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HomeMy WebLinkAboutAgenda - 06-26-1995 - VIII-O ' 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No.-Y—=-$ Meeting Date: June 26, 1995 SUBJECT Carrboro Branch Library DEPARTMENT Library PUBLIC HEARING YES NO X ATTACHMENT(S) INFORMATION CONTACT Contract Brenda Stephens, ext. 2528 TELEPHONE NUMBER Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 PURPOSE: To renew the contractual agreement with Chapel Hill Carrboro Schools in order to continue Public Library Service in Charles and Lucile McDougle Middle School. BACKGROUND: In November 1994 this board approved a contract which included a partnership between Chapel Hill-Carrboro Schools, Hyconeechee Regional Library Inc. , and the Orange County Board of County Commissioners, to establish a branch library in Carrboro. The library has been operational since May 1, 1995. On May 25, 1995 representatives from all parties involved in this consortium met to review the contract. The group unanimously decided to sign the contract, however a special committee was appointed to fine tune the document. This review process is to be completed by the end of the calendar year. RECOMMENDATION: The Manager recommends that the Board approve the contract and authorizes the chair to sign. 2 STATE OF NORTH CAROLINA CONTRACT COUNTY OF ORANGE JUNE 1995 Orange County Public Library Carrboro Branch located in McDougle Middle School This contract is made and entered into this day of , 1995, by the County of Orange, North Carolina, a body politic and corporate of the State of North Carolina (hereinafter called "County" ) , and the Chapel Hill/Carrboro Board of Education (hereinafter called the "Board" ) , and Hyconeechee Regional Library, Inc. ARTICLE I The purpose of this Contract is to provide a general library serving the needs of the public, at the Orange County Public Library Carrboro Branch located at the McDougle Middle School, and to state the separate obligations and limitations of the County, and Board, or their legal representatives, with regard to the facilities, supervision, management, equipment, maintenance, and support of the aforesaid general library. The operation of this general library is intended to be supplemental to the provision of library services to students at McDougle Middle School and shall not interfere or conflict with the function of the school library. This branch library is meant to be a pilot project for the parties involved and will be subject to evaluation at the end of one year. ARTICLE II Definitions - The words defined in this section shall have the meaning indicated when used in this Contract: 1) "Board" means the Chapel Hill-Carrboro Board of Education 2 ) "County" means the County of Orange 3) "County Manager" is the chief administrative officer of the County 4 ) "Department" means the Department of the Orange County Library 5) "Director" means the chief administrative officer of the Department of the Orange County Library 3 6) "General Library" means library services, including personnel and materials located at the school and primarily serving the needs of the public 7 ) "Library Materials" includes, but is not limited to, audio and visual equipment, books, maps, magazines, pamphlets, newspapers, manuscripts, CD's, books on tape, films, microfilms and fiche, works of literature and/or objects of art 8) "School" means Charles and Lucile McDougle Middle School and the unnamed elementary school 9) "School Library" means library services; including personnel, and materials primarily serving the needs of the students of McDougle Middle School 10) "Superintendent" means the chief administrative officer of the Chapel Hill-Carrboro City Schools 11) "Branch Manager" refers to the School Media Specialist located in the Orange County Public Library Carrboro Branch in the McDougle Middle School 12 ) "Public Services Librarian" refers to the part time librarian hired by the Board and paid through county funds ARTICLE III 1) The general library shall be operated in accordance with American Library Association and North Carolina Library Association standards except as specified in paragraph 2 below. 2) The Public Services Librarian shall acquire general library materials with county funds for placement in the school, and shall have as a goal, compliance with all American Library Association and North Carolina Library Association standards governing the quality of library materials. The Board shall acquire and maintain school library materials in accordance with the Department of Public Instruction, Southern Association of Colleges & Schools and the American Association of School Librarians, and maintain general library materials. 3 ) The Board shall bill the County quarterly for reimbursement of payments for personnel. 4 ) The Board shall pay salaries and salary related items to the personnel employed in the general library at the school. 4 5) The Board shall provide at no cost to the County the library office space for the general library, and all maintenance and utilities necessary for such office space. (a) Have some means of closing off the rest of the school during extended library hours, to avoid excessive security, supervision, and maintenance problems (b) Be adequately lighted and provided with outdoor signage (consistent with design of existing signage) clearly stating library name and days and hours open (c) All furnishings should be in accordance with ADA standard 6) Materials (a) Responsibility. A cooperative selection effort shall be made to avoid unnecessary duplication of materials. The School Media Specialist will meet quarterly with the Hyconeechee Regional Book Selection Committee. (b) Availability. All circulating materials acquired with Public Library Funds must be available for loan to all citizens of the three-county region. (c) Identification. Each item of materials and equipment in the Library will be clearly marked to show ownership. (d) Priority. All materials (print and media) will be made available to all on a "first come, first served" basis, with exception of curriculum required materials on reserve for students. (e) Equipment. Policies in respect to lending equipment for use outside will be set by the owner of the equipment. All equipment required for public library service will be determinded by the county and school district Board representative. (f) Interlibrary Loan. Students will have access to Orange County Library catalog and resources located in other locales through Interlibrary Loan etc. Students should not have restricted access to some materials because of age or lack of parental approval, as specified in Access to Resources and Services in the School Library media Program: An interpretation of the Library Bill of Rights (AASL, 1986) . Borrowed materials will be delivered and picked up through the Orange County Public Library bookmobile on a once per week basis. 