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2023-059 By-law to Authorize the Execution of a Contract between the Township of Oro-Medonte and the Midland Public Library Board for a term of one year and to repeal by-law no. 2022-046The Corporation of the Township Of Oro-Medonte By-law No. 2023-059 A By-law to Authorize the Execution of a Contract between The Township of Oro-Medonte and The Midland Public Library Board For a Term of One Year And to Repeal By-law No. 2022-046 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 Midland 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 Midland Public Library Board, said agreement attached hereto as Schedule "A" and forming part of this by-law. 2. That By-law No. 2022-046 is hereby repealed. 3.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 12 day of July, 2023. The Corporation of the Township of Oro-Medonte yor, Randy Greenlaw CIe Yvonne Aubichon BETWEEN AND Schedule A to By -Law No. 2023-059 LIBRARY SERVICES AGREEMENT This agreement made in duplicate this rig Day of , 2023 MIDLAND PUBLIC LIBRARY BOARD, in the Town of Midland THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE, In the County of Simcoe WHEREAS the Midland Public Library Board has agreed to provide library service to residents and taxpayers of the Township of Oro-Medonte, THEREFORE it is mutually understood and agreed that The Corporation of the Township of Oro-Medonte will pay Midland Public Library Board the sum of $5968.00 for library service for Oro-Medonte residents and taxpayers for the year 2023. ayor, Oro-Medonte Randy Greenlaw Cler Yvon ro-Medonte Aubichon % Z flu Day of Gc_(rl eelir; Midland Public Library PjjW1 WeiSkq,r Treasurer, Midland Public Library Patricia (Trish) Hayes , 2023 CONTRACT FOR LIBRARY SERVICE 2023 between MIDLAND PUBLIC LIBRARY BOARD 320 King St, Midland, ON L4R 3M6 ("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 $5968.00 annually for library service for Oro-Medonte Township residents and taxpayers for the period beginning January 1, 2023 and ending December 31, 2023 3.2 Payments shall be made to the Midland Public Library on receipt of the invoice. 4.0 Municipal Representation on the Midland 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. 5.0 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. 5.3 The Public Library shall send Board Meeting Agendas and approved Board Meeting Minutes to the Township. 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 Toss, 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 willful 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.