to do so as well. HIGH PLAINS LIBRARY DISTRICT BOARD OF TRUSTEES COMMUNICATION
Meeting date: August 17, 2020 Type of item: Action Subject: IGA with Member Library Approval Presented by: Dr. Matthew Hortt, Executive Director Recommendation: Staff is recommending the Board approve the IGAs with the Towns of Platteville and Hudson.
Background Staff and legal counsel have been working on an updated IGA with the Member Libraries, their municipalities and our IGA Committee. On February 24th and IGA Meeting was held with representatives from all organizations and the legal counsels have been working together one IGA document.
Considerations • The Town of Eaton approved the IGA on July 16th 2020 • The Town of Johnstown pulled the IGA from their August Meeting and will revisit in September • The Town of Platteville approved the IGA on July 21st 2020 • The Town of Hudson approved the IGA on August 5th • Staff are currently working with the Town of Ault and the Northern Plains Public Library on the IGA • Staff are currently working with The City of Ft. Lupton on the IGA
Recommendation Staff is recommending the Board approve the IGAs with the Towns of Platteville and Hudson.
RESOLUTION NO.
__ 20-19___
TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE HIGH PLAINS LIBRARY DISTRICT CONCERNING LIBRARY SERVICES
WHEREAS, since 1985, the Town has cooperated with the High Plains Library District, or its predecessor Weld Library District, regarding operation of a public library and allocation of property tax proceeds;
WHEREAS, the High Plains Library District (the "District") wishes to standardize and clarify how member libraries select services to receive from the District as well as the dates for notice of anticipated tax revenue;
WHEREAS, the Town, in consultation with the Hudson Library Board has selected the services it wishes to receive at the Hudson Public Library; and
WHEREAS, the selected services as well as other provisions clarifying details of the prior agreement between the parties, the Agreement Concerning Participation in the High Plains Library District between the Library District and the Town dated March 5, 2014, are set forth in the Intergovernmental Agreement Concerning Library Services Between the District and the Town, attached hereto and incorporated herein (the "IGA").
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF HUDSON, COLORADO, AS FOLLOWS:
Section 1. The Town Council hereby approves the IGA in substantially the form attached hereto, subject to final approval by the Town Attorney, and authorizes the Mayor to execute the same on behalf of the Town.
INTRODUCED, READ and PASSED this 5th day of August, 2020.
TOWN OF HUDSON, COLORADO
Laura Hargis, Mayor
(SEAL)
ATTEST:
______Charity Campfield, Town Clerk
1 7/28/2020 Q:\USERS\HUD\RES\2020\HPLD IGA-R072820.DOCX
HIGH PLAINS LIBRARY DISTRICT BOARD OF TRUSTEES COMMUNICATION
Meeting date: August 17, 2020 Type of item: Action Subject: Prototype Library Design Rollout Presented by: Dr. Matthew Hortt, Executive Director Recommendation: Staff is recommending the Board direct the staff to proceed with the development of all three projects.
Background In December 2019, the Board approved an updated Facilities Master Plan for the District. The plan was developed in consultation with Wember Inc. and Studio Troupe and provides for guidelines for current and future facilities as well as the design of a prototype library that can be used and scaled to fit a project. Considerations • Three possible projects have emerged that could utilize the prototype library concept for further development. o Grover o Mead o New Raymer • Wember Inc has taken the prototype information and conducted a preliminary fit test for Grover and Mead Projects • The New Raymer project is being proposed as a Public Computing Center
Recommendation Staff is recommending the Board direct the staff to proceed with the development of all three projects
July 31, 2020
HIGH PLAINS LIBRARY DISTRICT
FIT TEST ASSESSMENT FOR NEW LIBRARY, GROVER COLORADO
LOCATION:
The Town of Grover is located approximately 55 miles North East of the High Plains Library District Administration offices in Greeley.
Site Fit Test Assessment Pg1
412 CHATOGA AVE, Grover Colorado - Fit Test Assessment
The 2,700 square foot site reviewed above is at 412 Chatoga Avenue or also known as County Road 120-3/4 just East of Ord Street in Grover just South East of the Grover Fire Department and Town Hall.
The High Plains Library District (HPLD) foresees an approximate 1,000 To 1,500 square foot building for the library building based on the size of the surrounding community and the size of the land provided.
The town of Grover is the current landowner and has proposed this site for evaluation to see if it meets the library’s needs for a building to service the local community.
The old Town of Grover was founded on October 29th 1888, situated in the isolated North of Weld county, Grover is still home to 150 residents. Surrounded by the Pawnee National Grasslands and vast prairie, Grover was once home to successful businesses, stores, a Stage Station and Hotels. But nowadays, these buildings are now boarded-up or reduced to rubble, as its residents moved outwards away from the once proud Grover. The Towns populace abandoned Grover during the Dust Bowl era, and also in the 1970's when the Burlington railroad from Sterling to Cheyenne closed. The dusty little town usually goes untouched by passers by, but Grover still holds on to its old western charm.
Grover Design Guidelines The site is within the town of Grover and it will be required to utilize the Weld County Design Guidelines for a new building since there are no Grover specifications.
HPLD Prototype Design Guidelines The project will utilize the HPLD prototype guidelines but be interpolated as the prototype does not design this small of a facility.
Water Detention It is assumed from the existing development in the town there will not be a detention requirement.
Utilities It is also understood from the current land owner that the wet and dry utilities are available at the site. Internet connection is also available.
Public Streets It is not clear yet if any street improvements will be made any time soon adjacent to the site, but the current streets service the land.
Parking It is not clear if there will be a parking requirement however, it is anticipated that the library will only provide off street parking similar to the town hall building across the street.
Recommendation A 1,000 SF to 1,500 SF building would work on this site. Wember is recommending that further analysis and discussion should be had with the town of Grover to verify town design requirements if any. We would also need to connect with a semi-local construction firm to get some budget construction costs for a project in Grover, or possibly a modular building that fits in with the community.
Site Fit Test Assessment Pg2
Next Steps • Define HPLD board desires for a library in Grover. • Determine what the design programming for the building would be. • Engage design and construction consultants to take the design further for evaluation.
Prepared by: Dan Spykstra Wember, Inc. HPLD On-Call Owner’s Representative
Site Fit Test Assessment Pg3
July 24, 2020
HIGH PLAINS LIBRARY DISTRICT
FIT TEST ASSESSMENT FOR NEW LIBRARY, MEAD COLORADO
Welker Ave at Ames Park, Mead Colorado - Fit Test Assessment
The site reviewed below is on Welker Street in Mead just east of Ames Park. The High Plains Library District (HPLD) foresees a 10,000 square foot building for the library based on the size of the surrounding community.
The land owner has proposed 4 options for the subdivision of this overall site, we have evaluated the two options that best meet the library’s needs.
The proposed Library site is adjacent to the current Town of Mead Ames Park which has future plan of developing a community center on the site which would tie in nicely with the library location.
(Option 1) Library Parcel, approx 3 acres. (650 ft x 200 ft)
The overall site outlined in yellow above is approximately 36 acres and will include residential, commercial development and a parcel for the public library. The Library Parcel is approx 3 acres and would accommodate a 10,000sf library with associated parking. The parcel has 650 ft of frontage along Welker but only 200 ft deep, which might be a challenge to arrange a library building with associated parking. Option 2 below should be considered.
Site Fit Test Assessment Pg1
(Option 2) Library Parcel, approx 3 acres. (4350 ft x 300 ft)
Option 2 Library Parcel is also approx 3 acres and would also accommodate a 10,000sf library with associated parking. This parcel has 435 ft of frontage along Welker but 300 ft deep, which would be easier to arrange a library building with associated parking.
This option would need to be discussed with the land owner and should be agreed to prior to the subdivision process as it was not the favorite option for the land owner.
Mead Design Guidelines The site is within the town of Mead and it will be required to utilize the Mead Design Guidelines for a new building.
HPLD Prototype Design Guidelines The project is an ideal candidate for utilizing the HPLD prototype guidelines.
Water Detention It is understood from the current land owner representative that the detention will be an overall detention system for the overall 36 acre site including the library site and a commercial parcel to the east.
Utilities It is also understood from the current land owner representative that the wet and dry utilities infrastructure will be provided by the residential developer if construction phasing is coordinated.
Public Streets It is understood from the current land owner representative and the Town of Mead that new streets into the development will be provided by the Town of Mead in conjunction with the developer.
Site Fit Test Assessment Pg2
Parking With a total building square footage of 10,000 it is possible to locate a one story ground level building on the 3 acre site and would accommodate minimal surface level parking of approximately 25 spaces based on local codes.
Recommendation Wember is recommending that further analysis and discussion should be around coordinating design and construction efforts with the developer to provide infrastructure to the library parcel to move forward.
Next Steps • Evaluate cost of the land purchase and parcel size configuration • Determine developer’s schedule • Engage design and construction consultants to take the design further for evaluation.
Prepared by: Dan Spykstra Wember, Inc. HPLD On-Call Owner’s Representative
Site Fit Test Assessment Pg3
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HIGH PLAINS LIBRARY DISTRICT BOARD OF TRUSTEES COMMUNICATION
Meeting date: August 17, 2020 Type of item: Action Subject : Policy manual amendments Presented by: Patron Experience Specialist Tony Brewer Recommendation: Approval of two policies; direction to staff on a third
Background There are three policies to be reviewed in today’s Board meeting: • Privacy of User Records • Social Media • Public Statements All three of these policies are of significant gravity, as they relate to foundational library issues of privacy and freedom of speech.
Privacy of User Records This policy was formerly titled the Confidentiality Policy. The name is changed to reflect that this policy is the District’s interpretation of the state law on Privacy of User Records (CRS 24- 90-119). Parts of this law are explicit; other parts require interpretation. Interpreting this statute has always been a challenge for libraries. This revised policy (and related procedure) is the collaborative work of the Library Managers, the Patron Services Supervisors, and legal counsel Bill Garcia.
The most significant interpretive part of this policy is in the section on “Scope of the statute.” It was necessary to interpret the meaning of “records”, and “minor” since they are not defined in the law itself. It was also necessary to identify those parts of the law that are mandatory, and those that are permissive.
