HomeMy WebLinkAboutResolution No. 1988-04 MICROFILMED JUNE 89
RESOLUTION NO. 88-4
A RESOLUTION AUTHORIZING THE MAYOR
AND THE CITY CLERK TO ENTER INTO AN
AGREEMENT WITH THE BOARD OF COUNTY
COMMISSIONERS OF BREVARD COUNTY ,
FLORIDA, TO PROVIDE LIBRARY SERVICES
TO THE CITY OF CAPE CANAVERAL; PROVID-
ING AN EFFECTIVE DATE.
BE IT RESOLVED , BY THE City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. The Mayor and City Clerk are hereby authorized
to execute an agreement with the Board of County Commissioners of
Brevard County, Florida , for providing library services to the
City of Cape Canaveral, Florida; a copy of said agreement is
attached hereto and made a part hereof by reference.
SECTION 2 . This Resolution shall become effective
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 2nd day of February , 1988.
,-
Mayor
ATTEST:'
NAME YES NO
HOOG ■
C ty ClrC e a KIDD III
LEE X
Approved as to Form: EINE X -
'�ty RANDELS X
Ci Attor ey
!;
4
L E A S E A G R E E M E N T
THIS AGREEMENT, entered into this 1st day of March
19 88, by and between the BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, FLORIDA, hereinafter referred to as "Board", and
the CITY OF CAPE CANAVERAL, hereinafter referred to as "City".
W I T N E S S E T Ht
WHEREAS, the Board intends to establish a Countywide free
public library system; and
WHEREAS, the City owns the facility within which the Cape
Canaveral Public Library is located) and
WHEREAS, the residents of the City and the County will
benefit from the operations of such a library; and
WHEREAS, the City wishes to relinquish its obligations to
operate such a library, and
WHEREAS, the Board wishes to undertake the operation of such
a library, and
WHEREAS, the parties wish to define their responsibilities
relating to the library.
NOW, THEREFORE, for and in consideration of the mutual
promises of the parties and the covenants and conditions herein
contained, it is mutually agreed between the parties as follows:
1. The City leases to the Board for $1.00 per year that
building located at 7400 Poinsetta Avenue, Cape Canaveral,
Florida 32920, on the parcel of City property described below:
Section 23, Township 24 South, Range 37E,
Avon -by -the -Sea, Block 47, Lots 1-2-3,
9-10-11
2. It is the intent of the parties that the Board shall
have the primary control in accordance with this Agreement over
all buildings, structures, facilities, library media and
materials, furniture, equipment and other tangible property
utilized for the operation and maintenance of the library.
Policy for use of Meeting/Conference Rooms for said library shall
be by mutual agreement between the Brevard County Library System
and the City.
-1-
A list of all materials (including books and media),
furniture, equipment and other tangible property given to the
Board is appended hereto as Exhibit "A". The Board shall have
control of these items for such time as this Agreement is in
effect. If the Board determines such material shall be disposed
of or not be utilized for this library's purposes, the Board
shall return such items to the City.
3. It is hereby mutually agreed and understood that the
Board sha.11..have primary control over the operation and
maintenance of the library including, but not limited to, the
collection and disbursement of income attributable thereto,
except for funds raised or earned by the city of Cape Canaveral,
the City of Cape Canaveral Library Board and the Friends of the
Library. These funds shall remain under the control of those
organizations. The City Finance Director shall establish
accounting procedures for control of these funds and accounts
shall be audited each year by the City Auditor. Fines and fees
collected by the library shall be held in a separate account and
such funds shall be utilized solely for the library.
4. The Board hereby agrees to provide all payment for
electricity, light, heat, power, water, telephone and other
utility services required for the operation and maintenance of
the library.
5. Pursuant to its right to control the facility, the Board
reserves the right to make renovations and additions and
deletions to the said buildings, structures, facilities and
equipment, including, but not limited to, the roof, plumbing,
heating and cooling systema, and all other utility systems and in
all respects to deal with the facility in its sole discretion.
Any work which would enlarge or expand the Library building or
alter the exterior or interior walls would require prior City
approval.
