Loading...
HomeMy WebLinkAbout2003-334 ORIGINAL MEMORANDUM OF UNDERSTANDING BETWEEN THE GIFFORD YOUTH ACTIVITY CENTER, INCORPORATED AND THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA FOR THE GIFFORD YOUTH ACTIVITY CENTER LIBRARY The Gifford Youth Activity Center, Incorporated, is a non-profit organization formed for the purpose of providing cultural, educational and recreational services to the general community of Gifford and Indian River County . Indian River County, Florida (Board of County Commissioners) is the owner of real property with respect to which a lease has been executed dated November 19, 2002, authorizing the Gifford Youth Activity Center, Incorporated, to operate and manage the various uses and services located at the Gifford Youth Activity Center, 4875 43 `d Avenue. One such use is that of a library known as the Gifford Youth Activity Center Library (hereinafter referred to as the Gifford Library) . The library services and programs are offered through the Indian River County Division of Library Services to the community on a limited basis. The elected and appointed officials of the Gifford Youth Activity Center, Incorporated and the Board of County Commissioners must recognize their respective responsibilities within this cooperative effort . This Memorandum of Understanding establishes those respective responsibilities of the Gifford Youth Activity Center, Incorporated, (hereinafter referred to as "CENTER") and the Board of County Commissioners of Indian River County (hereinafter referred to as "COUNTY") . 1 I . Responsibilities of CENTER. A. With respect to Gifford Library, CENTER shall : 1 . Provide reasonable space within the Center for the establishment of a library. 2 . Allow Indian River County reasonable access to connect appropriate communications infrastructure linking the Center with the County' s fiber optic network. 3 . Abide by the most current Policies and Procedures of the Indian River County Library System adopted by the Board of County Commissioners as may be amended from time to time. B . With respect to management and administration, CENTER shall : 1 . Provide staffing necessary to carry out the administration and management of the library facility. 2 . Designate at least one person as the "person in charge" of the daily operations . 3 . Allow the "person in charge" to participate in any training extended to or offered to the CENTER by COUNTY. 4 . Permit any volunteer to work in any capacity of the Gifford Library if volunteer is either under the direct supervision of the "person in charge" or has received appropriate training offered by the COUNTY. 5 . Submit through the County' s annual budget requests, a process similar to those submitted by non-profit organizations in April of each year, a separate request for any funding for staffing, equipment, furnishings, books, periodicals, reference materials or other library collections and 2 1 i office supplies for consideration for funding by the Board of County Commissioners as deemed necessary for the Gifford Library . 6 . Issue an Indian River County Library Card to any resident citizen of Indian River County at no charge . 7 . Provide available library services to any citizen possessing an Indian River County Library Card . 8 . Maintain an accurate record of collections and at least bi-annually prepare and submit an existing inventory of shelved books and other collections . Such list shall be submitted to the Director of Library Services on the first of April of each odd numbered year with the first inventory report due April 1 , 2005 . 9 . Maintain monthly records of library activities in the same manner as submitted by the other libraries in Indian River County. 10 . Maintain reasonable operating hours that are supported by adequate trained staff to insure compliance with adopted policies and procedures of the Indian River County Library System. Initial operating hours will not exceed 30 hours per week without mutual written agreement of the parties . 11 . Meet with the Indian River County Director of Library Services at least quarterly and review the operations of the Gifford Library to provide an objective critique of previous and ongoing services and projected future needs . 3 II . Responsibilities of the COUNTY A. With respect to the Gifford Library, the COUNTY shall : 1 . Participate with the CENTER in the joint operation of a library located within the facilities of the Gifford Youth Activity Center. 2 . Review and consider the annual funding requests from the CENTER and take appropriate action thereon if required . 3 . Provide connectivity by means of fiber optic cable between the Gifford Library and the Indian River County Library System. 4 . Provide the same access to the Gifford Library of all the County' s public library electronic services that are currently available now and in the future such as the Internet, electronic reference sources, and internal electronic Geoweb Library Catalog. 