BOARD OF TRUSTEES REGULAR SESSION Monday, March 18, 2019 Administrative Support Services 2650 W. 29 th St., Greeley, CO :00 p.m.

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1 BOARD OF TRUSTEES REGULAR SESSION Monday, March 18, 2019 Administrative Support Services 2650 W. 29 th St., Greeley, CO :00 p.m. 1.0 OPENING OF MEETING 1.1 Roll Call 1.2 Approval of Agenda 1.3 Approval of Regular Meeting Minutes A. February 19, 2019 Executive Session B. February 19, 2019 Regular Session C. February 19, 2019 Work Session 1.4 Public Comments 2.0 CHAIRMAN S REPORT 3.0 DIRECTORS REPORT 2.1 District Update Dr. Matthew Hortt, Executive Director 2.2 Foundation Update Abby Yeagle, Foundation Director 4.0 ITEMS FOR ACTION/ INFORMATION 3.1 Security Guards Contract (Action) Dr. Matthew Hortt, Executive Director 3.2 Colorado Statewide Investment Pool (CSIP) Natalie Wertz, Finance Manager 3.3 Colorado Open Record Act (CORA) Policy (Action) Dr. Matthew Hortt, Executive Director 3.4 Realtor RFP (Action) Dr. Matthew Hortt, Executive Director 3.5 Erie Update (Information) Dr. Matthew Hortt, Executive Director 3.6 Bylaws Discussion (Information) Dr. Matthew Hortt, Executive Director 5.0 BOARD COMMENTS 6.0 ADJOURNMENT Upcoming meetings: April 15 th, 5 p.m.; HPLD Board Meeting at Glenn A. Jones M.D. Memorial Library, 400 S. Parish Ave., Johnstown, CO April 22 nd, 5:30 p.m.; HPLD Board Special Session at HPLD Administration Bldg., 2650 W. 29 th St. Greeley, CO May 6 th, 6 p.m.; HPLD Board Meeting (Second Quarterly Session), at HPLD Administration Bldg., 2650 W. 29 th St. Greeley, CO May 20 th, 5 p.m.; HPLD Board Meeting at Fort Lupton Public & School Library, 425 Denver Ave., Fort Lupton, CO

2 1.0 OPENING OF MEETING 1.1 Roll Call 7: 13 p.m. Guests; Bill Garcia (Counsel) Chairman/ Region 3: Ken Poncelow Vice-Chairman/ Region 5: Mary Heberlee Secretary-Treasurer/ At Large: Bob Grand Region 1: John Damsma Region 2: Gerri Holton Region 4: Mary Roberts Region 6: Joyce Smock Staff: Dr. Matthew Hortt and Kathy Webb 1.2 Approval of Agenda 1.3 Public Comments 2.0 ITEMS FOR ACTION/ INFORMATION 2.1 Executive Session (Action) BOARD OF TRUSTEES DRAFT: EXECUTIVE SESSION Tuesday, February 19, 2019 Eaton Public Library 132 Maple Avenue, Eaton, CO :30 p.m. Motion: Trustee Roberts moved to conduct an Executive Session for the following reasons and adjourn from its conclusion. (No vote to be taken). Second: Trustee Smock Vote: Unanimously approved; 7:0 A. Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions, to discuss Foundation Formstack inquiry and other matters (4)(b), C.R.S. B. Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators to discuss expansion opportunities and IGAs (4)(e), C.R.S. 3.0 BOARD COMMENTS None. 4.0 ADJOURNMENT 8:46 p.m. There being no further business before this Board, Motion: Trustee Smock motioned to adjourn Second: Secretary/ Treasurer Grand Vote: Unanimously approved, 7:0

3 Approved this 18 th of March HPLD Board Secretary/ Treasurer Bob Grand Recording Secretary Kathy Webb

4 BOARD OF TRUSTEES DRAFT: REGULAR SESSION Tuesday, February 19, 2019 Eaton Public Library 132 Maple Avenue, Eaton, CO :00 p.m. 1.0 OPENING OF MEETING 1.1 Roll Call 6:50 p.m. Guests; Bill Garcia, Brenda Carns, Laura McFarland, Library Board members from Eaton and Ault, Colorado and representatives from Wember Inc. and Studiotrope Chairman/ Region 3: Ken Poncelow Vice-Chairman/ Region 5: Mary Heberlee Secretary-Treasurer/ At Large: Bob Grand Region 1: John Damsma Region 2: Gerri Holton Region 4: Mary Roberts Region 6: Joyce Smock Staff: Dr. Matthew Hortt, Tony Brewer, Rita Kadavy, Cindy Osborn, Joanna McNeal, Natalie Wertz and Kathy Webb 1.2 Approval of Agenda Motion: Secretary/ Treasurer Grand moved to amend the agenda by pulling item 3.1 from the voting items, as recommended by Staff as contracts are not yet finalized. Second: Seconded by Trustee Roberts Vote: Unanimously approved, 7:0 1.1 Approval of Regular Meeting Minutes A. January 21, 2019 Executive Session Motion: Trustee Roberts moved to approve Second: Trustee Holton Vote: Unanimously approved, 7:0 all B. January 21, 2019 Regular Session Motion: Vice-Chairman Heberlee moved to approve these minutes as presented Second: Trustee Smock Vote: Unanimously approved, 7:0 1.4 Public Comments No Public Comments 1.5 Chairman Report HPLD Chairman Poncelow gave an update to the Board on his on-going discussions with Wember Inc. regarding the idea of creating a prototype library for the District. 1.0 DIRECTORS REPORT 2.1 District Update - Dr. Matthew Hortt, Executive Director

