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03/11/1993 - Packet AGENDA TIGARD UBRARYBOARD THURSDAY, MARCH 11, 1993 - 7:00 P.M. TIGARD CITY HALL - TOWN HALL CONFERENCE ROOM 13125 SW HALL BLVD. TIGARD, OREGON 1. CALL TO ORDER 2. ROLL CALL: DeBERNARDIS BURGESS CUNDIFF GROSSEN HARTZELL KOSTOL 3- Approve Minutes for February 11, 1993. 4. Monthly Report for February, 1993. 5. Friends of the Library Report. 6. Cooperative Library Advisory Board Report. 7. Review WCCLS contract. 8. "Working tour" of the Library. 9. Senator Paul Phillips (adjoining meeting room). 10. Regarding the attachments, please be sure to review the material enclosed for discussion at the March 11, 1993 meeting: • Current WCCLS reimbursement contract • Letter to Senator Paul Phillips • Summary of Oregon Library Legislative Package • Flyer regarding Senator Phillips' and Representative Brian's Town Hall Meeting. THESE ARE ALL CRUCIAL ISSUES PLEASE PLAN ON THE MEETING LASTING UNTIL 9:00 P-M. 11. Adjournment. TO ENSURE A QUORUM TO CONDUCT BUSINESS, PLEASE CALL LIZ NEWTON AT 639-4171, EXTENSION 308 IF YOU ARE UNABLE TO ATTEND. h:�login Vo�lib-A TIGARD LIBRARY BOARD February 11, 1993 MINUTES Call to Order: 7:00 p.m., Board Chairman Amo DeBernardis presiding. Roll Call: Jeri Cundiff, Yvonne Burgess, Amo DeBernardis, Carl Kostol, Kathy Davis Reports: Monthly Report was summarized by Library Director. Library check out was up more than 10,000 items over prior month. 350 new library cards were issued. Volunteers are being asked to take on new duties such as answering phones. Volunteer hours keep going up: 786.5 hours logged in January equal to 4.5 FTE. Friends of the Library: Burgess reported that the Friends had made a $300 donation to the"People for Libraries"PAC. This is the maximum legal amount they are allowed to donate as a non-profit. The money will go towards printing and mailing costs for Levy information. Twenty more Entertainment Books have been sold. FOL money paid for a step stool installed in Children's Section to provide safe access to board books. C.L.A.B. CLAB members are being asked to review the non-fee access reimbursement contract. Copies will be mailed to Board members to review for discussion at next meeting. Open House Evaluation: Library staff believed Open House concept to be extremely successful, but are concerned about extra time involved working evenings. This means they must shift time away from regular duties during the day and with library use as it is, this is not possible. Board members said they would be willing to "host" future open house activities, but felt they needed a better understanding of how the library is set up and operated. There was general discussion about the Board's level of activity in the community and their comfort level with answering library questions. It was determined that some education on library set up and service delivery would be useful. This will begin to be addressed at the next meeting. Y.A. Librarian: Staff interviewed six very good candidates and selected Susan Plaisance as the finalist. Susan has her M.S. in Educational Media and served three years as librarian in area middle schools. She also has an impressive background in Public Education and programming including six years with the Washington Park Zoo as Educational Services Specialist and three years with the USDA Forest Service as Public Affairs Specialist. We look forward to her Joining the staff as soon as application procedures are completed. Planning Committee: Committee reviewed selected Tigard demographic information as it relates to library services. DeBernardis requested that copies of information go to all Board members. This will be disseminated at the next meeting. Lew Update Copies of the WCCLS informational brochure were distributed. Adiournment: 8:20 p.m. Re?gectfully submitted, Kathy L. 1�19S ? Library Director p , qq3 N ?. WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES NON-FEE ACCESS and LIBRARY SERVICES AGREEMENT This Agreement is made by and between Washington County, a home rule subdivision of the State of Oregon, on behalf of Washington County Cooperative Li racy Services, hereinafter referred to as "WCCLS", and i GL , being one of the Cities of Beaverton, Cornelius, Fo st Grove, Hillsboro, Sherwood, Tigard and Tualatin, or Cedar Mill Community Library Association, hereinafter referred to as "Contractor(s) ". WHEREAS, the voters of Washington County have approved a serial levy which will provide approximately $5,400,000 annually for fiscal years 1990-1993 for county-wide library services including non-fee access by County residents to libraries operated by Contractors; and WHEREAS, the parties to this Agreement are either units of local government empowered by ORS 190.010 to enter into an intergovernmental agreement or are private non-profit agencies operating public libraries; and WHEREAS, WCCLS is desirous of contracting with Contractors to provide non-fee access and library services and the Contractor is capable of providing such access and services. