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Res 1390 - CCRLS COUNCIL BILL NO. 1762 RESOLUTION NO. 1390 A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH CHEMEKETA COMMUNITY COLLEGE FOR PARTICIPATION IN THE CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE (CCRLS) AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the City has, for a number of years, participated in the Chemeketa Cooperative Regional Library Service (CCRLS); and WHEREAS, participation in CCRLS enables city residents to have access to free reciprocal borrowing privileges and the use of an automated library system involving other participating libraries; and WHEREAS, it IS In the interest of the city to continue this service; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1, That the Mayor is authorized to execute an intergovernmental agreement with Chemeketa Community College for participation in the Chemeketa Cooperative Regional Library Service (CCRLS), Section 2. That a copy of said agreement is attached hereto and, by this reference, is incorporated herein. t'Y r'1'vq- ,~ 11- 7 - l' b Approved as to form: L- City Attorney Date APPROVED: -, / L---'7. . ...,' A~/ ~ ~.' .,.,/ , ------:, ./.-- ~-Y7~./~' .. A'./ ,_..<'..-?-~ I / / Nancy A KWksey, Mayor / / Page 1 - COUNCIL BILL NO, 1762 RESOLUTION NO, 1390 - -,- ~-""'~"-""'~'~'---~--'--'~- "--,~,-",,..~...~.., 1 -, Passed by the Council November 13, 1996 Submitted to the Mayor November 14. 1996 November 14, 1996 Approved by the Mayor Filed in the Office of the Recorder l!1 ---:--- ATTEST: ~: ~+ Mary Tenna I City Recorder City of Woodburn, Oregon November 14, 1996 Page 2 - COUNCIL BILL NO. 1762 RESOLUTION NO, 1390 -...".......-.......----,.....-.,... 1 CONTRACT NUMBER #089 - 97 INTERGOVERNMENTAL AGREEMENT j1/ ,,0'40\ b-4" This agreement is made and entered into the 13th day of Gctober, 1996, by and between CHEMEKETA COMMUNITY COLLEGE hereinafter called COLLEGE and WOODBURN, OREGON, an Oregon municipal corporation, hereinafter called the CITY, WITNESSETH: The purpose of this agreement is to provide for the participation of the library of CITY OF WOODBURN in the CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE (CCRLS) under the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual obligations and benefits herein set forth: 1.0. TERM AND TERMINATION 1.1 Parties agree that the term of this agreement shall be from July 1, 1996 through June 30, 1997 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, 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 1 l .,... "'....'''''.,.;~~^'''_.,..."..,_..................~----,......__.~....~ appropriate for purchase under this agreement or are no longer eligible for the funding proposed for payments authorized by this agreement. 1.4,3 If any license or certificate required by law or regulation to be held by CITY to provide the services required by this agreement is for any reason denied, revoked or not renewed. 1.5 Either party may terminate this agreement upon the other's material breach of any of its terms, by giving written notice to the party in breach at least 60 days in advance of the effective date of termination. Cure of the breach by the party in breach within the 60 day period shall void the notice of termination. 1,6 This agreement, and 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 paragraph 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 either 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 The COLLEGE will make the following payments to the CITY as compensation for the CITY providing nonresident library service for the residents of the COLLEGE District. Payments in 1996-97 shall be based on circulation and renewals of CITY materials as counted by the CCRLS automated integrated library system. CITY shall be reimbursed for each circulation and renewal of its materials to district residents outside its CITY boundaries, but within the COLLEGE district. Of the $588,300.00 designated for reimbursement among CCRLS libraries in 1996-97, $147,075.00 shall be paid each quarter. CITY'S share of each quarter's reimbursement shall be computed based upon its 2 -r percentage of the total circulations and renewals made that quarter by CCRLS libraries to district residents, 3.0 RESPONSIBILITIES OF COLLEGE 3.1 Under the terms of this agreement the COLLEGE shall: 3,1.1 Provide for the fiscal and administrative management of the Service. 3.1.2 Maintain the following: a. The Chemeketa Regional Library Advisory Committee hereinafter referred to as the CCRLS Advisory Committee, through which recommendations on policies of the Service can be expressed, Exhibit "A" as attached included the present membership of the CCRLS Advisory Committee, b, An ongoing liaison with Polk, Yamhill and Marion Library Association (or their executive committee) through which recommendations on procedures 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 li~rary 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. 3 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 telecommunication networks used to communicate data from a remote site, nor does this agreement cover maintenance of telecommunication lines. e, COLLEGE, through CCRLS, shall acquire and furnish to CITY certain necessary supplies, such as utilities, report forms, reserve notices, bar codes, 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 shall enforce rules and standards for use of automated system by participating libraries, CITY shall enter, retrieve, modify, and delete data in and from automated system in accordance with those rules and standards. As part of the obligation to provide for service, support and maintenance, COLLEGE shall maintain agreements for hardware maintenance and software support with AMERITECH LIBRARY SERVICE. CCRLS shall provide reasonable approved maintenance and support for automated system hardware and software not provided by AMERITECH LIBRARY 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 4 r 0" ',._.....,~._~...