5 Director Hortt briefly discussed his recent meeting with officials from the Town of Mead to discuss expanding services to the area. Hortt then provided the following updates; A. Steering Committee/ Strategic Plan Update Dr. Hortt reported that a Steering Committee comprised of management from branches, administration and facilities met to assign measures to accomplish the Strategic Plan according to schedule. Action will be taken in the next few weeks to revisit the District s mission, vision and values and schedule a luncheon with Member Directors to include them in the Strategic Planning process. Member Director of Eaton Library, Brenda Carns, addressed the Board; stating she and other Directors have appreciated the efforts made by Dr. Hortt to be more inclusion- a welcome change from previous years. B. All Staff Day- March 8, UNC Campus Commons, 8 a.m. 4 p.m. Dr. Hortt gave a brief overview of upcoming HPLD All Staff Day to be held at the University of Northern Colorado campus, featuring keynote speaker Tobias Guzman, Assistant Vice President at UNC as well as presentations by Chairman Poncelow and Staff. Dr. Hortt was pleased to announce staff from all Member Libraries and Branches would be in attendance. Brief discussion was held among the Board in regard to parking, the Staff Day agenda and other topics. 2.2 Foundation Update Foundation Trustees None. 2.0 ITEMS FOR ACTION/ INFORMATION 3.1 Roofing Contract (Action) Natalie Wertz, Finance Manager PULLED 3.2 MOU for Briggsdale (Action) - Dr. Matthew Hortt, Executive Director Dr Hortt presented on this item and presented a few edits to the MOU suggested by representatives of the Briggsdale Library, such as eliminating the word township and changing the date of the contract to begin May 1, Motion: Secretary/ Treasurer Grand motioned to approve the MOU with the adjustments. Second: Vice-Chairman Heberlee Vote: Unanimously approved, 7:0 3.3 Committee Composition (Action) - Dr. Matthew Hortt, Executive Director After some discussion among the Board it was decided, that Secretary/ Treasurer Grand would chair the HPLD Board Finance Committee with Trustee Roberts. Trustee Smock would serve as an alternate. Subsequently the Bylaws Committee will consist of Trustee Holton, Trustee Damsma as an alternate, with Vice-Chair Heberlee serving as Chairman. Motion: Trustee Roberts moved to adopt these changes to the Committee compositions for Second: Trustee Smock

6 Vote: Unanimously approved, 7:0 3.0 BOARD COMMENTS Trustee Damsma commented that he would like to attend All Staff Day but reported that he will be absent for the next or so due to medical necessity. Chairman Poncelow wished him a speedy recover and assured Damsma that he would be excused from the next month s meetings. Trustees Roberts, Holton and Smock remarked they would plan on attending Staff Day at UNC. Staff will provide her with a parking pass. Vice-Chairman Heberlee voiced her delight in having too many people volunteer for committees, stating it was a wonderful problem to have; too many people wanting to stay in involved and current/ up-to date on HPLD practices. Secretary/ Treasurer Grand declined the invitation to attend Staff Day. Chairman Poncelow closed by providing an update on Karen Haberman s retirement as Director of Northern Plains Public Library; reporting she very much is enjoying the bench the Board presented, in her garden at home. He thanked Counselor Garcia, Director Hortt and the Board their continued dedication to making High Plains the best District possible. 4.0 ADJOURNMENT 7:06 p.m. There being no further business before this Board, Motion: Secretary/ Treasurer Grand motioned to adjourn Second: Vice-Chairman Heberlee Vote: Unanimously approved, 7:0 Approved the 18 th day of March 2019 HPLD Board Secretary/ Treasurer Bob Grand Recording Secretary Kathy Webb

