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A G R E E M E N T

THIS AGREEMENT is by and between Winnebago County, a State of Wisconsin Municipal Corporation, hereinafter called "COUNTY," and the Winnefox Library System, a public library system organized in accordance with Chapter 43 of the Wisconsin Statutes, hereinafter called "WINNEFOX."

W I T N E S S E T H

WHEREAS, in accordance with Wisconsin Statutes, Section 43.15(4)(b), the County may participate in a federated public library system if it does all of the following:

      1. Adopts and maintains the plan of library service submitted and approved under ss. 43.11 and 43.13(1).

      2. Provides the financial support for library services required under ss. 43.15(2) and 43.12.

      3. Enters into a written agreement with the public library system board to participate in the system and its activities and to furnish library services to residents of those municipalities in the county not maintaining a public library, and

WHEREAS, the plan of library service for a county . . . (43.11[3][c]) shall provide for library services to residents of those municipalities in the county not maintaining a public library under Chapter 43. The services shall include full access to public libraries in the county participating in the public library system and the plan shall provide for reimbursement for that access. Services may include books-by-mail service, bookmobile service, the establishment of additional libraries or other services deemed appropriate by the committee (planning). Services may be provided by contracting with existing public libraries in the county or in adjacent counties or with the public library system or by creating a county library organization under Chapter 43. The plan of library service for a county may provide for improving public library service countywide and in municipalities that have libraries. The plan shall specify the method and level of funding to be provided by the county to implement the services described in the plan, including the reimbursement of public libraries for access by residents of those municipalities in the county not maintaining a public library.

WHEREAS, Winnefox has been organized and operates as a federated public library system within the meaning of Section 43.19 Wisconsin Statutes, and

WHEREAS, Winnefox, pursuant to Section 43.24(2) Wisconsin Statutes, must, in order to qualify for and maintain its eligibility for state aid . . . shall provide:

(a) Written agreements to provide, to any resident of the system area, the same library services , on the same terms, that are provided to the residents of the municipality or county that established the member library, except for the group programming preference under s. 43.15(4)(c)4., and to provide for the interlibrary loan of materials among all participating public libraries as evidenced by agreements with those libraries.

(b) Backup reference, information and interlibrary loan services from the system resource library, including the development of and access to specialized collections, as evidenced by an agreement with that library.

(d) Referral or routing of reference and interlibrary loan requests from libraries within the system to libraries within and outside the system.

(e) In-service training for and professional consultation with participating public library personnel and trustees.

(f) Rapid and regular delivery and communication systems for participating public libraries as evidenced by a written plan and service program. (fm) Electronic delivery of information and physical delivery of library materials to participating libraries.

(g) Service agreements with all adjacent library systems.

(h) Professional consultant services to participating public libraries and counties as evidenced by a written plan and a service program.

(i) Any other service programs designed to meet the needs of participating public libraries and the residents of the system area, as determined by the public library system board after consultation with participating public libraries.

(j) Continuous planning with the division (Division for Libraries and Community Learning, Department of Public Instruction, Madison; hereinafter referred to as "division.") and with participating public libraries and counties in the area in regard to developing the library materials collection to meet the service needs as evidenced by a written collection development plan.

(k) Promotion and facilitation of library service to users with special needs.

(L) Cooperation and continuous planning with other types of libraries in the system area which results in agreements with those libraries for the appropriate sharing of library resources to benefit the clientele of all libraries in the system area and a written plan for furthering cooperative activities among all types of libraries.

(m) Continuous planning with the division and with participating public libraries and counties in the area in regard to the library automation and technical services as evidenced by a written plan.

(n) That, if the system reimburses a participating public library for the costs of providing interlibrary borrowing services to an individual who holds a valid borrower's card of another participating public library, the reimbursement shall not exceed the actual costs incurred by the public library in providing such services. The department shall promulgate rules defining "actual costs" for the purposes of this paragraph.

WHEREAS, it is in the best interest of Winnebago County to contract with Winnefox to provide for the extension and development of library services described in the Long Range Plan of Library Service, hereinafter called the Plan, which is incorporated hereto as Appendix A.

NOW IT IS HEREBY AGREED as follows:

    1. The Winnebago County Board of Supervisors authorizes the Winnefox Library System to negotiate and execute such Agreements as are necessary to implement the Plan attached hereto for the calendar year 2002 and funding from the County for 2002 not to exceed $1,679,102 and to exercise such powers and duties afforded Winnefox under Chapter 43, Wisconsin Statutes.

    2. The County agrees to participate in the Winnefox Library System and its activities.

    3. The County agrees to provide financial support in the amount of $1,679,102 to implement the Plan for the calendar year 2002 and in a manner consistent with the methodology contained therein:

      a. The County agrees to provide the total County library appropriation of $1,679,102 for calendar year 2002 through a County tax levy pursuant to sec. 43.64, Wis. Stats.
      b. The Winnebago County Treasurer shall disburse to Winnefox the total 2002 County library appropriation of $1,679,102 in four (4) equal parts to be paid January 31, April 30, July 31, and October 31.
      c. The County recognizes the fairness and equity embodied within the funding formula and intends to make continued progress toward the goal of full formula funding.

4. The County shall be entitled to membership on the library boards of the participating libraries as provided in sec. 43.60(3), Wis. Stats. Appointment of County members of the library boards shall be made by the Winnebago County Executive subject to confirmation by the Winnebago County Board of Supervisors.

5. The County designates the UW Education, Extension & Agriculture Committee and the Winnebago County Librarian Advisory Committee as the Winnebago County Library Planning Committee.

6. An audit of borrower registration records of the participating libraries shall be conducted at least once every five years for the purpose of ascertaining that the registration procedures for borrowers are applied equitably to both city and county residents and that the borrower/circulation percentage figures described in the Plan are accurate. A process will be developed and agreed to by the County Executive, Winnefox Library System Director and the library directors. The cost of the audit will be included in this funding request. This section cannot violate provisions of sec. 43.30, Wis. Stats., Public Library Records which relates to the confidentiality of library records.

7. The parties further agree to work cooperatively to further improve public library service to County residents.

8. Winnefox agrees to provide such financial or operational reports of its activities as the County deems appropriate and desirable.

9. Winnefox will present a request for a County library appropriation in accordance with the County's budgeting procedures and, in accordance with 43.12 (2), will provide the County Clerk with the necessary circulation statistics. Terms of compensation will be covered under terms of this Agreement and Winnefox will distribute any such funds to the participating libraries on the basis of this and Member Library Agreements.

10. The term of this Agreement shall be (1) year effective 1/1/2002. This Agreement may be amended by mutual agreement of both parties.

APPENDIX A:

Long Range Plan of Library Service: - Winnebago County (2002-2005)

ATTACHMENT A: 2002 Winnebago County Library Services Levy Request

ATTACHMENT B

 

WINNEBAGO COUNTY, a State of Wisconsin Municipal Corporation, ("COUNTY")

 

Jane Van De Hey, Winnebago County Executive

 

Date

 

Susan Ertmer, Winnebago County Clerk

 

Date

 

WINNEFOX LIBRARY SYSTEM ("WINNEFOX")

 

Merry Whipple, Winnefox System Board President

 

Date

 

John V. Nichols, Winnefox System Director

 

Date

Updated January 10, 2003