Backup Documents 12/10/2019 Item #16D 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney OfficeL, li
4. BCC Office Board of County
Commissioners \f‘i ,l \Z-Vt\fq
5. Minutes and Records Clerk of Court's Office
fT a'..51zp+l,
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Tanya Williams, Library Director 252-7392
Contact/Department
Agenda Date Item was 12/10/2019 j Agenda Item Number 16-D-6 I
Approved by the BCC
Type of Document Family Search Affiliate Library Agreement Number of Original 1 (4 pages)
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK TRW
2. Does the document need to be sent to another agency for additional signatures? If yes, TRW
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be TRW
signed by the Chairman, with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's TRW
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the TRW
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TRW
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip TRW
should be provided to the County Attorney Office at the time the item is input into
MinuteTraq. Some documents are time sensitive and require forwarding to Tallahassee
within a certain time frame or the BCC's actions are nullified. Be aware of your
deadlines!
8. The document was approved by the BCC on 12/10/19 and all changes made during TRW
ttA
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable. ...
9. Initials of attorney verifying that the attached document is the version approved by the RW
BCC,all changes directed by the BCC have been made,and the document is ready for e "
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1606
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday, December 12, 2019 9:05 AM
To: WilliamsTanya
Subject: Agenda Item #16D6 (12-10-2019)
Attachments: Backup Documents 12_10_2019 Item #16D 6.pdf
Good Morning Tanya,
A signed copy of Agenda Itevvt ##161)6, approved
by the Board of County Commissioners ovt Tuesday,
December 10, 2019, is attached for your records.
Thank you.
Ann Jennejohn
BMR Senior Deputy Clerk
�,s,,„�t�rk:r Clerk to the Value Adjustment Board
,.,�� Office: 239-252-8406
Fax: 239-252-8408 (if applicable)
Ann.Jennejohn@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
` �� •" 3299 Tamiami Trail, Suite#401
Naples, FL 34112-5324
www.CollierClerk.com
oa0
IP Family Search 1 6 11 6
AFFILIATE LIBRARY AGREEMENT
(USA/Canada)
This AFFILIATE LIBRARY AGREEMENT ("Agreement"), dated , 2019 is between FamilySearch International, a
Utah non-profit corporation ("FamilySearch"), and Collier County, a Political Subdivision of the State of Florida on behalf of the
Collier County Public Library("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 Collier County Public Library, Administrative Offices located at 2385 Orange Blossom Dr., Naples, FL 34109. Three library
facilities are listed at the end of the document.(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
Support@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.
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• 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
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
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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
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 Collier County Public Library Headquarters
15 East North Temple 2385 orange Blossom Drive
Salt Lake City, Utah 84150 Naples, FL 34109
E-mail: affiliatelibraries@familysearch.org Tanya.Williams@colliercountyfl.gov
With a copy to:
Office of General Counsel
50 East North Temple
Salt Lake City, Utah 84150
All notices will be effective upon receipt.
8. INDEMNIFICATION. To the maximum extent permitted by Florida law, the FamilySearch shall defend, indemnify and hold
harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the FamilySearch or anyone employed or utilized by the FamilySearch in the performance
of this Contract. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier County.
The duty to defend under this Article 8 is independent and separate from the duty to indemnify,and the duty to defend exists
regardless of any ultimate liability of the FamilySearch, County and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such claim being provided to FamilySearch.
FamilySearch's obligation to indemnify and defend under this Article 8 will survive the expiration or earlier termination of this
Contract until it is determined by final judgment that an action against the County or an indemnified party for the matter
indemnified hereunder is fully and finally barred by the applicable statute of limitations.
9. Venue. Any suit or action brought by either party to this Contract against the other party relating to or arising out of this
Contract must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
10. Assignment. FamilySearch shall not assign this Agreement or any part thereof, without the prior consent in writing of County.
Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void.
If FamilySearch does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to
it and to assume toward FamilySearch all of the obligations and responsibilities that FamilySearch has assumed toward County.
11. 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
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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.
12. 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 INTERNATIONAL: LIBRARY
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Name: { �C.I.oikcV E zr�C:t��� Name;. tit); Marv) L {N1c l-�a�ie� 3r
Title: .^-ec '—e,,f � t�;� C�r> Title: C La'sro-14
Tax ID number or GST: S! --(CJoa ssS
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Collier County Public Library locations offering access to FirstSearch through this agreement. `'' 14•.,
• Headquarters Regional Library ATT ;'.�, 7(Ir]ZEL, CLERK
2385 Orange Blossom Dr. C'
Naples,FL 34109
• South Regional Library ; 4 p c''uta:C erk
8065 Lely Cultural Pkwy keSt ha °n s
Naples,FL 34113 tare Ona •
• Naples Regional Library Sight# ' y� -
650 Central Ave Approved as to form and legality
Naples,FL 34102
Assistant County Attorney r
Item# 111 — e
Agenda% ^:K
-
Date --'—�
Date la a
Rec'd
` 1
(19-LIB-00176/1493134/11 FamilySearch Affiliate Library Agreement(2017) •eputy Clerk '
4819-7348-2066
USA/Canada version 4
•