MEMORANDUM OF UNDERSTANDING FOR FUNDING OF A JOINT USE LIBRARY OPERATIONMEMORANDUM OF UNDERSTANDING
FOR FUNDING OF A JOINT USE LIBRARY OPERATION
his Memorandum of Understanding (the "Memorandum") is made as of this �
day of ,�?L!J 2012, ("Effective Date") by and between the City of Clearwater, Florida
(the "City"), a municipal corporation of the State of Florida, with principal offices at 112 S.
Osceola Avenue, Clearwater, Florida 33756-5103, and the Board of Trustees, St. Petersburg
College, PO Box 13489, St. Petersburg, Florida 33733, (the "College") a political subdivision of
the State of Florida.
WHEREAS, City, and College intend to collaborate on planning for a possible joint use
library operation at the Clearwater campus of the College; and
WHEREAS, the College is planning to build a new Learning Resource building on their
Clearwater campus to replace an outdated library facility; and
WHEREAS, the City is planning to renovate and expand their East Branch facility
because the existing facility is need of updating; and
WHEREAS, the two facilities exist within close proximity to each other; and
WHEREAS, the City and the College believe the libraries of the two institutions share a
similar mission and purpose; and
WHEREAS, eventually creating a joint use facility could have many benefits for all
stakeholder groups including faculty, students and the general public, providing enriched access.
to information and resources, expanded programming opportunities and efficient use of human
resources; and
WHEREAS, developing a joint use library would create a synergistic partnership that
would benefit both organizations and the community;
NOW, THEREFORE, it is hereby agreed by and between the partners as follows:
Section 1. The City and the College will enter into discussions to develop an agreement and
cost formula for building a common facility to be used as a joint use library to serve the
�dministration, faculty and staff �f the College and the general public primarily of the City and
Pinellas Courity, to be focated on the Clearwater campus of the College. In consideration of
space provided to the City, such cost formula will be utilized to calculate the proportional
contribution of the City toward the capital costs of the facility. It is anticipated that the facility
shall include both shared and exclusive space, and that the square footage available for City
usage shall not be less than that of the East Branch library.
Section 2. The City and the College will enter into discussions to develop an agreement
outlining capital funding/construction and a comprehensive Intergovernmental Agreement for
operation of the joint use library facility and the ongoing distribution of costs of such an
operation. The City will have a representative, chosen at the City's sole discretion, on any
selection committee convened for the purpose of selecting any design professional, contractor,
manager, or any similar independent contractor retained pursuant to this Agreement or any
subsequent Capital Funding/Construction or Intergovernmental Operations Agreements.
Section 3. The City and the College will meet as necessary to address all issues associated
with a joint use facility including the hours, transfer and maintenance of existing and anticipated
materials and collections, staffing and technology needed to ensure the maintenance of service
at satisfactory levels for both organizations.
Section 4. The City and the College agree to provide initial planning dollars to support
development of the planning goals listed above and the programming phase of the facilities
plan, not to exceed $30,000 from the City, to be matched by the College. The amount provided
by the City shall be paid to the College and due upon execution of this Agreement.
Section 5. Responsibilities under this Memorandum of Understanding will begin on the date
on which both governing bodies approve the agreement and extend one year, or until both
organizations approve construction and long-term operating agreements.
Section 6. The Parties hereto agree to cooperate in good faith to pursue and fulfill the intent
of this Agreement; however, the City reserves the right to terminate this Agreement should
budget conditions in any way require the City to do so.
Section 7. This Agreement may not be assigned or transferred by either party, in whole or in
part, without the written consent of the other.
Section 8. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
Section 9. All notices, demands, requests or other instruments shall be given by depositing
the same in the U.S. Mail, postage prepaid, registered or certified with return receipt:
(a) If to the College, address to the Office of the General Counsel, PO Box 13489,
St. Petersburg College, Florida 33733 or at such other address as the College may designate
by written notice to the City; and
(b) If to the City, address to P.O. Box 4748, ATTN: Barbara Pickell, Clearwater,
Florida 33758, or at such other address as the City may designate by written notice to the
College.
All time limits provided hereunder shall run from the date of receipt of all such notices,
demands, requests, and other instruments.
Section 10. Should any section or part of any section of this Agreement be rendered void,
invalid, or unenforceable by any court of law, for any reason, such a determination shall not
render void, invalid, or unenforceable of any other section or any part of any section of this
Agreement.
Section 11. This Agreement constitutes the entire Agreement between the Parties, and no
change will be valid unless made by supplemental written agreement executed by both Parties.
Section 12. Each party to this Agreement represents and warrants to the other party that (i) it
is duly organized, qualified and existing entities under the laws of the State of Florida, and (ii) all
appropriate authority exists so as to duly authorize the persons executing this Agreement to so
execute the same and fully bind the party on whose behalf they are executing. This Agreement
is subject to approval by the parties.
Section 13. Nothing contained herein shatl be deemed or construed by the parties hereto, nor
by any 3�d party, as creating the relationship of principal and agent or a partnership beyond what
is contemplated by this Agreement between the parties hereto.
Section 14. Both parties shall comply with all federal, state, county, and local laws,
regulations, and ordinances at all times.
IN WITNESS WHEREOF, the undersigned parties have hereunto affixed their hands and seals
the day and year first above written.
Countersigned:
— r{e�IL�nC�c�.I�S
George N.�Cr,+etekos
Mayor / // �
Camilo A. Soto
Assistant City Attorney
Approved as to form:
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CI F CLEAR A ER, FLORIDA
Willia B. Horne, f
�City Manager
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Attest:
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Rosemarie Call
City Clerk
ST. P TERSBUR COLL E
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William D. Law, Jr., President
Secretary to the Board of Tru:
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