Another significant issue concerns who, and under what circumstances, those other than the borrower can access the borrower’s records. The law identifies that this can be for reasonable operations of the library, for legal purposes, and by the parents of a minor under certain conditions. In keeping with the law, the District allows patrons to designate others who can have access to the account. These are identified in the policy as “peers.”
Access, however, can include a lot of things. The policy spells out specifically what is included in access for parents and peers. Parents have greater access, peers have less. The primary criterion was customer service: there are functions a borrower might regard positively (e.g. allowing a spouse to pick up a hold) and others that might have a negative customer service impact (e.g. a sister has access to her brother’s account and deletes his account).
Finally, the policy identifies exceptions. These mostly repeat what is in the law but identifies other exceptions which are consistent with the spirit of the law.
Social Media This will be a new policy in the Policy Manual. The Library District maintains social media accounts. These are effective tools for marketing and interacting with the community. With these 2 tools come challenges for how to ensure that it is a positive and useful tool while allowing for freedom of speech by the public and employees.
The policy identifies these challenges, the District’s purposes in using social media, who has responsibility for social media, and the means for regulating social media sites. The policy also addresses the implications of Colorado law (CRS 24-34-402.5) which provides protection for employees who may be using personal social media accounts on their own time.
This policy (and related procedure) are the collaborative work of eMarketing Specialist Peter Derk, Community Relations and Marketing Manager James Melena, Executive Director Matt Hortt and legal counsel Bill Garcia.
Public Statements This is a work in progress, which requires direction from the Board. The policy is a follow-up on a suggestion that it may be helpful for the Board to identify those areas in which they will or will not make formal statements on matters of public concern. The intent was to assist board members in fulfilling the provisions of the Board’s Ethics policy for not being swayed by partisan interests, public pressure, fear of criticism and distinguishing between personal and District philosophy.
In the process of working out what such a policy might look like, there were four options or approaches that were identified. Draft policies for each option (except option 1) are included in this board communication. The direction needed from the Board is which, if any, of these options staff should pursue.
Option 1 – Ethics Policy - The Board may feel that the Ethics Policy is sufficient on its own and that no additional policy is needed (there is no policy sample for this option.)
Option 2 – Ethics Policy Explicit - This option is similar to option 1 but articulates that the Board may make comment on any matters of public concern that are within the parameters of the Ethics Policy.
Option 3 – Board – Areas of Public Concern - This option expands on the underlying issue: if libraries are about protecting freedom of expression of a variety of views, when is it appropriate for the Board to take a stand for one point of view? This option does make reference to the Ethics Policy, and then identifies the position of the Board in four areas where public statements may come into play: (1) Policy decisions (2) Elections and ballot issues (3) Health and safety issues and (4) Social issues. If this approach is selected, staff would suggest working with the Board Policy subcommittee to determine that the statements reflect the Board’s position.
Option 4 – Board and Staff - This option combines option 3, and expands to include how staff and library protecting freedom of expression applies to staff and library operations in the areas of (1) organization practices (2) the collection (3) meeting rooms (4) programs and (5) displays.
Staff recommendation The recommendation of staff is for the Board to approve the policies on Privacy of User Records and Social Media, and to provide direction to staff on which of the four options concerning Public Statements staff should pursue.
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Privacy of User Records Policy Library borrowers are entitled to privacy in their use of the library and the collection. Library staff are responsible to ensure that information about library users, their library activities and use of the collection remains confidential.
Colorado Privacy of User Records Statute The District is governed in this policy by Colorado Revised Statute 24-90-119, Library Law – Privacy of User Records:
(1) Except as set forth in subsection (2) of this section, a publicly supported library shall not disclose any record or other information that identifies a person as having requested or obtained specific materials or service or as otherwise having used the library. (2) Records may be disclosed in the following instances: (a) When necessary for the reasonable operation of the library; (b) Upon written consent of the user; (c) Pursuant to subpoena, upon court order, or where otherwise required by law; (d) To a custodial parent or legal guardian who has access to a minor's library card or its authorization number for the purpose of accessing by electronic means library records of the minor. (3) Any library official, employee, or volunteer who discloses information in violation of this section commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars. History: Source: L. 83: Entire section added, p. 1023, § 1, effective March 22. L. 2003: (1) and (3) amended and (2)(d) added, p. 2463, § § 17, 18, effective August 15.
Scope of the statute District interpretation of the statute is: • the scope of privacy extends not only to user records, but also to (1) use of the collection (2) library activity and (3) information about the borrower. • the use of the word shall in paragraph 1 is an indication that this privacy is mandatory, with the exceptions in paragraph 2. • the word records in paragraph 2 applies only to user records, defined as information that is on a borrower’s library account. • the word may in paragraph 2 is an indication that the District has some latitude in what is disclosed, dependent on reasonable operation of the library, consent of user, legal requirements, or access to the borrower’s library card. • the word minor, for the purposes of this policy, is defined by the District as anyone under the age of 16. • the statute extends to anyone using the library who is not a registered borrower.
Assignment of permission District interpretation of the statute is that a patron may grant permission to others to access the user’s account. This permission (1) may be written by the patron at the time of registration for a library card, or (2) verbal consent given by the patron to staff at the time of registration or subsequently.
Parental presence The parent or legal guardian of a minor must be physically present except when working with an institution, such as a school (1) at the time of registration or (2) when a minor wishes to obtain a 4 replacement library card. For purposes of the library, the District defines a minor as anyone who is under the age of 16.
Access According to the statute, a parent or legal guardian of a minor has access if they have the barcode number (or the library card). District interpretation is that this access is equal to that of the minor. When the patron has granted access permission to others in the manner described above, District interpretation is that (1) it is not a requirement to have the library card or barcode number and that (2) granting of access extends only to information in the user record, and not to use of the collection, library activity, or information about the borrower. That information remains private, even to the parent or legal guardian of a minor, with exceptions noted below. District interpretation is that the amount of access to the user record can vary according to whether one is (1) a parent or legal guardian, or (2) a peer, such as a spouse, sibling, or friend.
Parent or Legal Guardian access Access granted to the user record for a designated parent or legal guardian of a minor includes the following: • checking out new items on the patron’s account • renewing items on the account • picking up a hold • cancelling a hold • adding a hold • finding out what the patron currently has on hold • finding out the patron’s place in a holds queue • getting a list of items checked out and due dates • paying fines, including titles • obtaining the minor cardholder’s barcode number • obtaining a replacement card • changing information on the patron account • resetting the PIN number • deleting the patron record • claiming an item has been returned • claiming an item has been lost
Peer access (Spouse, sibling, friend) Access granted to the user record for a peer includes the following: • checking out new items on the patron’s account • renewing items on the account • picking up a hold • cancelling a hold • adding a hold • finding out what the patron currently has on hold • finding out the patron’s place in a holds queue • getting a list of items checked out and due dates • paying fines, including titles 5
Access to the user record for a peer does not include the following. These must be done by the cardholder: • obtaining the patron’s barcode number • obtaining a replacement card • changing information on the patron account • resetting the PIN number • deleting the patron record • claiming an item has been returned • claiming an item has been lost Minimum age There is no minimum age required to receive a library card.
Exceptions The District policy on privacy does not apply in the following instances: • In the instances noted above, specifically (1) when a parent or legal guardian has access to a minor’s library card or barcode number or (2) when the patron has granted permission to others to access their account within the limits described above. • The statute permits disclosure when necessary for the reasonable operation of the library. District interpretation is that this is a case-by-case judgment of the Person in Charge. • The library is not a place of refuge from law enforcement after being accused of committing an illegal act. See Patron Rights and Responsibilities Statement. • When the library is presented with a subpoena or court order. • When the policy is in conflict with other laws, such as the first amendment right to photograph or videotape in a public space. • Extreme instances where public safety or life and death issues are at stake.
District Public Information During library promotional activities, efforts will be made to warn patrons of the activities and to gain permission of patrons before publishing names or pictures.
Related Documents Websites: Colorado State Library Quick Guide for C.R.S. 24-90-119 Colorado Department of Education C.R.S. 24-90-602 (Filtering Law) USA PATRIOT Act Other policies: Patron rights and responsibilities statement Photography and Video Recording policy Security Camera policy Public Information policy Procedures: Privacy of User Records procedure Photography and Video Recording procedure Photo/Video Release procedure and Publicity Release form Public Information procedure Security Camera procedure 6
Document Review Dates: Privacy of User Records Policy Effective date: February 2007 Revision date: August 2020 Reviewed by: Executive Director
Confidentiality policy The High Plains Library District Board of Trustees recognizes that all members of the public are entitled to unrestricted private use of the library and its informational resources in order to make full and effective use of library resources. Patron privacy is protected to the full extent allowed under law.
Related documents Websites: Colorado State Library Quick Guide for C.R.S. 24-90-119 USA PATRIOT Act Other policies: Confidentiality guideline Public Information policy Procedures: Confidentiality procedure Photo/Video Release procedure and Publicity Release form Publicity procedure
Document review dates: Confidentiality policy Effective date: February 2007 Revision date: Reviewed by: Executive Director
Confidentiality guideline It is the responsibility of the library, its staff and the volunteers working on its behalf to make every reasonable effort to see that information about the patrons and their library activities and choices remain confidential while accomplishing the work of the library. During library promotional activities, efforts will be made to warn patrons of the activities and to gain permission of patrons before publishing names or pictures. Confidentiality of library usage is not protected if there is misuse of the library or its resources; if the library is presented with a court-ordered subpoena; or if information is requested under section 215 of the United States PATRIOT Act.
Related documents Websites: Colorado State Library Quick Guide for C.R.S. 24-90-119 USA PATRIOT Act Other policies: Confidentiality policy Public Information policy 7
Procedures: Confidentiality procedure Photo/Video Release procedure and Publicity Release form Publicity procedure
Document review dates: Confidentiality guideline Effective date: February 2007 Revision date: Reviewed by: Executive Director ______
Social Media Policy The High Plains Library District uses and encourages the use of multiple social media platforms.
