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HomeMy WebLinkAboutBraille Institute - 1984-10-15 REQUEP FOR CITY COUNC ACTION Submitted to: Honorable Mayor and City Council Date October 2 1 SS+ I Gum- Submitted by: Charles W. Thompson, City Administrato � y pRoV.V 9 Prepared by: Melvin M. Bowman, Director, Community ervice Subject: AGREEMENT WITH BRAILLE INSTITUTE Statement of Issue, Recommendation,Analysis, Funning Source, Alternative Actions, Attachments: *L_ STATEMENT OF ISSUE: The City can better serve the physically handicapped, visually impaired, and the blind by providing materials directly to them through the library. RECOMMENDATION: Approval of the agreement between the City and Braille Institute of America. ANALYSIS: Materials can be made directly available to handicapped individuals through the library without engendering additional financial responsibility for those items distributed. Responsibility of the lending agency, i .e . , the City of Huntington Beach, will be limited to having only custodial responsi- bility for all sound reproducers and other reading equipment accessories , and taking normal security precautions for their safe keeping. The Huntington Beach City Library will also maintain an inventory control of all sound reproducers and other reading equipment, including an inventory of the number of machines received and their assignment to individuals , and maintaining files of that assignment: In addition, Library staff will instruct potential users of the equipment on its care, and notify the Braille Institute of change of address . There is a 6-months termination notice. No direct funding is involved. Some of the materials are also available in Spanish. ALTERNATIVE ACTION: Council may refer the subject to staff for further study. Council may reject the proposal . ATTACHMENTS: License Agreement MNIB:cs 13 LICENSE AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND BRAILLE INSTITUTE OF AMERICA., INC . FOR SOUND REPRODUCERS AND OTHER READING EQUIPMENT THIS AGREEMENT is made and entered into this_ day of Q360 , 1984, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter called "CITY, " and BRAILLE INSTITUTE OF AMERICA, INC . , a duly organized and existing corporation, hereinafter called "INSTITUTE," located at 741 No. Vermont Avenue, Los Angeles , California 90029. WHEREAS, under Section 135a-1 and 135b of Title 2, U.S.C. , (attached to this agreement) the Division for the Blind and Physically Handicapped in the Library of Congress is re- sponsible for planning and conducting a national program of bringing free reading materials to the nation' s blind and phy- sically handicapped residents ; and Execution of such program includes selection and procurement of reading materials and their distribution through a network of cooperating libraries and agencies; and Pursuance of this program involves the loan to, and use by blind and physically handicapped readers of reading ma- terial in a variety of non-print formats and appropriate equip- ment for their use which is the property of the Library of Congress and is distributed by cooperating libraries and agencies; and 1. The Braille Institute of America, Library (herein- after "INSTITUTE" ) has signed an agreement with the Library of Congress, Division for the Blind and Physically Handicapped (hereafter Library of Congress) , whereby they agree to enter a written agreement with the City of Huntington Beach (here- after "CITY" ) so that CITY may assist in the distribution of sound reproducers and other reading equipment . NOW, THEREFORE, in order to cooperate in .making sound reproducers and other reading equipment available to the blind and physically handicapped, the parties hereby agree as follows : 1. ELIGIBILITY Eligibility, its determination and certification is specified in 36 CFR 701.10 . 2 . ELIGIBILITY APPROVAL The Lending Agency which is also the Regional Library in Southern California, because of its responsibility for the ongoing provision of library service, is the agency re- sponsible for approval of eligibility within its region. The Library of Congress is responsible for de- cisions on final eligibility at the national level and for re- solving questionable instances of eligibility when agreement cannot be reached at the local level. 3. COPY FURNISHED TO LIBRARY OF CONGRESS A copy of the signed agreement will be furnished to the Library of Congress. 2. 4 . TRANSFER OF SOUND REPRODUCERS AND OTHER READING EQUIPMENT Sound reproducers and other reading equipment re- main the property of the Library of Congress. Equipment in the possession of CITY remains under the jurisdiction of the INSTITUTE. Upon receipt of instruction from INSTITUTE, CITY will ship all or any portion of unassigned inventory as re- quested by INSTITUTE. 