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HomeMy WebLinkAboutAgenda - 05-17-2011- 5sORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 17, 2011 Action Agenda Item No. 5 - s SUBJECT: Hyconeechee Regional Library Contract Renewal and Agreement Renewal of Term for Professional Services of Hyconeechee Regional Library System Director DEPARTMENT: Library PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1) Hyconeechee Regional Library Services Contract Renewal 2) Professional Services Agreement for Library Services Director INFORMATION CONTACT: Lucinda Munger, (919) 245-2528 PURPOSE: To renew the final annual contract with the Hyconeechee Regional Library System (HRLS) that establishes operational and financial responsibilities for coordinating library services among the counties of Caswell, Orange, and Person; and to approve the renewal of the Agreement between the Hyconeechee Regional Library System and Orange County to provide professional services for a Hyconeechee Regional Library System Director. BACKGROUND: The HRLS was first organized under the North Carolina General Statutes in 1949 to provide for the administration of library services within the region. Due to the changes in the Administrative Rules and Regulations for regional libraries governed by the State Library of North Carolina, the Hyconeechee Regional Library Board of Trustees has voted unanimously to move forward with the dissolution of the Region and begin the transition to three (3) independent county library systems. On May 2 the Person and Caswell County Boards of Commissioners voted to approve the Dissolution Plan of the Hyconeechee Regional Library system. In a separate item on tonight's (May 17) agenda, the BOCC is considering approval of the Dissolution Plan. According to the agreements, HRLS will continue to function as a governing board to administer the region in FY 2011-12 while the transition phase is initiated. This one year transition makes the renewal of the contracts for library services necessary for the next fiscal year. The annual contract specifies the roles and responsibilities under which HRLS business affairs are conducted. The Orange County Financial Services Director serves as Fiscal Agent and the Orange County Library is designated as the regional system headquarters. There are no changes in content or language in the contract renewal for FY2011-12. 2 On June 2, 2010 the BOCC approved an Agreement with the HRLS to provide the professional services of the Orange County Library Director as the Director of the HRLS until June 30, 2011. Included in the terms of that Agreement was an option to renew the Agreement for a period of one year "at the discretion of the Parties" on or before July 1, 2011. The HRLS is requesting that the BOCC authorize the Agreement to be extended for a period of one year, ending June 30, 2012. FINANCIAL IMPACT: State aid funds anticipated for Orange County in the amount of $106, 966 in 2011-12 are the source of funding under which the regional office responsibilities are conducted. The HRLS will pay Orange County $650 per month or $7,800 annually for the services of the HRLS Director. This does not reflect an increase in payment from FY2010-11. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the Chair to sign: 1) the annual contract establishing the operational and financial responsibility for coordinating library services between Orange, Person, and Caswell counties, and 2) the renewal of terms of the Agreement between Hyconeechee Regional Library System and Orange County to provide professional services for a HRLS Director for a one year period ending June 30, 2012. 3 ~C'cX ~?~~ ~, ~~~~ ~ ~ o U ~ ~ ~ o~~ ~~~ ~o~~e ~ ~~~t~~ ogional Hyconeechee Regional Library System P.O. Box 8181 Hillsborough, NC 27278 (919) 245-2528 CONTRACT This CONTRACT, made this the 1St day of July, 2011 is by and between the Hyconeechee Regional Library System, herein after referred to as the (Regional System), and the Counties of Orange, Person and Caswell (Counties); WITNESSETH: WHEREAS, The Regional System is organized within the framework of the North Carolina General Statutes, Chapter 160A, Article 20, Part 1 and, WHEREAS, the purpose of the original Regional System is to provide for the administration of library services within the region which consists of the Counties of Orange, Person, and Caswell and; WHEREAS, The Regional System desires to have the libraries currently operating within the Regional System to function as County departments within the county of location of each respective library and, WHEREAS, the Counties- of Orange, Person and Caswell have expressed a willingness to allow the libraries to function as County departments; NOW, THEREFORE, in consideration of the mutual promises and convenants contained herein, the Regional System and the Counties of Orange, Person and Caswell agree as follows: 1. Purpose- This contract is to provide for the operation of each library located in the system as a department of the County of location and to provide for the assignment of fiscal management functions related to the Regional System's assets to the Orange County Financial Services Director. 4 2. Responsibilities of the Regional System -The Regional System will remain organized with the statutory framework referred to above and it shall be the duty of the Regional System to: A. Maintain a Board of Directors consisting of nine (9) members with three representatives from each participating County. B. Meet at least once per quarter and conduct special meetings as required for transaction of Regional System business. C. Designate the Orange County Library as the Regional System Headquarters and the Orange County Financial Services Director as Regional System's Fiscal Agent. D. Adopt an annual balanced budget no later than May 31St for all regional funds received from-North Carolina Department of Cultural Resources and for all other grants and/or donations received from agencies or individuals for Regional System purposes. This budget must include appropriations to each County within the region for library operations. The County appropriations will be divided by three and disbursed evenly. Regional expenses such as personnel, operations and fiscal service fees, will be charged back evenly to each County. Funds appropriated to the Counties cannot be reduced without the approval of the Boards of Commissioners for each County. E. Insure that all regional reporting requirements to the State and Federal governments, as well as, any and all other grantors are met. F. Insure that all existing and future Regional System materials and assets are made available for use throughout the region. 3. Responsibilities of the Counties - It shall be the duty of the County to: A. Operate the libraries under the same rules, regulations, ordinances and any and all other procedures under which the departments of the Counties are required to operate. 5 3. Responsibilities of the Counties -Continued B. Insure that all Library employees are treated as employees of the respective Counties and receive compensation and benefits packages accordingly. C. Prepare quarterly reports for the Regional System to include information pertinent to library operations and expenditure of regionally appropriated funds and make all library records available for inspection by the Regional System or its respective at all reasonable times. D. Insure that disbursements made on behalf of the libraries from State, Federal and other restrictive sources are in accordance with all required provisions. 4. Responsibilities of the Fiscal Agent and Financial Officer -The Fiscal Agent and Financial Officer for the Regional System will be the Finance Director of Orange County and it shall be his or her duty to: A. Provide accountability for the Regional System's financial assets in accordance with generally accepted accounting principles and the Local Government Budget and Fiscal Control Act. B. Receive, deposit, disburse and invest the Regional System's funds in accordance with the guidelines contained in section 4-A above. C. Prepare monthly financial statements for the Regional System and present these statements to the Regional Director. D. Insure that Regional System funds are audited annually as required within the guidelines contained in Section 4-A above. E. Insure that all fiscal reports required by grantor agencies are prepared and submitted on a timely basis. 6 5. Term, Termination and Renewal -This Contract is for the period July 1, 2011 through June 30, 2012. This Contract may be terminated by either party with six months notice prior to June 30. Caswell County Commissioner Person County Commissioner Orange County Commissioner Date Date Date 7 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 17th day of May, 2011 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, 2010, 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. TIZe 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 8 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, 2012. 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 parry 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 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 9 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 FOR AND ON BEHALF OF THE COUNTY OF ORANGE HYCONEECHEE REGIONAL LIBRARY SYSTEM Bernadette Pelissier, Chair Betsy Watlington, Chair Orange County Board of County Commissioners Hyconeechee Regional Library System Date Date Hyconeechee Regional Library System Director Professional Service Agreement Page 3 of 3