Social media and public information Social media is a subset of public information function and policy. Social media presents three challenges to public information: (1) Public information distribution is typically in the hands of a few individuals. Social media involves a great number of employees with different styles and perspectives. The challenge is maintaining a style and perspective that is consistent with the brand, views and objectives of the organization. (2) Comments a District employee makes on social media on personal time and on personal accounts have legal protection in Colorado law under certain circumstances. (3) Comments by the public have some level of First Amendment protection. This policy outlines the ways and means whereby the District uses social media while dealing with these challenges.
Purpose of social media Social media serves several important purposes. Social media: • Is used to promote library initiatives, programs, and services and to communicate and engage with individuals and businesses online. • Is increasingly preferred over traditional public information sources to communicate immediately and directly with a target audience. • Extends the mission and vision of the District • Is an extension of the District brand • Can create a sense of community among library users • Provides a forum for conversation about the District and its services
Responsibility for social media The District’s Community Relations and Marketing (CRM) Department has responsibility for information posted on social media accounts.
The District’s CRM Department grants access and authority to employees to post, comment, and share under the profile of the District. Under the guidance of CRM, employees can also start up new social media platforms that meet the organization’s purposes. Employees who have been granted access to social media accounts have the following responsibilities: • Following standards and best practices as determined by the CRM Department • Accuracy in information content • Representing the District positively and in a professional manner • Maintaining a constant and steady presence on social media
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Means of regulation The District’s CRM Department has several means to ensure that use of social media by employees represents the District appropriately, including: • Social media platforms provide regulation of all comments, of employees and the public, through their terms of agreement. • Providing standards, education, and coaching to employees for District use of social media • Monitoring employee use of District social media accounts • Investigating claims of inappropriate postings • Working with supervisors in coaching, correcting or disciplining employees who have intentionally or unintentionally violated organizational standards • Providing correction or retraction of employee posts on District social media accounts that violate legal or organizational standards • Intervening in situations in which comments by the public require guidance.
Legal rights and responsibilities
District social media accounts. Public information concerning the District, its employees and affiliates must not violate any laws or organizational directives, especially as they relate to discrimination, unlawful harassment, and illegal activities.
Some specific examples of prohibited social media conduct include posting material that violates copyright, or posting commentary, content, or images that are defamatory, pornographic, proprietary, harassing, libelous, or can create a hostile work environment.
Employees may not disclose any sensitive, proprietary, confidential, or financial information about the District social media accounts. This would include District inventions, services strategy or products that have not been made public or without approval of CRM department. Personal social media accounts Under Colorado law (CRS Sec. 24-34-402.5) it is discriminatory to terminate an employee who is engaging in any lawful activity off the premises during nonworking hours unless the restriction relates to a bonafide occupational requirement or is reasonably and rationally related to the employment activities and responsibilities of a particular employee or group of employees. Just as with District social media accounts, employees using personal social media accounts may not disclose any sensitive, proprietary, confidential, or financial information about the District. This would include District inventions, services strategy or products that have not been made public or without approval of CRM department. They may be recognized as a District employee and the comments could reflect on the organization, particularly if they identify themselves as being with the library district.
Employee complaints regarding alleged discrimination, unlawful harassment or safety issues of the District shall be made using the complaint procedures in the Employee Handbook.
Use of the District logo, trademarks, or branding on personal social media accounts is prohibited.
Employees can be held personally liable for posts on personal social media accounts by organizations and institutions other than the District, and posts made on personal accounts are not protected by the District. For this reason, employees should use caution with regards to 9
exaggeration, obscenity, guesswork, copyrighted materials, legal conclusions, libel and derogatory remarks and characterizations.
District employees engaging in personal use of social media are expected to make clear that comments as an individual are not representative of the District.
The CRM Department does not intentionally monitor employee personal social media accounts. The CRM Department also takes no action regarding employee comments on personal accounts that come to their attention unless there has been a violation in the areas described above.
Related Documents Websites: C.R.S. 24-34-402.5 Discriminatory or Employment Practices Other policies: Employee Handbook Public Information policy Privacy of User Records policy Patron Rights and Responsibilities Statement Copyright policy Procedures: Privacy of User Records procedure Public Information procedure Copyright Procedure
Document Review Dates: Social Media Policy Effective date: August 2020 Revision date: Reviewed by: Executive Director, Community Relations and Marketing Manager
OPTION 2: ETHICS POLICY EXPLICIT
Public statement policy The Board of Trustees of the High Plains Library District sign, are guided by, and adhere to an Ethics Policy. This policy addresses non-discrimination, prohibition from using their office to obtain privileges or advantages for themselves, not being swayed by partisan interests, or by public pressure or fear of criticism and must distinguish clearly in their actions and statements between personal philosophy and those of the District. The Board of Trustees may choose to comment on any matters of public concern that are within these parameters.
OPTION 3: BOARD – AREAS OF PUBLIC CONCERN
Public statement policy Freedom of expression is the cornerstone of American society. Individuals, organizations, and corporations are free to publicly state their thoughts or positions. 10
Public libraries are different. Protecting freedom of expression is the cornerstone of public libraries. Stated another way, the stand of libraries is for freedom of expression; this limits them from expressing a stand for one point of view. The implication is that the Board of Trustees and District staff must consider carefully whether and when to make a statement on matters of public concern.
The Board of Trustees of the High Plains Library District sign, are guided by, and adhere to an Ethics Policy. This policy addresses non-discrimination, prohibition from using their office to obtain privileges or advantages for themselves, not being swayed by partisan interests, or by public pressure or fear of criticism and must distinguish clearly in their actions and statements between personal philosophy and those of the District. Within the parameters of the Ethics Policy, the Board considers the following areas of public concern:
Policy decisions
The Board of Trustees sets the policies of the District. Every policy is a statement of the organization’s position and direction concerning a matter of public concern. What sets these apart from other issues is that they address how the organization will conduct business, and the welfare of District patrons and staff, or the District itself.
Elections and ballot issues
The Board will not make a statement for or against the election of any candidate, as being a partisan interest. The Board will make a statement only on those ballot issues that have an impact on the welfare of the District, positively or negatively, and with particular regard to financial impacts. The Board will not make a statement on bond issues of other organizations.
Health and safety issues
The Board may make statements on matters that affect public health or safety, and in particular the health and safety of library patrons and staff.
Social issues
This area presents the greatest challenge to a Board because libraries are an integral part of the life of the community and society. Social issues are those most apt to have the strongest opposing viewpoints, and as noted earlier, the role of the library is to protect freedom of expression by all parties without itself expressing a stand for one point of view. Second, these issues are those most apt to place the Board at risk in violating its Ethics Policy, such as being swayed by partisan interests, public pressure, fear of criticism, and personal philosophy. In general, the Board will make statements on social issues only when they address the organization itself.
OPTION 4 – BOARD AND STAFF
Public statement policy Freedom of expression is the cornerstone of American society. Individuals, organizations, and corporations are free to publicly state their thoughts or positions. 11
Public libraries are different. Protecting freedom of expression is the cornerstone of public libraries. Stated another way, the stand of libraries is for freedom of expression; this limits them from expressing a stand for one point of view. The implication is that the Board of Trustees and District staff must consider carefully whether and when to make a statement on matters of public concern. Board statements
The Board of Trustees of the High Plains Library District sign, are guided by, and adhere to an Ethics Policy. This policy addresses non-discrimination, prohibition from using their office to obtain privileges or advantages for themselves, not being swayed by partisan interests, or by public pressure or fear of criticism and must distinguish clearly in their actions and statements between personal philosophy and those of the District. Within the parameters of the Ethics Policy, the Board considers the following areas of public concern:
Policy decisions
The Board of Trustees sets the policies of the District. Every policy is a statement of the organization’s position and direction concerning a matter of public concern. What sets these apart from other issues is that they address how the organization will conduct business, and the welfare of District patrons and staff, or the District itself.
Elections and ballot issues
The Board will not make a statement for or against the election of any candidate, as being a partisan interest. The Board will make a statement only on those ballot issues that have an impact on the welfare of the District, positively or negatively, and with particular regard to financial impacts. The Board will not make a statement on bond issues of other organizations.
Health and safety issues
The Board may make statements on matters that affect public health or safety, and in particular the health and safety of library patrons and staff.
Social issues
This area presents the greatest challenge to a Board because libraries are an integral part of the life of the community and society. Social issues are those most apt to have the strongest opposing viewpoints, and as noted earlier, the role of the library is to protect freedom of expression by all parties without itself expressing a stand for one point of view. Second, these issues are those most apt to place the Board at risk in violating its Ethics Policy, such as being swayed by partisan interests, public pressure, fear of criticism, and personal philosophy. In general, the Board will make statements on social issues only when they address the organization itself. Library services practices Library services may be divided into these five areas: (1) organization practices (2) the collection (3) meeting rooms (4) programs and (5) displays. Though practices in each of these areas may vary slightly, what they all have in common are the principles of freedom of expression and how to best serve the community. 12
Organization practices The District may make decisions that are not accepted by some in the community, but are actions taken to best serve the community. The most common example would be in the area of human resource management, such as hiring decisions. The Collection These principles are identified in the District’s Collection Development policy: • The District strives to provide a collection that balances viewpoints across a broad spectrum of opinion and subject matter • The District uses selection practices that are flexible and responsive to the changing needs of the community • The District builds and maintains collections for the general public while recognizing the needs of special population groups in the community • The three basic supporting documents used to achieve these principles are the American Library Association’s Freedom to Read Statement, the Freedom to View Statement, and the Library Bill of Rights The significance of these principles is that (1) the collection will have a variety of perspectives represented, (2) some in the community may take offense at the point of view expressed in particular items, (3) the District staff does not express a stand for or against any one point of view, (4) the collection is intended to meet needs of special populations in addition to the general public. These principles are intended to protect freedom of expression while trying to best serve the whole community. Meeting rooms As stated in the District’s Meeting Room policy, one primary purpose of the meeting rooms is a support to the First Amendment “right of the people to peaceably assemble” – to allow a place for the presentation, discussion, and exchange of information on a wide variety of ideas. As a limited public forum, the District may limit public meetings based on time, manner, or location.. The District will deny use to groups that advance any doctrine or theory subversive to the Constitution; laws of the United States, or State of Colorado; or that advocate social or political change by force or violence. Other than this, the District does not limit the content or subject matter of meetings held by the public. The District does not express a stand for or against any one point of view represented in meetings These practices are intended to protect freedom of expression while trying to best serve the whole community. Programs In recent years, providing programs to the public has become a library service on the same level as the collection. Library programs follow principles similar to those of the collection. In particular, programs and staff do not express a stand for or against any one point of view. This does not mean that library programs avoid controversial topics, in the same way that the collection may contain controversial content. The method utilized is to encourage and broker conversations in the community on controversial topics. Library programs are intended to unite and bring together opposing viewpoints, not to contribute to polarization within a community. 13
This principle is intended to protect freedom of expression while trying to best serve the whole community. Displays Displays in this context refers to special displays of library materials. The purpose of displays is to add to the appeal of the library environment, to encourage use of the collection and arouse curiosity about a topic. Displays are often interpreted by the public as the library’s endorsement of the content of the materials on display. For this reason, staff needs to use care in selection. Similar to the collection, displays should express a variety of viewpoints. Displays should not express a stand for or against one point of view. Similar to programs, displays may be controversial, but should bring together opposing viewpoints, not contribute to polarization within the community. These principles are intended to protect freedom of expression while trying to best serve the whole community. HIGH PLAINS LIBRARY DISTRICT BOARD OF TRUSTEES COMMUNICATION
Meeting date: August 17, 2020 Type of item: Action Subject: City of Greeley/Centennial Park Lease Presented by: Dr. Matthew Hortt, Executive Director Recommendation: Staff is recommending the Board approve and sign the lease
Background In 2019, the Board approved a joint project with the City of Greeley to expand the parking lot to at Centennial Park Library. The additional parking was created due to the construction of a new fire station next to the library. The land the Centennial Park Library sits on is owned by the City of Greeley and the District leases the property from the City. The additional parking requires an additional land lease.
