2020-030 By-law to Authorize the Execution of a Contract between The Townshiop of Oro-Medonte and The Orillia Public Library Board for a Term of One Year and to Repeal By-law No. 2019-028The Corporation of the Township Of Oro-Medonte
By-law No. 2020-030
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. 2019-028
Whereas the Public Libraries Act, R.S.O. 1990, c.P.44, as amended, Section 29(1)
provides that the council of a municipality may, instead of establishing or maintaining a
public library, enter into a contract with a public library board, union board or county
library board for the purpose of providing the residents of the municipality with library
services, on the terms and conditions set out in the agreement;
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:
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 That By-law No. 2019-028 is hereby repealed.
3. And That this by-law shall take effect on the final passing thereof.
By -Law read a First, Second and Third time, and Passed this 20th day of May,
2020.
The Corporation of the Township of Oro-Medonte
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yor, . S. Hu s
D'U�&Jr.-
, Yvonne Aubichon
Schedule N to By -Law No. a0OO -C�3 U
CONTRACT FOR LIBRARY SERVICE 2020
AGREEMENT
between The Orillia Public Library Board
36 Mississaga Street West
Orillia, ON L3V 3A6
("the Public Library Board")
and The Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, ON LOL 2E0
("the Township")
The Township 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 Township.
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 Township.
1.3 The Public Library Board shall allow the residents of the Township full access to
all Library services.
1.4 The Public Library Board may impose such fees as it considers proper for
services and as allowed in the Public Libraries Act (RSO 1990 c.P.44, s. 23 (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 THEREFORE it is mutually understood and agreed that the Corporation of the
Township of Oro-Medonte will pay the Orillia Public Library Board the amount of
$44.13 per library member for library service for Oro-Medonte residents and
taxpayers for the period beginning January 1, 2020 and ending December 31,
2020 with payment to be made upon receipt of invoices issued quarterly.
Invoices will be based on new registrations during each of the invoice periods.
3.2 Payments shall be made to the Orillia Public Library on receipt of the invoice.
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.
6.0 Reports:
5.1 The Public Library Board shall submit an annual report to the Township.
5.2 The Township 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 Township 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 Township 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.
6.3 The Public Library Board will save, defend and keep harmless and fully indemnify
the Township and each of its elected officials, officers, employees and agents of,
from and against all manner of actions, suits, claims, executions and demands
which may be brought against or made upon the Township, its elected officials,
officers, employees and agents or any of them and of, from and against all loss,
costs, charges, damages, liens and expenses which may be sustained, incurred
or paid by the Township, its elected officials, officers, employees and agents, or
any of them, by reason of, or on account of, or in consequence of the fulfilment
by the Public Library Board of its obligations under this Agreement including the
default or breach by the Public Library Board of its obligations under this
Agreement or by reason of any negligence or wilful default of the Public Library
Board, its officers, employees, agents or persons acting under its direction in
connection with its obligations hereunder.
7.0 Cancellation:
7.1 Either the Township 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 township by two (2)
authorized Signing Officers.
10.0 Inspection:
10.1 The Orillia Public Library shall maintain current up to date records for the
purposes of the administration of this agreement and to provide accurate
membership and usage statistics as requested by the Township for Oro-Medonte
residents and taxpayers.
11.0 Duration:
11.1 This Agreement shall, subject to Section 7 hereof, be in force and effect from
January 1, 2020 to December 31, 2020.
12.0 Entire Contract:
12.1 This Agreement constitutes the entire Agreement between the parties. There are
no other agreements or understanding.
DATE
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The Township f Oro Medonte (Seal)
Signing Offic r
TWOownship of Oro Medonte (Seal)
Signing Officer
Gerk
Orillia Public Library Board
Chair
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Orillia Public Library Board
Secretary
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Ilr li/� u�Ihi
Orillia Public
Library