~.,~,""""-'""'...,.,.,..",....;",~,;,.'-'-....~__.__"'"~__~.... ~. r 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 with the CCRLS staff person responsible for automation system operations, i. 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 HVAC maintenance. k. COLL,EGE 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 unforseen 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. 5 I. 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 Committee, n. COLLEGE shall provide free reciprocal borrowing privileges to patrons of the service, subject to the existing rules and procedures of the COLLEGE library, o. COLLEGE shall provide a monthly accounting and quarterly reporting of expenditures under this program to the CCRLS Advisory Committee. 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 Provide free borrowing privileges to card holding residents of the College District subject to the existing rules and procedures of the CITY library. 4.1.2 Provide non-resident library cards or borrowing privileges free of charge to residents of the CCRLS district upon application and consistent with 6 " ".''',.,_.,._,.........~._.__...~"_.,'-._~''-.~~.,_.,~~~~. CITY's regulation and policies applicable to residents of CITY; provided, however that CITY shall not be obligated to provide cards or borrowing privileges free of charge to residents of the City of Keizer. CITY may charge Keizer residents for library use and card privileges provided that the cost does not exceed $25 per household without prior written approval of COLLEGE. 4.1.3 Provide reference and information services to patrons of the participating libraries of the CCRLS District in cooperation with the College and other participating libraries. The cost of such service shall not exceed the adopted CCRLS budget inclusive of personnel costs, telephone, FAX, external database search, copy machine, reference materials, and associated expenses. 4,1.4 Provide for the regular participation of the library director in meetings of the Polk, Yamhill and Marion Library Association and as may be necessary in meetings of the CCRLS Advisory Committee, Regular participation shall be defined as attendance at six (6) PYM Association meetings, Attendance at the September meeting of the PYM Association is mandatory for the CITY library director. 4.1,5 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, 4.1,6 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 Y"ith 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. 4.1.7 Prepare, provide, and maintain the furniture and physical location for 7 r 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 of the 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 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 ~6.3, 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 8 r 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: Nancy A. Kirksey Mayor-City of WOODBURN 270 Montgomery Street WOODBURN, Oregon 97071 (503)982-5222 H, Philip Barth Director-Business Services p, 0, Box 14007, Salem, Oregon 97309-7070 (503)399-5079 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 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. 9 .-r FOR THE CITY OF WOODBURN: Signature Nancy A. Kirksey Mayor-City of WOODBUR ~'7 '? November 13, 1996 Date APPROVED: Linda Sprauer Library Director ."'....T." FOR CHEMEKETA COMMUNITY COLLEGE: ,114+ d~ Signature . H. Philip Barth Director of Business Services Date 10 CHEMEKETA COOPERATIVE REGIONAL LIBRARY SERVICE Advisory Committee 1996 - 1997 Ellen D. Levine, Chair Marion County Lay Member 4039 Oakman Street S. Salem, OR 97302 term expires: 6/30/97 (b)399-5239 (h)371-3974 Bradley Smith, Vice Chair Yamhill County Lay Member 2725 Leathers Lane McMinnville, OR 97128 term expires: 6/30/97 (b )864-2273 (h)472-6401 Margaret Barnes Director, Dallas Public Library 950 Main Street Dallas, OR 97338 (b )623-2633 term expires: 6/30/98 Phyllis Bauer Marion County Lay Member 1190 Randolph Road Woodburn, OR 97071 (h)981-0907 term expires: 6/30/99 Sue Buel Yamhill County Lay Member 20625 S.W. Highway 18 McMinnville, OR 97128 (h)843-2009 term expires: 6/30/98 Linda Cochrane, CCRLS Coordinator Director, Chemeketa College Library 4000 Lancaster Drive/P. O. Box 14007 Salem, OR 97309-7070 (b)399-5105 George Happ Director, Salem Public Library 585 Liberty Street S.E.lP.O. Box 14810 Salem, OR 97309 (b)588-6071 Harvey Jobe Polk County Lay Member 414 Stadium Dr. S. Monmouth, OR 97361 term expires: 6/30/98 (b )838-0480 (h)838-5768 1 Kevin G, Marshall Polk County Lay Member 1048 S, W. Clay Street Dallas, OR 97338 -- term expires: 6/30/99 (h)623-5081 Linda Sprauer Director, Woodburn Public Library 280 Garfield Street Woodburn, OR 97071 term expires: 6/30/97 (b )982-5259 (h)981-6011 Anne Van Sickle Director, McMinnville Public Library 225 North Adams (b)434-7433 McMinnville, OR 97128 (h)434-1590 term expires: 6/30/99 Ex Officio Members Joanne Aebischer Automated Systems Coordinator Chemeketa Community College 4000 Lancaster Drive/P, 0, Box 14007 Salem, OR 97309-7070 (b)399-5202 Mary Ginnane, Admin. of Library Dev, Oregon State Library State Library Building Salem, OR 97310 (b)378-2112 Sharman Gerdes, PYM Chair Director, Monmouth Public Library 168 S. Ecols Stre~t Monmouth, OR 97361 Bob Wells, Assistant City Manager City of Salem 555 Liberty Street S. E. Salem, OR 97301 (b)588-6255 Secretary Eileen Buyserie Chemeketa Community College P. O. Box 14007 Salem, OR 97309 (b )399-5039 Revised 9/4/96 -'" .,... ""-'-'~-~'-'~---"'""~"""'."""'~.--~;.;-'"~"---'''''' ... '~""""""""""'''''''''''''''''-'--'I'-_", ."",_..,.."