HomeMy WebLinkAboutResolutions - 2012.06.07 - 20263MISCELLANEOUS RESOLUTION #12158
BY: General Government Committee, Chris Long, Chairperson
IN RE: BOARD OF COMMISSIONERS - INTERGOVERNMENTAL AGREEMENT BETWEEN OAKLAND COUNTY AND
THE ROCHESTER HILLS PUBLIC LIBRARY FOR THE OPERATIONS OF THE LIBRARY FOR THE VISUALLY AND
PHYISCALLY IMPAIRED
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County operates the Library for the Visually and Physically Impaired (LVPI) located in
the west wing of the County's Court House; and
WHEREAS the LVPI is a service that is largely comprised of maintaining a library of audio tapes and digital
cartridges, provides reading material for the visually impaired (generally, large print books) and other material; and
WHEREAS the principal services rendered involve the maintenance of a case management record and
responding to LVPI member telephone requests and in person for library material; and
WHEREAS in November 2007, Oakland County published a request for proposal seeking to determine if
there was any interest in the cities, villages and townships located in Oakland County in operating the LVPI on
behalf of the County; and
WHEREAS the above request for proposal resulted in no submissions of interest from the cities, villages
and townships; and
WHEREAS in the summer of 2008 Oakland County hired a local consulting firm to prepare a report
covering the feasibility of combining the Oakland County LVPI, Macomb County Library for the Blind and Physically
Handicapped, and the Mideastern Talking Book Center; and
WHEREAS while the consultant's report was issued in October 2008 and cited many reasons for such
consolidation, no action to do so was undertaken by the three entities; and
WHEREAS the Macomb County Library for the Blind and Physically Handicapped operation is now
operated by the Clinton-Macomb Public Library; and
WHEREAS the Washtenaw County Library for the Blind and Physically Handicapped has transferred its
operations to the Ann Arbor District Library; and
WHEREAS Oakland County and the City of Oak Park explored the transfer of operations from the Oakland
County LVPI to the City of Oak Park's library; and
WHEREAS after roughly two months of due diligence on the part of the City of Oak Park's management,
the City of Oak Park decided that it would not be feasible at this time and declined to continue exploring the
operating transfer; and
WHEREAS the Rochester Hills Public Library (RHPL) was generally aware of the County's prior interest and
then current discussions with the City of Oak Park about the transfer of the County's LVPI to a local unit of
government; and
WHEREAS the RHPL has undertaken a review of the statutory, programmatic and financial implications of
assuming the operating responsibilities of the Oakland County LVPI and provided a proposal to serve to assume the
responsibilities of the LVPI; and
WHEREAS the statutory, programmatic and financial agreement reached between Oakland County and
the RHPL is attached to this resolution; and
WHEREAS on April 20, 2012 the Library Board voted unanimously to accept the proposal to serve Oakland
County in providing services to the visually and physically impaired; and
WHEREAS the personnel and budget aspects resulting from the transfer of this operation from Oakland
County to the RHPL will be handled as part of the County Executive's Recommended Budget process for Fiscal
Years 2013-2015.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby approves the attached
agreement between Oakland County and the Rochester Hills Public Library for the services involving the Library for
the Visually and Physically Impaired and directs the Chairperson of the Board of Commissioners to execute the
agreement,
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
Resolution.
GENERAL GOVERNMENT COMMITTEE
LIBRARY SERVICES AGREEMENT
OAKLAND COUNTY, MICHIGAN
AND
THE ROCHESTER HILLS PUBLIC LIBRARY
This Agreement is entered into on , 2012 between Oakland County
(County), a Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road,
Pontiac, MI 48341-0421 and the Rochester Hills Public Library (RHPL) or any successor entity that RHPL
may become, 500 Olde Towne Road, Rochester, MI 48307-2043. In this Agreement, the County and RHPL
may also be referred to as Party or jointly as Parties.
Recitals
1. The County provides library services for the visually and physically impaired residents through
the Library for the Visually and Physically Impaired (LVPI), and according to its mission
statement, by doing the following:
1.1. Meeting the general reading and information needs of those citizens who are visually and
physically impaired and qualify for the service;
1.2. Participating in the Library of Congress National Library Service for the Blind and
Physically Handicapped program;
1.3. Offering reference and reader advisory services to patrons;
1.4. Providing information on a public access to current adaptive technology;
1.5. Supporting and partnering with organizations that services the visually impaired
community.
2. The County wishes to continue to provide services for residents of the County who are visually
and physically impaired.