5. RESPONSIBILITY OF INSTITUTE Subject to the availability of sound reproducers and other reading equipment and accessories from the Library of Congress , INSTITUTE will obtain and distribute such equipment to CITY. INSTITUTE will be responsible for overseeing the repair and maintenance of sound reproducers and their read- ing equipment and accessories distributed to CITY. When avail- able such repair may be done by Telephone Pioneers, located within the service area of CITY in coordination with INSTITUTE. INSTITUTE will maintain effective liaison with the appropriate CITY. representative in their joint effort to provide the best service possible. INSTITUTE will furnish appropriate forms for CITY in order to facilitate its record-keeping process. 6. RESPONSIBILITY OF CITY CITY will serve all persons eligible for service 3 within its designated service area. CITY will have custodial responsibility for all sound reproducers, other reading equipment and accessories to it , and will take normal security precautions for their safe- keeping. CITY will maintain inventory control over all sound reproducers and other reading equipment assigned to it , and will provide the following information with reasonable promptness : (a) Number of machines received from INSTITUTE, date of receipt , and number on hand awaiting assignment , by model number and serial number. (b) Number of. machines being repaired, model number and serial number. (c ) Number of machines assigned, providing ac- cess to location information by the name of the person or in- stitution holding the machine, which file shall include the type of machine and serial number. INSTITUTE will maintain central files of machines assigned at CITY by type of machine , serial number and by the name of the person or institution holding the machine. (d) The number of accessories received, assigned, and on hand, by type of accessory. CITY will make available all pertinent files to duly authorized representatives of INSTITUTE and the Library of 4. Congress or of the General Accounting Agency, if requested, Records relating to recipients of Library of Congress reading equipment are confidential except for those portions defined by local law as public information, It is the responsibility of CITY to inform the reader at the time he makes application for service of the extent to which the information provided may be released to other individuals,. institutions , or agencies . Theft of equipment will be simultaneously re- ported to the local police and INSTITUTE as soon as discovered. However, risk of loss shall be upon INSTITUTE. CITY should provide personal delivery of equip- ment and accessories . Where this is not possible, CITY, using the free mailing privilege, will employ the United States Postal Service as carrier for the transportation of Library of Congress supplies , equipment , and accessories . 7. INSTRUCTION TO USERS It will be the responsibility of CITY, where possible, to instruct readers regarding: Care of equipment How to avail themselves of free repair service on equipment Notification of change ofaddress, change of eligibility status, or desire to discontinue service to CITY 5 . 1 .f i • Necessity of notifying CITY when taking sound re- producers and other reading equipment to another jurisdiction of INSTITUTE'S service area. 8 . In case of a reader moving outside the jurisdic- tion of CITY, INSTITUTE shall be notified. 9. TERMINATION It is understood that this agreement may be ter- minated by either party upon six (6) months written notice . Failure by either party to adhere to the provisions of this agreement will be considered just cause for its termination. This agreement is subject to annual review. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers the day, month and year first above written. BRAILLE IN TITUTE OF CITY OF HUNTI GTON BEACH AMERICA C . (INSTITUTE) a un' cipal rp ration (CITY) By By R. W. Kirbey, Executi e Director ATTEST: l APPROVED AS TO FORM: City Clerk 40 1.7hl City Attor ear REVIE ND APPROVED: INITIATED AND APPROVED: City Admz istrator Commu ity Services Director 6. � � �. CITY OF HUNTINGTON SEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK October 17, 1984 Braille Institute 741 N. Vermont Avenue Los Angeles, CA 90029 Attn: R. W. Kirbey, Executive Director The City Council of the City of Huntington Beach at its regular meeting held Monday, October 15, 1984 approved a License Agreement between the Braille Institute of America, Inc., and the City for sound reproducers and other reading equipment. Enclosed is a duly executed copy of said agreement for your records. Alicia M. Wentworth City Clerk AMW:CB:bt Enclosures CC: Max Bowman, Community Services Director Robert Sedlak, Finance (Telephone:714-536-5227)