2007-046 To Authorize the Execution of a Contract between The Township of Oro-Medonte and The Orillia Public Library BoardTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2007-046
A By-law to Authorize the Execution of a Contract between
The Township of Oro-Medonte and The Orillia Public Library Board
For a Term of One Year
And to Repeal By-law No. 2004-064
WHEREAS the Public Libraries Act, R.S.O. 1990, c.P.44, as amended, Section 29(1)
provides for the entering into a contract with a public library board for the purpose of
providing the residents of the municipality with library services;
AND WHEREAS Council deems it desirable to enter into a Contract with the Orillia
Public Library Board;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. That the Mayor and Clerk are hereby authorized to execute the contract between
The Corporation of the Township of Oro-Medonte and The Orillia Public Library
Board, said agreement attached hereto as Schedule "A" and forming part of this
by-law.
2. That By-law No. 2004-064 is hereby repealed.
3. This by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 25T" DAY OF APRIL, 2007.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 25T" DAY OF APRIL,
2007.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
J.
Schedule "A" to By-Law No. 2007-046
CONTRACT FOR LIBRARY SERVICE
AGREEMENT
between The Orillia Public Library Board
36 Mississaga Street West
Orillia, Ontario
L3V 3A6
("the Public Library Board")
and The Township of Oro-Medonte
P.O. Box 100
Oro, Ontario
LOL 2X0
("the Municipality)
The Municipality and the Public Library Board agree as follows:
1.0 Description of Services:
1.1 The Public Library Board shall endeavour to provide, in cooperation with other
public library boards, a comprehensive and efficient library service to the
residents of the Municipality.
1.2 The Public Library Board shall operate a library open a minimum of 20 hours per
week and shall not make a charge for admission to the library or for use in the
library of the library's materials by the residents of the Municipality.
1.3 The Public Library Board shall allow the residents of the Municipality to:
(a) Borrow circulating books; and
(b) Use reference and information services as the Public Library Board
considers practicable, without making any charge.
1.4 The Public Library Board may impose such fees as it considers proper for
services not referred to in section 1.2 and 1.3.
2.0 Public Library Board's Warranties:
2.1 The Public Library Board is a corporation duly established under the Public
Libraries Act (RSO 1990, Chapter P44, as amended).
2.2 To ensure quality library service under this Agreement, the Public Library Board
shall endeavour to:
(a) Ensure that all materials are available for use outside the library except
those used frequently for reference service, and rare and fragile items;
b) Ensure circulation policies of greatest convenience to the user and
maximum use of materials;
(c) Ensure that the selection of materials reflects the needs of the
community as defined in regular community analyses and needs studies;
(d) Ensure that the information provided to public library users is accurate,'
up-to-date and is coordinated with other appropriate organizations;
(e) Ensure that all library facilities are accessible as defined by the
standards of accessibility of the Ontario Building Code;
(f) Provide resources, programs and services to meet defined community
needs;
(g) Provide a telephone in each of their facilities in order to ensure user
access and maintain communication with other library systems.
3. 0 Cost:
3.1 The Municipality shall pay the Orillia Public Library Board the sum of: Ninety
Thousand Dollars ($90,000) for the year 2007;
-29aA:
3.2 Payments shall be quarterly on March 31, June 30, September 30, and
December 31.
2
4.0 Municipal Representation on the Orillia Public Library Board:
4.1 The Public Library Board shall request its appointing council to appoint a
member of the Township of Oro-Medonte Council (or a resident of the
Township of Oro-Medonte designated by the Township of Oro-Medonte
Council), recommended by the Township of Oro-Medonte Council, to the Public
Library Board.
5.0 Reports:
5.1 The Public Library Board shall submit an annual report to the Municipality.
5.2 The Municipality shall make an annual financial report to the Minister and make
any other reports required by the Public Libraries Act, and its regulations or
requested by the Minster.
6.0 Limitation of Liability:
6.1 The Municipality shall not be liable for any injury, death or property damage to
the Public Library Board, its employees or agents or for any claim by any third
party against the Public Library Board, its employees or agents.
6.2 The Municipality shall not be liable for any incidental, indirect, special or
consequential damages or loss of use, revenue or profit of the Public Library
Board arising out of or in any way related to this Agreement or the services.
7.0 Cancellation:
7.1 Either the Municipality or the Public Library Board may terminate this
Agreement at any time upon six months of notice in writing.
8.0 Notices:
8.1 Notices under this Agreement shall be given in writing by personal delivery or
by mail.
8.2 Notice by mail shall be deemed to have been given on the fourth business day
after the date of mailing.
9.0 Signing Authority:
9.1 Contracts are to be signed on behalf of the Public Library Board, by the Chair
and Secretary of the Board and, on behalf of the contracting municipality by two
(2) authorized Signing Officers.
3
10.0 Inspection:
10.1 The Municipality shall be entitled at all reasonable times, to review any records,
books, accounts and documents in the possession or under the control of the
Public Library Board.
11.0 Duration:
11.1 This Agreement shall, subject to Section 7 hereof, be in force and effect for#ear ohC,
yeare~from the 1st day of January 2007 to the 31S` day of December 2A48r 2,00'
12.0 Entire Contract:
12.1 This Agreement constitutes the entire Agreement between the parties. There
are no other agreements or understanding.
DATE April 25, 2007
,'~ _ ~~
T E MUNICI ITY (Seal)
Signing Officer J. Douglas Irwin
Clerk
DATE 1~~/6r~j. %Gy ~~j'~ ~.--~'~
THE PUBLIC LIBRARY BOARD
Chair
lf~~i
THE PUBLIC LIBRARY BOARD
Secretary
Signing Officer H.S. Hughes
Mayor