R25-266 RESOLUTION NO. R25-266
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING AN AFFILIATION AGREEMENT
3 BETWEEN THE CITY AND FAMILYSEARCH INTERNATIONAL FOR
4 LIBRARY CARDHOLDERS TO USE THEIR FAMILYSEARCH
5 GENEALOGICAL DATABASE; AND FOR ALL OTHER PURPOSES.
6
7 WHEREAS, FamilySearch's mission is to make the world's genealogically relevant data
8 freely and widely available. FamilySearch operates an extensive library system, including the
9 website FamilySearch.org, and contracts with other institutions to further its reach. FamilySearch
to owns or holds rights to distribute to patrons of its affiliated libraries, digital records of
11 genealogical significance. FamilySearch is willing to make available to the Library, and the Library
12 wishes to obtain access from FamilySearch to select digital records available to affiliate libraries;
13 and
14 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
15 best interests of the City's citizens and residents to approve an Affiliation Agreement between the
16 City and FamilySearch International for library cardholders to use their FamilySearch genealogical
17 database.
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
20 BEACH, FLORIDA, THAT:
21 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption.
23 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
24 approve an Affiliation Agreement between the City and FamilySearch International for library
25 cardholders to use their FamilySearch genealogical database (the "Agreement"), in form and
26 substance similar to that attached as Exhibit A.
27 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
28 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
29 ancillary documents required under the Agreement or necessary to accomplish the purposes of
30 the Agreement, including any term extensions as provided in the Agreement, provided such
31 documents do not modify the financial terms or material terms.
RESOLUTION NO. R25-266
32 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record
33 of the City. A copy of the fully executed Agreement shall be provided to Tiffany Pagan to forward
34 to FamilySearch.
35 SECTION 5. This Resolution shall take effect in accordance with the law.
36
37
38 [SIGNATURES ON THE FOLLOWING PAGE]
39
RESOLUTION NO. R25-266
40 PASSED AND ADOPTED this day of DC r 2025.
41 CITY OF BOYNTON BEACH, FLORIDA
42 YES NO
43 Mayor— Rebecca Shelton ✓
44
45 Vice Mayor—Woodrow L. Hay
46
47 Commissioner—Angela Cruz
48 1`rt9S.GryY
49 Commissioner—Thomas Turkin
50
51 Commissioner—Aimee Kelley
52
53 VOTE 14"0
54 AT :
5.
5 Al I •
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57 Mayle- DA esus, MPA, M Rebecca Shelton
58 City C e , Mayor
59
60 APPROVED AS TO FORM:
61 (Corporate Seal)
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62 ;��.�QpRArF• F ��i •, 4/44
63 � o� A � .
64 pjo''RP,�E.pt Shawna G. Lamb
65 �,+V 003‘_)-
•„.\ C 190• City Attorney
•
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`v FamilySearch
AFFILIATE LIBRARY AGREEMENT
(USA/Canada)
This AFFILIATE LIBRARY AGREEMENT("Agreement"),datedbef 1 ,2025,is between FamilySearch International,a Utah non-
profit corporation("FamilySearch"),and The City of Boynton Beach, Florida("Library").
BACKGROUND
A. As a nonprofit,FamilySearch's mission is to make the world's genealogically relevant data freely and widely available.In pursuit
of that mission,FamilySearch operates an extensive library system(including the website FamilySearch.org)and contracts with
other institutions to further its reach. FamilySearch owns or holds rights to distribute to patrons of its affiliated libraries,digital
records of genealogical significance.
B. Library is a library or archive that is independent of FamilySearch and provides public access to its collection in a facility located
at 100 E. Ocean Ave., Boynton Beach, FL 33435(the"Facility).
C. FamilySearch is willing to make available to Library, and Library wishes to obtain from FamilySearch, access to select digital
records available to affiliate libraries ("Affiliate Library Records"); and to that end Library desires to become an authorized
"FamilySearch Affiliate Library."
In consideration of mutual promises and covenants set forth herein,the parties agree as follows:
AGREEMENT
1. Obligations of Library.As a FamilySearch Affiliate Library, Library will do all of the following:
• Remain open to the public, consistent with applicable laws against discrimination for places of public accommodation,
during normal business hours.
• Designate a static public IP address(or range of addresses)or proxy static IP address(collectively,the"Static IP Address")
for each building of the Library's Facility. Notify FamilySearch of the Static IP Address via email at
affiliatelibraries@familysearch.org. For clarity, unless FamilySearch agrees in its sole discretion in writing, each building
of the Facility must be assigned its own separate Static IP Address.
• Provide a sufficient number of stations (each a "Station") with computers that have Internet access via the Static IP
Address, together with other furniture and equipment as needed, to enable reasonable access by patrons to Affiliate
Library Records. Provide an internet connection with a bandwidth of at least 10 Mbps, unless FamilySearch otherwise
agrees.
