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Home My WebLink About1982-115A 3 •0 RESOLUTION NO. 82- 115 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF THE INDIAN RIVER COUNTY LIBRARY AGREEMENT FOR FISCAL YEAR 1982-83. WHEREAS, the delivery of public library services to the citizens of Indian River County is an appropriate and worthwhile goal deserving of support by state and local government; and httiLn EAS, two independent non-profit library associations have agreed to provide public library services within the County for this fiscal year in accordance with state law governing public libraries and the provisions of the attached document, in consid- eration for financial support by the County in the amounts stated in the agreement; and WHEREAS, the Board of County Commissioners finds that approval and execution of said agreement is necessary, proper, and shall serve to enhance the delivery of public library services within Indian River County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that the foregoing recitals are affirmed, the agree- ment attached hereto is approved, and the Chairman and Clerk are authorized and directed to execute same. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Fletcher and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Nay Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this 3rd day of November , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By DON C. SCU LOCK, JR. L) , Chairman Attest:�1 U /l FREDA WRIGHT, ClIekk 71 D7 ^"o OR'r1 AND LE FF C Y By CHRISTOP,KER J:'PAULL, Assistant County Attorney INDIAN RIVER COUNTY LIBRARY AGREEMENT FISCAL YEAR 1982 - 83 THIS AGREEMENT, entered into this 3rd day of NovembeV 1982, by and between the Indian River County Library Association, Inc., and the Sebastian River Library Association, Inc. (herein- after participating libraries), and Indian River County, a poli- tical subdivision of the State of Florida (hereinafter County). ® • WHEREAS, .library services in Indian River County are to be provided by two independent non-profit library associations, with the assistance of the County through direct appropriations and as a channel for receiving state and federal grant dollars; and WHEREAS, as requested by the State Division of Library Services pursuant to the Division's interpretation of Chapter 257 of Florida Statutes and regulations promulgated thereunder, and as deemed appropriate by the County, a contractual relationship should exist between the County and participating private libraries as a prerequisite for federal, state and local assistance; and WHEREAS, the Indian River County Library Association, Inc., has, in the past, provided library services to the citizens of Indian River County and the County desires that the Indian River County Library Association, Inc., continue to provide, along with the Sebastian River Library Association, Inc., library services for the benefit of the citizens of Indian River County in accordance with the requirements of Florida Statutes Ch. 257 and the Florida Administrative Code, as both may be amended from time to time; and in furtherance of this end the parties desire to enter into the following agreement. WITNESSETH: NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants set forth below, the parties agree as follows: 1. PURPOSE: This agreement is entered into for the purpose of providing funds to continue the delivery of public -1- .I . library services in Indian River County in accordance with minimum standards of operation and service to use=s, and accountability to public funding entities. 2. ALL FACILITIES PUBLIC: Each library facility owned, operated, or controlled by a participating library shall hereafter be designated as a public library within the Indian River County Library Unit, and shall remain anon anal a•_ailablc to all residents of Indian River County on a non-discriminatory S 0 basis. 3. MINIMUM OPERATIONAL STANDARDS: Each participating library agrees to provide services in accordance with the follow- ing prescribed minimum standards and guidelines: A. At least one of the participating libraries shall remain open to the public not less than forty (40) hours for any given week, it being understood and agreed that the partici- pating libraries shall coordinate among themselves to insure that this provision is satisfied. B. "Library services," as that term may from time to time be defined by State law or the State Division of Library Services, shall be provided free of charge to all residents of Indian River County. Nothing in this provision shall prohibit adoption by a participating library of: (i) rules requiring patrons to first obtain a library card, where no charge is made to the patron for the initial issuance thereof; (ii) rules establishing fines, penalties, or charges for overdue, damaged, destroyed, or lost materials; or (iii) a rental book system wherein rental materials shall consist solely of extra or additional copies of titles or material, the first copy of which is regularly available free of charge. C. Each participating library shall obtain, at its own expense, an annual audit to be