7 BOARD OF TRUSTEES DRAFT: WORK SESSION Tuesday, February 19, 2019 Eaton Public Library 132 Maple Avenue, Eaton, CO :00 p.m. 1.0 OPENING OF MEETING 1.1 Roll Call and Pledge of Allegiance 5:17 p.m. 2 Guests; Bill Garcia, Brenda Carns, Laura McFarland, Library Board members from Eaton and Ault, Colorado and representatives from Wember Inc. and Studiotrope 3 Chairman/ Region 3: Ken Poncelow 4 Vice-Chairman/ Region 5: Mary Heberlee 5 Secretary-Treasurer/ At Large: Bob Grand 6 Region 1: John Damsma 7 Region 2: Gerri Holton 8 Region 4: Mary Roberts 9 Region 6: Joyce Smock 10 Staff: Dr. Matthew Hortt, Tony Brewer, Rita Kadavy, Cindy Osborn, Joanna McNeal, Natalie Wertz and Kathy Webb 10.1 Approval of Agenda 2.0 ITEMS FOR ACTION/ INFORMATION (Information Only) Dr. Matthew Hortt, Executive Director 2.1 Construction Updates A. Erie Joseph Montalbano of Studiotrope presented initial design concepts to the Board in regard to the Erie expansion. Much discussion was held. Staff was directed to consider a second story, smoking accommodations, expanding the square footage of the ground floor and present their findings again at a later date. B. DSS Dr. Hortt discussed the District Support Services Building Expansion with the Board and gave a progress report addressing the total cost and completion date. Detailed Inquiries were made by Secretary/ Treasurer Grand, and Staff suggested a Finance Committee Meeting be held to discuss concerns separately. Grand agreed and the Board supported the decision. 2.1 Committee Composition Dr. Hortt addressed Staff concerns with the Board about having three Board members on a committee. Agendas would need to posted; meeting minutes would need to be taken and approved causing additional staff resources. Hortt urged the Board to reconsider the number of Board members on the Finance and Bylaws Committees.

8 Conversation ensued among Board members and they agreed to consider an alternative solution, agreeing two members on committees would aid in efficiency. 2.2 Bylaws Counselor Bill Garcia discussed current bylaws and addressed concerns among some Board members regarding the duration of their terms. After clarifying the matter, Counselor Garcia agreed to revisit this issue with the Board, at a later date, allowing him to research the topic. 2.3 Ethics Policy After some discussion, 2019 HPLD Board Members agreed to and signed the Board of Trustees Ethics Policy. 2.4 Staff Surveys Dr. Hortt presented Staff Survey results to the Board and discussed the implications. The Board was in agreement that Staff Surveys will continue to be conducted annually to gage job satisfaction and impacts of the Strategic Plan on HPLD as a whole; advising Staff to consider including Member Libraries and sharing the results with their respective Boards. 2.5 Mill Levies Natalie Wertz, Finance Manager presented on this item and fielded questions from the Board regarding changes to the mill levies in After some discussion, direction was given to Staff to alert Members of these changes by April 1 st, so they can adjust their budgets accordingly. 2.0 BOARD COMMENTS Due to a longer than anticipated Work Session, remarks were kept to a minimum and comments would be addressed during the following Regular Session. 3.0 ADJOURNMENT 6:42 p.m. There being no further business before the Board, Motion: Vice-Chairman Heberlee Second: Trustee Holton Vote: Unanimously approved, 7:0 Approved the 18 th day of March 2019 HPLD Board Secretary/ Treasurer Bob Grand Recording Secretary Kathy Webb

9 HIGH PLAINS LIBRARY DISTRICT BOARD OF TRUSTEES COMMUNICATION Meeting date: March 18 th 2019 Type of item: Action Subject: Security Guards for Lincoln Park Branch Library Presented by: Dr. Matthew Hortt, Executive Director Recommendation: Approve Contract for Security Guard Services at Lincoln Park Branch Library Background Lincoln Park Branch Library utilizes security guards to provide security for staff and patrons for 48 hours per week. The incumbent company providing the services ceased operating necessitating a switch to a new provider. Considerations The contract is for one year of service with Code 4 Security Services, LLC based out of Fort Collins, CO and will cost the District $59,904. This amount is greater than $50,000 annually which requires Board approval. Mr. Garcia is working with Code 4 s attorney to develop a contract with mutually agreeable language. Recommendation Staff recommend the Board approve contract for Security Guard Services at Lincoln Park Branch Library

