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HomeMy WebLinkAboutResolution No. 1973-58 ,y : MICROFILMED _ .4-10-80. RESOLUTI N 173-58 AUTHORIZING THE MAYOR1OF THE CITY OF CAPE CANAVERAL AND THE CHAIRMAN OF THE CAPE CANAVERAL LIBRARY BOARD TO EXECUTE A LIBRARY CONTRACT ON BEHALF OF THE CITY WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA; . PROVIDING AN EFFECTIVE DATE : - WHEREAS , THE CITY OF CAPE CANAVERAL , FLORIDA HAS ' CREATED A FREE PUBLIC LIBRARY FACILITY AND HAS A 0 LIBRARY BOARD PURSUANT TO SAME ; AND WHEREAS, THE LIBRARY BOARD HAS REVIEWED AND APPROVED A LIBRARY CONTRACT A COPY OF WHICH IS ATTACHED HERETO, WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD 'COUNTY, FLORIDA, • THE GOVERNING BODY OF THE BREVARD COUNTY FREE PUBLIC LIBRARY i DISTRICT ; AND WHEREAS , IT IS DEEMED IN THE BEST INTERESTS OF THE RESIDENTS OF THE CITY OF CAPE CANAVERAL AND ADVISABLE TO ENTER INTO THE LIBRARY CONTRACT AS AFOREMENTIONED. NOW THEREFORE , IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL , SECTION-J . THAT THE MAYOR OF THE CITY OF CAPE CANAVERAL , FLORIDA AND THE CHAIRMAN OF THE CITY LIBRARY BOARD BE AND ARE HEREBY AUTHORIZED : 'G EXECUTE A LIBRARY CONTRACT A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF WITH THE BOARD OF COUNTY COMMISSIONERS OF THE BREVARD COUNTY FREE PUBLIC LIBRARY DISTRICT. SECTION 2 . THIS RESOLUTION SHALL BECOME EFFECTIVE • IMMEDIATELY UPON ITS ADOPTION: 0 ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL , FLORIDA THIS 4TH DAY OF DECEMBER , 1973 . " Vii, CANII j�9 N o. � t• C/Z. . . s-: i® ' y -, .- r . �e � rayor .. U7 ,s r n ,f, '130.-- �0� ,i`•;A1 TEST:2 ' ;�` gar t . "A' ; ; �;. 1 s/i- +�°� +� +� r �v NAME YES NO ABS I Y;44.471 • MACLAY X . A'P..KOVED- AS TO FORM: RHAME RUTKOWSKI � .-.go • SALVAGGO �_ City Attorne, • . ill THURM X .� LIBRARY CONTRACT THIS CONTRACT entered into this 6th day of Decaffber 1973, by and between the BOARD OF COMITY COWMISSIONERS OF BREVARD COUNTY, FLORIDA, as the governing body of the Brevard County Free Public Library District, hereinafter referred to as the "District ", and the CITY OF CAPE CMAVrRAL , hereinafter referred to as the ,.City". WITNESSETH: l•HiFRFuIS, Chapter 72 -480, Special Acts of Florida, 1972, created a special district known as the Brevard County Free Public Library District of which the Board of County Commissioners of Brevard County, Florida, is the governing body; 11HEREAS, said Chapter 72 -480 became effective upon approval by a majority vote of the qualified electors within the District of the levy by the District of a tax not to exceed one mill for the establisl ent, operation and maintenance of a free public library service; WHEREAS, upon Chapter 72 -480 becoming effective, the assess- ment and levy of taxes provided under said act became the exclusive levy for library purposes by the Board of County Commissioners of Brevard County and the authority of said Board to budget and levy ;additional taxes for library purposes within its general fund was revoked; UREP.EAS, the Board of County Commissioners of Brevard'Caunty, Florida, is the recipient of funds provided by the Secretary of State o;: the State of Florida through the Division of State Library services and funds provided by the federal government- through the Library Sorvices and Construction Act under the plan of operation approved by the United States Depactment of Health, Education and Welfare; ...._:L':TS,. said state and federal funds are provided for the __...•gib l.ish ^ent of a free public library system within Brevard County; .:, ...�....,. t'--- City of Cane Canc,ve,_,l_ iuc Crc,,tod a, free n�.iMic: t.ibrary facility and operation; wu En"S, it is the intent of the parties to enter into this tablish a free public library system within contract in order to es Library District and to provide for tile Brevard County Free Public the establishment, operation and maintenance of a free public library system within Brevard County with the tax levied under the authority of said Chapter 72 -480; NOLJ, THEREFORE, in consideration of the premises and the promises and conditions contained herein it is mutually agreed between the parties as follows: 1, The City of Cape Canaveral free public .library, herein- after referred to as the "Library", is heraby''designated as a free the Brevard County Federated Public Library public library within -13 of ordinance Llo. 72 -1 System under the provisions of Sectionl7 of the Brevard County Code and Chapter 72 -480, Special Acts of Florida, 1972. act is to include the Library 2. The Purpose of this contr within the free public library system established by the Drevard County Free Public Library District; to provide for the administra- included tion, operation and maintenance of those libraries within the Free public Library District; to provide and arrange for the es ,. books, supplies, materials, equipment, buildings, faciliti the Library; furniture and funds necessary for the operation of and to coordinate the providing of a county -wldo free library service between the Library and other libraries included within the Brevard county Free Public Library District. 3, The term of this contract shall be from October It 1973, through September 30, 1974. 4. The District hereby agrees to allocate for the opera- tion of the Library during the term of this agreement- the sum Of $37,700, for expenditure in conformity with the Operational Budget attached hereto as "Exhibit A ". Said funds shall be expended according to the administrative and accounting procedures and policies established by or. applicab lc to the Board of County Com- ❑i.!; ioncrs of Drevard County, Florida, for the budgeting and Said funds shat b., subject to LIju -::ounting of public funds. restrictions, provisions and policies Olicicls clPPI-icable to the sidloptrid by the Board of County Commissioners Of nre%raref County, Florida, its pcovid.-2d by 5. The administration of tha Operation and maintenance of Lite Library shall be performed by a Library Director under the itt'Izainistrative coordination of a Library Coordinator employed by the District. Said Library Coordinator shall have the following duties and responsibilities in the administrative function of the brevard County Free Public Library System: (a) Formulate programs and the providing of resources, Policies, procedures and administrative controls for the performance of the administration of the free public library service within the District in consultation with the library directors. (b) Recom-tend the employment and discharge of the Library Director of the Library. (c) Establish and maintain such records, statistics, reports and procedures as nocessax-1 to insure compliance within the ndiiiinistra.- tive function of the free public library service within the District with all applicable laws, policies, ordinances, resoltiLionri directives and regulations. (d) Evaluate and racorv.end to the Coordinator of -,Ile I.,,duca- Lional Services Division of Brevard County government and the Drev,!rd County Federated Public Library Board programs, policies, procedures and methods to increase the efficiency and effactivniies-, of the administrative function of the free public library service within the District. G. The Library Director of the Library shall have the fo:].Ic.;,- ZtO1-.1iniStra'1iVO rVSDonsibilities: (,a) Appoint and discharge all cinployeer. or Lite Ljbrrry F.hor.izeil in the OpcaraLiUrlill DU1.11jiet attached ii,,!rvto its A". (h) Coordin'ti-:e and su.nervit;,! 111c kld7liaisL1:ai-.Lv,1 i,i lily o: '.!I-. v. `C! tc:,- 3. whir Lhe Operational Ludgot and established policies and procedures ,!pplicable to the Library. (c) Serve as it liaison betrre>_n the governing holy of the Ci.f:y or Library Board of the City, if any, and the Library Coordinator ().`. the District on library matters including the formulation of library programs. (d) Approve the acquisition and replacerant of books and oi:lior resource materials within the limits of the Operational Budget attached hereto as "Exhibit A" and under the established policies and procedures applicable to the Library. 