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HomeMy WebLinkAbout1989 Ordinance No. 002CIIDINAOCE 00. d--, SEl!IES OF Mlllt-1989 BY Al1l1IJII'1Y CXXN:n. BILL 00. 49 nmoxx:ID BY cxxn::n. MEMBER IW!lllICfl' AN CJIDINAOCE APPRIJ!.'100 RENEW.I. AGREEM;Nl' BE."lWEEN THE CI'l'l!' C"i' ENG!.El·i:JOO AND CENmAL CXJLClWX) LIBRARY SYSI™ FCR Pl\RTICIPATICN IN '11!E Cl:Nl'Rl\L CXlLCJWlO LIBRARY SYSI™ PUBLIC LIBRA'RY JID:IPROCAL ~ PRCGIW!. ~l!ERF.AS, central Colorado Library System (cx:LS) is the Regional Library Service System in which Engl"""""1 Public Library participates: and WHEREAS, CCLS has sul:lnitted a renewal agreement to the City c,f Engl-,od for continuation of a program currently in effect, which agreement relates to reciprocal borrowing of library materials by the general public served by participants in the program: 10'1, THEREFCllE, BE IT CIIDAINED BY THE CI'l'l!' CXXJNCll. OF '11!E CI'l'l!' OF ~OJD, CXJLClWX), THAT: Section 1. The Renewal Agreement for Participation in the Central Colorado Library System Public Libr·ary Reciprocal Borrowing Program bebleen the City of Engl-,od and central Colora<'.:, Library System is hereby apprc,ved. The Renewal Agreem:mt generally provides: 1. '!he agreemant is for the period October 1, 1988 through Septerrber 30, 1991. 2. Both parties agree to endorse, abide by, and be subject to the Rules f or ~ration and Aaninistration of the program. 3 . '!he Central Color ado Library System functions as the agent of the body of participants in the program. 4. The agrearent may be ternti.nated at the end of any one-year period at the option of the participating jurisdictions by written notification not later than sixty days preceding the date of intended ternti.nation. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest said agrearent for and on behalf of the Englewood Public Library. Introduced, read in full, and passed on f irst reading on the 19th day of Decerrber, 1988. Published as a Bill for an ordinanCfl oo the 21st day of l)eCel1t)er , 1988 . Read by title and passed on final reading oo the 3rd day of January, 1989. Published by title as ordinanC" No • .:CJ_, series of 1989, on the 4th day of January, 1989. ~ ~ 0<'" t/4: , j fusanifan Dyke, Mayor {. Att.,t: 0'.e-k~ .,<, y/()d Patricia H. crcM, City Clerk I, Patricia H, crcM, City Clerk for the City of E)l<Jlewood, Coloracb, hereby certifY the aoove and foreqoing is a true cq,y of the ordinanc:" passed on final readi..,q and published by title as ordinanc:" No. .2:J.._, series of ~~-#-~ 1989. i>atricaH.UCM October 1, 1988 Renewal Agreement for Participation in the Central Colorado Library System PUblic Library Reciprocal Borrowing Program Whereas, CITY OF FNGI Fwoop is a political subdivision of the State of Colorado located within the boundaries of the Central Colorado Library System, and maintains and operates a ~ublic library, the ENl;i,E WOOD PU BLIC LIBRARY and Whereas, CNGI r:waan PIIBI IC I TBRARY desires to pa rtic ipate in the Public Library Reciprocal Borrowing Program operated and administered by the Central Colorado Library System; now Therefore, hereby agrees: CITY OF ENGLE WOOD 1) To participate in the Public Library Reciprocal Borrowing Program for the period commencing 1 October 1988 and continuing through 30 Se pt.ember 19 !11 2) To endorse , abide by, and be subject to the rules for Operation and Administration of the program, which Rules are attached hereto and inc orporated a s a part of this agreement . It is understood that this agreement i s a joint agreement among the program participants, and that the Cr::ntral Colorado Library ~y ,st-3:ir, f ~u1,:ti ons, i n acl:ni n istr ut icn of the program, as the agent of the body of participants. It is further understood that this agreement may be terminated at the end of any one-year period, at the option of the participating jurisdictions . Notice of intent to terminate participation must be made in writing to the Director of the Central Colorado Library System, not later than sixty (60) days preceding the date of inteded termination. It is agreed that termination of participation is considered a permanent act, and that no warranties regarding reinstatement of a terminated participant are made by the body of pJrtir.ipants or the Central Colorado Library system. C•ntral Colorado l.ibrary Sy•lem :,x11:i ~1 ar!<i h;i ll Stn•t•t \\'lll'at Hitl l!t '. l ·olnr,u l11 l:lll:1 } •1~~·1 1!il1 Suih• :!11-1 HIH l:1:1 Page 2 Therefore, THE CENTRAL COLORADO LIBRARY SYSTEM hereby agrees: l) To fulfill its responsibilities as set forth in the Rules for Operation and Administration of the Program, which rules are attached hereto and incorporated as a part of this agreement. Agreed this ____ day of _____________ _ 19 at Englewood, Colorado. (Seal) A Colorado Political Subdivision by: Title Date ______________________ _ Rules for Operation and Administration of the Central Colorado Library System PUblic Library Reciprocal Borrowing Program Section 1. Description 1.1 The Public Li brarr Recipro<.:"1 nc.rrow i r,,;i Program (Program) is a program to provide citizens of each participating jurisdiction with access to public library reuources of all other participating jurisdictions, regardless of tax jurisdiction or geographical boundaries . A valid library borrower's card issued by any participant can be used to borrow materials from any of the other participating jurisdiction's public library facilities . The borrowing patron may return material borrowed from any participant public library to any other participant public library . 