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HomeMy WebLinkAbout2012-443 Library - MOU For Caswell, Person and Orange Counties for Future Library Services~ ~.Zl- / Z .~.J MEMORANDUM OF UNDERSTANDING This Memorandum of Agreement is hereby made and entered into by and between Caswell, Orange, and Person County, to continue selective library services of the Hyconeechee Regional Library Systems for the benefit of the residents of all three counties. WITNESSETH: Whereas, the Counties of Caswell, Orange, and Person entered into a joint agreement to provide Library Services through the Hyconeechee Regional Library System ("Regional Library"), according to the procedures and provisions of Chapter 160A, Article 20, Part 1 of the North Carolina General Sta.tutes as provided in the North Carolina General Sta.tutes 153A-270; and Whereas, the Hyconeechee Regional Library in addition to providing library services to the three counties also provided regional policy and priorities related to public library service, programming, collection development, materials selection, grant funds, regional budget approval, and appointment and evaluation of the regional library director, and all other functions not covered or controlled by the Counties; and Whereas, because over the years Caswell, Orange and Person Counties have developed into distinct library services areas that now require targeted, focused library services based on each county's unique population as determined by the 2009 Technology Planning Report commissioned by the Regional Board of Trustees; and Whereas, a recent change in the Administrative Rules and Regulations governing public libraries would increase costs to the Regional Library System; and Whereas, the North Carolina State Librarian recommended that in light of the changes to the Regional Library that it was in the best interest of the residents to have three independent library systems; and Whereas, the Hyconeechee Regional Library Board of Trustee on April 13, 2011 approved a resolution and transition plan to dissolve the Hyconeechee Regional Library, Incorporated effective, July l, 2012; and Whereas, in May 2011 all three County Board of Commissioners approved the Plan of Dissolution developed by the Hyconeechee Regional Library Board of Trustees and their intent to withdraw from the Regional Library on June 30, 2012, and Whereas, Caswell, Orange and Person Counties desire to enter into a Memorandum of Understanding to continue select library services for the benefit or a11 residents. NOW THEREFORE, do we, the Board of County Commissioners of Caswell, Orange and Person Counties hereby agree to the following: l. Migration Date. T'he Parties agree that migrarion of services from the Regional Library to the independent county library systems shall be completed by Apri130, 2013. 2. Transition Plan. The Parties will move from the Regional Library to independent county library systems in accordance with the Hyconeechee Regional Library System Plan of Dissolution approved by the County Boards in May 201 l, which is hereby incorporated by reference and attached herein as E~ibit A. a. Transfer of Assets i. Asset Purchase. Orange County shall purchase the Honda Civic Hybrid owned by the Regional Library at the fair market value as determined in Kelly's Blue Book (private party) as of May 31, 2012. The proceeds from the sale of the vehicle shall be divided among the three counties on an equal basis. ii. Remaining Assets. Any remaining assets sha11 be transferred as provided in E~ibit A. b. Integrated Library System ("ILS") - Polaris System. Each County shall migrate from the ILS as provided in Attachment B. c. Vendors. All vendor agreements sha11 end for the Regional Library System effective June 30, 2012. Each county library system sha11 directly negotiate with each vendor for individual county services after July 1, 2012. d. Debts. All remaining debts of the Regional Library System shall be paid as of June 30, 2012. Any debts remaining after June 30, 2012 shall be paid by three counties or pro-rata by the county or counties incurring such debts. 3. Failure to Transition Prior Migration Date. Any county not transitioning to an independent county library system by June 30, 2013 shall be responsible for any debts incurred as a result of its failure to migrate off the system. If one or more Counties fail to transfer to an independent system, each County that fails to transfer shall be responsible for its pro-rata cost incurred as a result of its failure to migrate to another system. 2 4. After Migration Date. T'he following Regional Library Services shall continue after the Migration Date. a. Each County agrees to provide FAQs to county residents based on mutually agreed upon library services. b. The Regional Librarian's contract will continue until June 30, 2013 or until full dissolution of the Regional Library System to complete any administrative matters. There will be no compensation associated with this contract extension. The Regional Librarian will provide notice to each County Manager of any substantive administrative matters. 5. New Services. Each independent county library for a period of five years beginning, July 1, 2012 through June 30, 2017 shall offer residents within the three counties a free library card. The period may be extended an additional five years by written agreement of each of the three Counties. 