Res 1704 - CCRLS Agrmt
COUNCIL BILL NO. 2423
RESOLUTION NO. 1704
A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT
WITH CHEMEKETA COMMUNITY COLLEGE FOR PARTICIPATION IN THE
CHEMEKET A COOPERATIVE REGIONAL LIBRARY SERVICE (CCRLS) AND
AUTHORIZING THE MAYOR AND LIBRARY DIRECTOR TO SIGN SAID
AGREEMENT.
WHEREAS, the City has participated in the Chemeketa Cooperative Regional Library
Service (CCRLS) and the users of the Woodburn Library have benefited by this service; and
WHEREAS, the participation of the City in CCRLS has been governed by an
intergovernmental agreement with Chemeketa Community College pursuant to ORS Chapter
190; and
WHEREAS, this intergovernmental agreement has been recently updated to accurately
reflect the current relationship between the parties; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into Intergovernmental Agreement Number
19403, which is affixed hereto as Attachment "A" and is by this reference incorporated herein.
Section 2. That the Mayor and Library Director are hereby authorized to sign said
agreement on behalf of the City.
~~~ /\--'l~ / /- h - 2t:JO 2-
Approved as to form: ' (/ I. Y' V (/' ~
City Attorney Date
Approved:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
November 12. 2002
November 13, 2002
November 13, 2002
Filed in the Office of the Recorder
November 13, 2002
ATTEST: ---1!1 ~~""'*
Mary te t City Recorder
City of Wood bum, Oregon
Page 1 - Council Bill Number 2423
Resolution Number 1704
CHEMEKETA CmPERATIVE
REGIONAL LIBRARY
SERVICE
CHEMEKETA
COLLEGE
CONTRACT
#194 03
INTERGOVERNMENTAL AGREEMENT
This agreement is entereq into between CHEMEKETA COMMUNITY COLLEGE hereinafter
called COLLEGE and th($ CITY OF WOODBURN, OREGON, an Oregon municipal
corporation, hereafter called the CITY.
WITNESSETH:
The purpose of this agree1nent is to provide for the participation of the library of CITY in the
CHEMEKET A COOPEItA TIVE REGIONAL LffiRARY SERVICE (CCRLS) under the terms
and conditions set forth below.
NOW, THERFORE, in consideration of the mutual obligations and benefits herein set forth:
1.0. TERM AND TEltMINATION
1.1 Parties agree that the term of this agreement shall be from July 1,2002 through June 30,
2003 subject to the conditions for renewal and/or termination as provided herein.
1.2 Upon amendment of budgeted figures, this agreement shall be automatically renewed for
a period of one (1) year at its expiration unless agreement is terminated as provided
herein. Amendments shall be in writing.
1.3 This agreement may be terminated by mutual consent of both parties or by either party
upon 30 days notice in writing and delivered by mail or in person.
1.4 The College may terminate this agreement effective upon delivery of written notice to
CITY or at such time, under any of the following conditions:
1.4.1 If funding from federal, state, or other sources is not obtained or continued at
levels sufficient to allow for the purchase of the indicated quantity of services.
This agreement may be modified to accommodate a reduction in funds.
1.4.2 If federal or state regulations or guidelines are modified, changed, or interpreted
in such a way that the services are no longer allowable or appropriate for purchase
under this agreement or are no longer eligible for the funding proposed for
payments authorized by this agreement.
WOODBURN LIBRARY #19403
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CCRLS · P.O. Box 14007 · 4000 Lancaster Dr. . Salem, OR 97309-7090
1.4.3 If any license or certificate required by law or regulation to be held by CITY to
provide th~ services required by this agreement is for any reason denied, revoked
or not ren~ed.
1.5 Either party may t~rminate this agreement upon the other's material breach of any of its
terms, by giving 'Vritten notice to the party in breach at least 60 days in advance of the
effective date oft<trmination. Cure of the breach by the party in breach within the 60-day
period shall void the notice of termination.
1.6 This agreement, atld any subsequent renewal may be terminated by either party without
breach by the other upon giving written notice to the other party no later than May 1 of
any year. Termination shall be effective at midnight on the following June 30. It is the
intent of this para$faph that the parties recognize an obligation of good faith to create and
continue by virtue of this agreement and successive renewals, a long-term relationship.
