AGREEMENT RE LIBRARY SERVICES
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AGREEMENT
Between
THE CITY OF CLEARWATER
and
SCHILLER INTERNATIONAL UNIVERSITY
for
THE PROVISION OF LIBRARY SERVICES
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AGREEMENT
Between
CITY OF CLEARWATER
and
SCHILLER INTERNATIONAL UNIVERSITY
for
THE PROVISIONS OF LIBRARY SERVICE
This is an Agreement between: City of Clearwater, a municipality of the State of
Florida, its successors and assigns, herein referred to as City:
AND
Schiller International University: A corporation organized under the laws of the
State of Delaware, its successors and assigns, hereinafter referred to as University.
WHEREAS, University is licensed pursuant to Chapter 246, Florida Statutes, by
the State Board of Independent Colleges and Universities; and
WHEREAS, the City and University are desirous of pooling their resources to
create a library facility which will meet the needs of the students and faculty at
University as well as augment the services provided to the public;
NOW, THEREFORE, In consideration of the mutual terms, conditions, promises and
covenants hereinafter contained and the sum of Ten Dollars ($10.00) and other good
and valuable consideration, in hand paid to the City by University, it is hereby
agreed by and between the parties hereto as follows:
1. DESCRIPTION OF PREMISES:
City agrees to provide library services to University in return for funding from
COLLEGE as set out below. These services shall be provided at the following
described premises:
Clearwater Public Library System
100 North Osceola
Clearwater, Florida
2. TERM:
The initial term of this Agreement shall begin on the date of execution hereof
and shall expire on September 30, 1991, unless otherwise provided herein.
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3. USE OF PREMISES:
The library shall continue as the Main Library for the Clearwater Public Library
System and shall also be a library for the University as more particularly
provided herein below.
4. OPERATION:
The City shall have full and exclusive
Clearwater Main Library. The City
practices and procedures used in the
such practices and procedures shall be
appropriate as determined by City,
University.
responsibility for operating the City of
shall operate the library according to
City's public library system, except that
modified or augmented, where reasonably
to serve the academic needs of the
The City and University hereby delegate to their respective library divisions
the authority to establish, by mutual agreement, the rules, regulations, and
procedures for operation of the library, and to modify and amend such rules,
regulations, and procedures by mutual agreement as the need arises, provided
that such .rules, regulations, and procedures are consistent with the terms and
conditions of this Agreement, and within the limitations of the funds provided
to City by University as provided in this Agreement. The City and University
reserve to themselves the right to resolve any differences which might arise
between the library departments, and to resolve any failure to reach agreement
as to any particular rule, regulations, or procedure.
5. CONTRIBUTION:
The University shall pay to City the amounts stated below at the time and place
provided herein for the provision of library services by City:
(a) For the first year of this Agreement, University shall pay to City Ten
Dollars ($10.00) per semester for each fulltime equivalent student enrolled
at University (two semesters per year), but the amount remitted shall not
be less than $1,000.00 per semester.
Payment by University to City shall be made on a per semester basis beginning on
the thitlieth day following commencement of the first semester on September 1,
1990, and continuing on the thirtieth day following commencement of each
semester thereafter during the term of this Agreement. Payment shall be based
upon certified fulltime equivalent students on the first day of classes after
the drop/add period, or upon the minimum required contribution, whichever
applies.
6. MEETING ROOM:
The University shall have the right, license and privilege of using the meeting
room in the Main Library upon written request of University to City, on a first-
come, first-serve basis and upon the written consent of the Director of the
Library (fees may apply).
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7. RESERVE BOOK SECTION:
City shall provide a reserve book section for placement of required course
materials for University, subject to the approval of the Director of the Library
for City. The size and location of the reserve book section shall be within the
discretion of the Director of the Library.
8. FACULTY BORROWING PRIVILEGES:
Fulltime and adjunct faculty of University shall have ninety (90) day borrowing
privileges subject to recall upon the request of City. University shall provide
to City on or before the first day of the commencement of this Agreement a list
of full time and adjunct faculty members who shall be given ninety (90) day
borrowing privileges as provided herein.
University shall be responsible to add or delete any names from this list as
changes occur during the term of this Agreement. If University fails to advise
City of the addition or deletion of any names to this list then University shall
be responsible for the payment of any late fees or fines imposed for failure to
return library materials within the usual time required as if this privilege was
not granted.
9. ORIENTATION:
City shall provide assistant to University in developing an orientation program
designed to teach students how to use the resources of the library. The number
of library staff, time and resources provided by City to University for this
purpose shall be within the discretion and determined by the Director of the
Library for City.
10. SUPPLEMENTAL SERVICES:
The City shall provide supplemental library services beyond those set out above
in this Agreement to University for the benefit of the faculty and students of
the University if so agreed to in writing by City and University. These
services shall include but not be limited to the following:
(a) Room for study and special events;
(b) Additional staffing;
(c) Additional library hours;
(d) Equipment and supplies;
(e) Additional books, periodicals and materials.
These additional library services shall be funded by the University. University
and City shall determine on a yearly basis the funds to be allocated to these
supplemental services. University and City shall jointly select the services to
be rendered for additional funds provided, with the City having the final
determining voice as to the additional services provided.
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ll. REPRESENTATIVE:
The University hereby appoints Janis Coker and Jeanette Brock to act as its
representatives in all decisions to be made by University pursuant to this
Agreement, and delegates to each appointee the authority to make all decisions.
Unless notified by University in writing that the appointee's authority to bind
the University has been revoked, City shall be authorized to work with each or
either appointee named in this paragraph and shall not be liable for any action
or decisions made with the consent of either appointee.
l2. CANCELLATION:
This Agreement may be cancelled for any or no reason by City or University upon
ninety (90) days written notice of same given to either party pursuant to
Section l4, NOTICE, herein. In the event of such termination during a ,contract
year, the University shall pay a percentage of the minimum contribution for that
contract year, based upon the percentage of the year that services were
provided.
13. WAIVER:
Failure of the City to insist upon strict performance of any covenant or
condition of this Agreement, or to exercise any right herein contained, shall
not be construed as a waiver or relinquishment for the future of any such
covenant, condition or right, but the same shall remain in full force and
effect. None of the conditions, covenants or provisions of this Agreement shall
be waived or modified except in a written document executed by the parties
hereto with the same formality and of equal dignity as this Agreement.
l4. NOTICE:
Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by registered United States mail, with return receipt
requested, addressed to the party for whom it is intended, at the place last
specified, and the place for giving of notice shall remain such until it shall
have been changed by written notice in compliance with the provisions of this
paragraph. For the present, the parties designate the following as the
respective places for giving of notice, to-wit:
CITY:
Director of the Library
Clearwater Public Library System
lOO North Osceola Street
Clearwater, Florida
UNIVERSITY:
Director of the Library
Schiller International University
453 Edgewater Drive
Dunedin, Florida
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21. EXECUTION:
This Agreement shall be executed in four (4) counterparts, each of which
shall be deemed an original.
Approved as to form
and correctness:
CITY OF CL~ATER. FLORID,A
By: ~ -;i tli
Ron H. Rabun
City Manager
Attest:
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Cynt ia E. Go~~u -'. .
City Clerk -. ".~' - , "-:"'--
Witness:
SCH I LLER I NTERNA TI ONAL U-NfVERS ITY
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By: ~(j~ ~j( -
Title: DJ (-f(11JJr of 5+udt6
DATED: December 21, 1990