7. The governing body of the City, or a Library Board established by the City, shall have the following duties and responsi bilities: (a) Employ and discharge the Library Director of the Library. (b) Establish the hours of operation for the Library. (c) Advise and consult with the Library Director in the p ::rformance of the administrative responsibility for the operation r.nd maintenance of the Library. (d) maintain the structuros, buildings, parking facilities end tangible property used by the District under the provisions of agrea:ment. (e) Iteview and make reconmendations on the District', proposed operational budget for the Library for each fiscal year emnd submit such recommendations to the District in time manner and v iihin Lhe time required by the District. Create, Poster and coordinate interest by the local c;;r:_unity in the operation and maintenance of the Library. Y.. All employees of the T.ibrary shall renain employees of City. The: District shall establish unifor-m job categories, pay c:l.(ma;s.ifications and ..,_ri.L• increase schadule:: for all employees of .. .,__ries r, :ithi.rt the D.is`.r.ict. No ye_i; shall be eraploy-ed by L!,.:-- Libraary with the alLocal:cd under this contract' except la ;ihr_ Job ca.L_gorEns -Un!A.L;hi d in the 0:r.c,,.Licnal Dudgo.L atiLach.e­1 horato !r; "rxhibit A". (ompLoye., ::hall b*! compansated wikh the funds allocated under. this cont-act at a rate higher than the established pay CIUSSMCation art,,[ merit increase schedule applicable to said .job categories ustab- 11shed in the operational Budget attached linroto as "I:xhibit A". Nothing contained heroin shall be construed to prohibit the City Prom employing additional anployees or providing for additional compansaLion and merit schedule increases from funds other than the 'funds allocated by the District under this contract. 9. The City hereby agrees that for the term of this contract all existing structures, buildings, pariting facilities, books, furniture equipment and other tangible property currently being used by the Library shall be used exclusively by the Library to provide library service under the provisions of this agreement. lothing contained herein shall be construed as a transfer of ownership of ctny such property but rather such use is solely ior the purpose of granting the District the right to use said facilitics and property - in furnishing library services as specified under the provisions or dais agre =meet:, :1.0. C.ity hereby agrees to pravide all necklssLry r-x,ir, and maintenance:, excluding normal housekcaoing and janitoriaj tic said structures, buildings and parking facilities, including but riot limited to plumbing, heating, coo.Mng, vO-nLj*jL- tion, painting and maintcnenco of surrour-Ung grounds and parking In addition, Lh3 City agrees to provid:- -;ufficinnL fire, theft and casaialtv insurance for !inch s;tructures, huildincJ s, parking .P.cilit:iw; anti tangible property and co-insurc, the D.Intrict for a'- pron.crhy Identified in paragraph 13 below. Such "E insurability shall bn furnish^ 'i Lhe District by Octob r 1, 1973. !:,, :inch tanqUAn property owned I,,,, Lh:! City w;ed by t.!J(! 5- u.is Cr_ict .,s provided herOLft can be d.is os� p cd or. by r'' 1 t the Wshrict with - l:a P ='.ion trritL•en approval of the governing body of tha City. .ing and .7.1. The District hereby agrees to provide nomal housclkoen- DO::rsti 7_n Budget. � services from the funds a:ilocaLed above in the _ onal Budget. 12. The District hereby agrees to provide at nll times during this contract,crithout cost or. expense to theCiF.y policies 0f insurance generally known as public liability policies insuring Che City against all claims, demands, causal of -action t ✓hatnsurin for injuries received or damage to property in connection with the u::e, occupancy, management and control of the : 'ct,library build ing. Such policies of insurance shall insure the City in an amount not less than Three Hundred Thousand Dollars ($300,000.00) ia'con nection with one particular accident or occurrence that may arise or be claimed to arise against the city. 13. All boos, literature, supplies, equipment, furniture, . materials and tangible property purchased.witlT the funds allocated under, this agreement shall be titled in the name of the District and accounted for and disposed of in the manner provided by law for U:e accounting aad disposal of county property. All purchases ith r.cah fm ?ds of boo <s, .literature, : ;uo w plies, ecuipamnL, furniture, urials and other tangible property shall be rlacle according to Lha cenLraliced purchasing policies and procedures adopted by the Board Of County Corlissioners of Erevard County, Floridn, or applicablo Lo Urevard County under law. All donations of monies, boo.... r•.