3. In order to continue to provide services thr the visually and physically impaired, the County
wishes to enter into an agreement with the Rochester Hills Public Library (RHPL) to provide these
services as a sub-regional library associated with the National Library Service for the Blind and
Physically Handicapped (NLS) pursuant to the act enabling the Library of Congress, being 2
U.S.C. § 131 et. seq.
1 of 91 P a
4. RHPL agrees that such an agreement will benefit County residents and will provide
opportunities for library service enhancements by RHPL and is willing to agree to do so, as
long as the County continues to provide funding pursuant to this Agreement.
5. The Parties enter into this Agreement pursuant to P.A. 7 of 1967, the Urban Cooperation Act,
being MCL § 124.501 et seq., and P.A. 138 of 1917, the County Libraries Act, being MCL §
397.301 et seq.
Agreement
Rochester Hills Public Library Responsibilities:
1.1. Sub-Regional Library. RHPL shall assume the role of the host library for the LVPI and shall
fulfill all NLS requirements of a Sub-Regional Library. The name for the LVPI will be the Oakland
Talking Book Service@RHPL (OTBS@RHPL).
1.2. Reporting Requirements. RHPL shall be responsible for submitting any reports to funding sources
and shall submit a copy of such reports to the Oakland County Board of Commissioners and the
Oakland County Library Board.
1.3. Operation. The OTBS@,RHPL will be available to the public at all times that the RHPL is
available to the public. RHPL will comply with the service and operational requirements and
policies as detailed by the -NLS.
1,4. Employees, RHPL is under no obligation to hire any current LVPI employees. Existing LVPI staff
will be given full consideration for any new positions created by REIPL as a result of this
Agreement,
2. County Responsibilities:
2.1. Consideration. For assuming the role of a Sub-Regional Library and performing services as such,
RHPL shall be paid by the County the sum of $120,000.00 (One Hundred and Twenty Thousand
Dollars and Zero Cents) annually with a 3% annual increase.
2.1.1. If for any reason RHPL
then RHPL shall be paid in a :1 -orated manner by dividing the annual sum :for that year by the
days of services provided.
I perform services under this Agreement for an entire year,
2 of 9
2.1.2. Should this Agreement's effective date fall before December 31, 2012, the County agrees to
pay RHPL a sum prorated per day of service based on S120,000.00 (One Hundred and
Twenty Thousand Dollars and Zero Cents).
2.1.3. The first annual payment of $120,000.00 (One Hundred and Twenty Thousand Dollars and
Zero Cents) will be made on January 1, 2013, and subsequent annual payments including the
3% annual increase will be due on January 1 st each year, the last payment will be made on
January 1, 2022.
2.1.4. a new agreement is negotiated prior to the. expiration of this Agn:sernent, or in the
event of termination of this Agreement, the Min has the sole discretim to continue to
provide services as the OTBS0')RHPL. If it determines not to do so, the responsibility for
providing services as a host library of the LVPI and fulfillimj al: requirements of cub -
regional library (the OTBS) shall revert to the County, or if the County is unable tc. pc' :HT
the service for any reason, to the Regional Library in Lansing.
2.1.5. Before the rx.iration. of this Agreement, the Parties may explore entering into a new
agreement to continue services. Any new agreement must be approved in writing by the
C.I.j;.1::ri.:1 County Board of Commissioners and the Rochester Library Board of
Trus
2.2. Approprii•:•!Ln of f•Tunt. PTIPL shall have full discretion in the use of funds pi' • by the
County, • o • h• T • v. :1. as gifts, grants, endowments, state aid or federal aid .:irected to
the RHPL. The RHPL shall comply with any state or federal requirements regarding use of all
funds.
2.3. LVPI Gift Fund. The Oakland County Library Board passed Resolution #12-2.1 at the March 28,
2012 Oakland County Library Board meeting supporting the transfer of the LVP1 Gift Fund to
RIM_ The County will transfer money remaining in said fund to RHPL which shalt use it in
furtherance of the OT BS @RH P L.
2.4. Funds. Any LVPI gifts, endowmer,L. subject to whatever conditions existed with the original
endowment, if any, or grants received and unspent that are wh the Co,A control
as of the effective date of the transfer, shall be transferred to RIIPL, subject to those siave previous
3 of 91 a
conditions.
2.5. Personal Property. The County shall provide an inventory to RHPL of the County-owned and
federal personal property of LVP1. The inventory list shall be incorporated into this Agreement as
ATTACHMENT A. The County shall transfer ownership of the personal property of the LVPI that
the County can legally transfer to RHPL within 90 days of the signing of this Agreement. A.11 non-
federal personal property that can be legally transferred shall become the property of RHPL. RHPL
shall have the authority to dispose of the transferred personal property at its discretion.