1.2 The program provides for the reimburse ment to net lender participants, as herein defined. Thi s reimbursement is in part subject t o the availability of State of Colorado funding provided to the Central Colorado Library System for this purpose. The reimbursement amount is intended to recognize the value of the loan service prov i ded by the lender participant , although the amount may or may not represent the actual cost to the lender cf processing eligible transactions, as herein defined. l.J The Program charges net borrower partici pants as h e r ejn d ~fi n~d for th e net usP. o f o t her p a rt icipa nts• libra r y r esources . Section 2. services Inc luded 2.1 The Program provides only for the borrowing of circulati ng materials from participating public libraries . Other rela ced library services may be ~rovided by participating public libra ries at their discretion, but other s e rvices are not subject to these rules. l ,•nlral Colorado l.lhr ary Sy•lc m :tMl:i ~l;1r:,.hall :-;1n·t ·I \\'1 11';11 Hi tl t.!t ', l 't 1ln 1.id11 i:111:11 ,1~~-1·1:itl :-i 11 i1t •:!O-I ~tHl:U Page 2 2.2 Borrowing services to other participants' patrons are provided without regard to whether the patron could have been served by the patron's own jurisdiction's library. section 3. Definitions 3.1 l!AtJ.:9n -A person holding a valid public library borrower's card. 3,2 ~ -The Central Colorado Library System Public Library Reciprocal Borrowing Program. 3.3 Participant -A political subdivision of the state of Colorado that provides public library service that : 3.3 .l is located within the boundaries of the central Colorado Library system; and 3.3.2 has provided a legally-approved agreement to participate in the program to the Director of the Central Colorado Library System. 3 .4 Net I.ender -A participant that loans more eligible transactions to other participants' patrons than its own patrons borrow from other participants. 3 .5 Net Borrowor -A participant whose patrons borrow more from other participants than it loans to other participants' patrons. 3.6 Net Loans -The number of eligible loan transactions that exceeds the number of eligible borrowing transactions for a participant. 3.7 Net Borrowing -The number of eligible borrowing transactions that exceeds the number of eligible loan transactions for a participant. 3.8 Eligible Transacti on -A transaction that i s subject to charge or eligible for reimbursement under the Program. A transaction is only eligible when the jurisdictions that are party to the transactior do not lie in whole or in part wi thin the same county. Page J section 4. Responsibilities vf Participants 4.1 Participants in the Program must first agree to participate and to be subject to these rules, as evidenced by execution of an authorized agreement, the affixing of the jurisdiction's seal to the agreement, and the receipt of the original agreement by the Director of the Central Colorado Library System. Upon said receipt, participant shall be entitled to all privileges of the Program, and subject to all responsibilities inherent in participation, as defined in the agreement and these rules. 4.2 Participants will allow the patrons of other participants' libraries, upon presentation of a valid borrower's card i3sued by any participant, to borrow from ~articipants' public library collection any and all material that participant would allow its own public library patrons to borrow. 4.J Participants will keep accurate and timely records in a form determined by the Central Colorado Library System, of each and all eligible reciprocal borrowing transact!.ons. Participants will provide to the Central Colorado Library System a record of said transactions at the end of each calendar month. Partic.pants will include in such record only transactions that are eligible transactions under these rules, and participants are ,:pecifically responsible to ensure that only eligible transactions ar~ i1~r.luded. 4.4 Participants will promptly pay to the Central Colorado Library System any and all amounts due by virtue of participation in the Program, as evidenced PY the number ~f net borrowing transactions for a given period, determined by application of the formula herein provided. section 5. Refil2Qnsibilit ies of the Central Colorado Library system 5 .1 The Central Colorado Library System (System) Director and Board of Directors are responsible for the operation and administration of the program, on behalf of the participants . 5.2 The system is responsible for the prudent safekeeping of participants' and State of Colorado funds deposited with the System for subsequent distribution according to these rules. Page 4 5.3 The System will tabulate the monthly records submitted to the System by partir.ipants, and will report, no less frequently than once each calendar quarter, the overall sum of all eligible transactions for each month. 