6. Compliance with Law. The Counties agree that their officers and employees shall be required to comply with all federal, state and local laws, regulations and policies in compliance with the performance of this Memorandum of Understanding. 7. Amendments. The Memorandum of Understanding may be modified or amended only by written amendments that are approved and signed on behalf of all the Counties. 8. Notices. All notice or other communications required or permitted by this Plan must be in writing, addressed as follows: For Caswell County Library Director 161 Main Street East Yanceyville, NC 27379 For Orange County Library Director 137 W. Margaret Lane Hillsborough, NC 27278 For Person County Library Director 319 S. Main Street Roxboro, NC 27573 9. No Third Party Beneficiaries. Nothing expressed or implied in this Memorandum of Understanding shall give any person other than the Counties any rights to enforce the provision of this MOU. T'here are no intended third-party beneficiaries. 10. Severability. If any provision of this Memorandum of Understanding shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this MOU. IN WITNESS WHEREOF, the parties have hereunto signed this Contract in their official capacities on the day and year listed below. CAS COUNTY ~ Nathaniel Hall, Chair Dat Caswell County Board of County Commissioners ORANGE COUNTY ~--~?e~"~ ~ 1 a3 ~ ~Z. Bernadette Pedissier, Chair Date Orange County Board of County Commissioners PERSON COUNTY ~ a~.4 / ~7 Ji m Clayt n, Chair Date Person County Board of County Commissioners 4 Attachment A Hyconeechee Regional Library System Plan of Dissolution HYCONEECHEE REGIONAL, LIBRARY SYSTEA~ DISSOLUTION VJtiereas, the Hyconeechee Regional Library was incoiporated under Chapter SSA of the North Caralina General Statutes a~~ November $, 1948 to estab[ish and maintain fi•ee puUlie libraries in the Counties of Orange, Person and Caswell for the use and the benefits of the genecal public; and VYhereas, in t 992, the Hyconeecl~ee Regional Library Board of Trustees and the gove~Yiing Uodies of OrAnge, Person and Caswell Coui~ties desired to provide an improved level of public services and established county iibraries as departments within each respective county to establish policies aud procedures reguiating procure~nent, persannel, accounting, h•avel, aiid facility maintenance activities thereby nffording each Local library tlie riglifs aud ~•espo~~sibiiities of department status withiu fheu• respective -county.;-and- ._ .._ ... . -- --- -- -. -- - - - - - -- -.. - _. .. _.. . - Whereas, the Orauge, Person and Caswell Counties entered into a joint contract with the Hyconeechee Regional Library to provide jo'vit services, aecording to the praceduces and provisions of Chapter 160A, Article 20, Part 1 of the North Carolina Ge~ieral Statutes as provided in the North Carolina General Statutes 153A-270; and Whereas, Hyconeechee Regional Library conEinned to receive and distribute to each Coui~ty all regional funds from the North Carolina Department of Cultura! Resources and other grants and or donations provided to the Regional Library Systein; and Whereas, in addition the Hyconeechee Regional Library retained tl~e functions of ~stabtishiug regional policy flnd priorities related to public library service, prograimniug, collection develop~nent, materials selectioii, grant funds, regional budget approval, anci appointment aud evaluation af the regionaf library director, and all other functions not covered or controlted by the Counties; And Whereas, over the years Orange, Person and Caswell Counties have developed into distinct library services areas that require targeted, focused library services based on eacl~ caunty's unique papulation, which h~s been substantiated by the 2009 Technology Planning Repoct commissioneci by the Regional Board of Trustees; and Whereas, a recent change in the Administrative Rules and Regulations governing public libraries would require increased costs to the Regional Library System that could he more ap~ropriately absorbed Uy County Departments; and Whereas, the North Carolina State Librarian inet with the Caunty Library Duector's and it was recommended tliat in light of the changes to the Regional Library System that it uiay be in the best interest of the residents to fiave tluee indepenclent library systems; a~ad 6 Whereas, tl~e Hyconeechee ,Regional Library Board of Trustees now believes that the residents of eacl~ couuty would benefit from three independeut library systems that could develop specific policies, procedures, cataiog, electronic resaurce offerings and long range strategic plaas that benefit each county's unique populations and allow for greater opportunity ta apply for state and federal grants based on each county's individual needs and demographics. I~IOW THEREFORE, we tlte Board of Trustees of the Hyconeechce Regional Library, Inwrporated pursuant to N.C. Gen. Stat. §SSA-14-02, do hereby vofe to dissolve the eorporation effective July I, 2012, conditioned upon the following: 1. That the Couuties of Orange, Person and Caswelf Board of County Counnissioners vote their iutent to withdraw fi•om the Hyconeechee Regional _ _-_Library-System_on-June-30,-20-1-2;-and- - ---- --- - -- .._ _ _-__ _ _ ... __ _. . _ ____ . __ 2. That the Plan of Dissolution (Attaclunent A) put forward by the Hyconeecliee Regional Library Board of Trustees is agreed upon by eacl~ County. NOW THEREFORE, we tlie Board of T-~stees of the Hyeoneechee Regional Library, Incorporated do agree that if the above stated conditions are inet, after wiuding up the corporation, we shall deliver to the North Carotina Secretary of State the Articles of Dissolution of the Hyconeecl~ee Regional Library Incorporated pursuant to N.C. Gen. Stat. §55A-I4-04. This the/~ day o/~~Oi l c. , Cliair, Boa of Trustees Hyconeechee Regional Library c. Titie vote of the Bo rd of Directors of the ycon echee Regional Library Board, Incoeporated t~place on~ da~.