2.5.1. RHPL shall bear the full cost and responsibility of the transfer and post - ("the personal
property described in this section.
2.5.2. Any property that belongs to the LVPI that is not transferred to the RHPL under this
Agreement shall be disposed of in accordance with state and federal law.
3. Term. The initial short year term of this Agreement shall begin on or about October 1, 2012 until
December 31, 2012 and then for 10 years thereafter, commencing on January 1, 2013. This Agreement
will expire without any action of either Party on December 31, 2022.
4. Effective Date. This Agreement shall be effective when signed by an authorized representative of
RHPL and authorized by resolution of the Oakland County Board of Commissioners, and shall continue
until terminated or cancelled as provided herein. Approval of this Agreement shall be entered into the
official minutes of the Oakland County Board of Commissioners and shall be filed with the Oakland
County Clerk's Office and the Office of the Great Seal.
5. Disclaimers and Limitations of Liability.
5.1. All items whose ownership is transferred to RHPL are provided AS IS. The County makes no
waiTanties of any kind as to their condition, value, or suitability for a particular purpose, except that
the County warrants title of all items transferred to RHPL. RHPL assumes all responsibility,
including any and all liability, both now and in the future, for inspecting, maintaining, storing,
updating, using, or permitting the use of such items. The County shall have no obligation to replace
or repair any item whose ownership is transferred to RHPL.
5.2. Except as specifically provided elsewhere in this Agreement, nothing in this Agreement is or shall
be construed as creating any obligation of any type whatsoever for the County to contribute, in any
4 of 91 a
way, to the costs associated with the operation of the RHPL. Any and all costs associated with the
operation of the RHPL, including, by way of example and not limitation, the costs of insurance,
building operation and maintenance, maintenance or replacement of resources housed at the library,
staffing the library, parking, lighting, and security are and shall remain RHPL's sole and exclusive
obligation.
5.3. Each Party shall be responsible for its own acts and the acts of its employees, agents and
subcontractors, the costs associated with those acts, and the defense of those acts.
5.4. In the event of any alleged breach, wrongful termination, or any default of any term or condition of
this Agreement, neither Party shall be liable to the other for any indirect, incidental, special or
consequential damages, including, but not limited to any replacement costs, any loss of income or
revenue, or any failure to meet any obligation under any applicable state laws, local ordinances, or
any other economic benefit or halm that the Party may have realized, but for any alleged breach,
wrongful termination, default, or cancellation of this Agreement.
6. Termination. Either Party may tenninate this Agreement for any reason by giving 90 days written
notice of tel mination.
7. Entire Agreeme7t. This Agreement represents the cntHr•-7 --c--ent and understandi•-•;::t
Parties. Thi ,- • supersedes all other oral cc 'recirients between the Parr:
the transfer of atially all of the LVPI from the Ccu., to l!"'1,. The language in thi:::.: .A„ructrient
shall be construed as a whole according to its fair meaning and not construed strictly for or against any
Party,
ivered, sent
by express delivery service, r ,-••tified r e:i1, or :',7s; :Joss U.S. mail, and addressed to the
actual receipt; 2) the next business day notice is sent express ur personal delivery,
or 3) three days after mailing first elLs.i S.
8.1. If notice is sent to the County, it shall be ad. nd sent to:
Oakland County Co-Torah()
1200 N. Tci....L!.!.aph. Rd., De
Notices. Notices given under this Agreement shall be in writing and shall be
listed below. Notice will 1 On c sil • ceurs: 1) the date of
U.S. mail,
).e date when one.' o:
5 of 9i P
releases to this ement must be in writing, and agreed to by The modification,
Pontiac, Michiea 47_ • 1 -041
f notice is sent to the Rochester Hills Public Library, it shall be addressed and sent to:
Board of Trustees, Rochester Hills Public Library
500 Olde Towne Road,
Rochester, MI 48307-2043
9. Severability. If a court of competent jurisdiction finds a term or condide ,ii.i this Agreement to be
illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other
terms, coi.di'd.ons., and provisions of this Agreement shall remain in full force.
10. Force Majeure. Each Party shall be excused from any obligations under this Agreement during the
time and to the extent that a Party is prevented from perfooning due to causes beyond the Party's
control, including, but not limited to, an act of God, war, fire, strike, labor disputes, civil disturbances,
reduction of power source, or any other circumstance beyond the reasonable control of the affected
Party. Reasonable notice shall be given to the other Party of any such event.