6. The Board shall not be obligated to replace the library
structure or any library media, materials, or furniture in the
event of fire, theft or accidents which destroy library property.
-2-
-
However, the Board shall be responsible for any damage, personal
injury or death resulting from the negligence of any of its
employees for any casualty, theft or accident which destroys
library property or causes death or personal injury not covered
by the insurance of the City. Further, the Board agrees to
indemnify and hold the City, their sureties, insurors,
successors, assigns and legal representatives harmless from any
liability, claim, cause of action, demand or damages for such
casualty, theft, accident, death or personal injury of any kind
or nature to any third party or such third party's property as a
result of the acts, whether intentional or negligent, or
omissions of any of the Board's employees, independent
contractors or agents. Any promises to indemnify, however, are
limited on the basis that the Board is self-insured as permitted
under FloridaStatutues and rely on Florida Statute 768.28 which
limits the County's liability to $100,000 per person, $200,000
per occurrence.
7. The City agrees to provide a local Library Board to
represent the interests of the public, to provide for development
and improvement of local library services, and to serve as an
Information resource in planning local library service programs
for discussion and review by the Brevard County Public Library
Board. This local board shall be implemented to facilitate the
transmission of information from the local community pertaining
to the needs of the Cape Canaveral Library to the Brevard County
Library Board and the Library Services Manager.
S. The City shall be responsible for maintenance of the
parking areae, walkways and grounds adjacent to and surrounding
the library at its own expense and for providing public liability
insurance consistent with the limits of coverage applied to all
other City owned property. Proof of liability insurance shall be
provided at the time of the signing of the agreement, and a copy
delivered to the Contracts Manager within ten (10) days of the
signing. The Board shall be responsible for the maintenance of
-3-
the structures including the 'interior and exterior of the
structures. The City shall be responsible for maintenance of
outside lighting, sprinkler system, underground water and
wastewater lines, landscaping and approaches to the Library
building.
9. This Agreement shall be for so long as the facility is
maintained as a Public Library open to the public by the Board,
except that either party may terminate this Agreement, without
cause, upon one hundred eighty (180) days written notice to the
other party. If this Agreement is breached, the non -breaching
party may terminate the Agreement upon providing twenty-four (24)
hours written notice to the breaching party. However, said
termination shall not affect the rights of the non -breaching
party to pursue any remedies at law or equity that it may have.
10. This Agreement is not assignable.
11. No change, modification or waiver of any of the
provisions or conditions of this Agreement shall be valid unless
in writing, signed by a duly authorized representative for each
party. Waiver or breach of this Agreement or failure to follow
any provision of the Agreement shall not be deemed a waiver of
any other or subsequent breach, and shall not be considered to be
a modification of the terms of this Agreement.
12. This Agreement shall be governed by the Laws of Florida.
In the event any portion of the contract is declared invalid, the
remainder of the Agreement shall remain in force.
13. This Agreement represents the entire Agreement between
the parties.
14. Notice under this Agreement may be given to the County
by sending written notice to the Office of the County
Administrator, 2235 North Courtenay Parkway, Merritt Island, FL
32953, and notice shall be given to the City by sending written
notice to the City Manager, City of Cape Canaveral, P.O. Box 326,
Cape Canaveral, FL 32920.
-4-
MICROFILMED JUNE 89
IN WITNESS WHEREOF, said parties have herein set their hands
and seals the day and year first above written.
ATTEST: CITY/ CAPE CA V RAL
0-46 . R)r i
City Clerk ( eputy) Mayor
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY„FLORIDA
By:
R. C. Winstead, Jr. , perk C airman Sue Schmitt
STATE OF FLORIDA
LX)UNTY OF BREYARO
This Is to certify that the o►tid b d
'2 Correct copy
(/� w mess pty Iliad
*Ad official coal MI ��_day of
19 ` �
R. C. WINSTEAD, J1L
Clerk C cut court
IT D.G.