1.7 In the event either party terminates this agreement, COLLEGE shall provide to CITY its
current bibliographic, borrower, and circulation records and databases in machine-
readable media and format.
1.8 Any such termination of this agreement shall be without prejudice to any obligations or
liabilities or eithet party already accrued prior to such termination.
1.9 In the event that the CCRLS activities of the COLLEGE should cease and the assets and
operations of CCRLS are not assumed by a successor providing equivalent service, then
all assets of the CCRLS Automated System shall be transferred to participating cities
without charge.
2.0 COMPENSATION
2.1 CITY will be compensated by COLLEGE in the amount of $46,997 as compensation for
the CITY providing nonresident library service for the residents of the COLLEGE
District. Payments shall be made in four equal installments of$II,749.25 at the end of
each quarter.
2.2 The COLLEGE shall pay the CITY for each net loan provided, i.e., the difference
between the number of CITY items loaned to and checked out in another library and the
number of items owned by other libraries borrowed and checked out by the CITY library.
Tabulation of net loans shall be provided by the CCRLS automated integrated library
system.
A budget of $45,000 shall be designated for this program for 2002-03 with $11,250
budgeted each quarter. The CITY shall be paid its pro rata share on a quarterly basis.
3.0 RESPONSIBILffIES OF COLLEGE
3.1 Under the terms of this agreement the COLLEGE shall:
WOODBURN LIBRARY #194 03
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3.1.1 Provide for the fiscal and administrative management of the Service.
3.1.2 Maintain the following:
a. The Chemeketa Cooperative Regional Library Advisory Council
her~inafter referred to as the CCRLS Advisory Council, through which
rec()mmendations on policies of the Service can be expressed. Exhibit
"A" as attached included the present membership of the CCRLS Advisory
Council.
b. An ongoing liaison with Polk, Yamhill and Marion Library Association
(or their executive committee) through which recommendations on
prQCedures and their implementation can be expressed.
3.1.3 Provide operation and maintenance of the CCRLS Automated System and related
databases, including:
a. COLLEGE, through CCRLS shall maintain bibliographic, circulation, and
borrower data in an automated database management system. Design,
applications, and enhancement of the automated system database
management system shall be subject to review by the Automation
Committee any proposed changes in design or operation of the system.
b. COLLEGE, through CCRLS, shall manage the CCRLS automated system
under the terms of this AGREEMENT and other applicable agreements
with vendors and participating library so that CITY has access to its
bibliographic, circulation, and borrower records during library business
hours, and at other times as agreed between the CITY Library Director
and the CCRLS Coordinator. The management responsibility for the
automated system includes the obligation of CCRLS to monitor and
evaluate entries for new materials and retrospective conversion of
cataloging of old materials in order to maintain the highest quality
bibliographic MARC database.
c. COLLEGE, through CCRLS, shall acquire and provide for effective
maintenance and support of all present and future central and remote
automated system equipment at its own expense; and provide for secure
installation and housing for automated system except such automated
system equipment as is acquired by CITY for installation at its library, or
as otherwise provided in ~6.3 of this agreement.
d. COLLEGE, through CCRLS, shall coordinate and assume cost for
installation of telecommunications equipment and lines at CITY's central
and branch libraries for use with automated system. Parties agree that
CCRLS does not control, and therefore cannot warrant, the
WOODBURN LIBRARY #194 03
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telecommunication networks used to communicate data from a remote
sit~, nor does this agreement cover maintenance of telecommunication
lines.
e. COLLEGE, through CCRLS, shall acquire and furnish to CITY certain
nel,':essary supplies, such as utilities, report forms, reserve notices, bar
coc;les, overdue notices, magnetic tapes, and other supplies except screen
printer paper and ribbons which may be required to provide the services of
automated system to CITY.
