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2008-039 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. 2007-046THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-039 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. 2007-046 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 That By-law No. 2007-046 is hereby repealed. 3. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 26T" DAY OF MARCH, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 26T" DAY OF MARCH, 2008. THE CORePORATION OF THE TOWNSHIP OF ORO-MEDONTE J. i Schedule "A" to By-Law No. 2008-039 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 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. 0 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 2008, 3.2 Payments shall be quarterly on March 31, June 30, September 30, and December 31. z 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#etr~one year&from the 1st day of January 2008 to the 31St day of December X949- 2008 12.0 Entire Contract: 12.1 This Agreement constitutes the entire Agreement between the parties. There are no other agreements or understanding. DATE March 26, 2008 DATE __QZ.OO ~/D,Z~a2.$' THE MUNICIPALITY (Seal) Signing Officer H.S. Hughes Mayor T E MUNICIPALITY (Seal) Signing Officer J. Douglas Irwin Clerk THE PUBLIC LIBRARY BOARD Chair /; THE PUBLIC LIBRARY BOARD Secretary