7 ) All fees and fines received for overdue films, books and materials will revert to the branch library. Student fees and fines received from school library materials will 5 revert to the school. All revenue collected for damaged equipment, materials, or from the sale of items shall revert to the owner of those items. The branch library will assume all duties associated with overdue materials including sending out overdue notices. 8) The general library shall initially be open to the general public throughout the year for 20 hours per week for full library services. Specific hours will be mutually agreed upon by the Director and the Superintendent. 9) The following personnel shall be employed by the general library: 1 - Public Services Librarian\Certified School Media Specialist, Public Library Certified to work 20 hours per week in a Permanent Parttime Position 1 - Library Aid (Teacher's Assistant) or volunteer from Friends of Carrboro Library to work 20 hours per week in a Permanent Parttime Position 1 - Page @ 12 hours per week 1 - Page @ 8 hours per week 1 - Branch Manager (a) The Board shall provide supervision of all general library personnel by the Superintendent. (b) The Department shall provide specialist personnel employed by the County to offer specific programs in the general library. These personnel and programs shall be specified in the detailed program presented to the Superintendent, but the specified personnel shall be under the supervision of the Director. 10) Materials acquired through public library fund will be identified as such and will conform to the selection policies established for the school and the district. Such a policy insists upon the appropriateness of materials in the school setting. Public library-acquired resources that do not conform to this policy will need to be housed at another branch and borrowed by public patrons through inter-library loan. 11) The Board shall, for all established personnel positions in the general library, be responsible for all personnel actions. All general library personnel shall be subject to Board personnel policy and shall be considered for all purposes as employees of the Board. Authority for administration shall be delegated by the Principal to the Branch Manager, who will administer the total Library program. 6 > 12) Policy decisions regarding the County funding commitment and the number of positions for general library functions shall be the responsibility of the County. 13) Orange County Public Library - Carrboro Branch policies will be' developed by the Branch Manager, in accordance with Board policies and whenever possible with Hyconeechee Regional Library policies. 14) All applicable provisions of the Local Government Budget and Fiscal Control Act and the School Budget and Fiscal Control Act of North Carolina shall be followed. The Board agrees to provide the County with a copy of that part of its annual audit which summarizes the management and expenditure of the municipal funds received by the Board pursuant to this contract. ARTICLE IV 1) It is hereby agreed that the articles, sections, paragraphs, sentences, clauses and phrases of this contract may be amended at any time by mutual agreement of the County and Board. 2) The initial term of this Contract shall be from the date that all parties to the agreement have signed the contract until June 30, 1995 and will be annually renewed for a one year period, until one of the parties gives written notice to the others of its intent to terminate the Contract thirty ( 30) days in advance of the termination date. Notice is effective upon mailing. 3) Upon the termination of this Contract, the County shall be entitled to possession of all County-owned library materials, which shall be identified by the Orange County Library Property Stamp; and the Board shall be entitled to possession of the premises and all other library materials or property not specified above. ARTICLE V It is specifically agreed as part of the consideration of the signing of this Contract that the parties hereto, their agent, officials, employees or servants will not discriminate in any manner on the basis of race, color, creed, sex, or national origin with reference to the subject matter of this Contract, no matter how remote. These provisions shall be binding on the successors and assigns of the parties hereto with reference to the subject matter of this Contract. ARTICLE VI Except as otherwise specified, all notices to be given with respect to this Contract shall be in writing. All notices and other written documents specified in this Contract shall be sent by certified mail, postage prepaid, and return receipt requested, to the chief administrative officer of the party at his/her usual business address, or may be personally served by the party or its agent upon the aforesaid chief administrative officer at the aforesaid address. ARTICLE VII The Board waives all claims against the County for damages to the school building, school library materials, equipment or furnishings regardless of whether such damages are caused by the negligence of officers, agents, or employees of the County or by any other cause whatsoever. The County waives all claims against the Board for damages to the general library materials, equipment or furnishings regardless of whether such damages are caused by the negligence of officers, agents, or employees of the Board or by any other cause whatsoever. ARTICLE VIII The failure of any party to insist on a strict performance of any of the terms and conditions contained in this Contract shall be deemed a waiver of the rights and remedies that the party may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach or default in any terms or conditions. ARTICLE I% This contract constitutes the entire agreement of the parties; however, the parties agree to cooperate in developing such procedures as may be necessary from time to time to implement the terms of this contract. 8 ' IN WITNESS WHEREOF each party hereto has caused this agreement to be executed in its name by its proper officers and its seal to be affixed hereto, on the day and year first above written. THE CHAPEL HILL-CARRBORO BOARD OF EDUCATION By: Chairman ATTEST: By: Secretary ORANGE COUNTY By: Chairman ATTEST: By: Clerk HYCONEECHEE REGIONAL LIBRARY, INC. By: Chairman ATTEST: By: Secretary