Considerations • The lease terms are the same as the current ground lease for the library. • Expires on February 1, 2040 • Lease rate is $1 annually
Recommendation Staff is recommending the Board approve and sign the lease AGREEMENT AND GROUND LEASE
This Agreement and Ground Lease is made as of ______, 2020 (this “Lease”), between the CITY OF GREELEY, Colorado, a municipal corporation (“Lessor”) and HIGH PLAINS LIBRARY DISTRICT, a political subdivision of the State of Colorado (“Lessee”).
RECITALS
WHEREAS, Lessor owns property in the City of Greeley, Colorado which is used by Lessor for public purposes, which include but are not limited to a fire station, public swimming pool, a public park, and a public baseball field;
WHEREAS, a public library was constructed on the Lessor’s property in 1960 and was known as the Weld County Library;
WHEREAS, in 1985 a library district was created and operation of the Weld County Library (now known as the Centennial Park Branch Library) was transferred to the Weld Library District, Lessee’s predecessor; and
WHEREAS, the parties entered into a lease agreement on February 1, 2001 to memorialize their agreement; and
WHEREAS, the Lessor is performing construction on the Lessor’s property related to the demolition of a fire station and construction of a new fire station; and
WHEREAS, this construction has created the opportunity to expand the parking facilities associated with the Lessee’s library; and
WHEREAS, the parties desire to enter into a new lease which shall govern the obligations and agreements between them, and which shall memorialize the Lessor’s lease of a portion of the Lessor’s property to the Lessee.
NOW THEREFORE, in consideration of the terms, conditions, covenants and agreements contained herein, the adequacy of which is acknowledged by and between the parties, the parties hereto bargain and agree as follows:
DEFINITIONS
For the purposes of this Lease, the following terms shall have the following definitions:
“Curable Default" means any default under this Lease which can be cured by a leasehold mortgagee.
“Improvements” means all buildings, structures and improvements now existing or hereafter constructed upon the Land during the term of the Lease, and any restoration,
1 addition to or replacement thereof, but excluding therefrom the Land and Lessee's Library Fixtures.
“Incurable default" as used herein means any default which cannot be reasonably cured by a leasehold mortgagee.
“Land” means that certain parcel of real property described in Exhibits A and Exhibits B but does not mean the Improvements thereon or Lessee's Library Fixtures therein.
“Premises” means the Land and the Easement Area and any other easements, rights, rights-of-way and licenses thereto, but shall not include the Improvements or Lessee's Library Fixtures.
“Lessee’s Library Fixtures” means all of the items listed in Exhibit C hereto, which are located in, attached or affixed to, or used in connection with the Improvements or the operation thereof and located on the Land.
AGREEMENT AND GROUND LEASE
1. Parties. Lessor is a political subdivision of the State of Colorado and is the owner of property located in Greeley, Colorado. Lessee is a political subdivision of the State of Colorado.
2. Description of Property.
a. Lessor hereby leases to Lessee the right to use the property referred to herein as the “Land” and specifically described below:
Shown on Exhibit “A” attached hereto and incorporated herein by this reference:
Beginning at a point West of the East line of Section Thirteen (13), Township Five (5) North, Range Sixty-six (66) West of the Sixth (6th ) Principal Meridian, said point being 2004 feet south and 50 feet west of the Northeast comer of said section thirteen (13); thence West 300 feet, thence North parallel to the East line of said Section 13, a distance of 340 feet, thence East 300 feet, thence South parallel to the East line of said Section 13, a distance of 340 feet to the point of beginning.
And
Shown on Exhibit “B” attached hereto and incorporated herein by this reference:
A Parcel of Land Located in the Northeast Quarter of Section 13, Township 5 North, Range 66 West of the 6th Principal Meridian, County Of Weld, State of Colorado, being more particularly described as follows:
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Commencing at the East Quarter Corner of Said Section 13; Thence N00°39’36”W along the East Line of Said Northeast Quarter of Section 13 a Distance of 598.40 Feet; Thence N89°20’24”W a Distance of 70.52 Feet to the True Point of Beginning; Thence N90°00’00”W a Distance of 164.15 Feet; Thence N00°00’15”W a Distance of 66.11 Feet; Thence N89°50’40”E a Distance of 20.50 Feet; Thence N00°00’00”E a Distance of 18.34 Feet; Thence N90°00’00”E a Distance of 123.15 Feet; Thence S00°00’00”E a Distance of 17.29 Feet; Thence N89°45’42”E a Distance of 20.50 Feet; Thence S00°00’00”E A Distance of 67.30 Feet to the True Point of Beginning.
Containing 13,141 Square Feet or 0.30 Acres, More or Less.
b. The Land shall be used by Lessee as a library and associated parking, which shall be for the benefit of Lessee and the general public.
3. Access Easement. The Lessor grants to Lessee, its employees, agents, representatives, licensees and invitees a non-exclusive easement for the term and duration of this Lease on, over, under and across (i) a 30 foot strip of land along the northern boundary of the Land running generally east to west along said northern boundary as generally depicted with cross-hatching on Exhibit A; (ii) the strip of land running between the eastern boundary line of the Land and the northern boundary of the 23rd Avenue right-of-way as generally depicted with cross-hatching on Exhibit A; and (iii) the extended parking lot area shown on Exhibit B (collectively, the "Easement Area") for use, maintenance, repair, operation of the Improvements and for vehicular and pedestrian access and ingress to and egress from the Premises to the 23rd Avenue right-of-way.
4. Term. The term of this Lease shall be or a term of years commencing on the date of this Lease and ending on February 1, 2040 unless sooner terminated by written notice in the manner set forth in this Lease Agreement.
5. Rental Payment. Lessee hereby agrees to pay and Lessor hereby agrees to accept as rent hereunder for use of the Land the payment of One Dollar ($1.00) annually, due and payable upon the execution of this Lease and on January 1st of each year thereafter.
6. Improvements to the Land.
a. Lessor agrees to undertake improvements to that portion of the Land shown on Exhibit B to allow for an expansion of the existing parking lot area (“Expanded Parking Lot Area”).
b. Lessee agrees to make a one-time payment to Lessor in the amount of ONE HUNDRED THIRTY NINE DOLLARS AND NO CENTS ($139,000.00) for design and construction of the Expanded Parking Lot Area. 3
c. If Lessor determines that an additional amount is needed in order to complete the project, Lessor shall request additional funding from Lessee. If Lessee agrees to provide additional funding, the parties shall memorialize the agreement to provide additional funding in an amendment to this Agreement.
7. Title to Improvements and Library Fixtures.
a. Lessee's Library Fixtures are listed on Exhibit C attached hereto and incorporated herein. Lessee’s Library Fixtures are and shall be the sole and exclusive property of Lessee during the term of this Lease and shall remain the sole and exclusive property of Lessee after the expiration or termination of this Lease. Lessor acknowledges and understands that it shall have no right, title or interest in or to Lessee’s Library Fixtures either during the term of this Lease, or thereafter.
b. Lessor acknowledges and agrees that Lessee shall have the right to encumber, pledge or sell Lessee’s Library Fixtures. Additionally, Lessee shall have the right to remove Lessee’s Library Fixtures from the Premises at Lessee's sole discretion. Upon request from Lessee, Lessor shall provide Lessee with a certificate in recordable form stating that Lessor has no interest or right in or to Lessee’s Library Fixtures.
c. A general description of the Lessee’s Improvements located on the Land is attached as Exhibit D and is incorporated herein by this reference. All Improvements presently located on the land and any Improvements hereafter constructed on the Land are and shall be the property of Lessee or any party taking title thereto through Lessee by means of sale, assignment, conveyance or foreclosure, during the term of this Lease and no longer.
d. The Improvements shall not be conveyed, transferred or assigned unless such conveyance, transfer or assignment is to a person, corporation or other entity to whom this Lease is being simultaneously transferred or assigned. At all times the holder of the leasehold interest under this Lease shall be the owner of the improvements.
e. Any attempted conveyance, transfer or assignment of the Improvements, whether voluntarily or by operation of law or otherwise, to any person, corporation or other entity shall be void and of no effect unless such conveyance, transfer or assignment shall be to a person, corporation or other entity to whom this Lease is being transferred or assigned simultaneously and in compliance with the terms of this Agreement.
f. Upon termination of this Lease, all of Lessee's right, title and interest to the Improvements, or that of any entity or person acquiring title thereto through Lessee, shall cease and terminate, and title to the Improvements shall vest in Lessor. The Improvements shall be surrendered by Lessee to Lessor as provided in Section 34 of this Agreement. No further deed or other instrument shall be necessary to confirm the vesting in Lessor of title to the improvements. Upon any termination of this Lease, Lessee, upon request of Lessor, shall execute, acknowledge and deliver to Lessor a deed confirming that all of Lessee's right, title and interest in or to the Improvements has expired, and that
4 title to the Improvements has vested in Lessor. Lessee shall pay the cost of recording any deed.
g. Notwithstanding anything to the contrary contained above, Lessee shall have the right, at its option, during the term of this Lease, to use the Improvements and the Land in any reasonable and lawful manner consistent with Lessee's government interests, including the right to operate and provide by itself or through third parties by means of assignment, sublease or license, any and all facilities and businesses authorized or permitted by current zoning laws.