~r~~~~~ 2011. (S'~ Ayes _~No ~ Attachment B Outline of Polaris Services for 2012 - 2013 1. Billing a. Annual Maintenance for 7/1/2012 to 6/30/2013 i. In lanuary 2012, Hyconeechee Regional Library System will send a formal letter to Polaris to outline the cost breakdown by county ii. Polaris will bill each county directly for their portion of the annual maintenance iii. Each county may contact Polaris directly to negotiate prorated maintenance costs for their portion of the annual maintenance fees b. Additional Purchases beginning January 30, 2012 i. To maintain the integrity of the formal cost distribution letter submitted to Polaris, any additional hardware, software, or service purchases placed January 30, 2012 or later should be requested by, billed to, shipped to and paid by the county library identified as the end user 2. Systems Administration Support (includes Systems Administrator and County IT support) a. Special Projects and Training Requests - i. County directors should contact the Systems Administrator to request assistance with any special ILS projects, including but not limited to migration preparations, database maintenance and implementing new Polaris features no later than March 30, 2012 ii. The Systems Administrator is available to provide basic training to County Directors or delegate regarding Polaris operation or management. This training is not intended to replace the recommended vendor training proposed as part of the ILS migration process. Requests for training should be made no later than March 30, 2012 b. Actual project implementation and training dates will be based on the nature of the support or training request. All requests are subject to approval by the Orange County Public Library Director 8 End of Year Maintenance - The Systems Administrator will perform typical end- of-year maintenance, outlined below. Any additional end of year maintenance should be treated as a special project. Within 2 months of the end of the 2011- 2012 Fiscal Year, the Systems Administrator will delete: 1) withdrawn items; 2) items lost, missing or claimed for at least 2 years; 3) untinked bibliographic records; and 4) unlinked authority records ii. They Systems Administrator will prepare Polaris collection statistics for the State Aid Report c. End of Intralibrary Loan Services The systems administrator will update Polaris Holds Routing information to limit intralibrary loans within the timeline agreed upon by the county library directors ii. Local catalogers will be responsible for making any desired changes to the holdability information at the item record level d. Migration Support i. Data Extraction 1. For each data migration, a copy of the database will be made for the purpose of extracting data. Data will not be extracted directly from the live database 2. Copies of the database must be made by staff of the Polaris Library System; each county library will be responsible for the service charges associated with their migration process 3. In the case of complication, the live database will not be compromised in order to facilitate a migration process 4. The Systems Administrator will not be responsible for extracting data from Polaris 5. The Systems Administrator will not be responsible for reformatting data as it is migrated to the new system ii. Data Cleanup - For the benefit of remaining libraries and their customers, the Systems Administrator will perform the following cleanup within the existing Hyconeechee Polaris ILS database following each data migration 9 1. The week of data migration a. Suppress branch and item information associated with the departing library from the online catalog 2. Within one month following data migration a. Delete the librar~s item records and orphaned bibliographic and authority records b. Delete the library's patron records e. Support to remaining libraries following Orange Count~s data migration will be limited to i. Adding new users and computers ii. Running daily backups iii. Patching servers as needed iv. Working with Polaris to address critical failures 3. Local Administrative Permissions - After Orange County has migrated off of the existing Polaris ILS, staff at each county will be given permission to i. Modify their own staff member's permissions ii. Modify their branch's parameters and profiles iii. Modify their branch's policy and database tables iv. Open Help Tickets with the Polaris Support Team 4. Server Access a. All support for and access to the Polaris database will end June 30, 2013 b. All migration processes must be completed and finalized prior to this date c. Access extensions and related support fees must be negotiated directly with the Orange County Information Technologies Director, Todd Jones, and with Polaris Library Systems 10