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1) TERM OF AGREEMENT This Agreement shall be in effect from July 1, 1990, to June 30, 1993 , except as otherwise provided in Section 11 of this Agreement. It is the intent of the parties that this Agreement become effective on July 1, 1990. - 2) COMPENSATION As compensation to Contractor for the services to be provided pursuant to this Agreement, WCCLS agrees to make payments to Contractor according to the funding formula set forth in Section 3 below and according to the payment schedule set forth in Section 5 of this Agreement. 3) FUNDING FORMULA A. Method. The amount of total payments to be made to Contractor during the term of this Agreement shall be determined by the method set forth in this Section. The initial estimated amount of annual total payment shall be based on the figures set forth in EXHIBIT A "Calendar Year Circulation and Non-Fee Access Reimbursement" . B. Total Non-Fee Access Payment. The initial estimated amount available for payments to Contractors under this Agreement (and for appropriation to Banks and West Slope Community Libraries) shall be as follows: FY90-91 $3, 147,157 FY91-92 $3,716,792 FY92-93 $4,389,531 Any additional funds would have to be appropriated by the Washington County Board of Commissioners from the Special Library Fund described in Section 6. C. Reimbursement Rate. Circulation of library materials to all Washington County residents and residents of counties with which WCCLS maintains reciprocal borrowing agree- ments (Multnomah, Clackamas, Clark, Klickitat, Skamania) will be reimbursed at the rate of $1. 13 per circulation. Libraries with a total annual circulation of less than 100, 000 (Banks, Cornelius, Sherwood, West Slope) will receive an additional $.45 for each of the first 30,000 circulations. D. "Make Whole" Adjustment. After Contractors have been reimbursed at the rate outlined in Subsection C, funds remaining in the Total Non-Fee Access Payment are avail- able for distribution to cities from which more WCCLS levy funds have been collected than they are reimbursed in county-wide services and Non-Fee Access payments to bring those cities to the break-even point. "Make Whole" adjustments will be computed each .year in December based on the current assessed valuation. WCCLS levy funds collected in the city will be reduced by that city's Non- Fee Access payment and share of county-wide program costs. A city's percentage of the total County assessed value determines their share of county-wide program - costs. If, after these reductions a deficit remains, a separate "Make Whole" payment will be made on or before April 15 so that the total payments and services are equal to the WCCLS funds collected in that city. The City of Wilsonville will not be eligible for "Make Whole" funds. If funds are not available to "Make Whole" all cities, adjustments will be made as outlined in Section 2 E. Circulation Estimates. The circulation used in Sub- section C above, shall be based on EXHIBIT A "Calendar Year Circulation and Non-Fee Access Reimbursement", from information made available by WCCLS through the Washington County Interlibrary Information System (WILI) for the previous calendar year (including West Slope and Banks Community Libraries) . Circulation will include only materials, loaned to Washington County residents and other borrowers as described in Subsection C above and will be adjusted for net lending or borrowing of in- county interlibrary loans before the reimbursement rates are applied. EXHIBIT A "Calendar Year Circulation and Non-Fee Access Reimbursement" will be updated annually. 4) ADJUSTMENTS IN PAYMENTS A. Payments may be adjusted by WCCLS as provided in this Section. B. The parties recognize that the Funding Formula set forth in Section 3 of this Agreement may result in a deficit amount in the funds annually available for Non-Fee Access Reimbursements. C. Upon finding that an adjustment in payments is necessary, WCCLS shall prepare a proposal for allocating the deficit in an equitable manner among the Contractors. Unless there are special circumstances which clearly indicate that not all Contractors are affected, it is the intent of the parties to share any deficit among all libraries (specifically all Contractors, West Slope, Banks, and the City of Wilsonville) in an amount proportional to each library's percentage of the total amount available for payment. D. WCCLS shall notify the Contractors in writing of any adjustments under this Section on or before July 1. 5) PAYMENT SCHEDULE A. WCCLS agrees to make Non-Fee Access Reimbursement pay- ments to those Contractors which are cities as follows: 1. Two-thirds of the total annual payment shall be made on or before December 31st; and 2. One-third of the total annual payment shall be made on or before April 15th. B. WCCLS agrees to make payments to Contractors which are community libraries (specifically Cedar mill Community Library Association) on a monthly basis. 3 6) SPECIAL LIBRARY FOND The County on behalf of WCCLS shall maintain a Special Library Fund which shall include: A. Any remaining funds from a previous year which shall be carried over to the next year; B. All property tax collections made under the current or previous serial levy; C. All interest earnings on the Special Library Fund, in accordance with ORS 294.080(1) ; and D. Other revenues for library services. 