• , literaL•uro, supplies, equip - ;12at, furniture, material., and tangible property to the Library shall deemod property of the Library unles s such donation c:pccifies th:: 00- IaLion is made to the District; , t:n`_. .ing conta"cid herein shall ba constr sad as a Lrctns£er to L112 DiatricL of such r)roonrty 0:oned 1 -,y tha 1ibrary i,Y the hr. ry vi.L'i . 0n:_,:t. su:rt 6. those funds of the District allocated to the Library under the provisions of this ngreer..enl. 19. All fees, charges or penalties charged in the opera- tion of the Library shall be those established by the District under a uniform schedule applicable to all libraries within the brevard County Free Public Library District. The funds received froa such fees, charges or penalties imposed by the Library shall be reported to the County in the manner proscribed by late and shall be used as operational funds of said library and shall not be used by any other library within the Drovard County Free public. • Library . Districts 15. It is mutually recognized that this contract: in entered into under the authority of Chapter 72 -980, Spocial Acts of Florida, 1972, and Ordinance No. 72 -1 of the ITrevard County Code. IN 11ITNESS RREREOF, the parties hereto have placed their hands and affixed their seals the day and year first above written. 130AILD OF COUNTY CONFIISSIONERS ATTEST: OF. DREVARD COUNTY,, p,FLORIDA Curtis R. Barn Clark Lee Fleenor, Chair:un (SEAL) ATTEST: IIY LLERY. (SEM.) CITY OF CAM CC/CAA /NAVEE."TT, CCU [cuum c: CNAI RNl.N O. LIBRARY BOARD w„su :- rte._ be ir✓Lnl 1 �' w � f Ek,II.1, A CAPE CAXAVERAL PU3LIC L15MRY 0 ?ERAT10 \AL BUDGET FISCAL YEAR 1974 The Brevard County Free Public Library District, of which the Board of County Cosnissioners of Brevard County; Florida, is the governing body, agrees to allocate for fhe operation of the Cape Canaveral Public Library for the fiscal year 1974 the fol: owing reco=ended budget: Personnel $24,615 Materials 3,025 Utilities C maintenance 4,400 Supplies, etc. 600 Operational Budget S37,700 At least $7,500 of the materials budget must be expanded . for the purchase of books. 5 Sept 73 ' Tf 'i cm �;•J !L, COUrJTV cor.7hall; IurJF R-- �l6 yy_.+ndd.•- -- .yam_ 130A MID OF >'ll Office of the County Attorney 150 Taylor Street, P. O. Box 157 - Titusville, Florida 32780 - 269 -7411 November 20, 1973 The Honorable Frank Maclay Mayor, Cape Canaveral City Hall tt Cape Canaveral, Florida 32920 IJ 429 Re: Library Contract Dear Mayor Maclay: As indicated in the letter of Mr. Futch to you of October 3, 1973, the Board of County Commissioners considered all further objections to the form contract forwarded to you in such letter at the regular Commission meeting of November 15, 1973. At this meeting the Board of County Commissioners agreed to change paragraphs 5(b) and 7(a) to conform to the language in the enclosed library contract. This enclosed library contract constitutes the final library contract to be entered into by all libraries to be incorporated into the Brevard County Federated Public Library System. The contract is in a form for execution by your council. The interim funding arrangement for the operation of the libraries pending the formal execution of the contract has been extended to December 1, 1973. Would you please present the enclosed final contract to your city council for execution and forward the executed contract to Bernadette Roeder, Deputy Clerk of the Board of County Commissioners, P. O. Box 1496, Brevard County Courthouse, Titusville, Florida, 32780. Execution by the Board of County Commissioners will be scheduled as an agenda item for the Commission meeting of December 6, 1973. The interim funding arrangement will be continued until that date. Upon execution by the Board of County Commissioners, a certi- fied copy of the contract will be forwarded to you for your records. If you have any questions, please feel free to call me at any time. Very truly yours, Roberta ors County Attorney RLN:sah ,,enc.