-5-
BREVARD COUNTY LIBRARY SYSTEM
POLICY CFOR APEUSE OF CANAVERALT PUBLIC FERENCE LIBRARY
ROOMS
LIBRARY
1, Library programs have priority over all other activ-
ities, except for special City Council meetings as determined by
th library are nextonsor
ein priority. PCo9aponsored"rams pmeansethat the
ain
library
at
ams ofaff or educational "and culturalsnatureanning and presenting
prog
2. Meeting rooms areforathebconductuof the programsiand
which assume responsibilitynot be
the car f the fDirectiessalea shallnnotybe allowedd no library
making pur p
premises.
3, All meetings mu reservese the the right
ight public deny use ofthe
limitations. The Library rooms are not available for partisan
meeting rooms. Meeting
Eullyid l activities,
ct ivities,mreligiousembership requirementeroupa which have un aw-
ory
q, No admission charge or request for donations shall be
for any functions other than those underlibrary
and materiasorshil costs
the case of any educational classes,
may be recovered.
moat be reported immediately to a member of
5. Accidents
the staff.
be over 15
5. Meetings held diming i^ilibrariesrwheretthe meeting
minutes prior to closing where it
space can be closed off from the rest of the building,
can be exited directly and equipment secured meetings may run
beyond closing time when detailed arrangements have been made and
approved by the Library Director in advance of the meeting.
7. Light refreshments, such as cookies and cakes, may be
served, but no cooking is allowed Other than for hot beverages•
The room must eaf the iro
left prior to the useomthe same condition and arrangement as
S. SMOKING IS NOT PERMITTED.
9. No furniture or equipment may be brought into or removed
is
from these rooms without prior written pekeslibrary. The library
ion. The exhibitslioraother
not responsibla for equipment, supe
materials owned by a group and used in the
does not provide storage space.
10. Organizations that consistently have lees than 15
persons in attendance may be asked to relocate or another
conference room. The meeting room may be reserved for groups of
more than 15.
room is designated as a t tall
11. If the library meeting election day will be
precinct, when an election is scheduled, it will pre -em
scheduled meetings. Groups meeting on an el
informed of this in advance whenever possible.
ram is
12. The library retains the right to cancel a reservation
for the meeting room withwnotic�e and a everyrecaort to notifuse. If a y the group
cancelled, the library
who had reserved the room. requested to notify the Librare
ry Director of any cancellationroups holding na a
13. Use of the meeting/conference rooms is a privilege. Any
violtion willaresultfinhcancellation ofttheigroup'stfuturebmeeting Director
ctor
1
lege as well as a financial assessment for damages incurred. The
financial assessment for damages will be set by the Library
Director. If the or nnization wishes to a eal the decision the
must contact t e L racy Sery res Manager.
14. Any application for use of the meeting room must be
completed and submitted prior to use of the library facility.
15. Use of library meeting rooms does not imply library
endorsement of the aims, policies, or activities of any group.
Approved this ist day of March , 1988.
BREVARD COUNTY LIBRARY CITY"F CAPE CANAVERAL
SYSTEM
n /1 n
Mayor
ATTEST:
MUM "A"
1111 BY ULI
-111
V'-
.0 1. N,-61
NUMBER
..........
..........
F
TRAM
lv-ltlll
1, I'LL
PLF111—W-111
1.LUSeUI
6 F
I: 11+J1:S
IRJUP) ISUAL
6 r
'/21.4•;
W 111!+
I.: f:Lj 6 nL(";'l13
IN-' ALM
ANN -LU 01-
AWZRICA
6 F
6 1-
1 U
U,iT Or 04'5
UI *I;L
12 L ICCUI IVE DEUN'
ALMA DCUK CO.
6 F
I Z-1
5ZS
71.411
"241
1
IC LEGAL IILE UILUCII
CCILE
4 V:'kWLR
V
a it
L"v
a I� L,UAL FILO
'-ERi...
IT
.1
6..1'
1 14 DIOWL11 CA it, FILL'
H
4_1
;i,
1-1 D.IAWL 1
41
-. 1,
1 D. 1_1 ; I C�A r LC
1.114
it 1
13
'1
�-VWIAWI,N LAND FILE4A.U.