• Allow access to the Affiliate Library Records only through the Static IP Address and only by Library patrons who are
physically present at the Facility,regardless of whether the patron accesses the Affiliate Library Records through a Library-
owned computer at a Station or through the patron's personal device, and by no other means. For clarity, the Library
may not allow access by anyone not physically present at the Facility.
• Prominently display the FamilySearch's Mark(as defined below)on the welcome or login screen(or comparable menu of
services) of Library-provided computers at Stations. Enable patrons using Library-provided computers to access
FamilySearch.org by clicking on the Mark.
• Comply, and take commercially reasonable measure to ensure that Library's patrons comply, with all applicable laws
(including copyright and data privacy laws)and with the Rights of Use agreement governing FamilySearch.org, located at
https://www.familysearch.org/terms. If requested by FamilySearch,display signage provided by FamilySearch to remind
patrons of their obligations under the FamilySearch Rights and Use agreement, including that Affiliate Library Records
are subject to laws and contractual obligations that may restrict their use.
• Allow the use of Affiliate Library Records solely for non-commercial personal use. For clarity, Library may not publish the
Affiliate Library Records (or any copy thereof) in any format,whether online in publicly or privately accessible websites,
or otherwise. Nor may Library reproduce, modify,splice,divide, index, manipulate or harvest Affiliate Library Records in
FamilySearch Affiliate Library Agreement(2017) 4819-7348-2066
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any medium at any time without the prior written permission of FamilySearch. Library may not (and may not to allow
others) to remove or alter any copyright notices, watermarks, restrictions, or other notices that are included with any
portion of the Affiliate Library Records.
• Promptly notify FamilySearch upon becoming aware of any misuse, loss or damage of or to Affiliate Library Records.
• Charge no fees of any kind to Library patrons for use of a Station or access to the Affiliate Library Records.
2. Obligations of FamilySearch. FamilySearch will designate Library as a FamilySearch Affiliate Library and provide access to
Affiliate Library Records via the Static IP Address during the term of this Agreement, provided that Library, in FamilySearch's
discretion, complies with all of Library's obligations outlined above. FamilySearch provides access to the Affiliate Library
Records subject to the following understandings:
2.1. Changes in Affiliate Library Records. Library agrees and acknowledges that FamilySearch may add or remove records or
data or make any other changes to the Affiliate Library Records at any time,for any or no reason and without notice at
FamilySearch's sole discretion.
2.2. Title to Affiliate Library Records.As between FamilySearch and Library,title to the Affiliate Library Records will at all times
remain in FamilySearch. FamilySearch conveys no rights of any kind to Library or any patron, except the limited right of
access as expressly provided in this Agreement.
2.3. ALL FAMILYSEARCH SERVICES ARE PROVIDED "AS IS". NEITHER FAMILYSEARCH NOR ITS AFFILIATES MAKES ANY
WARRANTIES,CONDITIONS OR UNDERTAKINGS,EXPRESS OR IMPLIED,STATUTORY OR OTHERWISE,INCLUDING BUT NOT
LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
FAMILYSEARCH MAKES NO WARRANTY THAT ITS SERVICES WILL MEET LIBRARY REQUIREMENTS, SPECIFICATIONS,
EXPECTATIONS OR THAT THE SERVICES WILL BE UNINTERRUPTED,TIMELY,SECURE, ERROR-FREE,THAT ANY DEFECTS IN
THE SERVICES WILL BE CORRECTED,THAT THE SERVICES WILL OPERATE IN COMBINATION WITH LIBRARY HARDWARE,
SOFTWARE OR SYSTEMS.LIBRARY ACKNOWLEDGES THAT FAMILYSEARCH DOES NOT CONTROL THE TRANSFER OF DATA
OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO
LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES.
3. FamilySearch's Mark. FamilySearch grants to Library a limited, non-exclusive, non-transferable license during the Term to use
FamilySearch's logo (the "Mark") solely for the limited purposes: (a) to enable Library to display the FamilySearch Mark on a
welcome or login screen that patrons view before accessing the Affiliate Library Records, and (b) for publicity approved in
advance by FamilySearch, as provided below in Section 4. From time to time, FamilySearch will provide Library with an
electronic high resolution image of the Mark. Prior to any use of the Mark, Library will submit to FamilySearch a proof of each
intended use of the Mark for FamilySearch's review and approval. FamilySearch must pre-approve any and all such uses.Once
approved, Library may use the Mark only in the form and manner approved by FamilySearch. Library may not modify or alter
the Mark in any way, including size, proportions, colors, elements, type or in any other respect, without the prior written
approval of FamilySearch.