10 INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement ("Agreement") is made as of this 1st day of April, 2019 (, (the Effective Date ) by and between High Plains Library District ( Client ) and Code 4 Security Services LLC ( Independent Contractor ). Client and Independent Contractor may each be referred to in this Agreement as a Party and collectively as the Parties. 1. Services. Independent Contractor shall provide the following security services to Client in a reasonable and customary manner in accordance with industry norms (the Services ): Security guard services for High Plains Library District o Site Security at High Plains Library - Lincoln Park o Additional security services as needed In addition, Independent Contractor shall perform such other duties and tasks, or changes to the Services, as may be agreed upon by the Parties in a subsequent signed writing, which writing shall also detail the equitable adjustment to be made to the compensation due hereunder as a result of changes in the scope of the Services. The Independent Contractor shall determine the method, details, and means of performing the Independent Contractor s Services for which Independent Contractor is responsible under this Agreement and Client will have no right to, and shall not, control the manner or determine the method of Independent Contractor accomplishing or supplying the Independent Contractor s Services. 2. Compensation. As full compensation for the services rendered pursuant to this Agreement, the Client shall pay the Independent Contractor in accordance with the Fee Schedule set forth as Exhibit A attached and incorporated hereto, including Minimum Compensation amounts as addressed in Exhibit A. Additionally, Client agrees that all Payments shall be made to Independent Contractor within fourteen (14) days of Independent Contractor s invoice. If payment is not made within fourteen (14) days from the date of Independent Contractor s invoice, Independent Contractor shall be entitled to a late fee in the amount of 5% of the invoiced amount plus interest at the rate of 1.5% per month until paid in full. Client agrees that fees outlined in Exhibit A shall increase by 3% upon renewal for each successive one (1) year term as outlined in Section 4 of this Agreement unless otherwise agreed upon in writing. 1 / 7

11 3. Expenses. All costs and expenses incurred by Independent Contractor in connection with the performance of the Services shall be the sole responsibility of and paid by Independent Contractor. 4. Term and Termination. Independent Contractor s engagement with Client under this Agreement shall commence on the Effective Date and continue for a term of one (1) year from the Effective Date. Thereafter, this Agreement shall automatically renew for successive one (1) year terms unless terminated by the parties as provided for herein. Independent Contractor acknowledges and agrees that the engagement with Client is at will, subject to being terminated at the discretion of Client at any time, upon thirty (30) days prior written notice to Independent Contractor. In addition, this Agreement may be terminated by Independent Contractor upon thirty (30) days prior written notice to Client. At the time of termination, Independent Contractor agrees to return all Client property used in performance of the Services, including but not limited to computers, cell phones, keys, reports and other equipment and documents. Independent Contractor shall have the right to terminate this Agreement if payment on any invoice is not made within thirty (30) days of invoice, upon providing Client with five (5) days written notice of non-payment and opportunity to cure. Independent Contractor shall be entitled to cease the performance of Independent Contractor s Services immediately upon termination of the Agreement and shall have no liability to Client for any damages caused by the cessation of Independent Contractor s Services. Upon termination of this Agreement, all amounts owed to Independent Contractor for Services provided through the date of termination shall be immediately due and payable. 5. Independent Contractor. The Parties agree and acknowledge that Independent Contractor is an independent contractor and is not, for any purpose, an employee of Client. Independent Contractor does not have any authority to enter into agreements or contracts on behalf of Client, and shall not represent that it possesses any such authority. Client remains responsible for all general policies and for all decisions made by Client, and releases Independent Contractor from any liability or responsibility for such decisions, or for the information or lack thereof used by Client in making such decisions. Independent Contractor shall not be entitled to any of Client s benefits, including, but not limited to, coverage under medical, dental, retirement or other plans. Client shall not be obligated to pay worker's compensation insurance, unemployment compensation, social security tax, withholding tax or other taxes or withholdings for or on behalf of the Independent Contractor in connection with the performance of the Services under this Agreement. Nothing contained in this Agreement shall be deemed or construed by the Parties to create the relationship of a partnership, a joint venture or any other fiduciary relationship. Independent Contractor will provide a certificate of Workers Compensation coverage to client. 6. Ownership of Work Product. The Parties agree that all work product, information or other materials created and developed by Independent Contractor in connection with the performance of the Services under this Agreement and any resulting intellectual property 2 / 7