11. Agreement Modifications or Amendment. Any modifications, amendments, rescissions, waivers, or
amendment, rescion, waiver, or shall be signed by the same persons who
Agreement or othei ;:iersons authorized by Cie Parties' governing bodies.
12. Reservation of Rights. This Agreement does not, and is not intended to, impair, divest, delegate, or
contravene any constitutions, statutory, or other legal right, privilege, power, obligation, duty, or
immunity of the Parties.
13. Governing Law/Consent to Jurisdiction and Venue. This Agreement shall be governed, inteipreted
and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule,
any action brought to enforce, interpret, or decide any Claim arising under or related to this Agreement
shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the Fiftieth District Court
of the State of Michigan, or the United States District Court for the Eastern District of Michigan,
Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required
by law or court rule, venue is proper in the courts set forth above.
6 of 91 1""
Unt'Y Rochester Hills Public Library Oakland C
14. Compliance with Laws. Each Party shall comply with all federal, state, and local laws, statutes,
ordinances, regulations, administrative rules and requirements applicable to its activity performed under
this Agreement.
15. Assignments. A Party cannot assign this Agreement or any right or obligation under the Agreement
without the prior consent of the other Party.
16. Successors and Assigns. If this Agreement is properly assigned, then it will bind and benefit the
successors and assigns of the Parties.
17. Third-Party Beneficiaries. This Agreement confers or remedies on any third party, other than
the Panics to this Agreement and their respective successors and permitted assigns.
The Parties have taken all actions and secured all approvals necessary to authorize and complete this
Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this
Agreement and to bind the Parties to the conditions contained herein.
MICHAEL J. (ANGELL, Chair MADGE LAWSON, President
Oakland County Board of Commissioners Board of Trustees,
Date: Rochester Hills Public 'Library
Date:
7 of 91
ATTACHMENT A
LVPI Property to Transfer to the Rochester Hills Public Library
Book Collections
• NLS Digital Book Collection
• Large Print Book Collection
• Large Print Book Shipping Bags
Service Computer Equipment and Related Accessories
• 3 Dell Optiplex 760 Series CPU units with accompanying monitors, keyboards, and mice
• 1 Zebra 140 xiiii Plus Series thermal printer
• Remaining inventory of Zebra 140 xiiii Plus Series compatible thermal printer ribbon spools
• 1 Duplo Form Burster v-760 series
• 1 HP 4200TN Series Black & White Printer unit
• 1 Ultratec Superprint 4425 TTY unit
• 1 Compatible Modem Desk Telephone for TTY unit
• 3 Honeywell 4600 Series Standard Range Barcode Scanners
• 1 Black Flex Neck "Hands Free" stand for Honeywell barcode scanner
• 10 CCTV Magnification units currently on loan to patrons (various makes/models)
Dryer Lab Assistive Technology. Equipment and Auxiliary Devices
• 1 Dell Optiplex 760 series CPU units with accompanying monitor, keyboards, and mouse
• 2 Dell Optiplex GX 620 series CPU units with accompanying monitors, keyboards, and mice
• 3 GE table top microphones 3 sets of Logitech headphones
• 3 sets of tabletop PC speakers
8 of 91 P g c c c
• 1 Enabling Technologies Romeo Pro LE series Braille Embosser
• Remaining inventory of Braille embosser paper stock
• 1 Video Eye Tabletop magnification unit
• 3 sets of Bose Quiet Comfort Acoustic Noise Cancellation headphones
• 3 Victor Stream Library Edition Hand-held player devices with compatible headphones
Miscellaneous Furniture/Office Equipment
• 1 vertical file cabinet (4-drawer unit)
• 3 carrels for Dryer lab workstations
• 3 chairs for Dryer lab workstations
• Dryer Lab Adaptive technology wall signage
Other
• 3 cassette duplicating machines
• Remaining inventory of blank cassette units
• 2 manual keyboard Braillers
• LVPI specific software that the County may transfer pursuant to the software's licensing agreement
9 of 911:
Resolution #12158 June 7, 2012
Moved by Long supported by Matis the resolution be adopted.
AYES: Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nuccio, Potts, Quarles,
River, Runestad, Scott, Taub, Weipert, Zack, Bosnic, Covey, Crawford, Dwyer Gingell,
Gosselin. (22)
NAYS: Nash, Woodward, Gershenson. (3)
A sufficient majority having voted in favor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June 7,
2012, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 7 th day of June, 2012.
Bill Bullard Jr., Oakland County
F