5 . Provide computer support services and fiber optic maintenance as necessary to maintain electronic continuity between the Gifford Library and the Indian River County Library Services . 6 . Provide all equipment and supplies necessary for the issuance of County library cards from the Gifford Library . 7 . Offer to and make available any excess or surplus equipment or library collections materials that is deemed desirable by the Gifford Library or CENTER. B . With respect to management and administration, the COUNTY shall : 1 . Provide management advice on an as needed basis . 2 . Provide necessary training for branch staff in library management techniques and library technical matters . 4 ' 4 3 . Provide technical support for both library matters and electronic connectivity matters. 4 . Provide Webmaster services for the development of a Gifford Library web page. 5 . To provide marketing and community relations, advice and support for the Gifford Library in the same manner as for other Indian River County library facilities . III. COUNTY and the CENTER mutually agree : A. During the effective period of this agreement, the CENTER shall provide free library service and free use of the Gifford Library facility to all residents of Indian River County, Florida, in the same manner and under the Policies and Procedures of the Indian River County Library System. B . An annual report of the Gifford Library shall be furnished to the COUNTY by the CENTER. This report shall indicate the services provided and an accounting of any funds paid to the CENTER for services to be provided by any such funding. The CENTER shall also furnish the COUNTY with a monthly report indicating the services provided for that monthly reporting period . C . That both the COUNTY and CENTER may individually retain ownership over various collections, materials, equipment and furnishings . To avoid any confusion or dispute over such ownership, both the CENTER and COUNTY agree to prepare a joint inventory of all such items within thirty (30) days following the execution of this agreement . 5 ' S D . The CENTER shall maintain such records and accounts, including property, personnel and financial records as are deemed necessary by the COUNTY to assure a proper accounting of all COUNTY funds . The aforesaid records will be made available for audit or inspection purposes at any time during normal business hours and as often as the COUNTY may deem necessary. E . That CENTER will impose fines for late return of any borrowed library materials at the same rate as all other library facilities with in the Library System. The collected fines shall be turned in to the Main Library staff for appropriate deposit . These funds will be used to purchase library materials for the Gifford Library. An expenditure account will be put in the Main Library budget for these purchases . F . A written notice of any meetings of the County Public Library Advisory Board will be sent to the Executive Director of the CENTER as an invitation to attend any such meeting . G. That the Directors and their designated staff of both the Gifford Youth Activity Center Library and the County Library System shall meet at least quarterly to discuss any pertinent issues of mutual concern. H. The CENTER shall indemnify, hold harmless and defend the COUNTY, its agents, Commissioners and employees from and against any and all liabilities, claims, demands or actions at law or in equity, including court costs and attorneys' fees, that may hereafter at any time be made or brought by anyone on account of any personal injury, death, property damage loss of monies or otherwise caused in whole or in part by the intentional, reckless, negligent or wrongful act(s) or omission(s) of the CENTER, its officers, employees or agents. 6 This document is signed with the understanding that either CENTER or COUNTY may make a written request for clarification or negotiation of any or all of this agreement at any time and that either party may withdraw from this Agreement at any time after giving six (6) months written notice of its intent to do so . Notice with respect to this agreement shall be sent by certified mail, Return Receipt Requested to COUNTY: CENTER: Director of General Services Executive Director 1840 25h Street 4875 43 `d Avenue Vero Beach, Florida 32960 Vero Beach, Florida 32967 Upon the termination of this agreement, both COUNTY and CENTER will return any library property owned by other party. This Agreement shall be effective on DPcPmhPr 9 , 2003 . This agreement shall expire one year from the date of the last signature by the parties to this memorandum of understanding . For the CENTER For the ,,COUNTY : (Gifford Youth Activity Center, Incorporated) (Indi "ver County, Florida) hn H. ean, Chairman airman, bard of ounty Commissioners Witnessed by: Approved by BCC : Dp ,. 9 2003 =ey K. Barton, C f Circuit Court Deputy Clerk rn Approved as to Form and Legal Sufficiency Indian Riven' Co. Approved Date Administration Legal Budget ( ` - Department Risk Mgt. 7