COLO
0 if
Vj IZ41
12 CARD IILL
COLO
11wt
0 IT
10 13 S141
:
1/14/11
.
0'
1 lz CARD FILE
COLE
,2RAW
IVTt5.46
5046
1/11/11
,L 3
PARD
1 12 CANOr
COLE
3"'ELMAUILH
,;A r
Z .wR
II
10:13
I..
I 12 CA. LL
1. CARO FILL
IEELMASIER
4 -DRAWER
7112
2 -DRAWER
10.?
..-
0:61 1
12 CARO FILL
T2 -BRAYER CARS FILE
SIEELMAUTLN
STEELMASH,
.1332
N
a I
_VNANE14 CARD FILE
UTEELMASH31
-Z
a 14
1.6-3 3956
,tz,,4
I Iz DRAWER CARD FILE
9
ST.r. A IER
33-42
8 H
65 79U6
11/ILI/L"
265
1 IL 4_LllAWER C.H. FILE
Lm
IT ELL"ASILI:
0 M
2362
Z"oa
I�I-PENW"I Ir" STAND
TIFFANY UIAND
ST4912
a H
6v
6
V2/0
1: ROUND WALNUT TABLE
1 ja DRANGE LUUNG_ CHAIR
: t
I
:ZGZ
4334 2164
4": 34 �3.z
11 6/613
91
.:jj
,Z ORANGE LUNM I AIR
6H
4,:XJ6Z
61-
r4
IZ VR ANI4E LWN E CHAIR
H
43.32J6Z
12 ORANGE LOUNGE CHAIN
H
4J.34 232
. ...
I �N,.E LUVN1jE CHAIR
ENCY.VRITT.
PIT
W"E,
2I.W 4991
11 11"
a I= JHUEK
D" IRS Y.
ENCY.URITT.
rwx:cc".`L.
./ROLLERS
IT
31.51 4". 1
It 1/711
1/ 1/7 i
)214
112
I I 2 ROOK 714117/
W/o WHEELS
a IT
a H
2.3 00
61 : 1406
to
2 2 -MAPLE CARD CATALOGS
GAYLORD
UOU
0 IT
49.EO
00
I/zT/6/
, 1, 14
Z LrD KCASE
JECUTIVE
4-UHILLYES
.40
7
VLvl12
SECRETARIAL CHAIR
CHAIR
0 H
41.6'/ 660 CV
A111167
OZ92
1 12 FDLDINU TADLE
rT
a H
33.91 2430
1"111-1
uz`3
1,
1 ULDINQ TABLE
F SMITH
a H
25.00
4
12 SMALL PAPLREUACK RACK
a H
25
?I I/T
o-'96
1 WALL PAFV40ACK RACK
JZ
%HL'rE.R
WOOD W
26150H
a H.
- 2470
1011116"
03201
IZ 11 -STRAIGHT CHAIRS
12 FOLDING TADLE
0319
FT.WITH
IT
a IT
33.�90T 2430
LO.-
U
IJ111/68
1/ 1174
"321
I I a W".SHELI
33 Z.5',
ItlIZ/6j
z
I 12 FOLDING TABLE
FT. SMITH
a H
63 :9; 2362
9/
1321
1 12 JUVENILE CHAIR
a IT
0.63 23-
Y, I."
.325
a JUYCWILE CHAIR
a 14
25.U9 2,
11/11-1 "
.326
1 Ij JUVENILE CHAIRS -4
03 Z"
119-10
8 H
I.
71 1/1
Jjo
I :Z MVIUM
IT
211/1"11
1114
WALNUT
1. CAW LAIAL04
GAYLORD
WV NAME
3Q -DRAWER
a it
561.25
3/31,7,
Page 1 of 2
Page 2 of 2
DaIIDIT "A"
r
111' IL
1-1-5 r
.... ....
.................
c 11
J'J.Qo z,
I[ lnnit 91 I 1 1'
I AtINULATt
Al
n.41,601.L4
-- - - -- -- - -
Al I V-�-
A-S .3 E.-F S.- IN 01-Ati I h.." I- t-L-t- I.I.I.—I...I.—
..... ....................................
Page 2 of 2