5.4 The System will, during the month of May of each year, calculate the amount of charge or reimbursement for each participant for the next upcoming fiscal year, according to the formula herein provided, and will provide each participant with a statement of the charges and reimbursements of all participants for the upcoming fiscal year. 5.5 The system will, during the month of August of each year, disburse to participant ne~ lenders the amount due to each un der the formula herein provided, which amounts will Le equal to the amounts included in the statement of charges and reimbursements provided to participants during M?.y of the previous calendar year. 5.6 The System will, during the :nonth of April of each year, invoice and bill each particip::'lt net bar.cower for the amount due from each under the fonnula herein provided, which amounts will be equal to the amuunts included in the statement of charges and reimbursements provided to the participants during the previous May. Sueh amounts to be due and payable t o the Central Colorado Libraty System within 30 days. section 6. Charges and Reimbursemen.U 6.1 Amount -Each net loan as herein defined will be reimbursed to net lenders, as follows: 6.1 .1 for the period beginning October 1988 and ending 30 September 1991, the amount of fifty -five cents ($0.55) per net loan. 6 .2 One-half the amount of the above reimbursement will be provided by charges to par~icipant net borrowers. One-half of the amount of the above reimbursement is provided by the System from funds provided to the System for this purpose from the State of Colorad~. In the event that such funds are not provided by the State of Colorado, the System assumes no liability for payment to participants of this second one-half share . Page 5 6.3 Zach net borrow as herein defined will be charged and billed to net borrowers as follows: 6 .3.1 for the period beginning 1 October 1988 and ending 30 September 1991, the amount of twenty- seven and one-half cents ($0.275) per net borrow. 6 . 4 .f:l2lJDll.lA 6 .4.1 eligible transactions for purposes of calculating charges and reimbursements under the Program are c~tPrmi ned according to the following formula • • .....-6 . 4. l. 2 for the period beginning after 30 ~-eptember 198/11 actual transactions reported to the System for the thirty-six (36) months preceding the current calendar year, divided by thirty-six (36) and multiplied by twelve (12). section 7. Revisions to the Rules 7.1 These rules may be changed, revisAd, amended, or altered as necessary to ensure orderly operation of the Program, by approval of the Board of Directors of the central Colorado Library system, and of a majority of the library directors of the then-active participant jurisdicti ons . 7.2 In addition, for so l ong as State of Colorado funding is provided to the system specifically for the Program, revisions to these rule~ are subject to the app r oval of the Colorado state library. -End - DATE December 14, 1988 INITIATED BY ACTION PROPOSED INTRODUCTIO!i' COUNCIL COKKUNICATION AGENDA ITEK 11 (Jl,) SUBJECT Library Advisory Board CCLS Pu blic Library Reciprocal Borrowing Program Council review and approve the Agreement by ordinance . At its meeting of December 13, 1989, the Englewood Public Library Advisory Board approved the Renewal Agreement for Participation in the Central Colorado Library System (CCLS) Public Library Reciprocal Borrowing Program for the period comme ncing ~ctober 1, 1988, and continuing through September 30, 1991. ,.BACKGROUND The Englewood Public Library has participated in the CCLS Reciprocal Borrowing Pro • gram since the program's inception in 1976 . In 1984 t he Agreement was modified to exc lude intracounty reciprocal borrowing . The City contracts separately with the Arapa!ioe L~brary District for reciprocal borrowing services . There are no contracts wlth the Littleton, and Aurora public libraries--reciprocal borrowing occur s, but in recogn it ion of the need for inter-library cooperation within che County no payment is exchanged . ::he Program provides access to area public library circulation services for Engle • wood residents. In l :'87 Englewood residents borrowed 3 ,961 items from participating libraries. Conversely the Program provides for direct use of the Englewood Public Lib r ary circulation services for Englewood non-re sidents. Th e program promotes the shared use of public library resources throughout the Denver metropol itan area . FINANCIAL IMPACT Participating agencies are reimbursed at the rate of $0 . 55 per net loan made under the program . Of this amount $0.275/net loan i s paid by the State of Colorado through CCLS, a state established and supported regional library service system. The matching $0. 275/net loan is funded b:; the local libraries whlch are net credi• tors under the program. CCLS does not guarantee the continuing availability of the ..-,tate subsidy throughout the life of the multi-year Agreement . The subsidy has been .-n effect since the inception of the program in 1976 . ~he Englewood Public ·~ibrary has been and, I believe, will continue to be a net 'Wi"on dor under the program. Therefore the Agreement generates income for the City of Enr,l ewood . This income fluctuates from year to year depending on patterns of library u s 11ge by Englewood residents and non-residents, There is also evidence of a down- word trend in income to the City via the Agreement. Income via the program in re- cent years is as follows : 1986 $18,967 1987 $18,502 1988 ClG ,922 1989 $15,965 (estimate) RECOMMENDED ACTION It is the recommendation of the Library Board and staff that Council approve the Re new al Agreement . Its provisions provide access to other public library resources for Englewood residents and promote sh:!red use of public library resou,·c ltrough - out the Denver metropolitan region . Past Agreements have generated incoL Jt the City of Englewood and it is predic ted that the Englewood Public Library wi ll con- tinue its net lender position under the Renewal Agreement which covers the ;'l!riod 1988-1991.