f. COLLEGE, through CCRLS, shall coordinate all service, support, and
maintenance necessary to the proper operation of automated system; and
sh..11 enforce rules and standards for use of automated system by
patticipating libraries. CITY shall enter, retrieve, modify, and delete data
in and from automated system in accordance with those rules and
st~dards. As part of the obligation to provide for service, support and
maintenance, COLLEGE shall maintain agreements for hardware
maintenance and software support with AMERITECH LffiRARY
SERVICE. CCRLS shall provide reasonable approved maintenance and
support for automated system hardware and software not provided by
AMERITECH LffiRARY SERVICE. CCRLS shall provide reasonable
prior notice to CITY when system operation must be suspended for
operational or maintenance requirements. CCRLS shall exercise its best
efforts to schedule such periods of suspension during hours when CITY's
libraries are closed. Except for suspension of operation for necessary
system maintenance or because security of the CCRLS automated system
database or software is compromised or damaged, CCRLS shall not "lock
out" CITY terminals from automated system. COLLEGE, through
CCRLS shall provide one or more dedicated telephone lines to serve the
system, and related telecommunication equipment as provided in the
agreement with the vendor for the automation system, and pay all related
installation, acquisition, maintenance, and use cost.
g. COLLEGE, through CCRLS, shall regularly backup CCRLS automated
system data and store the media containing such backup in a secure
facility. In the event of system malfunction or loss of data, CCRLS shall
promptly restore the most recently backed up date to the system once it is
again functioning. No liability is assumed by CCRLS if the automated
system experiences down time.
h. COLLEGE, through CCRLS, shall provide training for at least one CITY
staff person at any time the automated system operating systems or
procedures are changed, enhanced, or otherwise revised. CCRLS shall
provide up to date user manuals for CITY's staff. All other training of
CITY staff shall be the responsibility of CITY. CITY shall designate one
staff position responsible for coordinating training and operations matters
WOODBURN LIBRARY #194 03
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with the CCRLS staff person responsible for automation system
operations.
1. COLLEGE shall provide and maintain appropriate space for the central
computer facility serving CCRLS automated system.
J. COLLEGE shall provide for general maintenance and utilities to support
the CCRLS automated system. This obligation includes janitorial service,
maintenance painting as necessary, structural repairs, lighting and
electrical system maintenance, and HV AC maintenance.
k. COLLEGE shall, while in possession of the computer system hardware,
including peripheral devices, repair or replace as necessary any such items
which are lost, physically damaged, or destroyed as a result of fire, theft,
vandalism, or other sudden and unforeseen occurrence which would be a
peril insurable under a standard form electronic data processing property
insurance policy; provided that CITY shall have no obligation under this
paragraph with the acts of vandals gaining access to the computer system,
programs, or data tangible components of the system; and, provided
further, that CITY shall not be liable under this agreement for any
consequential damages incident to any loss covered under this section.
1. COLLEGE shall provide personnel for the operation of the system.
"Operation" includes: use of supplied software to generate reports,
notices, lists, and similar documents and files; preparation and mailing of
over due notices, hold notices, reports, billings, and other specified
documents produced for routine system operation by the vendor(s) of the
system and its installation, maintenance, or support of software, or the
maintenance, repair or replacement of hardware or firmware.
m. COLLEGE, through its governing board, retains final authority over the
policies and decisions relating to budget, operating procedures, system
design, participation by other libraries, and other like issues of a general
policy nature affecting their operation of CCRLS and automated system.
The board, however, shall not take such actions without the
recommendation of the CCRLS Advisory Council.
n. In serving card-holding CCRLS district nonresident patrons, COLLEGE
shall abide by each CITY's rules and procedures regarding borrowing
privileges. In no case shall card-holding residents of the CCRLS district
receive less than the basic level of service from COLLEGE.
o. COLLEGE shall provide a monthly accounting and quarterly reporting of
expenditures under this program to the CCRLS Advisory Council.
WOODBURN LIBRARY #194 03
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p. COLLEGE shall reimburse CITY for library materials borrowed by non-
residents under this AGREEMENT and not returned by the borrowers
within six months of due date. CITY hereby transfers and assigns all
interests in such materials, and all rights to unpaid overdue fines with
respect thereto to COLLEGE.
q. COLLEGE shall provide regular courier service between the participating
libraries.
4.0 RESPONSIBILITIES OF CITY
4.1 Under the terms of this agreement the CITY shall:
4.1.1 CITY will provide at least the basic level of service to nonresidents within the
COLLEGE District. Basic level of service is defined as one checkout and one
hold per person at a time, utilizing individual rather than household cards.
CITY shall provide free borrowing privileges to card holding residents of other
participating CCRLS cities (including Silver Falls District.)
In no case shall card-holding residents of the CCRLS district receive less than the
basic level of service from CITY.
CITY shall provide full-borrowing privileges for all currently registered
COLLEGE students who present a valid library card.