8. Maintenance and Repairs.
a. Lessee shall be responsible for payment of all utilities associated with the Lessee’s improvements or with the Premises.
b. Lessee shall be responsible for all grounds keeping, landscape, tree care, site lighting, etc. located on the Premises.
c. Lessee shall be responsible for snow removal on the Premises as needed.
9. Encumbrances.
a. Lessee has previously mortgaged or otherwise encumbered its leasehold interest in and to the Premises; however, at the present time Lessee’s interest is not encumbered.
b. Lessee acknowledges that Lessor shall have the right to encumber all or a portion of its property without consent of Lessee. The parties acknowledge that Lessor’s interest in and to the Land is not presently encumbered. The parties further acknowledge that Lessor’s interest in and to the area known as Fire Station 2 is encumbered.
c. In the future, Lessee shall have the right to mortgage its leasehold interest hereunder; provided that Lessee shall require the holder of said mortgage (“Leasehold Mortgagee”) to provide Lessor with an executed counterpart of said mortgage, together with a written notice setting forth the name and address of the Leasehold Mortgagee. Lessee acknowledges that all mortgages or other encumbrances on the leasehold interest shall at all times be subordinate to the mortgages or other encumbrances entered into by Lessor.
d. Lessor and Lessee agree that so long as the Lessee’s mortgage, or any other encumbrance, is a lien on the Lessee's leasehold interest in the Premises, the Leasehold Mortgagee or any successor, shall have all of the rights set forth below.
i. In the event of any default by Lessee under the provisions of this Lease, a Leasehold Mortgagee will have the same concurrent grace periods as are given Lessee for remedying such default or causing it to be remedied, plus, in each case, an additional period of 30 days after the expiration thereof or after
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Lessor has served a notice or a copy of a notice of default upon the Leasehold Mortgagee, whichever is later.
ii. In the event that Lessee defaults under any of the provisions of this Lease, a Leasehold Mortgagee, without prejudice to its rights against Lessee, shall have the right to cure such default within the applicable grace periods provided for in the preceding subsection of this Section 9 whether the same consists of the failure to pay rent or the failure to perform any other term of this Lease. Lessor shall accept such performance on the part of the Leasehold Mortgagee as though the same had been done or performed by Lessee. For such purpose, Lessor and Lessee hereby authorize a Leasehold Mortgagee to enter upon the Premises and to exercise any of the Lessee's rights and powers under this Lease, and subject to the provisions of this Lease, under the Mortgage.
iii. Lessee may delegate irrevocably to a Leasehold Mortgagee the authority to exercise any or all of Lessee's rights hereunder, but no such delegation shall be binding upon Lessor unless and until either Lessee or the Leasehold Mortgagee gives Lessor a true copy of a written instrument effecting such delegation.
iv. In the event of any Curable Default under this Lease, and if prior to the expiration of the applicable grace period specified in this Section, the Leasehold Mortgagee gives Lessor written notice that it intends to undertake the curing of such default, or to cause the same to be cured, then Lessor will not terminate or take any action to effect a termination of this Lease or re-enter, take possession of, or relet the Premises or similarly enforce performance of this Lease, so long as the Leasehold Mortgagee is, with all due diligence and in good faith, engaged in the curing of such default, or effecting a foreclosure. The Leasehold Mortgagee shall not be required to continue possession or continue foreclosure proceedings if the default is cured.
v. In the event that this Lease is terminated by Lessor on account of any Incurable Default, or in the event Lessee's interest under this Lease is sold, assigned or transferred pursuant to the exercise of any remedy of a Leasehold Mortgagee, or pursuant to judicial proceedings, and if (A) no rent or other charges are past due under this Lease, or (B) the Leasehold Mortgagee has arranged with Lessor to cure any Curable Default under this Lease, then Lessor, within 30 days after receiving a written request, which shall be given within 60 days after such termination or transfer and upon payment to it of all expenses, including attorney's fees, incident thereto, will execute and deliver a new lease of the Premises to the Leasehold Mortgagee or its nominee or to the purchaser, assignee or transferee, as the case may be, for the remainder of the term of this Lease, containing the same covenants, agreements, terms, provisions and limitations as are contained herein. Upon the execution and delivery of such new lease, the new lessee, in its own name or in the name of Lessor, may take all appropriate steps as shall be necessary to remove Lessee from the Premises. The provisions of this subparagraph (v) shall survive the termination of this Lease.
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vi. In the event a default under a mortgage occurs, the Leasehold Mortgagee may exercise, with respect to the Premises, any right, power or remedy under the Mortgage.
vii. This Lease may be assigned, without the consent of Lessor, to or by the Leasehold Mortgagee or its nominee, pursuant to foreclosure or similar proceedings or the sale, assignment or other transfer of this Lease in lieu thereof, or the exercise of any other right, power or remedy of the Leasehold Mortgagee, and the Leasehold Mortgagee shall be liable to perform the obligations herein imposed on Lessee only during the period it is in possession or ownership of the leasehold estate.
viii. No surrender (except a surrender upon the expiration of the term of this Lease or upon termination by Lessor pursuant and subject to the provisions of this Lease) by Lessee to Lessor of this Lease, or of the Premises, or any part thereof, or of any interest therein, and no termination of this Lease by Lessee, shall be valid or effective, and neither this Lease nor any or the terms hereof may be amended, modified, changed or canceled, without the prior written consent of a Leasehold Mortgagee.
ix. The provisions of this Section 9 are for the benefit of any future Leasehold Mortgagees.
x. No mortgage now or hereafter a lien upon this Lease shall extend to or affect the reversionary interest and estate of Lessor in and to the Premises or in any manner attach to or affect the Demised Premises from and after any expiration or termination of this Lease.
10. Taxes and Assessment.
a. Lessee shall be responsible for payment of all taxes, assessments, fees, and charges imposed on or because of Lessee's leasehold interest in the Premises or its interest in the Improvements, if any (the “Impositions”).
b. The parties intend that the rents reserved herein shall be received and enjoyed by Lessor as a net sum free from all of such Impositions.
c. If at any time during the term of this Lease the prevailing method of taxation or assessment is changed so that the whole or any part of the Impositions are required to be imposed on the rents received by the Lessor from the Premises, or shall otherwise be imposed against Lessor, then Lessee shall pay the Impositions to the extent that the same shall be directly related to and assessed against the Premises or the rent thereon.
d. The Impositions shall be apportioned between Lessee and Lessor as of the date of termination of the term of this Lease and shall be paid within 30 days after
7
such termination, but shall not be apportioned at the commencement of the term of this Lease.
e. If Lessee fails to pay any Imposition on or before the date due, then Lessor may pay the same with all interest and penalties lawfully imposed upon the late payment thereof. Any amount so paid by Lessor shall be immediately due and payable by Lessee to Lessor.
f. At its cost, Lessee may contest the validity or amount of any Imposition, in which event Lessee may defer payment thereof, so long as such proceedings and any appeals shall operate to legally prevent the collection of such payments and the sale of the Premises to satisfy any lien arising out of the nonpayment of the same.
g. Lessor shall execute and deliver to Lessee any documents that may be necessary or proper to permit Lessee to contest any such Imposition or which may be necessary to secure payment of any refund which may result from any such proceedings.
11. Repairs. Lessee shall at all times during the term of this Lease, at Lessee's own costs and expense, keep the Premises and the Improvements, and all sidewalks, curbs, vaults and spaces adjoining the Premises, and all appurtenances to the Premises, in good order, condition and repair, ordinary wear and tear excepted, and in such condition as may be required by law and by the terms of the insurance policies furnished pursuant to this Lease, whether or not such repair shall be interior or exterior, and whether or not such repair shall be of a structural nature, and whether or not the same can be said to be within the present contemplation of the parties hereto.
12. Compliance with Law. Lessee shall at all times during the term of the Lease, at Lessee's own cost and expense, perform and comply with all laws, rules, orders, ordinances, regulations and requirements now or hereafter enacted, of every governmental authority and municipality having jurisdiction over the Premises.
13. Alterations. Lessee shall have the right, at Lessee's expense, from time to time during the term of this Lease to make any alteration, addition or modification to the Premises or the Improvements thereon; provided that, said alterations, additions or modifications shall not lessen the market value of the Land or the Premises.
14. Use of Premises. Lessee may use and occupy the Premises and the Improvements thereon for any lawful purpose. Lessee will not use or keep or allow the Premises or the Improvements to be used or occupied for any unlawful purpose or in violation of any certificate of occupancy. Lessee and will not allow any act to be done or any condition to exist on the Premises or the Improvements, or permit any article to be brought therein, which may be dangerous, or which constitutes a nuisance, or which may make void or voidable any insurance in force with respect thereto.
15. Mechanic’s Liens. Lessee shall not be required or obligated to file or post a bond in favor of Lessor to protect Lessor against any mechanics', materialman's or other such lien placed against the Premises by reason of any work, labor, service or material performed or
8
furnished for or to Lessee or anyone occupying the Premises through or under Lessee; provided, however, that Lessee shall at all times indemnify Lessor and hold it harmless with respect to any loss, cost, fee, charge, expense, lien or liability of any nature occurring or accruing by virtue of any such work, labor, service or material performed or furnished for or to Lessee.