12 rights (collectively, the Work Product ) are the sole and exclusive property of Client. The Parties acknowledge that the Work Product shall, to the extent permitted by law, be considered a work made for hire within the definition of Section 101 of the Copyright Act of 1976, as amended, (the Copyright Act ) and that Client is deemed to be the author and is the owner of all copyright and all other rights therein. If the work product is not deemed to be a work made for hire under the Copyright Act, then Independent Contractor hereby assigns to Client all of Independent Contractor s rights, title and interest in and to the Work Product, including but not limited to all copyrights, publishing rights and rights to use, reproduce and otherwise exploit the Work Product in any and all formats, media, or all channels, whether now known or hereafter created. 7. Insurance. For the term of this Agreement, Independent Contractor shall, at its own expense, obtain and maintain a policy of commercial general liability insurance, with appropriate and adequate coverage and limits, relative to the services that Independent Contractor performs for the Client. For purposes of this section, appropriate and adequate coverage shall include, at a minimum, $1,000,000 per occurrence. Independent Contractor shall provide a certificatedeclaration sheet or other proof of insurance to Client attesting that Contractor has procured the insurance policies, amounts, and coverages as required within three (3) business days of the effective date of this agreement and upon any change of coverage or limits. 8. Mutual Representations and Warranties. Both Client and Independent Contractor represent and warrant that each Party has full power, authority, and right to execute and deliver this Agreement, has full power and authority to perform its obligations under this Agreement, and has taken all necessary action to authorize the execution and delivery of this Agreement. No other consents are necessary to enter into or perform this Agreement. 9. Independent Contractor Representations and Warranties. Independent Contractor represents and warrants that it has all the necessary licenses, permits and registrations, if any, required to perform the Services under this Agreement in accordance with applicable federal, state and local laws, rules and regulations and that it will perform the Services according to the Client s guidelines and specifications and with the standard of care prevailing in the industry. 10. Limitation of Liability; Indemnification. Independent Contractor shall not be liable for any loss, cost, expense, or damage to Client in an amount exceeding fees actually paid by Client under this Agreement. Client waives any right to and Independent Contractor shall not be liable for any direct, indirect, incidental, consequential, punitive, exemplary, or special damages sustained for any reason by Client pursuant to Independent Contractor s provision of services under this Agreement. Client hereby releases Independent Contractor and its directors, officers, shareholders, employees, and agents from any liability for injury or damage suffered by the Client in connection with the provision of the Services, unless such injury or damage results directly from the negligent act of Independent Contractor. Client agrees to indemnify and hold harmless Independent 3 / 7

13 Contractor and its members, principals, employees, contractors, and agents from any liabilities, costs, or damages including reasonable costs and attorney fees resulting in whole or in part from any act or failure to act of the Client or any breach of this Agreement by the Client. Formatted: Font: Bold Governing Law. The terms of this Agreement and the rights of the Parties hereto shall be governed exclusively by the laws of the State of Colorado, USA, without regard to its conflicts of law provisions Disputes. Except as provided for in Section 21 of this Agreement, the parties agree to try to resolve disputes arising from this Agreement through mediation. The parties shall participate in a good faith effort to negotiate a resolution of any dispute before a mutually agreed upon mediator. If the parties are unable to agree upon a mediator within twenty-one (21) days after service of the notice initiating mediation, the parties shall utilize the mediation services through the Judicial Arbiter Group ("JAG") in Denver, Colorado, any successor of the Judicial Arbiter Group, or any similar mediation provider who can provide a former judge to conduct such mediation if JAG is no longer in existence, or a mediator appointed by the court. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association, in an arbitration conducted in Colorado Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns Assignment. The interests of Independent Contractor are personal to Independent Contractor and cannot be assigned, transferred or sold without the prior written consent of Client, which shall not be unreasonably withheld Entire Agreement. This Agreement and any exhibit attached constitutes the entire agreement between the Parties hereto with respect the subject matter hereof, and supersedes all prior negotiations, understandings, and agreements of the Parties Amendments. No supplement, modification or amendment of this Agreement will be binding unless executed in writing by both of the Parties Notices. Any notice or other communication given or made to either Party under this Agreement shall be in writing and delivered by hand, sent by overnight courier service or sent by certified or registered mail, return receipt requested, to the address provided herein or to another address as that Party may subsequently designate by notice, and shall be deemed given on the date of delivery Waiver. Neither Party shall be deemed to have waived any provision of this Agreement nor the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by either Party of a breach or violation of any 4 / 7

14 provision of this Agreement shall not constitute a waiver of any subsequent or other breach or violation Further Assurances. At the request of one Party, the other Party shall execute and deliver such other documents and take such other actions as may be reasonably necessary to effect the terms of this Agreement Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal, and enforceable as though the invalid, illegal or unenforceable parts had not been included in this Agreement. 21. Non-Solicitation/Non-Disparagement. Client agrees that during the term of this Agreement and for a period of one (1) year after the expiration or termination of this Agreement for any reason, Client shall not: (a) directly or indirectly request or advise any customer or client of Independent Contractor to withdraw, curtail, or cancel such customer's or client's business with Independent Contractor; (b) induce or attempt to induce any employee, agent, or former employee or agent of Independent Contractor to leave the employ of the other party, or hire any such employee, agent or former employee or agent in any business or capacity; or (c) make any statement disparaging to Independent Contractor or any member, principal, officer, director, shareholder, employee or agent thereof, to any person, firm, corporation or other business organization whatsoever. Collectively, (a), (b), and (c) above are referred to as Prohibited Acts. The parties agree that in the event of any breach of this Section 21, Independent Contractor shall be entitled to an Order for injunctive relief and/or for specific performance, or their equivalent, from a court, including requirements that Client take action or refrain from action to avoid additional damage to Independent Contractor as a result of Client s engagement in Prohibited Acts. Client agrees the Independent Contractor does not need to post a bond to obtain an injunction and waives the right to require such a bond. The parties further agree that in the event of Client engagement in Prohibited Acts monetary damages to Independent Contractor may be difficult to determine. Accordingly, in addition to any ordered injunctive relief resulting from Client engagement in Prohibited Acts, the parties agree that Independent Contractor shall be entitled to liquidated damages in the amount of $5, per instance Attorneys Fees. If any arbitration or action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party, in addition to any other relief to which that party may be entitled, shall be entitled to an award of its reasonable attorneys fees and costs incurred, which may be set by the court in the same action or in a separate action brought for that purpose Joint Authorship. The parties acknowledge and agree that this Agreement shall not be construed or interpreted against any party on the grounds of sole or primary authorship. The parties acknowledge that they have had the opportunity to consult with 5 / 7

