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Whereas, the City of Easthampton has appropriated funds to purchase Library services for the residents of the City and to all other residents of the Commonwealth during the fiscal year; and Whereas, the Vendor C'Library"), will provide library services to the City of Easthampton according to Massachusetts Board of Library Commissioners (rvIDLC)standards; therefore The City of Easthampton (the "City"), and the Public Library Association of Easthampton (the "Library"), in consideration of the sum appropriated annually, agree that the Library will provide library services according to MBLC standards and this Contract.
1. DESCRIPTION AND SCOPE OF SERVICES
All residents of the City and all other residents of the Commonwealth shall have access to reading and reference rooms at the Library. The Library shall provide books and other related resources for the interest, information and enlightenment of the residents in accordance with 605 CMR 4.00, free library service. The Library shall employ a Library director, who meets all requirements as set forth by MBLC in 605 CMR 4.00 for certification, professional education, and experience.
The Library shall expend not less than fifteen (15) percent of the total budget for books and periodicals, and shall lend books to other libraries in the Commonwealth and extend privileges to the holders of cards issued by other libraries in the Commonwealth on a reciprocal basis according to ?v1BLCstandards. No charge shall be levied on the residents of the local community for the withdrawal of Library books in the regular circulating collections of the Library. A charge may be made however for pay and/or rental collections; for the lending of special media of communication such as recordings, films, pictures, etc. for special reference or research services such as preparation of bibliographies, photocopying, photostatting, faxing, abstracting, and for overdue materials. The Library shall remain open according to ?v1BLC standards. The Library may close for federal, state, and local holidays or acts of God. Open hours for the Library may be amended, provided fourteen (14) days written notice is given to the Mayor and proper notice is given to the public. The Library shall abide by all existing rules and regulations of the ?v1BLCto satisfy certification requirements. The Library will maintain basic youth library services that will include a minimum of thirty (30) hours per week of adult staffing, ongoing collection development and twice-monthly story hours.
2. PAYJY1ENTSFOR SERVICE
In consideration of the Library providing their services according to?v1BLC standards and this agreement, the City shall pay the Library a sum of money equal to or greater than the minimum amount required to receive the state funding identified in Section 2.5 of this agreement.
Notwithstanding any other provisions of this contract, payment of the funds identified in Section 2.1 will be made semi-annually, in two equal installments, provided that the reports, as required by Sections 4 and 5 of this agreement, have been properly submitted. Within thirty (30) days after the first day of July and January, the Library shall submit to the City an invoice in the amount of payment due for said period. Included with this invoice shall be the reports as required in Sections 4 and 5 of this contract. Payments shall be made as soon as possible after the receipt of each invoice, provided that the City shall make no payments to the Library until the City has received an invoice for the services to be provided and all of the reports as required by this contract. The City shall disburse, immediately upon receipt and without further appropriation, such funds awarded to the City by the Commonwealth through the Library Incentive Grant Agreement and the Municipal Equalization Grant Agreement in accordance with M.G.L. c. 78, and 19a, chapter 478 acts of 1987 and chapter 240 acts of 1989, as amended.
3. ALLOWABLE EXPENDITURES
Allowable expenditures for monies allocated under this agreement shall be spent as required to maintain operations according to .MBLC requirements for accreditation, including without limitation, (a) employing a qualified library director, (b) employee salaries and direct and indirect salary costs, and (c) all expenses relative to library operations, activities, books, programs, equipment and supplies. The Library will not make repairs or perform maintenance on their building or grounds under this contract. Capital expenditures shall not be undertaken with monies allocated by the City under this Contract.
4. REPORTING REQUIRE11ENTS
An annual budget of the Library for the periods covered by this Agreement shall be received by the City from the Library at least 60 days before the start of the new fiscal year. Budget Review: Semi-annually within 30 days being December 31 and June 30\ the Library financial report listing: (1) all revenues used and (2) all actual expenditures made in support of the review date (said dates shall provide to the Mayor a to support library operations of library operations.
In order to assure compliance with MBLC standards, within thirty (30) days after the end of each fiscal quarter (said quarters ending September 30, December 31, March 30 and June 30), the Library shall complete and submit to the City a quarterly performance report for the purpose of detailing all Library services provided to Easthampton residents and all other residents of the Commonwealth during said quarter. Such report will include, but not be limited to, the number of hours the library is open, the number of people served, and the number of books and materials loaned. Such report shall provide all information necessary to demonstrate compliance with MBLC standards and may be in the form of existing reports currently being compiled by the Library. The City and the Library agree to arrange quarterly meetings to discuss matters relating to the allocation of City funds under this Contract and to work on developing the long-range plan for providing library services for the City. At such meetings the Library Director, and members of the Library Board of Directors if they so choose, shall represent the Library and the Mayor, who may also be accompanied by a person or persons of his choice, shall represent the City. The Library Director will coordinate the long range planning process, which will incorporate a broad representation of Library constituents. The City reserves the right to require reasonable supplementary back-up material demonstrating compliance with MBLC standards with regard to the Quarterly Financial Report and/or the Quarterly Performance Report.