7) SERVICES TO BE PROVIDED BY WCCLS WCCLS agrees to provide the County-wide services to contractors, including but not limited to: A. Regional non-fee access; B. General coordination of County-wide services among Contractors and with regional and state library service providers; C. Reference and interlibrary loan services; D. Outreach services to the elderly, physically handicapped and institutionalized; E. Books by Mail to rural residents and any other Washington County resident on request; F. Children services including Summer Reading Program; G. Courier services; H. Planning for long-term growth and development of County- wide library services; and I. Operation and maintenance of the Washington County Inter-Library Information (WILI) System. 8) SERVICES TO BE PROVIDED BY CONTRACTORS A. Each Contractor agrees to expend all funds received under this Agreement in providing library services according to Contractor's established policies, and ensuring that 4 Contractor's library facilities are open for public use by Washington County residents. B. Each Contractor further agrees that, while it is within the sole discretion of the Contractor whether or not to charge reasonable fees, Contractor shall apply all circu- lation policies, including fees, uniformly to all general borrowers within Washington County and residents of counties which have reciprocal borrowing agreements with Washington County. Such policies may apply to all normally circulating library materials, and such fees may include special service and overdue fees. Nothing in this Agreement is intended to restrict Contractor's policies or fees as applied to borrowers who are not Washington County residents or not residents or borrowers who live in counties which have reciprocal borrowing agreements with Washington County. C. Each Contractor agrees that it will designate a staff member with whom WCCLS deals in administration of this Agreement on behalf of Contractor and who shall be authorized to receive and give any notices which may be required under this Agreement. 9) RELATION TO AGREEMENT FOR AUTOMATED LIBRARY SYSTEM The parties acknowledge that the County and Contractors have entered into a separate agreement for an automated library system as referred to in Section 7.1 of this Agreement, and intend that these Agreements complement each other. 10) RECORD KEEPING A. WCCLS agrees to provide each Contractor with a copy of the County's annual audit, upon request by Contractor. B. Each Contractor agrees to provide WCCLS with a copy of Contractor's annual audit. For purposes of this Section, the following requirements shall apply: 1. For Contractors which are cities, the audit shall' be that of the city, and shall be supplied upon request of WCCLS. 2. For contractors which are community libraries (specifically Cedar Mill Community Library Associ- ation) , the audit shall be the result of an annual review of the Contractor's financial statements made by an independent certified public accountant in accordance with standards of the American Institute of Certified Public Accountants, and shall be supplied by December 31st of each year to WCCLS. 5 C. Each Contractor agrees to provide WCCLS with a copy of the annual report required to be made to the Oregon State Library in accordance with ORS 357.520. 11) TERMINATION A. The County shall have the right to terminate this Agreement upon sixty (60) days written notice, if it determines, in good faith, that: 1. The public interest would be served by such termination; or 2. Adequate funds are not available. B. Each Contractor shall have the right to terminate this Agreement upon (60) days written notice, if the Contractor determines, in good faith, that: 1. The public interest in its jurisdiction or area of service would be served by such termination; or 2 . Appropriated funds for Contractor are less than the amount reasonably anticipated. C. The County and each Contractor shall have the right to terminate participation in this Agreement separately, and Agreements between remaining parties and the County shall remain in effect. D. In the event of the termination by the County or a Contractor, compensation to the affected Contractor shall be limited as follows: If the County or the Contractor is the party initiating termination, the County shall provide the Contractor monetary consideration stated in this Agreement prorated to the date of termination. 12) COMPLIANCE WITH APPLICABLE LAWS Contractor agrees that it shall comply with all applicable laws and regulations, including but not limited to those referenced in this Section. A. Equal Opportunity. County Personnel Rules provide that County shall enter into contractual agreements only with Equal Opportunity Employers. Therefore, Contractor here- by agrees that its employees (and applicants for employ- ment) shall not be discriminated against because of race, 6 color, national origin, religion, physical or mental handicap, sex or age, except in the case of bona fide occupational qualifications as defined and provided by applicable federal or state law. B. Compliance with Applicable Provisions of ORS Chapter 279. Contractors which are community libraries further agree that they shall comply fully with all applicable provi- sions of ORS 279.310 through 279.430. These include: ORS 279.310, ORS 279.312 relating to payment of labor, mater- ialmen, the Industrial Accident Fund and the Department of Revenue and prohibiting any lien or claim to be filed against County on account of labor or material furnished; ORS 279 . 