15 and receive legal, accounting, and other advice by attorneys, accountants, and other professionals of their choosing prior to entering into this Agreement. [Signature page follows] 6 / 7

16 IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the date first written above. HIGH PLAINS LIBRARY DISTRICT By: CODE 4 SECURITY SERVICES, LLC By: Name: Name: Its: Authorized Signatory Its: Authorized Signatory Company or Person to be Billed: Code 4 Security Services LLC S. Lemay Ave. Suite 201 Fort Collins, CO Billing Address: Billing Phone Number: Billing Address: 7 / 7

17 EXHIBIT A FEE SCHEDULE SERVICES: Unarmed Security Staff: $24 per guard per hour. Security guard services for High Plains Library District o Site Security at High Plains Library - Lincoln Park o Additional security services as needed COVERAGE 1 unarmed guardofficer TIME OF PERFORMANCE Sunday 1 unarmed guardofficer 1:00 PM 5:10 PM Monday Thursday 1 unarmed guardofficer per day 12:10 PM 8:10 PM Friday 1 unarmed guardofficer 10:10 AM 5:10 PM Saturday 1 unarmed guardofficer 12:20 PM 5:10 PM ADDITIONAL INFORMATION *The following holidays will be billed at time and a half rate: New Years Eve New YearsYear s Day Memorial Day Easter Independence Day Labor Day Thanksgiving Day Christmas Eve Christmas Day MINIMUM COMPENSATION Client acknowledges and agrees that for any day or partial day on which Independent Contractor performs Services under this Agreement, Independent Contractor shall be compensated and Client shall be invoiced for a minimum of four (4) hours per guard and, if applicable, four (4) hours per supervisor assigned for performance of the Services.

18 HIGH PLAINS LIBRARY DISTRICT BOARD OF TRUSTEES COMMUNICATION Meeting date: March 18, 2019 Type of item: Action Subject : Colorado Statewide Investment Pool (CSIP) Presented by: Matthew Hortt, Executive Director and Natalie Wertz, Finance Manager Recommendation: Approve opening a CSIP account High Plains Library District has an account at ColoTrust, one of the local government investment pools available in Colorado. The balance in ColoTrust is currently approximately $25 million. The Colorado Statewide Investment Pool (CSIP) is another local government investment pool that is similar to ColoTrust, holds the same types of investments as ColoTrust, and bears an interest rate that is very comparable to ColoTrust (currently about 2.57% to 2.58%). ColoTrust uses Wells Fargo for banking activity. Because of ventilation and hardware issues at a processing center on February 7, 2019, Wells Fargo was unable to process transfers that day. The HPLD Finance Manager was not able transfer funds from ColoTrust to the operating bank account to cover the check run on that date. The issue was corrected the following day and the HPLD Finance Manager was able to complete the transfer on Friday morning February 8, CSIP uses US Bank for banking activity. Opening an account with CSIP would allow the HPLD Finance Manager to have another option to cover expenditures if the funds in ColoTrust were temporarily unavailable. Staff Recommendation: Approve the board resolution to open an account with CSIP and move $5 million of the funds in ColoTrust to the CSIP account.

