Loading...
HomeMy WebLinkAboutAgenda - 05-05-2009 - 4sORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 5, 2009 Action Agenda Item No. ~{ - S SUBJECT: Professional Services Agreement for Hyconeechee Regional Library System Executive Director DEPARTMENT: County Manager's Office PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Proposed Agreement INFORMATION CONTACT: Gwen Harvey, Asst. County Manager, 245-2307 Michael McGinnis, Human Resources Director, 245-2552 PURPOSE: To approve a proposed agreement between the Hyconeechee Regional Library System (HRLS) and Orange County to provide the professional services of the Orange County Library Services Director to the Hyconeechee Regional Library System. BACKGROUND: The HRLS is comprised of libraries in Orange, Person and Caswell counties. Orange County has entered into an Agreement with Person and Caswell counties designating Orange County as the Regional Library System Headquarters and the Regional Library System Fiscal Agent. Under regulations regarding eligibility to receive State Aid to Libraries, the HRLS must employ the services of a library director having or eligible for North Carolina public librarian certification. Historically this requirement .has been met by the HRLS Board of Directors engaging the professional services of the Orange County Library Services Director. The duties of the Executive Director of the HRLS have been performed concurrently with the duties of the Orange County Library Services Director with associated costs provided through State Aid appropriations. The Hyconeechee Regional Library Services Board of Directors has voted to continue to use the services of the Orange County Library Services Director and the County Manager has agreed. This Agreement is effective upon signature and terminates on June 30, 2009 to coincide with the term of the Hyconeechee Regional Library Services Contract. This Agreement may be renewed for one year at the discretion of both parties. The proposed agreement has been prepared and reviewed by the Staff Attorney. FINANCIAL IMPACT: The Hyconeechee Regional Library Services System will pay $650 per month, which is the equivalent of $7,800 annually, for the professional services of the Orange County Library Services Director. RECOMMENDATION(S): The Manager recommends the Board approve the proposed agreement and authorize the Chair to sign. a AGREEMENT BETWEEN HYCONEECHEE REGIONAL LIBRARY SYSTEM AND ORANGE COUNTY TO PROVIDE PROFESSIONAL SERVICES FOR A HYCONEECHEE REGIONAL LIBRARY SYSTEM DIRECTOR This AGREEMENT, entered into on this the 5th day of May, 2009 by and between the Hyconeechee Regional Library System, herein after referred to as the (Regional Library System), and the County of Orange to provide administrative professional services, as the Executive Director, to the Hyconeechee Regional Library System by the Orange County Library Services Director. WITNESSETH: WHEREAS, the Regional Library System is organized within the framework of the North Carolina General Statutes, Chapter 160A, Article 20, Part 1; and WHEREAS, the Counties of Orange, Person and Caswell have entered into an Agreement to provide for a Regional Library System, the last of which is dated July 1, 2008, the purpose of which is to provide access to information and ideals for the residents of Caswell, Orange and Person Counties and to administer library services within the region; and WHEREAS, the Regional Library System has libraries currently operating within the Regional Library System that function as County departments within each respective County; and WHEREAS, the Regional Library System is governed by Hyconeechee Regional Library System Board of Directors ("the Board"); and WHEREAS, the Board of Directors is empowered by the Hyconeechee Regional Library System Bylaws to appoint an Executive Director to provide administrative services to the Regional Library System; and WHEREAS, the Board of Directors desires to enter into an Agreement with Orange County to provide the Regional Library System with the professional services of the Orange County Library Services Director; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Regional Library System and the County of Orange, agree as follows: 1. The Hyconeechee Regional Library Services Executive Director is the principal staff of the Regional Library System. 2. Orange County agrees to provide the following professional services to the Regional Library System: a. The Orange County Library Services Director ("the Director"), an Orange County employee, shall serve as the Regional Library System Executive Director. b. The Director shall be responsible for the operation of the Regional Library System in the pursuit of its purposes, the supervision of employed staff and the general management of the affairs of the Regional Library System. Hyconeechee Regional Library System Director Professional Service Agreement Page 1 of 3 3 c. The Director shall have responsibility to authorize purchases and otherwise commit the Regional Library System in its regional operations within the budget adopted by the Board. d. The Director may sign contracts and other instruments on behalf of the Regional Library System when authorized to do so by the Board. e. The Director shall serve as Secretary to the Board which includes, but is not limited to: arranging for the recording, transcription and maintenance of Board meeting minutes; drafting the correspondence of the Board; providing notice of Board meetings and other duties as necessary. f. The Director shall have the authority to employ and terminate such other personnel as may be required to conduct the activities of the Regional Library System. Positions shall be approved and authorized by the Board. g. The Director shall insure that all employees are treated as employees of the respective Counties and that the employees receive compensation and benefit packages accordingly. 