314 authorizing County to pay said claims on be- half of Contractor; ORS 279.316 relating to overtime and 279.320 relating to medical care. Said provisions are hereby incorporated by reference and the applicable terms contained therein shall be binding upon Contractors which are community libraries in the same manner as if they were fully set forth herein. 13) HOLD HARMLESS A. Each party agrees to indemnify and hold harmless each of the other parties, its officers, employees, agents and representatives from and against all claims, demands, penalties, and causes of action of any kind or character, including the cost of defense attorney's fees arising in favor of any person on account of personal injury, death or damage to property arising out of services performed, the omission of services or in any way resulting from the acts or omissions of the party so indemnifying or its agents, employees, sub-contractors or representatives. Indemnification agreed to herein is subject to, and shall not exceed, the limits of liability of the Oregon Tort Claims Act (ORS 30.260 through 30.300) and the Oregon Constitution. B. Contractors agree that the following requirements will be met: 1. For contractors which are cities or other forms of municipal incorporation or public bodies (specifically the Cities of Beaverton, Cornelius, _ Forest Grove, Hillsboro, Sherwood, Tigard or Tualatin) contractors are subject to the Oregon Tort Claims Act (ORS 30.260 through 30. 300) . 2. For contractors which are community libraries and are non-profit corporations (specifically Cedar Mill Community Library Association) , contractor shall 7 provide to the County proof of insurance not less than the limits of liability of the Oregon Tort Claims Act (ORS 30.260 through 30.300) . 14) CAPTIONS Captions and headings used in this Agreement are for convenience only and shall not be construed or interpreted so as to enlarge or diminish the rights or obligations of the parties hereto. 15) SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Agreement. &7 o r tor Washihgton Count/y Chairman Board of Commi" io V9 TitleTitle �/I W. 0 Date Date APPROVED AS TO FORM c I y, '-JstkCounty counsel APPEOVED WASHINGTON COUNTY BOAiiD OF COMMISSIONERS MINUTE ORDER # ...... .......... . DATE ........ 8 -0..........I............ rl FRK OF tHF.W)ARW* EXHIBIT A CALENDAR YEAR CIRCULATION for 1989 and NON FEE ACCESS REIMBURSEMENT FOR FY90-91 Total of total Gross Net Inter- ILL Total Circulation circ that is Reimbursement Library Adjustments Reimbursement 1989 reimbursed for FY 90-91 Loans @ $1.13 for FY 90-91 Banks 16,787 99. 41% $ 26,368 858 $ 970 $27,337 Beaverton 890,499 99. 98% $1,006, 080 2, 808 $3, 173 $1,009,253 Cedar Mill 290,997 99. 80% $328, 171 1, 118 $1,263 $329,435 Cornelius 35,842 99.78% $54, 001 468 $529 $54,530 Forest Grove 174,397 97.84% $192 ,808 (1,872) ($2,115) $190,692 Hillsboro 289,552 99.47% $325,459 (442) ($499) $324,960 Sherwood 6,207 98.75% $9, 684 $9,684 Tigard 268,014 99. 67% $301,868 (1,274) ($1,440) $300,428 Town Center 210,442 99.73% $237,152 728 $823 $237,974 Tualatin 202,357 88. 48% $202, 324 (1, 378) ($1, 557) $200,767 West Slope 75,491 99.86% $98,805 (1, 014) ($1, 146) $97,659 Wilsonville NA NA $20, 000 NA NA $20,000 Totals 2,460,585 98.43% $2,802,720 $2,802,720 These figures do not include the "make whole" adjustment described in Section 3.D. FILE: C:\WP\NONFEESH.WP February 5, 1993 The Honorable Paul Phillips State Capitol S-302 Salem OR 97310 Dear Senator Phillips: As trustees of the Tigard Public Library, we are vitally interested in the library legislation soon to receive a hearing before the Senate Education Committee. The proposals and bills developed by the Joint Interim Education Committee's Library Work Group address the roles and the needs of libraries in Oregon. Each year the Tigard Public Library checks out almost 400,000 books to 30,000 registered borrowers. Each year these numbers increase dramatically. Today no library can afford to maintain a collection that meets all of its community's needs. We must share resources in Oregon by linking the public libraries, the academic libraries and the State Library into a single network that provides high quality library service to all Oregonians. This would not only improve library service, but be a more efficient use of tax dollars as well. SB 20, SB 21, SB 22, and SB 23 would establish state-wide resource sharing, emphasize service to children and clarify the State Library's role in de- veloping local libraries. This legislation would benefit Tigard Library users a great deal by making the rich resources of all of Oregon's libraries available to them. We trust that you will give serious consideration to these bills when they come before the Senate Education Committee. If you have questions regarding any of these bills you may contact Kathy Davis, Director, Tigard Public Library at 684-6537, or Carol Hilderbrand, Chair of the OLA Legislative Committee in Eugene at 687-5454. Truly yours, Amo De Bernardis, Chair Library Board Tigard Public Library OREGON LIBRARY ASSOCIATION OLA 1993 Board members: The 1993 