5. RECORD REQUIRENIENTS
The Library shall keep such full and detailed records, accounts, books, receipts, vouchers and other pertinent financial data and/or correspondence as may be necessary for the proper financial management of the monies given it by the City and agrees to make available for examination by the City and its designees, such records upon written request by the City within fourteen (14) days from such request. The Library further agrees to maintain and afford access to the City and its designees to all such financial data relating to this Contract for a period of six (6) years after the final payment to it by the City under the terms of this Contract. On or before September so" of each year the Library shall, at its own expense, provide to the City, from an independent accounting finn, copies of the certified audited financial statements of the Library, in accordance with Generally Accepted Accounting Practices (GAAP) , certifying to the use of the monies paid by the City in the previous fiscal year under this contract. Within 14 days of said filing, the Library agrees to provide to the City copies of any and all forms, documents or files provided to state or federal agencies pertaining to any aspect of Library or Library Association operations. These materials include, but are not limited to, State and federal Form 990, changes to corporate articles or bylaws and routine public disclosures pertaining to the financial status or the library corporation or any affiliate agency. All notices for, and all approved minutes of, any meeting of the Library Board of Directors or the Executive Committee of the corporation shall be provided to the City in a timely fashion.
6. REPRESENTATION The City shall be represented on the Board of Directors of the Library by two individuals who shall sit for terms fixed by the City. These individuals will be provided notice of all Board and Executive Committee meetings and shall have the right to attend and participate in such meetings as may from time to time be called by those respective bodies.
7. MODIFICATION Any amendment or modification of this Contract shall be effective only upon the mutual written agreement of both parties. Otherwise, no statement, promise or inducement made by any party here that is not contained in this written Contract shall be valid or binding.
8. INDEJ\.1NIFICATION The Library shall indemnify and hold harmless the City against any and all liability, loss, damages, cost or expenses relating to personal injury or property damage which the municipality may sustain, incur or be required to pay, arising out of or in connection with services performed under this Contract, by reason of any negligent action inaction or willful misconduct of the Library, a .person employed by the Library, or any of its subcontractors, provided that:
The Library is notified of any claim within a reasonable time after the City becomes aware of it, and
• The Library is afforded an opportunity to participate in the defense of such claim. • In such event, the Library shall have the right to approve any settlement negotiated:
The Library will maintain all insurance required by law for its employees, including disability, workmen's compensation and unemployment, and public liability insurance at least as hereinafter set forth so as to protect it and the City from any and all claims for personal injury and property damage for the entire term of the Contract: A comprehensive general liability insurance policy with the following limits of coverage. Bodily injury and property damage ($1,000,000.00) each occurrence ($1,000,000.00) each individual claim per occurrence, aggregate of all claims per occurrence. All of the insurance must be issued by an insurer licensed and authorized to do business in Massachusetts and which maintains an office in Massachusetts. The foregoing comprehensive liability insurance policy shall include the City as an additional named insured, at no extra cost to the City, and the certificate of the insurance relating thereto shall be submitted to the Mayor within fourteen (14) calendar days of the signing of this Contract.
Performance of services, in whole or in part, under this Contract shall not be subcontracted or assigned without prior written approval of the City. Interactions with the Internet, or similar activities, and services through the Massachusetts Library system shall be excluded.
11. TERMINATION The City, acting through its Mayor, reserves the right to terminate this agreement if services rendered by the Library differ substantially from services required by this Agreement or by the MBLC for certification. The Mayor shall inform the Library in writing of any breach of performance.
The Library shall have a right of appeal and a hearing in the office of the Mayor, before the Mayor or an authorized designee, within thirty (30) days after the receipt of such notification for the purpose of discussing said breach. The Library shall be afforded sixty (60) days from the conclusion of the hearing, if one is held, to correct said breach, and if hearing is not held, sixty (60) days from said receipt of notification to correct said breach. In the event said breach is not corrected to the City's satisfaction, this contract shall be deemed terminated. The City shall be liable only for payment of services rendered prior to effective date of termination. If the Library decides to terminate prior to expiration of this agreement, for just cause, they shall notify the City in writing sixty (60) days prior to termination.
12. TERM AND RENEWAL The term of this contract shall commence as of the first day of July 2012, and shall terminate on the last day of June 2014. The City, acting at its' sole discretion, reserves the right to extend this contract in accordance with M.G.L. c. 30B, as amended.
If any provisions or any portion thereof, contained in this contract, are held
to be unconstitutional, invalid, or unenforceable, the remainder of this contract or portion therefor shall be deemed severable, shall not be affected, and shall remain in full force and effect.
14. UNEXPENDED FUNDS Any funds actually paid over to the Library hereunder not expended at the expiration or termination of this Agreement shall be promptly returned to the City.
Signed as a sealed. instrument effective on the 30th day of May, 2012.
City of Easthampton:
Public Library Association:
Michael A. Tautznik,
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