2004-064 To Authorize the Execution of a Contract between the Township of Oro-Medonte and Orillia Public Library Board for a Term of Three Years and to Repeal By-law 2001-047
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2004-064
Being 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 Three Years
and to Repeal By-Law No. 2001-047
WHEREAS, the Public Libraries Act, R.5.0. 1990, Chapter P.44, 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 Corporation of the Township of Oro-Medonte
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.
That By-law No. 2001-047 is hereby repealed.
2.
3.
That this By-Law shall come into force and take effect on the final passing
thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 2nd DAY OF JUNE, 2004.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF JUNE,
2004.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Q.w~
Mafor, J. Neil Craig
Schedule' A' to
By-law No. 2004-064
CONTRACT FOR LIBRARY SERVICE
AGREEMENT
between
The Orillia Public Library Board
36 Mississaga Street West
Orillia, Ontario
L3V 3A6
(lithe Public Library Board")
and
The Township of Oro-Medonte
P.O. Box 100
Oro, Ontario
LOL 2XO
(lithe 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:
Borrow circulating books; and
(a)
(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)
b)
(c)
(d)
(e)
(f)
(g)
3.0 Cost:
Ensure that all materials are available for use outside the library except
those used frequently for reference service, and rare and fragile items;
Ensure circulation policies of greatest convenience to the user and
maximum use of materials;
Ensure that the selection of materials reflects the needs of the
community as defined in regular community analyses and needs studies;
Ensure that the information provided to public library users is accurate,'
up-to-date and is coordinated with other appropriate organizations;
Ensure that all library facilities are accessible as defined by the
standards of accessibility of the Ontario Building Code;
Provide resources, programs and services to meet defined community
needs;
Provide a telephone in each of their facilities in order to ensure user
access and maintain communication with other library systems.
The Municipality shall pay the Orillia Public Library Board the sum of: Eighty-
Five Thousand, One Hundred and Seventy Dollars ($85,170) for the year
2004; Eighty-Six Thousand, Eight Hundred and Seventy-Three Dollars
($86,873) for the year 2005; and Eighty-Eight Thousand, Six Hundred and Ten
Dollars ($88,610) for the year 2006.
3.1
3.2
Payments shall be quarterly on March 31, June 30, September 30, and
December 31.
2
4.0
4.1
5.0
5.1
5.2
6.0
6.1
6.2
7.0
7.1
8.0
8.1
Municipal Representation on the Orillia Public Library Board:
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.
Reports:
The Public Library Board shall submit an annual report to the Municipality.
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.
Limitation of Liability:
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.
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.
Cancellation:
Either the Municipality or the Public Library Board may terminate this
Agreement at any time upon six months of notice in writing.
Notices:
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
three years from the 1 st day of January 2004 to the 31 st day of December
2006.
12.0
Entire Contract:
12.1 This Agreement constitutes the entire Agreement between the parties. There
are no other agreements or understanding.
HE MUNICIPALITY (Seal)
Signing Officer
J. Neil Craig
Mayor,
DATE --Lf¿u l[
r~~Y
I
¡ I i
THE MU~CIPALITY (SeUal)
Signing Officer
Marilyn Pennycook
Clerk
C." . ~
~,~~l
THE PUBLIC LIBRARY BOARD
Chair
THE PU IC LIBRARY BOARD
Secretary
4