Oregon Library Legislative Package Deborah Jacobs,President Corvallis-Benton County Library Thomas Jefferson said, "A democratic society depends Patrick Grace,Vice President on an informed and educated citizenry." The Oregon and President-elect Library Association believes libraries are an essential OSU Kerr Library building block for a democracy. Maureen Sloan, Oregon libraries face a challenge: Given declining Past President resources, how do we provide relevant services using Oregon Graduate Institute new technology? The Interim Education Committee's Library Services Work Group was charged with exploring Jane Appling,Secretary what services Oregon libraries should provide and how Newport Public Library they might meet future needs. The 1993 Oregon Library Legislative Package reflects the findings of the Work Group. Steve Teich,Treasurer OHSULibrary SB 20: Oregon LINK Don Ownbey, Today no library can afford to maintain a collection that Parliamentarian meets all of its community's needs. We must ILak public Lane Community College and academic libraries and the State Library together to Lbare resources in order to provide quality library services Carol Hildebrand to Oregonians. Senate Bill 20 does three things: Eugene Public Library 1. Directs the State Library to administer a resource Aletha Bonebrake sharing program that reimburses libraries for the cost Baker City Public Library of sharing materials with other libraries and lenders outside their own communities. The Oregon LINK Jeanne Goodrich system would include a statewide library card, inter- Multnomah County library loans and reference centers. "Net lenders" Pub&Library (libraries who lend more materials than they borrow) would be reimbursed for their net lending costs. Jan Fortier Mary1hurst College Library 2. Funds the resource sharing system with $1.2 million of federal Library Services and Construction Act Aletha Cox (LSCA) funds that are now inappropriately used Douglas County Public Library to fund State Library operations. 3. Provides replacing LSCA funds which the State Stan Wonderley Library would lose by charging state agencies Lakeview Public Library trustee (including agencies not funded by the General ffiliations listed Fund) for State Library services. identification purposes only. -over- SB 22 & HB 2056: Per Capita Funding Targeted to Children Currently state aid to public libraries in Oregon is distributed mainly on a per capita basis. Senate Bill 22 amends the per capita distribution formula to make it a "per child" basis. This change would not cause a substantial shift in funding for local libraries. It would allow the State Library to work with public libraries in focusing their efforts on learning-readiness for Oregon's pre-school children. Public libraries are among the state's most important resources for meeting the Oregon Benchmark that all children should arrive in school ready to learn. Although the state invests in Head Start, many children are not eligible for these services. Public libraries can help fill this gap. SB 23 & H13 2055: Oregon State Library Mandate Senate Bill 23 revises the State Library's mandate to reflect the needs of the 21 tt century. It reasserts the Library's mandate to help fund and assist local communi- ties in organizing local library services throughout the state. However, it removes the current mandate in ORS for the State Library to serve as a direct lender to people who do not have local library service and are not taxed for such services. Having the State Library serve as a lending library to Oregonians may have been appropriate in 1905, but it is no longer the most cost-effective way to achieve universal access to library services. Access can be better achieved through the resource sharing system (Oregon LINK) set in motion by SB 20. SB 21: "Free" Basic Library Service Oregon's public libraries face growing pressure to impose fees for library services. Local governments have begun to consider special fees for service such as annual fees for a library card, fees for checking out books, fees for information referrals -- even turnstile fees for entering the public library! Basic library service without charge is a fundamental principle of public libraries. SB 21 clarifies that public libraries in Oregon shall provide "basic" library service free of charge to local citizens who support their public library through taxes. Basic services include admission, reference service and circulation. SB 21 would not prevent public libraries from imposing fees for various special services such as photocopying or interlibrary loans. For more information about the 1993 Oregon Library Legislative Package,please contact OLA's lobbyists, Nan Heim&Jody Fischer,at the Lobby Message Center,378-9800. . .or ask your local librarian. Pleasejoin Senator Paul Phillips and Representative Tom Brian at Town Hall �.,eisatl ve Meetings Wed. March 3, King City Town Hall Thurs. March 11, Tigard CityHall 7.00 - 9:00 p.m. Find out what is going on at the legislature & predictions for the future. This is your chance to discuss the issues and ask questions. Tell your friends and neighbors. Senator Paul Phillips and Representative Tom Brian want to hear from you! .For more information please call, Senator Phillips, 378-8839.