3. The Hyconeechee Regional Library System agrees as follows: a. The Board will compensate Orange County for the professional services of the Orange County Library Services Director in the amount of $650 per month, which. is the equivalent of $7800 on an annual basis. b. The Board will conduct an annual Performance Review of the Regional Library System Services Executive Director. 4. Term and Renewal. This Agreement will begin upon execution of this Agreement and terminate on June 30, 2009. This Agreement may be renewed at the discretion of the Parties on or before July 1, 2009, for a one year period ending June 30, 2010. 5. Termination. This Agreement may be terminated at anytime without penalty by either party upon delivery of written notice of termination furnished to the other party at least 30 days (30) prior to termination. In the event of such termination, any payment due shall be prorated to the date of termination. 6. Compensation for professional services will be reviewed on an annual basis. Any changes to compensation will commence at the start of the Regional Library System's fiscal year July 1St, with the first review to begin on or before July 1, 2010. 7. OSHA Compliance. Orange County controls the facilities where the Orange County Library Services Director works. It is agreed Orange County is primarily responsible for compliance with the Occupational Safety and Health Act (OSHA) and comparable state laws and regulations to the .extent those laws apply to the Orange County Library Services Director. Hyconeechee Regional Library System Director Professional Service Agreement Page 2 of 3 I 8. Workers Compensation. Orange County shall provide workers' compensation for the Orange County Library Services Director. The parties agree to immediately notify each other of any injury or accident or any claim for workers' compensation benefits involving the Orange County Library Services Director. 9. EEO Compliance. The Orange County Library Services Director is an employee of Orange County and is covered by all applicable federal and state laws with all rights and privileges provided to them by law. The Regional Library System and Orange County affirm they are equal employment opportunity employers and are in full compliance with any and all applicable anti-discrimination laws, rules, and regulations. Both parties agree to comply with Title VI and Title VII of the Civil rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and its amendments, and any other applicable Civil Rights laws and requirements imposed by state and federal regulations, rules, and guidelines issued pursuant to these titles or other laws for both personnel employed and individuals served. 10. Independent Contractor. The services which Orange County shall render under this Agreement shall be as an independent contractor with respect to the Regional Library System. Nothing contained in this Agreement shall be construed to create the relationship of principal and agent, or employer and employee, between Regional Library System, the Orange County Library Services Director, and Orange County. 11. This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified except by an agreement in writing executed by the duly authorized officials of both parties. 12. The laws of the State of North Carolina shall govern the validity and interpretation of the provisions, terms, and conditions of this Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities on the day and year listed below. FOR AND ON BEHALF OF THE COUNTY OF ORANGE Valerie P. Foushee, Chair Orange County Board of County Commissioners Date FOR AND ON BEHALF OF HYCONEECHEE REGIONAL LIBRARY SYSTEM a- Printed Name, Chair Hyconeechee Regional Library System o~~g/~~o9 Date Hyconeechee Regional Library System Director Professional Service Agreement Page 3 of 3 P~ s~slo~- ~s AGREEMENT BETWEEN HYCONEECHEE REGIONAL LIBRARY SYSTEM AND ORANGE COUNTY TO PROVIDE PROFESSIONAL SERVICES FOR A HYCONEECHEE REGIONAL LIBRARY SYSTEM DIRECTOR This AGREEMENT, entered into on this the 5th day of May, 2009 by and between the Hyconeechee Regional Library System, herein after referred to as the (Regional Library System), and the County of Orange to provide administrative professional services, as the Executive Director, to the Hyconeechee Regional Library System by the Orange County Library Services Director. WITNESSETH: WHEREAS, the Regional Library System is organized within the framework of the North Carolina General Statutes, Chapter 160A, Article 20, Part 1; and WHEREAS, the Counties of Orange, Person and Caswell have entered into an Agreement to provide for a Regional Library System, the last of which is dated July 1, 2008, the purpose of which is to provide access to information and ideals for the residents of Caswell, Orange and Person Counties and to administer library services within the region; and WHEREAS, the Regional Library System has libraries currently operating within the Regional Library System that function as County departments within each respective County; and WHEREAS, the Regional Library System is governed by Hyconeechee Regional Library System Board of Directors ("the Board"); and WHEREAS, the Board of Directors is empowered by the Hyconeechee Regional Library System Bylaws to appoint an Executive Director to provide administrative services to the Regional Library System; and WHEREAS, the Board of Directors desires to enter into an Agreement with Orange County to provide the Regional Library .System with the professional services of the Orange County Library Services Director; and NOW, THEREFORE, in consideration of the mutual promises-and covenants contained herein, the Regional Library System and the County of Orange, agree as follows: 1. The Hyconeechee Regional Library Services Executive Director is the principal staff of the Regional Library System. 