4. Publicity. Neither party may use the other party's name, likeness, trademark, service mark, logo, nor other identifying
information in connection with any publicity,except as approved in advance by the other party. In no event may Library or its
agents state or imply any approval,sponsorship or endorsement by FamilySearch,its sponsor or any affiliated entities.
5. Independent Contractor.Nothing in this Agreement or any other agreement or understanding with any party will be construed
as making Library and FamilySearch partners,agents,joint ventures,or alter egos of each other or any other entity.Library will
not obligate FamilySearch for any debts or liabilities. Library will not represent that Library has authority to legally bind
FamilySearch. Library will at all times remain an independent contractor. Library acknowledges and agrees that Library and
Library's agents are not employees of FamilySearch now or in the future. Library is solely responsible for Library's taxes and all
applicable workers' compensation, disability and unemployment insurance contributions related to Library's performance of
obligations under this Agreement. Library's agents are not entitled to statutory benefits of workers' compensation or
unemployment charged to FamilySearch or fringe benefits of any kind.
6. Term and Termination.The term of this Agreement is one year,and will automatically renew in successive one-year increments
unless either party provides 30 days written notice to the other party. Either party may terminate the Agreement at any time,
for any reason or no reason,and without penalty, liability or obligation of any kind,upon 30 days prior written notice,and may
terminate the Agreement immediately upon written notice to the other party of material breach; provided, however, that
termination for breach shall be subject to a 20-day cure period from the date of notice of breach. Notwithstanding anything to
the contrary, Library agrees and acknowledges that FamilySearch may suspend or terminate Library's access to the Affiliate
FamilySearch Affiliate Library Agreement(2017) 4819-7348-2066
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Library Records immediately and without notice if FamilySearch determines its sole discretion that Library or its patrons are
misusing the Affiliate Library Records in violation of this Agreement.
7. Notice. Any official notice given under the terms of the Agreement must be in writing and sent via email, U.S. mail, or
commercial courier service in a manner calculated to reach the other party,at the following addresses:
If to FamilySearch: If to Library:
Director, Family History Library Jeannie Taylor, Library Director
15 East North Temple Boynton Beach City Library
Salt Lake City, Utah 84150 100 E.Ocean Ave.
E-mail:affiliatelibraries@familysearch.org Boynton Beach FL, 33435
With a copy to: Emal:TaylorJD@bbfl.us
Office of General Counsel Phone:561-742-6396
50 East North Temple
Salt Lake City, Utah 84150 With a copy to:
Shawna G. Lamb,City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561)742-6010
Facsimile: (561)742-6090
All notices will be effective upon receipt.
8. Miscellaneous.This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof,
and supersedes and integrates all prior discussions, agreements, and understandings pertaining thereto. No modification of
this Agreement will be effective unless in writing and signed by both parties.Any failure by either party to exercise any of its
rights hereunder will not be deemed a waiver of any rights or remedies that such party may have and will not be deemed a
waiver of any subsequent breach or default.The invalidity or unenforceability of any provision of this Agreement will not affect
the validity or enforceability of any other provision of this Agreement; provided, however,that in the event that the invalidity
or unenforceability of any provision of this Agreement has a material adverse effect on any of the rights or obligations of the
parties,the parties will negotiate in good faith to modify the Agreement to effect, as closely as possible,the original intent of
the parties. This Agreement will be binding upon and inure to the benefit of the parties, their successors, assigns, and legal
representatives, and will be governed by and construed in accordance with the laws of the State of Utah, United States of
America,excluding conflict-of-law principles. If any dispute arises out of or relates to this Agreement, or either party believes
the other party has breached this Agreement,the parties will use their commercially reasonable efforts to settle this dispute
through correspondence, mutual consultation and other mediating efforts. If the parties are not able to resolve their dispute,
the exclusive venue will be the state or federal courts in the State of Utah.The Parties consent to such jurisdiction and venue.
Library may not assign any of its rights under this Agreement to any third-party without the prior written consent of
FamilySearch,which FamilySearch may give or withhold in its sole discretion.Any attempt by Library to assign this Agreement
in violation of this provision shall be null and void.This Agreement is neither intended nor shall it be construed in any way to
create any third-party beneficiary rights in any person that is not a named Party to this Agreement.
9. Signatures. This Agreement may be executed by electronic signature and in counterparts, all of which shall be considered
original and a single document for all purposes. Each person signing this Agreement on behalf of the respective parties
personally warrants their authority to so sign and to bind the parties.
Each of the parties has executed this Agreement by its authorized representative below:
FamilySearch Affiliate Library Agreement(2017) 4819-7348-2066
USA/Canada version 3
FAMILYSEARCH INTERNATIONAL: LIBRARY
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Name: Lynn C. Turner Name: Rebecca Shelton
Title: Director, FamilySearch Library Title: Mayor
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USA/Canada version 4