CITY shall notify each current non-resident cardholder within its geographic zone
at least 30 days prior to instituting a fee for service above the basic level. No
advance notification is necessary for fee increases.
4.1.2 Provide reference and information services to patrons of the participating libraries
of the CCRLS District in cooperation with the College and other participating
libraries.
4.1.3 Provide for the regular participation of the library director in meetings of the Polk,
Yamhill and Marion Library Association (PYM) and as may be necessary in
meetings of the CCRLS Advisory Council. Regular participation shall be defined
as attendance by the library director at each meeting, unless excused. CITY
library director's attendance at the September meeting of the PYM Association is
highly encouraged.
4.1.4 Assumes full responsibility for the accuracy of data at its entry into the
automation system database, and for updating that data accurately to reflect the
proper links to the material in its library. Such data includes, but is not limited to
Barcode number, library location, volume number, call number, copy number,
type of material, status, etc.
WOODBURN LIBRARY #194 03
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4.1.5 Take reasonable measures to protect equipment in CITY's possession from abuse,
theft, and misuse, CITY shall, while in possession of the computer system
hardware, including peripheral devices, repair or replace as necessary any such
items which are lost, physically damaged, or destroyed as a result of fire, theft,
vandalism or other sudden and unforeseen occurrence which would be a peril
insurable under a standard form electronic data processing property insurance
policy; provided that CITY shall have no obligation under this paragraph with
respect to loss resulting from defect in the computer system itself, or from the acts
of vandals gaining access to the computer system, programs. Or data through the
system's modem and not by the application of physical force to the tangible
components of the system; and, provided further, that the CITY shall not be liable
under this AGREEMENT for any consequential damages incident to any loss
under this section.
4.1.6 Prepare, provide, and maintain the furniture and physical location for installation
of automated system terminals and equipment in its library. This responsibility
includes cable installation, electrical power, and environment, all meeting
manufacturer and vendor specifications.
5.0 LIABILITY
5.1 Each party agrees to waive, forgive, acquit and discharge any and all claims it may
otherwise have against the other or the officers, employees and agents of the other, for or
resulting from damage to or loss provided, however, that this discharge and waiver shall
not apply to claims by one party against any officer, employee or agent of the other
arising from such person's malfeasance in office, willful or wanton neglect of duty, or
actions outside the course and scope of his or her official duties.
5.2 Each party shall insure or self-insure, and be independently responsible for, the risk of its
own liability for claims within the scope ofthe Oregon Tort Claims Act.
6.0 MISCELLANEOUS PROVISIONS
6.1 CITY performs under this contract as an independent contractor. Neither CITY nor its
officers, employees and agents engaged in operation of the system under this article are
agents of COLLEGE for any purpose.
6.2 City may request that CCRLS provide specialized reports not regularly generated by
automation system. CITY shall reimburse CCRLS for the cost of providing such special
reports.
6.3 City may purchase equipment and software to expand and enhance its own operations;
provided that such equipment and software is acceptable to CCRLS as compatible with
the automated system. CITY shall not connect or install any such equipment or software
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without the review and written approval of CCRLS after at least 90 days prior to notice
by CITY.
6.4 Except as to equipment and software purchased by CITY under 96.3, all automated
system hardware, software, and other capital equipment shall remain the property of
CCRLS, and CITY shall have no claim thereto other than the right to use thereof under
this AGREEMENT.
6.5 The parties agree that all circulation data, which would in any way identify a particular
library user or the materials borrowed by any user, are confidential and exempt from
disclosure under the Oregon Public Records Law. Each party shall refuse disclosure of
any and all such data unless ordered by the District Attorney.
7.0 AMENDMENTS
The terms of this agreement shall not be waived, altered, modified, changed,
supplemented or amended in any manner whatsoever except by written instrument signed
by the parties.
8.0 NOTICE
8.1 Any notice required to be given CITY under the agreement shall be sufficient if given in
writing to the CITY's Library Director.
8.2 Any notice required to be given COLLEGE under the agreement shall be sufficient if
given in writing to the COLLEGE's CCRLS Coordinator.