16. Net Lease. This is an absolute net lease and Lessor shall not be required to provide any services or do any act or thing with respect to the Premises or the appurtenances thereto, except as may be specifically provided herein, and the rent reserved herein shall be paid to Lessor without any claim on the part of Lessee for diminution, setoff or abatement, and nothing shall suspend, abate or reduce any rent to be paid hereunder, except as otherwise specifically provided in this Lease.
17. Insurance. Lessee will at all times during the term of this Lease maintain insurance on the Premises in an amount sufficient to protect Lessor and Lessee’s interests in and to the Land, Premises, Improvements and Lessee’s Fixtures.
18. Casualty. If the Improvements are damaged or destroyed by fire or other casualty, Lessee will promptly notify Lessor of such destruction or damage. Lessee expressly waives the provisions of any present or future law relating to such damage or destruction and agrees that the provisions of this Lease shall control the rights of Lessor and Lessee.
19. Indemnity. Lessee will indemnify and save harmless Lessor from and against any and all liability, loss, damages, expenses, costs of action, suits, interest, fines, penalties, claims and judgments arising from injury or claim of injury, during the term of this Lease, to person or property of any and every nature, and from any matter or thing, growing out of the occupation, possession, use, management, improvement, construction, alteration, repair, maintenance or control of the Premises, the Improvements now or hereafter located thereon, the facilities and equipment therein, the streets, sidewalks, vaults, vault spaces, curbs and gutters directly adjoining the Premises, and under the control of Lessee, the appurtenances to the Premises, or the franchises and privileges connected therewith, or arising out of Lessee's failure to perform, fully and promptly, or Lessee's postponement of compliance with, each and every term, covenant, condition and agreement herein provided to be performed by Lessee. Lessee, at Lessee's own cost and expense, will defend by counsel of Lessee's choosing any and all suits that may be brought and claims which may be made against Lessor, or in which Lessor may be impleaded with others, whether Lessor shall be liable or not, upon any such above-mentioned liability, loss, damages, expenses, costs of action, suits, interest, fines, penalties, claims and judgments and shall satisfy, pay and discharge any and all judgments that may be recovered against Lessor in any such action or actions in which Lessor may be a party defendant, or that may be filed against the Premises, or the Improvements thereon, or the appurtenances, or any interest therein, and in the event of the failure of Lessee to pay the sum or sums for which Lessee shall become liable as aforesaid, then Lessor may pay such sum or sums, with all interest and charges which may have accrued thereon, and the amount so paid by Lessor shall be payable by Lessee to Lessor upon demand.
20. Assignment; Subletting. Lessee may not assign or sublet the Land or the Premises without the written approval of Lessor.
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21. Injunction. Lessor, at Lessor's option, and in addition to any other rights reserved to Lessor, and notwithstanding the concurrent pendency of summary or other dispossession proceedings between Lessor and Lessee, shall have the right at all times during the term of this Lease to restrain by injunction any violation or attempted violation by Lessee of any of the terms, covenants, conditions or agreements of this Lease, and to enforce by injunction any of the terms, covenants, conditions and agreements hereof.
22. Default; Termination.
a. The occurrence of any of the following shall constitute a material default and breach of this Lease by Lessee: i. any failure by Lessee to pay the rent required to be paid by Lessee hereunder where such failure continues for 30 days after written notice thereof by Lessor to Lessee; or
ii. any failure by Lessee to pay the Impositions required to be paid hereunder by Lessee where such failure continues for 30 days after written notice thereof by Lessor to Lessee; or
iii. the filing of a petition in bankruptcy, the initiation of insolvency proceedings, or a filing requesting reorganization or for the appointment of a receiver or trustee of all or substantially all of Lessee's property by or against Lessee in any court or other tribunal pursuant to any statute or other rule of law, either of the United States or of any State or of any other authority now or hereafter exercising jurisdiction; or
iv. pursuant to any other default or breach of this Lease by Lessee, Lessor obtains a money judgment against Lessee in a court of competent jurisdiction, and such judgment is not paid to Lessor within 60 days after such judgment becomes final.
b. In the event of any such default by Lessee, then in addition to any other remedies available to Lessor at law or in equity, Lessor, subject to the rights of a Leasehold Mortgagee under Section 9, shall have the immediate option to terminate this Lease and all rights of Lessee hereunder by giving written notice of such intention to terminate in the manner specified in this Section. In the event that Lessor elects to terminate this Lease, then Lessor may recover from Lessee:
i. the amount at the time of award of any unpaid rent which had been earned at the time of such termination; plus
ii. any other amount necessary to compensate Lessor for its out-of- pocket expenses proximately caused by Lessee's failure to perform its obligations under this Lease.
c. The occurrence of any default or breach of this Lease by Lessee, other than those set forth in subparagraph (a) above, shall not be material hereunder, and Lessor shall not have the right to terminate this Lease for any such default.
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d. In the event of a non-material default, which default continues for 30 days after written notice thereof by Lessor to Lessee Lessor's sole remedy shall be damages, as determined by a court of competent jurisdiction. However, if the nature of such default is such that it cannot be cured within such 30-day period, Lessee shall not be deemed to be in default if Lessee commences to cure the default within 30 days after notification and thereafter diligently pursues the same to completion.
e. Upon a default or breach of any term of this Lease by Lessor hereunder, Lessee shall have all of the rights and remedies provided by law or in equity.
f. Except as otherwise expressly provided herein, the rights and remedies given herein to Lessor and Lessee shall be deemed cumulative, and the exercise of one of such remedies shall not operate to bar the exercise of any other rights reserved to Lessor or to Lessee under the provisions of this Lease or given to Lessor or to Lessee by law, subject always to the rights of the Leasehold Mortgagee as set forth in Section9 above.
g. Lessor hereby agrees that upon a default by Lessee hereunder, Lessor shall, concurrently with the delivery of written notice of such default to Lessee, deliver a copy of such notice to any Leasehold Mortgagee at their respective addresses, as set forth below, and that, in addition to the Leasehold Mortgagee's rights, as set forth in Section 9 above, Lessor hereby agrees that Corporation shall have the right to cure any such default by Lessee hereunder within the time provided Lessee to cure the same.
23. Lessor’s Right to Cure Lessee’s Defaults. In addition to all other remedies available, Lessor may perform or cause to be performed, such work, labor, services, acts or things, and take such other steps, including entry onto the Premises and the Improvements thereon, as Lessor may deem advisable, to comply with and perform any term, covenant, condition or agreement which is in default, in which event Lessee shall reimburse Lessor upon demand, and from time to time, for all costs and expenses suffered or incurred by Lessor in so complying with or performing such term, covenant, condition or agreement.
24. Lessee’s Expenses. Lessor shall reimburse Lessee upon demand for all reasonable expenses, including attorneys' fees, incurred by Lessee in connection with any litigation to enforce any obligation of Lessor that is in default hereunder.
25. Lessor’s Expenses. Lessee shall reimburse Lessor upon demand for all reasonable expenses, including attorneys' fees, incurred by Lessor in connection with the collection of any rent in default hereunder or the termination of this Lease by reason of a material default of Lessee, as such term is described above, or the enforcement of any other obligation of Lessee which is in default hereunder, or the protection of Lessor's rights hereunder, or any litigation or dispute in which Lessor becomes a party or otherwise becomes involved, without fault on its part, relating to the Premises or Lessor's rights or obligations hereunder. If the leasehold interest of Lessee is held by more than one person, corporation or other entity, and if litigation shall arise by reason of a dispute among such persons, corporation or other entities, and if Lessor is made a party to such litigation without Lessor's consent, then Lessee shall reimburse Lessor upon demand for all reasonable expenses, including attorneys' fees, incurred by Lessor in connection with any such litigation. 11
26. Waiver of Trial by Jury. To the extent permitted by law, Lessor and Lessee hereby waive trial by jury in any litigation brought by either of them against the other on any matter arising out of or in any way connected with this Lease, the Premises, or the Improvements.
27. Merger. In no event shall the leasehold interest, estate or rights of Lessee, or of a Leasehold Mortgagee, merge with any interest, estate or rights of Lessor in or to the Premises. The parties understand and agree that the leasehold interest, estate and rights of Lessee, and of any Leasehold Mortgagee, shall be deemed to be separate and distinct from Lessor's interest, estate and rights in or to the Premises, notwithstanding that any such interests, estates .or rights shall at any time or times be held by or vested in the same person, corporation or other entity.
28. Quiet Enjoyment. Lessor covenants that at all times during the term of this Lease, so long as Lessee is not in default hereunder, Lessee's quiet enjoyment of the Premises or any part thereof shall not be disturbed by any act of Lessor, or of anyone acting by, through, or under Lessor.
29. Present Condition of Premises. Lessee represents that the Premises, the improvements thereon, the sidewalks and structures adjoining the same, subsurface conditions, and the present tenancies, uses, and non-uses thereof, have been examined by Lessee and Lessee's agents and that Lessee accepts the same, without recourse to Lessor, in the condition or state in which they or any of them now are, without representation or warranty, expressed or implied in fact or by law, as to the nature, condition or usability thereof, or as to the use or uses to which the Premises or any part thereof may be put, or as to the prospective income from, and expense of operation of, the Premises.
30. Lessor’s Right of Entry. Upon three days' prior written notice to Lessee, Lessor and Lessor's authorized agents and employees shall have the right from time to time, at Lessor's option, to enter and pass through the Premises and the improvements thereon during business hours to examine the same.
31. Notice. All acceptances, approvals, consents, notices, demands, or other communications required or permitted to be given or sent by either party to the other, unless otherwise provided, shall be deemed to have been fully given when made in writing and delivered in person or deposited in the United states mail, certified and postage prepaid, addressed to:
Lessor: The City of Greeley, Colorado ATTN: City Manager 1000 Tenth Street Greeley, CO 80631
Lessee: High Plains Library District Attn: Director 2650 W. 29th Street Greeley, Colorado 80631
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32. Payments of Money; Interest. All amounts whatsoever which Lessee shall be obligated to pay to Lessor pursuant to this Lease shall be deemed rent, and in the event of the nonpayment by Lessee of any sum of money which Lessee from time to time shall be obligated to pay to Lessor under any provision of this Lease, Lessor shall have the same rights and remedies by reason of such nonpayment as if Lessee had failed to pay an installment of rent under Section 2 hereof. In each instance when Lessee shall be obligated to make any payment of any sum of money to Lessor hereunder, interest shall accrue thereon and be payable hereunder at the rate of 10% per annum, or the highest rate permitted by law, whichever is lower, computed from the date such payment first became due hereunder.