19 Colorado Statewide Investment Pool Resolution 19-xx WHEREAS, the High Plains Library District ( Participant ) desires to join with other Local Governments to pool funds for investment; and WHEREAS, pursuant to Article 24, Part 7, (C.R.S.), it is lawful for any Local Government to pool any moneys in its treasury, which are not immediately required to be disbursed, with the same such moneys in the treasury of any other Local Government in order to take advantage of short-term investments and maximize net interest earnings; and WHEREAS, the Trust is a statutory trust formed under the laws of the State of Colorado in accordance with the provisions of Parts 6 and 7, Article 24 and Articles 10.5 and 47 of Title 11 of the Colorado Revised Statutes regarding the investing, pooling for investment and protection of public funds; NOW, THEREFORE, it is hereby RESOLVED as follows: 1. The Board of Directors of High Plains Library District hereby approves and adopts, and thereby joins as a Participant with other Local Governments pursuant to Title 24, Article 75, Part 7 of the Colorado Revised Statutes, that certain Indenture of Trust entitled the Colorado Statewide Investment Pool as amended from time to time, the terms of which are incorporated herein by this reference and a copy of which shall be filed with the minutes of the meeting at which this Resolution was adopted; and The undersigned hereby certifies that: the High Plains Library District has enacted: This Resolution, or Another form of Resolution, a copy of which is enclosed and that such Resolution is a true and correct copy of the original which is in my possession. Name of Local Government: High Plains Library District By: Authorized Signatory Date: Attest:

20 HIGH PLAINS LIBRARY DISTRICT BOARD OF TRUSTEES COMMUNICATION Meeting date: March 18, 2019 Type of item: Action Subject: Colorado Open Records Act (CORA) Policy Presented by: Matthew Hortt, Executive Director Recommendation: Adopt the CORA Policy High Plains Library District as a governmental entity, is subject to and required to comply with the Colorado open Records Act, 5} to - 206, C.R.S. ("CORA"); and therefore is required to make documents available to the public. Earlier this year, the Board also agreed to adopt Colorado State Archives Special District Records Management Manual, therefore we would also need to ensure public requests are in accordance with the minimum standards set outlined therein. CORA permits the adoption of policies specifying the applicable conditions concerning the research and retrieval of public records, including the imposition of a research and retrieval fee; and the ability to provide guidance to persons who submit requests for public records to the District pursuant to CORA. Staff recommends adopting a policy regarding requests for public records and the research and retrieval fees that apply when responding to CORA requests. Staff Recommendation: Approve the attached CORA policy

21 POLICY REGARDING OPEN RECORDS REQUESTS DRAFT December 18, 2018 Public Records High Plains Library District is committed to the principle of openness and accessibility. As such, we commit to fulfill every request for public records as efficiently and expeditiously as possible and within the requirements established by the Colorado Open Records Act, [ C.R.S et seq. ("CORA") ] and the minimum requirements set forth by the Colorado State Archives Special Districts Record Retention Manual. The following procedures are intended to facilitate requests for public records responsibly and efficiently, to maintain the integrity of the District's records, and to engage effectively with the public. This policy is therefore subject to the District s legal counsel. Requests for comment or for information not contained within existing District records should be directed to the Public Information Office (link it here). Requests for Public Records Requests will be processed by the Office of the Executive Director, who is the designated custodian of records. General s to the District or inquiries made on the District s social media sites will not be treated as open records requests pursuant to CORA. When practicable, open records requests should be submitted in writing or made via the District 's records request form (to be linked here), which is available on the District s website. Prior to submitting a records request, please check the District s website to determine whether the records sought are already available online. All requests must contain the following information: The name and preferred contact information for the requesting party. A description of the records sought. (Please describe as specifically as possible, including applicable date ranges and source of information, if known). Preferred method of delivery. ( , regular mail, in-person inspection, etc.). Responses to Requests The Office of the Executive Director is responsible for responding to the requesting party in a timely manner. Responses will be provided in the format in which the documents are maintained whenever legally, technologically, or practically feasible. The requesting party will be notified if the requested documents are not available, reside with another agency or if the records are not covered by CORA. Page 1 of 4

22 POLICY REGARDING OPEN RECORDS REQUESTS DRAFT December 18, 2018 Responses to Requests (continued) Responses to requests will include information currently in the possession of the District. Responses to requests will not routinely include the restoration of the District systems that may be available on backup tapes or other means of disaster recovery. Additionally, responses to requests will not routinely include data that is automatically created, stored, or retained on an individual computer or on network equipment or servers, such as metadata that is not otherwise imprinted or stored as part of the visible content of an message, logs, web traffic statistics, browser cookies, browser cache, server logs, browser history, or firewall logs. Commented [WFG1]: Should be District? If review of original documents is requested, the records custodian may impose certain procedures to protect the integrity of the public record, including supervision by a District employee within the area where the records are stored and/or maintained. The records custodian may also establish a designated area or schedule for a particular time of day so as to not unduly disrupt the day-to-day activities of that specific office or department. Requests received after the close of business will be considered to be received on the next business day. The District will comply with the reasonable response timelines set forth in CORA. Every attempt will be made to fulfill open records requests within three (3) working days. If the request cannot be filled within three working days, the requestor will receive notice from the records custodian that additional time, up to seven (7) working days, will be necessary. Commented [WFG2]: District Limitations The District will only produce documents, within their possession, as permitted by CORA and those which do not exceed the minimal standards set forth by the Colorado State Archives Special Districts Record Retention Manual. Documents that are prohibited from Disclosure under CORA will not be released, including but not limited to; C.R.S (3) (a) (V) Library and museum material contributed by private persons, to the extent of any limitations placed thereon as conditions of such contributions And C.R.S (3) (a) (VII) Library records disclosing the identity of a user as prohibited by section Fees Charged High Plains Library District seeks to meet public information requests in the most economical fashion possible. The fees charged by the District will be consistent with the provisions of CORA. Standard fees for records requests include copy charges, research and retrieval time, and actual costs associated with fulfilling the request. Research and retrieval time may include, but is not Page 2 of 4