prepared by an independent certified public accountant and furnished within ninety (90) days following the close of each library's fiscal year to the County Library Advisory Board for review and comment to the Board of County Commissioners. D. Each participating library shall work with the -2- i 40 i• other to establish a method for the free interchange of library materials. E. The governing body of each participating library shall conduct its regular meetings no less than quarterly, and shall publish reasonable advance notice of such meetings in a newspaper of County wide circulation. All such meetings shall be open to the public. Current conies of the Arti,i- -F Incorporation, Bylaws, and published rules of operation for each library shall be kept on file with the County. Each participating library shall make available to the County and its Library Advisory Board copies of the final approved minutes for said meetings, together with periodic financial reports generated during the ordinary course of operation. 4. TERM OF AGREEMENT; RENEWAL; ANNUAL BUDGET SUBMITTAL: This agreement shall be in effect upon execution by all paLties until the end of the county's fiscal year 1982-83. Prior to renewal of this agreement for the ensuing fiscal _year, each participating library shall submit to the Library Advisory Board on or before April 15, 1983 its proposed orerating budget for said fiscal year, for review and comment to the Board of County Commissioners, who shall then establish funding levels for said renewal term. 5. CENTRAL ADMINISTRATION OF COUNTY LIBRARY UNIT: The participating libraries jointly: A. Shall be responsible for supervising and directing the duties and functions of the administrative head of the library unit (head librarian) including the promulgation of the job description for that position. B. Shall designate at the beginning of the fiscal year an individual meeting the qualifications set forth by applicable state law to serve as the administrative head of the library unit (head librarian). Each party to this agreement signifies its acceptance of any designation so made and agrees to establish internal operating procedures to accommodate the establishment of this position. C. Shall operate independently from and shall not -3- be under the control or auspices of the County Library Adivsory Board. 6. OWNERSHIP OF LIBRARY ASSETS UPON DISSOLUTION OF A PARTICIPATING LIBRARY: In the event of dissolution of a • participating library during the term of this agreement, where such library is not simultaneously reestablished to provide lihrary1se-•-ces, each participaLing library agrees to distribute, convey, transfer, or assign to the County all of the assets, personal property, equipment, books, subscriptions, and any other materials, resources, or items used in the operation of its library, which are attributable to the funds allocated or expended during the term of this agreement, to be used exclusively by the County or its designate for the continuation of library services within Indian River County. 7, PUBLIC FUNDING PROVISION: For fiscal year 1982-83, the County agrees to allocate the following dollar amounts for each of the participatinq libraries to be expended only for library operations in accordance with this agreement: A. Indian River Library Association, Inc. --the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00), together with the first FIFTEEN THOUSAND DOLLARS ($15,000.00) of state or federal grant monies received by the County for allocation to she participating libraries, plus two-thirds (2/3) of any amount of said state or federal monies received by the County in axcess of the first FIFTEEN THOUSAND DOLLARS ($15,000.00). B. Sebastian River Library Association, Inc. --the sum of FIFTY -?FIVE THOUSAND DOLLARS ($55,000.00), together with one-third (1/3) of state or federal grant monies received by the County for allocation to the participating libraries which is in excess of the FIFTEEN THOUSAND DOLLARS ($15,000.00) allocated to the Indian River Library Association, Inc., in subparagraph 6A above. C. Unless agreed otherwise by the County and the party concerned, funds allocated hereunder shall be made available to a participating library in twelve equal monthly installments. 8. AMENDMENT OR REVISION OF AGREEMENT: This agreement may be modified or amended in part, or in whole, including amendment to allow for additional participating library groups to join the library unit, only upon the execution by all parties of a written amendment hereto. 9. COVENANTS: The covenants contained herein exist only during the term of this agreement. -4- 40 IN WITNESS WHEREOF, the parties have executed this agreement on the dates contained below. Date: /o- .25= P-)-- �• Date. Date: 11-3-82 APPROVE- TO RM AND T OF E EY: By CHR S iER ; PAULL Ass1sV6nt County Attorney -5- INDIAN RIVER COUNTY LIBRARY ASSO _ N. FE' it e - IOU 01 Attest: Title y_s, SEBASTIAN RIVER LIBRARY ASSOCIATION, INC. Title Attest: y -1,,-�, itle - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By % G DON . SCURL C Jk': Chairman /i Attest: ��-l J,7�-Vil�� FcREDA WRIGHT Clerk, Circ�ui E_ Court