33. Non-Waiver. No waiver by Lessor or Lessee of any provision hereof shall be deemed a waiver of any other provision or of any subsequent breach by Lessee or Lessor of the same or any other provision. Lessor’s consent to or approval of any act by Lessee shall not be deemed to render unnecessary the obtaining of Lessor’s consent to or approval of any subsequent act by Lessee.
34. Surrender. Lessee shall, on the last day of the term of this Lease, or upon any other termination of this Lease, surrender the Premises, with the Improvements then located thereon into the possession and use of Lessor, without fraud or delay and in good order, condition and repair, free and clear of all lettings and occupancies, free and clear of all liens and encumbrances other than those existing on the date of this Lease and those, if any, created by Lessor, without any payment or allowance whatever by Lessor on account of or for any buildings and improvements erected or maintained on the Premises at the time of the surrender, or for the contents thereof or appurtenances thereto; provided, however, that Lessee's Library Fixtures, personal property and other belongings of Lessee or any other occupant of space in the Premises shall be and remain the property of Lessee, and Lessee shall have a reasonable time after the expiration of the term of this Lease to remove the same.
35. Memorandum of Lease. Each of the parties hereto will, promptly upon request of the other, execute a memorandum of this Lease in form suitable for recording setting forth the names of the parties hereto and the term of this Lease, identifying the Premises, and also including such other clauses therein as either party may desire, except the amounts of rent payable hereunder.
36. No Partnership. Lessor shall not be deemed, in any way or for any purpose, to have become, by the execution of this Lease or any action taken under this Lease, a partner of Lessee, in Lessee's business or otherwise, or a member of any joint enterprise with Lessee.
37. Modification. This Lease may be changed or modified only by an agreement in writing signed by both parties.
38. Bind and Inure. The terms, covenants, conditions and agreements of this Lease shall bind and inure to the benefit of the parties and their respective successors and assigns. Any waiver of rights by either party hereto shall be deemed to be a waiver of such rights not only by such party but shall be deemed to be a waiver of such rights for and on behalf of each and every successor and assignee of such party.
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39. Obligation to Refrain from Discrimination. The parties covenant by and for themselves, their heirs, executors, administrators and assigns, and all persons claiming under or through them that this Lease is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons on account of sex, race, color, creed, national origin or ancestry, in the leasing, subleasing, transferring, use or enjoyment of the land herein leased, nor shall Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, of Lessees, lessees, sublessees, subLessees or vendees in the land herein leased.
40. Force Majeure. The time within which either party shall be required to perform any act under this Lease, other than the payment of money, shall be extended by a period of time equal to the number of days during which performance of such act is delayed unavoidably by strikes, lockouts, acts of God, governmental restrictions, failure or inability to secure materials or labor by reason of priority or similar regulation or order of any governmental or regulatory body, enemy action, civil disturbance, fire, unavoidable casualties, or any other cause beyond the reasonable control of either party hereto, excluding, however, the inability or failure of either party to obtain any financing which may be necessary to carry out its obligations. Notwithstanding the foregoing, unless the party entitled to such extension shall give written notice to the other party hereto of its claim to such extension within three business days after the event giving rise to such claim shall have occurred, there shall be excluded in computing the number of days by which the time for performance of the act in question shall be extended, the number of days which shall have elapsed between the occurrence of such event and the actual giving of such notice.
41. Hazardous Material. Lessee shall keep and maintain the Premises in compliance with, and shall not cause or permit the Premises to be in violation of, any federal, state or local laws, ordinances or regulations relating to industrial hygiene or to the environmental conditions ("Hazardous Materials Laws") on, under, about, or affecting the Premises. The Lessee shall not use, generate, manufacture, store or dispose of on, under or about the Premises or transport to or from the Premises any explosives, radioactive materials, hazardous wastes, toxic substances or related materials, including without limitation any substances defined as or included in the definition of hazardous substances, hazardous wastes, hazardous materials or toxic substances under any applicable Hazardous Materials Laws (collectively referred to hereinafter as "Hazardous Materials").
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed as of the day and year first above written.
14 THE CITY OF GREELEY, COLORADO, Lessor ATTEST:
By: ______By: ______John Gates, Mayor Cheryl Aragon, Interim City Clerk
APPROVED AS TO SUBSTANCE APPROVED AS TO LEGAL FORM:
By: ______By:______City Manager City Attorney
AS TO AVAILABILITY OF FUNDS:
By: ______Director of Finance
15
HIGH PLAINS LIBRARY DISTRICT, Lessee ATTEST:
By: ______By: ______
16
%% % % %% %%$ %!" # 6 426 1&06 '/ )( $6 -# +6 .) 6 %!.6
5. %6 *, "63
Exhibit A AUGUST 3, 2020
BASIS OF BEARINGS:
THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13, BEARING N00°39'36"W (ASSUMED), A DISTANCE OF 2663.72 FEET, MONUMENTED AS SHOWN HEREON.
AGREEMENT DESCRIPTION:
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 13; THENCE N00’36”W ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 13 A DISTANCE OF 598.40 FEET; THENCE N89’24”W A DISTANCE OF 70.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE N9000’00”W A DISTANCE OF 164.15 FEET; THENCE N0000’15”W A DISTANCE OF 66.11 FEET; THENCE N8950’40”E A DISTANCE OF 20.50 FEET; THENCE N0000’00”E A DISTANCE OF 18.34 FEET; THENCE N9000’00”E A DISTANCE OF 123.15 FEET; THENCE S0000’00”E A DISTANCE OF 17.29 FEET; THENCE N8945’42”E A DISTANCE OF 20.50 FEET; THENCE S0000’00”E A DISTANCE OF 67.30 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 13,141 SQUARE FEET OR 0.30 ACRES, MORE OR LESS.
______Miles Small P.L.S. No. 38534 Exhibit B
OFFICE: 970-420-0086 • 2290 E. Prospect Road, Suite 5 • Fort Collins, Colorado 80525 www.avipc.com • [email protected] F:\0412 centennial park\Survey\Drawings\NEW EASEMENT.dwg, LEGAL EXHIBIT-PARKING AGREEMENT, 8/3/2020 4:34:55 PM EXHIBIT C GENERAL DESCRIPTION OF IMPROVEMENTS CENTENNIAL PARK BRANCH LIBRARY 2227 23rd Ave. Greeley, Colorado 80634
Originally known as the Weld County Library, the facility was built in 1960. It was enlarged in 1966 and again in 1979. The size of the building is approximately 27,800 square feet. It is one story, constructed primarily of concrete and brick. The site includes roughly 73 parking spaces, not including the Expanded Parking Lot Area. The building now serves as a neighborhood branch library.
EXHIBIT D
BOARD OF TRUSTEES Regular Session Monday September 21, 2020 5:00 p.m. Platteville Public Library, 504 Marion Avenue, Platteville, CO 80651
This is also be streamed virtually by GoToMeeting.
The meeting can be viewed from your computer, tablet or smartphone. https://www.gotostage.com/channel/hpldboardmeetings To view the Board meeting online use this link and select the date of the meeting you want to join. If you have public comments you can submit questions at the time of signing up for the meeting. All participants will be muted.
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If you wish to address the Board via Public Comment please attend the meeting in person. If you are unable to attend in person, you can submit public comments to the Board prior to the Board meeting via Formstack: https://hpld.formstack.com/forms/board_questions
The High Plains Library District Board may take action on any of the following agenda items as presented or modified prior to or during the meeting, and items necessary or convenient to effectuate the agenda items.
1.0 OPENING OF MEETING 1.1 Roll Call and Pledge of Allegiance 1.2 Approval of Agenda 1.3 Approval of Consent Agenda A. August 17, 2020 Regular Session Minutes 1.4 Public Comment
• Please note that Public Comment is to address items not currently on the Agenda. If you wish to address the Board in regard ITEMS FOR DISCUSSION/ACTION, please wait until the item is presented.
2.0 ITEMS FOR DISCUSSION/ ACTION 2.1 Introduction of New Managers (Information) - Dr. Matthew Hortt, HPLD Executive Director 2.2 Downtown Library Update (Information) - Dr. Matthew Hortt, HPLD Executive Director 2.4 Intergovernmental Agreement Approval with Member Libraries (Action) Dr. Matthew Hortt, HPLD Executive Director A. Johnstown B. Ault C. Ft. Lupton 2.6 Policy Manual Amendments (Action) -Tony Brewer, Patron Experience Specialist
3.0 DIRECTORS REPORT 3.1 Review Draft Agendas– Dr. Matthew Hortt, HPLD Executive Director A. September 21st 3.2 District Updates – Dr. Matthew Hortt, HPLD Executive Director
4.0 BOARD REPORTS/ COMMENTS A. Chairman’s Report B. Vice-Chair C. Secretary/ Treasurer D. Committees E. Other Board Members
5.0 ADJOURNMENT Upcoming meetings:
September 21st, 5:00 p.m. HPLD Board of Directors Meeting- Regular Session, Platteville Public Library, 504 Marion Avenue, Platteville, CO 80651 HPLD District Updates: August 17, 2020 Glenn A. Jones, M.D. Memorial Library; Johnstown, CO Administrative • Work on the Greeley Downtown Library – survey and discussion Office about the collection Executive Director: • Moving forward with the IGA negotiations with the Member Libraries Dr. Matthew Hortt
Associate Director Carbon Valley Public Services: Virtual content Marjorie Elwood • Job searching tips playlist on YouTube on Cypress Resume, cover (Branches) letters, interviews, and job searching web sites. • Baking Circle (Monthly Aug. 1 through Dec 5) • Developing Fall programs including Adult Make and Take, Parent/Child Trivia, Virtual Board Games, K-3 Book Club, and StoryWalk®. Community Partnerships • Partnering with Cooperative Institute for Research in Environmental Sciences (CIRES @ CU-Boulder) on Advancing Informal STEM Learning Water Project; interactive water exhibit at CVRL in Winter 2020-21. • National Network of Libraries of Medicine’s All of Us Community Engagement Network is presenting an exhibit entitled Renaissance Science, Magic, and Medicine in Harry Potter's World from August 15th-September 17th. Other • We will begin an expansion of our story time room shortly.
