R10-002
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1 RESOLUTION NO. RIO- OO~
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3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
5' AND AUTHORIZING THE MAYOR AND CITY CLERK TO
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6' EXECUTE THE COOPERATIVE AGREEMENT AMONG
7 COALA (COOPERATIVE AUTHORITY FOR LIBRARY
8 AUTOMATION) THE CITY OF BOYNTON BEACH, THE
9 TOWN OF LAKE PARK, THE VILLAGE OF PALM
10 SPRINGS, THE VILLAGE OF NORTH PALM BEACH AND
11 THE DELRAY BEACH PUBLIC LIBRARY ASSOCIATION,
12 INC., FOR THE OPERATION OF A SHARED LIBRARY
13 I AUTOMATION SYSTEM; AND PROVIDING AN
141 EFFECTIVE DATE.
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16 WHEREAS, under the original COALA agreement which was approved by the City
17 i Commission in 1984, four libraries share a library automation system; and
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18 I WHEREAS, this updated Agreement will add the Village of North Palm Beach as a
191 member of COALA; and I
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201 WHEREAS, upon recommendation of staff, the City Commission has determined
21/ that it is in the best interests of the residents of the City to authorize the Mayor and City Clerk
22 to execute the Cooperative Agreement among the City of Boynton Beach, The Town Of Lake
23 Park, The Village Of Palm Springs, The Village Of North Palm Beach and The De1ray Beach I
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Public Library Association, Inc., for the operation of a Shared Library Automation System.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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261 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28, being true and correct and are hereby made a specific part of this Resolution upon adoption
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291 hereof.
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301 Section 2. The City Commission of the City of Boynton Beach, Florida does
31 hereby approve and authorize the Mayor and City Clerk to execute the Cooperative
32 Agreement among the City of Boynton Beach, The Town Of Lake Park, The Village Of Palm
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1 Springs, The Village Of North Palm Beach and The De1ray Beach Public Library
2 Association, Inc., for the operation of a Shared Library Automation System, a copy of which
3 is attached hereto and incorporated herein as Exhibit "A",
4 Section 3. This Resolution shall become effective immediately upon passage.
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5 PASSED AND ADOPTED this _ day of January, 2010.
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7 CITY OF BOYNTON y.EACH, FLORIDA
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161 Commissioner - Ronald Weiland
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241 ATTEST:
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28 t M. Prainito, CMC
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RtO- OO~
COOPERATIVE AGREEMENT AMONG THE CITY OF BOYNTON BEACH, THE
TOWN OF LAKE PARK, THE VILLAGE OF PALM SPRINGS, THE VILLAGE OF
NORTH PALM BEACH, AND THE DELRA Y BEACH PUBLIC LIBRARY
ASSOCIATION, INC. FOR THE OPERATION OF A SHARED LIBRARY
AUTOMATION SYSTEM
THIS COOPERATIVE AGREEMENT, is made and entered into this 51j, day of
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:14.11Q'1 ~, by and between the TOWN OF LAKE PARK, VILLAGE OF PALM
SPRINGS, VILLAGE OF NORTH PALM BEACH, the CITY OF BOYNTON BEACH, all
Florida municipal corporations, and the DELRAY BEACH PUBLIC LIBRARY
ASSOCIA TION, INC., a Florida corporation not for profit, all located in the County of Palm
Beach, hereinafter referred to as "Participants."
WIT N E SSE T H:
WHEREAS, each of the Participants presently maintains a free public library; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the
express purpose of cooperating in the provision of an automated library service which shall
benefit mutually and equally the residents of the cities involved.
NOW, THEREFORE, in consideration of the mutual premises and covenants herein
contained, the participants hereby agree as follows:
Section 1. The Participants, in order to provide for the authority to enter into this
contract, agree to and acknowledge the following:
A. This Agreement constitutes a joint exercise of power shared in common which
any Participant could exercise separately.
B. The purpose of this Agreement is to provide for the establishment and operation
of cooperative automated library services for the mutual advantage of the Participant's municipal
residents. The name of the organization that is formed pursuant to this Agreement is the
Cooperative Authority for Library Automation ("COALA").
C. The City of Boynton Beach will arrange for the purchase of the SIRSI Dynix
Unicorn Software (the "Software"). The Participants will share in the costs associated with the
purchase and maintenance of the Software, and the server on which the Software and associated
information is maintained. Each Participant's share of the annual costs associated with the
purchase and maintenance of the Software and server shall be as indicated in Exhibit" A", which
is attached hereto and incorporated herein by reference.
D. The Participants shall meet annually and at such other times as the Participants
deem necessary in order to address any issues related to the use of the Software.
E. Each Participant shall designate one representative who shall be the contact
person with respect to the operation of the Software and the performance of the Participant's
obligations pursuant to this Agreement.
F. The Participants shall prepare and submit an operational manual for the use of the
Software and server. The Participants may amend the operations manual upon the mutual
written agreement of a majority of the Participants.
G. It is the intent of this Contract that COALA's major function shall be the
establishment of a centralized automated library control service; however, the Participants,
subject to the approval of the governing bodies of all Participants, may amend this Agreement in
order to provide for additional functions as it may deem in the best interests of the public.