23 POLICY REGARDING OPEN RECORDS REQUESTS DRAFT December 18, 2018 limited to: actual costs involved in the gathering of documents, costs associated with specialized IT support, and staff time required to research, locate, retrieve, and review records, and create or run records in electronic or digital format. The nature of the request dictates the potential fees and costs incurred. Pursuant to C.R.S (6) there is no charge for the first hour of time for research and retrieval of records. Fees Charged (continued) Copies 8.5" x 11" 25 per page 11" x 17" 25 per page Greater than 11" x 17" Actual cost of reproduction + Research and retrieval time Electronic Copies on CD If the record exists in electronic format If the record has to be scanned If the record has to be printed and scanned BOCC Study Sessions or other audio recordings $2 per CD + Research and retrieval time $2 per CD + Research and retrieval time $2 per CD + Research and retrieval time + paper conv fee $2 per CD + Research and retrieval time PDF Records Sent Via If the record exists in electronic format If the record has to be scanned to PDF If the record has to be printed and scanned to PDF Research and retrieval time Research and retrieval time Research and retrieval time + paper copy fee Research and retrieval One hour or less $0 More than one hour $30 per hour Mailing Expenses Mailing Expenses I Actual Cost Page 3 of 4

24 POLICY REGARDING OPEN RECORDS REQUESTS DRAFT December 18, 2018 Deposits If the fulfillment of a request is likely to incur fees in excess of $30.00, the records custodian will attempt to provide the requesting party with an estimate of the likely fees to be generated in fulfilling the request. District may require payment of the estimated fees prior to any staff time being expended on responding to the request. Requesting parties will be responsible for any actual costs incurred in excess of the deposit and will be reimbursed for any estimated costs that are not actually incurred. Requests that require IT staff to search or other electronic records will require a deposit when IT estimates that the search will take longer than five hours of staff time. Adapted from Adams County, Colorado Page 4 of 4

25 RESOLUTION OF THE BOARD OF TRUSTEES OF THE HIGH PLAINS LIBRARY DISTRICT 19-xxx Colorado Open Records Act Rules and Policy WHEREAS, the High Plains Library District (the "District") was organized as a library district pursuant to et seq., C.R.S.; and WHEREAS, as a governmental entity, the District is subject to and required to comply with the Colorado open Records Act, 5} to - 206, C.R.S. ("CORA"); and will make documents available to the public in accordance to the minimum standards set forth by the Colorado State Archives Special District Records Management Manual WHEREAS, CORA permits the adoption of policies specifying the applicable conditions concerning the research and retrieval of public records, including the imposition of a research and retrieval fee; and WHEREAS; to provide guidance to persons who submit requests for public records to the District pursuant to CORA, the District desires to adopt a policy regarding requests for public records and the research and retrieval fees that apply when responding to CORA requests; and NOW THEREFORE, be it resolved by the Board of Trustees of the High Plains Library District as follows: 1, The Board adopts the "Policy Regarding Requests for Public Records Research and Retrieval" attached as Exhibit A to this resolution. Adopted this day of January 2019 ATTEST: Chairman, Board of Trustees Secretary, Board of Trustees

26 HIGH PLAINS LIBRARY DISTRICT BOARD OF TRUSTEES COMMUNICATION Meeting date: March 18 th 2019 Type of item: Action Subject: Realtor RFP Presented by: Dr. Matthew Hortt, Executive Director Recommendation: Approve the release of the Realtor RFP Background In February 2018, following the RFP Process HPLD entered into a contract with Realtech to provide realtor services. The contract expired on December 31 st, Following Board Directive staff have prepared a new RFP for realtor services. Considerations With the expected growth of the District and an updated Facilities Master Plan future land and property purchases are expected over the next 5 years. To meet these needs HPLD will need representation in the evaluation, vetting and purchase of future projects. Recommendation Staff is recommending the Board of Trustees discuss and approve the release of the Realtor RFP.