Centennial Park One-time Virtual Programs • Cartesian Diving Ketchup Packet experiment (July 23) • Feelings Friend activity (July 30) • Unique Unicorns SRA Program (Aug 10-16) • Online Class "Blogging and You" - Live Stream (Aug 17) Ongoing Virtual Content • “Como se dice” every day @ 2pm (July) • “Guess the Word” engagement series every weekday @ noon • “Learn to Code with SCRATCH” videos every Tuesday • “Find Pete the Cat” picture series every Wednesday • Staff favorites every Friday @ 5pm • Dungeons and Dragons every Thursdays @ 3pm • Origami videos every Monday, Wednesday, Friday • Mini Storytimes (weekly) including multi-branch “3 Little Pigs” • Get Outdoors with Family: Campfires and S’mores, Safe Hiking, I Spy on the Trail (weekly) • Backyard Pollinators (weekly) • CSU Extension Gardening presentation series:
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HPLD District Updates: August 17, 2020 Glenn A. Jones, M.D. Memorial Library; Johnstown, CO o Emerald Ash Borer: What You Need to Know and Replacement Trees (July 30) o Composting Basics (Aug 13)
Erie • Variety of online SRA and other childrens’ programs • DIY Web Development online program with East Colorado Small Business Development Center (SBDC) • Partnered with Erie Community Center to create a StoryWalk® - an innovative and fun way for families to enjoy reading and the outdoors at the same time. Laminated pages from a children's book are attached to wooden stakes, which are installed along an outdoor path. As you stroll down the trail, you're directed to the next page in the story. • Free Virtual Self-help Legal Clinic (ongoing monthly) Construction Moving along very quickly now: • Dry wall is finished in the admin, teen, and sorting areas and painting has started • Drywall and painting almost finished in children’s area • Purchasing furniture for teen and children’s areas • Purchasing makerspace “CLUB” (Create Learn Understand Build) equipment (laser cutter and 3D printer) • Event space furniture ordered and expected to arrive September 8th • Making detailed plans to move shelving to new areas, set up new sorting room/Page area, and new office furniture for staff. • Expecting to move out of makeshift temporary staff area into new sorting room/checking area the week of August 17th • Planning to move staff back into admin area early September • Last phase will be to finish children’s, teens, event space, makerspace (CLUB), new carpeting, doors on study rooms, re-open living room in September
Farr • Since reopening in July, Farr has seen a steady increase in business. In July, Farr averaged about 1400 visits per week. • Farr has over 400 participants in the District’s SRA this year • The lack of in-library programming has challenged and motivated Farr staff to increase and improve their social media posting skills. Some recent contributions to social media include: o “What to Read Wednesday” on Instagram which crested at 1000 followers! o Weekly Lego Challenges for teens o Creation of an SRA Take & Make Kit: Fairy Tales for Tots which included STEM activities based on classic fairytales
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HPLD District Updates: August 17, 2020 Glenn A. Jones, M.D. Memorial Library; Johnstown, CO • Programs have also moved online: o Non-fiction book club o Crafternoons o Brief weekly storytimes o Tech Instruction Boot Camp for HPLD staff o Kevin Cooke nature series
Lincoln Park • Manager Melissa Beavers facilitated a district-wide Virtual Programming Summit hosted by the HPLD Programming Team. More than 40 staff members of all levels and locations attended. • Little Learners To-Go Old Macdonald packets for kids in Pre-K and K- 5 debuted. • Art Bot Teen Tech To-Go Bags and an accompanying instructional video premiered.
Riverside- • Since opening in July, Riverside has seen an increase in patrons visiting the library. Most are using computers, browsing/holds, and print/copy/fax services. • Patron are enjoying our weekly Take and Make kits available at the library. • Staff are enjoying posting to social media and providing online programming for patrons. Jump on the Riverside Library and Cultural Event Center Facebook page and see what we have been up to! Associate Director, Mobile Services Public Services: • 7/7/20- 8/6/20: Distributed 560 take and make kits to Boys and Girls Club, Rosa Granado 325 kits at IN stops, and 51 at BKM stops (MOVE) • 7/24/20-8/7/20: Added new stop at Evans City Park • Continue distributing grab and go meals during our International Neighborhood Program, in partnership with the Weld County food bank thru 8/13/20 • 7/28/20: Resumed mobile services at Inter-Community Corrections Services (ICCS) • 7/31/20: The bookmobile received computers for public use and acts as a mobile hot spot for patrons • 8/3/20: Delivered old bookmobile to new owner • Working on deploying 40 different book deposits to Highland Elementary, Milliken Elementary and Pawnee Schools for Fall 2020 • 8/10/20: Deploying Pop-Up library device on BKM • Adding new Bookmobile community stop in Milliken starting 9/9/20
Outreach Services
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HPLD District Updates: August 17, 2020 Glenn A. Jones, M.D. Memorial Library; Johnstown, CO • 7/7/20-8/6/20: Distributed 150 take and make kits at Rodarte food program; 70 kits to CDI • 7/11/20: Outreach Librarian, Rick Medrano presented our vehicles to Governor Polis during his visit to HPLD • 7/21/20: Released first HPLD Virtual Reality Storytime • 7/23/20: Started District wide mask collection • 7/25/20: Partnered with Bright by Three to distribute diapers at IN stops • 7/28/20-8/6/20: Partner with Sunrise Community to support Census completion, assisted 46 families in completion • 8/7/20: Staff training for adding Outreach Services to our new workorder system • 8/11/20: Virtually hosted, Pints and Pages Book Club • 8/19/20: Resuming in person Citizenship Classes at DSS • Provide open BAL times for citizenship preparation: 10:00am-1:00pm M-Th • Working on Buell, Little Youth, Project Voice and Red Eye Rotary Grants • Working on Measuring Outreach Better in partnership with the CO State Library; looking to hire community ambassadors to assist with project • Contributing virtual children’s programming videos to District’s YouTube Channel • Outreach Librarian, Salah McKloskey submitted article for HPLD’s August newsletter about our first Virtual Reality Storytime – see CRM stat for views
Virtual Services • Compiling PCC usage numbers to evaluate PCC locations
Experience Services • 7/24/20: Distributed 150 SRA make and take kits to children during Weld County Food Bank mobile food truck stop at the IRC • 8/6/20: We have 1933 SRA registrations • 8/19/20: Starting SAS planning meetings • Secured date for SAS Event: Jason Reynolds on March 7th, 2021 at UNC • Providing circulation services for IN stops using the Pop-Up • Gathering Feedback on SRA program • Developing new Pop-Up service model and collection development to adapt to COVID-19 and MOVE’s priority population • Working on adding Soccer without Borders stop to Pop-Up schedule to provide Wifi service to students, expected to start in September Associate Director, • 8/12/20: Kersey Book Club at Centennial Park in Kersey Public Services: • Distributing food in partnership with Weld County Food Bank, on Rosa Granado Tuesdays and Thursdays, at Centennial Park in Kersey thru 8/13/20 (Kersey)
CRM • Survey distribution begins 8/10 Manager: James • We will start learning how to fly our drone for future pics and video. Should Melena see Erie construction video in next month hopefully
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HPLD District Updates: August 17, 2020 Glenn A. Jones, M.D. Memorial Library; Johnstown, CO • VR storytime was a big hit – 2600 views, reached almost 10,000 people organically. • New newsletter format has been very successful. We are getting 3x the open rate and 5x the click through rate to online edition. Collection • The new self-check units have started arriving. The first group of installs Resources have been completed at Lincoln Park, DSS, and Hudson. Starting Aug. 10th, Manager: Open the installs for the remaining 8 locations will begin. • Collection Development staff are in the process of creating another Leading the brochure to promote our books/databases on topics relevant to our department: unique times - "Learning @ Home" - and recently posted a brochure Collection Resources on "Job Searching.” ILL Supervisor, Pat • A list has been created that can be updated regularly that will Libera highlight newer diverse and/or new voices titles. • The Pop Up Library devices are up and running. • Both the children’s and adult Professional Collections have been evaluated and updated. • Some funds from State Grant 2020 were used to purchase new Wonder Book titles and additional Launch Pads which have arrived and will be sent out to the libraries very soon. • Lots of happy comments from patrons who are glad we are back on Prospector and Interlibrary Loan. More libraries are reopening and giving patrons more choices to obtain items through both Prospector and Interlibrary Loan. Facilities • Began work resurfaced the parking lots at Branches and DSS Manager, Bob • Painted and prepared new office for the Associate Director of Public Arellano Services Finance • Received notification that the 2020 budget document received the Manager: Natalie GFOA Distinguished Budget Presentation Award Wertz • Work on the 2021 budget • Participated in webcasts on economic conditions and outlook Foundation • Received $5,000 from the Union Pacific Foundation to support the Director: Abby Writer in Residence program. Yeagle • Preparing for the Links for Literacy golf tournament next month (Friday, September 11th). So far, 21 teams have registered and we have secured over $19,000 in sponsorship. Human Resources July 2020 Associate Director: • 2 open positions Eric Ewing • 144 job applications received • 0 new hires • 1 resignation • 73 training requests IT & Innovation • Setup and supported visit from the Governor Manager: Susan • Johnstown – new printer ordered, delivered, setup for Kristi Staples • Ft Lupton – replacement printer for Sarah, supported computer move
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HPLD District Updates: August 17, 2020 Glenn A. Jones, M.D. Memorial Library; Johnstown, CO • Eaton – walked location for security camera request • Outreach – equipment refresh and setup of grant equipment and Outreach vehicle in process • HR live on Service Cloud • Catholic Charities – expedited support for remodel • Organizational Profile review with RMPEX, participate in RMPEX values planning • Supported first round of self-check installation • Erie remodel support
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