2. Orange County agrees to provide the following professional services to the Regional Library System: a. The Orange County Library Services Director ("the Director"), an Orange County employee, shall serve as the Regional Library System Executive Director. b. The Director shall be responsible for the operation of the Regional Library System in the pursuit of its purposes, the supervision of employed staff and the general management of the affairs of the Regional Library System. Hyconeechee Regional Library System Director Professional Service Agreement Page 1 of 3 c. The Director shall have responsibility to authorize purchases and otherwise commit the Regional Library System in its regional operations within the budget adopted by the Board. d. The Director may sign contracts and other instruments on behalf of the Regional Library System when authorized to do so by the Board. e. The Director shall serve as Secretary to the Board which includes, but is not limited to: arranging for the recording, transcription and maintenance of Board meeting minutes; drafting the correspondence of the Board; providing notice of Board meetings and other duties as necessary. f. The Director shall have the authority to employ and terminate such other personnel as may be required to conduct the activities of the Regional Library System. Positions shall be approved and authorized by the Board. g. The Director shall insure that all employees are treated as employees of the respective Counties and that the employees receive compensation and benefit packages accordingly. 3. The Hyconeechee Regional Library System agrees as follows: a. The Board will compensate Orange County for the professional services of the Orange County Library Services Director in the amount of $650 per month, which is the equivalent of $7800 on an annual basis. b. The Board will conduct an annual Performance Review of the Regional Library System Services Executive Director. 4. Term and Renewal. This Agreement will begin upon execution of this Agreement and terminate on June 30, 2009. This Agreement may be renewed at the discretion of the Parties on or before July 1, 2009, for a one year period ending June 30, 2010. 5. Termination. This Agreement may be terminated at anytime without penalty by either party upon delivery of written notice of termination furnished to the other party at least 30 days (30) prior to termination. In the event of such termination, any payment due shall be prorated to the date of termination. 6. Compensation for professional services will be reviewed on an annual basis. Any changes to compensation will commence at the start of the Regional Library System's fiscal year July 1St, with the first review to begin on or before July 1, 2010. 7. OSHA Compliance. Orange County controls the facilities where the Orange County Library Services Director works. It is agreed Orange County is primarily responsible for compliance with the Occupational Safety and Health Act (OSHA) and comparable state laws and regulations to the extent those laws apply to the Orange County Library Services Director. Hyconeechee Regional Library System Director Professional Service Agreement Page 2 of 3 8. Workers Compensation. Orange County shall provide workers' compensation for the Orange County Library Services Director. The parties agree to immediately notify each other of any injury or accident or any claim for workers' compensation benefits involving the Orange County Library Services Director. 9. EEO Compliance. The Orange County Library Services Director is an employee of Orange County and is covered by all applicable federal and state laws with all rights and privileges provided to them by law. The Regional Library System and Orange County affirm they are equal employment opportunity employers and are in full compliance with any and all applicable anti-discrimination laws, rules, and regulations. Both parties agree to comply with Title VI and Title VII of the Civil rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and its amendments, and any other applicable Civil Rights laws and requirements imposed by state and federal regulations, rules, and guidelines issued pursuant to these titles or other laws for both personnel employed and individuals served. 10. Independent Contractor. The services which Orange County shall render under this Agreement shall be as an independent contractor with respect to the Regional Library System. Nothing contained in this Agreement shall be construed to create the relationship of principal and agent, or employer and employee, between Regional Library System, the Orange County Library Services Director, and Orange County. 11. This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified except by an agreement in writing executed by the duly authorized officials of both parties. 12. The laws of the State of North Carolina shall govern the validity and interpretation of the provisions, terms, and conditions of this Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities on the day and year listed below. FOR AND ON BEHALF OF THE CO TY OF O GE Valerie P. Fous ee, hair Orange County Board of County Commissioners ~ ~~/coq Date FOR AND ON BEHALF OF HYCONEECHEE REGIONAL LIBRARY SYSTEM t a- Printed Name, Chair Hyconeechee Regional Library System o~~~g /~.~0 9 Date Hyconeechee Regional Library System Director Professional Service Agreement Page 3 of 3