FOR THE CITY OF WOODBURN:
FOR THE COLLEGE:
Richard Jennings
Mayor-City of WOODBURN
270 Montgomery Street
WOODBURN, Oregon 97071
(503) 982-5222
Linda Cochrane
Coordinator-CCRLS
P. O. Box 14007
Salem, Oregon 97309-7070
(503) 399-5105
9.0 CONTACT PERSONS FOR THIS CONTRACT
Linda Sprauer
Woodburn Library Director
280 Garfield Street
Woodburn, Oregon 97071
(503) 982-5263
Linda Cochrane
Coordinator-CCRLS
P. O. Box 14007
Salem, Oregon 97309-7070
(503) 399-5105
WOODBURN LIBRARY #194 03
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"~__,_..' T ~
SIGNATURES
This contract and any changes, alterations, modifications, or amendments to it shall not be
effective until approved by the appropriate representative of the parties hereto.
In witness whereof, the parties hereto have caused this agreement to be executed on the date set
forth below.
FOR THE CITY OF WOODBURN:
FOR CHEMEKET A
COMMUNITY COLLEGE:
~~.~
Signature
Richard Jennings
Mayor-City of WOODBURN
Qmu ~{CiLvJk
Signature
Julie Huckestein
Director of Business Services
1/ //3/d-OOd-
{ (
Date
q//O) 0)
,
Date
APPROVED:
~h~~.-?~ ~
~er
Library Director
WOODBURN LIBRARY #194 03
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EXHIBIT A
CHEMEKET A COOPERATIVE REGIONAL LIBRARY SERVICE
2002-03 Council Members
James Fairchild, Chairperson
Polk County Lay Member
297 S. E. Ironwood
Dallas, OR 97338
Phone: (h) 503-623-2605
Cell: 503-315-1908
Internet: iamesbfair@aol.com
+T erm expires: 12/31/03
Marlys Swalboski
Medium Library Representative
Director - Silver Falls Library District
410 South Water Street
Silverton, OR 97381
Phone: (b)503-873-6513 FAX 503-873-6227
Internet: marlvss@ccrls.org
+Term expires: 6/30/04
Robert Dodge, Vice Chair
Yamhill County Lay Member
914 N. W. Sunnywood Court
McMinnville, OR 97128
Phone: (h) 503-472-5535
Internet: rdodge@onlinemac.com
+Term expires: 12/31/03
Kent Taylor
City Manager Representative
City Manager of McMinnville
230 E. Second Street
McMinnville, OR 97128
Phone: (b )503-434-7302
Internet: taylork@ci.mcminnvilIe.or.us
Laurie Baker
Small Library Representative
Director - Jefferson Public Library
128 N. Main Street/P. O. Box 1068
Jefferson, OR 97352
Phone: 541-327-3826
Internet: jeffpl@open.org
+Term expires: 6/30/03
Gail Warner
Large Library Representative
Director - Salem Public Library
585 Liberty Street S.E./P.O. Box 14810
Salem, OR 97309
Phone: (b)503-588-6071 FAX: 503-588-6055
Internet: gwamer@open.org
Claire Christiansen
Rural Lay Representative
14925 S. E. Alderman Road
Dayton, OR 97114
Phone: (h)503-868-7266
Internet: kcfilberts@hotmai1.com
+Term expires: 6/30/04
Donna Zehner
PYM Chair
Director - Dallas Public Library
950 Main Street
Dallas, OR 97338
Phone: (b )503-623-2633 FAX 503-623-7357
Internet: donna@ccrls.org
+Term expires: 6/30/03
Linda Cochrane
CCRLS Coordinator - Chemeketa College
4000 Lancaster Drive/P. O. Box 14007
Salem, OR 97309-7070
Phone: (b) 503-399-5105 FAX: 503-589-7628
Internet: coc1@chemeketa.edu
Ex Officio Members
Dave Galati, Executive Director
Mid- Willamette Council of Government
105 High Street S. E.
Salem, Oregon 97301-3667
Phone: (b) 503-588-6177 FAX: 503-588-6094
Internet: dgalati@open.org
Twyla Knowles
Marion County Lay Member
1480 Winter Street NE
Salem, OR 97303
Phone: (h) 503-585-4376
(w) 503-947-7805
+Term expires: 6/30/05
Recording Secretary
Eileen Buyserie, Secretary
4000 Lancaster Drive NE/P. O. Box 14007
Salem, OR 97309-7070
Phone: (b )503-399-5119 FAX: 503-589-7628
Internet: buve@chemeketa.edu
Rev. 7/02