H. The annual budget for the performance of this Agreement shall be prepared by the
Participants and submitted to their respective Chief Administrative Officers no later than May 1 sl
of each year as part of each Participants' annual budget. Capital funding and the annual
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operational budget shall be on the basis of proportional contributions for each Participant. The
proportional contributions of each Participant shall be as provided in Exhibit "A" which is
attached hereto and incorporated herein by reference. The annual budget shall be funded from
available Federal, State and local funds that are available for the Participant's use, and shall be
subject to annual budgeting and appropriation by the Participants' governing bodies. Any capital
improvements required in association with the use of the Software shall be computed on the
same fair share basis.
I. The City of Boynton Beach shall keep an accurate accounting of the financial
responsibilities of each Participant, and the Participant's compliance with the terms of this
Agreement. The City of Boynton Beach shall provide an annual report to each Participant
evidencing the expenditures associated with this Agreement, and each Participant's compliance
with its financial obligations.
J. All improvements, fixtures and moveable property to be constructed or installed
at the site of the automated library services control center shall be purchased in the name of the
City of Boynton Beach, for the use of all the Participants. Upon the termination of this
Agreement, any such improvements, fixtures, and moveable property which can be severed
without destroying all resale value shall be sold and the proceeds applied toward liabilities of
each Participant, if any, or divided among all the Participants at the time of termination of this
Agreement as provided in Paragraph K.
K. Upon termination of this Agreement, all of the assets and liabilities associated
with the performance of this Agreement shall be distributed to all of the Participants who remain
a party to the Agreement at the time of termination, pro-rated on the basis of each Participant's
investment.
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L. Neither the Participants nor any of their respective employees shall be deemed to
assume any liability for acts, omissions, or negligence of any other Participant's employees, and
each shall hold the others harmless from and shall defend the others against any claims for
damages resulting therefrom. All liability for injury to personnel and for loss or damage of
equipment incurred in connection with this Agreement or in the performance of services or
functions pursuant hereto shall be borne by the Participant employing such personnel or owning
such equipment, and the Participants shall carry sufficient insurance to cover all such liabilities.
This provision shall not constitute a waiver of sovereign immunity beyond the limits set forth in
Section 768.28, Florida Statutes.
M. Each Participant shall retain the right to terminate this Agreement at any time
following one year's written notice to the other Participants, and after the effective date of such
notice the Participant will be relieved of any further obligations under this Agreement, except
that nothing herein shall be construed to impair the obligations of any other contract then in
effect to which the Participant is a party.
N. The Participants are independent entities and are not employees or agents of the
other Participants. Nothing in the Agreement shall be interpreted to establish any relationship
other than that of independent entities, between the Participants, their employees, agents,
subcontractors, or assigns, during or after the term of the Agreement.
O. Any other library may become a party to this Agreement, and a party to COALA
upon such terms and conditions as are approved, in writing, by all the Participants, which terms
and conditions shall be incorporated into this Agreement by amendment.
P. All Participants shall allow pubic access to all documents and materials associated
with this Agreement in accordance with Chapter 119, Florida Statutes.
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Q. This Agreement states the entire understanding and agreement between the
Participants and supersedes any and all written or oral representations, statements, negotiations,
or agreements previously existing between the Participants with respect to the subject matter of
this Agreement.
R. If any legal action or other proceeding is brought for the enforcement of this
Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection
with any provision of this Agreement, the successful or prevailing party shall be entitled to
recover reasonable attorney's fees and costs incurred in that proceeding, including appellate fees
and costs, in addition to any other relief to which such party may be entitled.
Section 2. The term of this Agreement shall be perpetual, subject to the Participant's
annual budgeting and appropriation, and shall take effect upon execution by all Participants to
wit: TOWN OF LAKE PARK, VILLAGE OF PALM SPRINGS, VILLAGE OF NORTH
PALM BEACH, the CITY OF BOYNTON BEACH, and the DELRA Y BEACH PUBLIC
LIBRARY ASSOCIATION, INC. This Agreement may be deemed effective upon the
concurrence of all Participants in the same manner as the adoption of this Agreement. The
Agreement shall be terminated upon the adoption of an amendment to that effect by all
Participants, or in the event that all but one of the Participants have terminated the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by
the duly authorized officers on this _ day of ,2009.
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Witness: CITY OF BOYNTON BEACH
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APPROV" AS TO FORM:
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Witness: DELRA Y BEACH PUBLIC LIBRARY
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H\1990\900182.BB\AGMT\AGREEMENTS 2009\COALA Agmt (12-1-09).doc
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EXHIBIT A
The Participants' fair share contributions to the Authority's Annual Budget shall be as
follows:
FISCAL YEAR 2009 - 2010
Boynton Beach 33%
Delray Beach 33%
Lake Park 17%
Palm Springs 17%
North Palm Beach $27,730.88
FISCAL YEAR 2010 - 2011 and all subsequent Fiscal Years
Boynton Beach 29%
Delray Beach 29%
Lake Park 14%
Palm Springs 14%
North Palm Beach 14%
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The Ci
ton Beach
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City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
MEMORANDUM
T(): Craig Clark
Library Director
FR()M: Janet M. Prainito, CMC
City Clerk
DATE: January 13, 2010
SUBJECT: Ri0-002 Cooperative Agreement for the Operation of a Shared
Library Automation System
Attached for your handling are six agreements and a copy of the Resolution mentioned
above. ()nce the documents has been executed, please return one original to the City
Clerk's ()ffice for Central Files.
Thank you.
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Attachments (7)
(6 Agreements & 1 Resolution)
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2010\Craig Clark RIO-002.doc
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