Fort Walton Beach Council agenda — 09-11-12 regular — reading text

9 -11 - 12 2013 Interlocal Agreement board approved ( DOC) SIGNATURE BLOCK: Jeff Peters Completed 08/ 29/ 2012 4: 28 PM Finance Completed 08/ 30/ 2012 4: 30 PM  City Council of Fort Walton Beach RECREATION MEMORANDUM To: Michael D. Beedie, City Manager From: Jeff Peters, Recreational and Cultural Services Director Date: September 11, 2012 Subject: Okaloosa County Library Cooperative Agreement City Attorney Completed 08/ 30/ 2012 4: 43 PM Carole Jones Completed 08/ 31/ 2012 2: 17 PM City Manager Completed 08/ 31/ 2012 3: 00 PM City Council Pending  8, 1. a l`' Okaloosa County Public Library Cooperative Interlocal Agreement This Agreement is entered into among Okaloosa County, hereinafter referred to as the County," and the municipalities of Crestview, Destin, Fort Walton Beach, Mary Esther, Niceville, and Valparaiso, hereinafter referred to as " Participating Municipalities," each a municipal corporation located in Okaloosa County, WHEREAS, Chapter 163, Florida Statutes, Intergovernmental Programs, Part I, Miscellaneous Programs, Section 163. 01, The Florida Interlocal Cooperation Act of 1969, provides that public agencies of the State of Florida may exercise jointly with any other public agency of the State of Florida any power, privilege, or authority which such agencies share in common, and which each might exercise separately; and that a joint exercise of power by such agencies may be made by contract in the form of an interlocal agreement; and, WHEREAS, Chapter 125, Florida Statutes, subsection 125. 01( f), authorizes the County to provide libraries and cultural facilities and programs; and, WHEREAS, Chapter 166, Florida Statues, subsection 166. 021( 1), authorizes municipalities to render municipal services, and exercise any power for municipal services, and exercise any o CL power for municipal purposes, except when expressly prohibited by law; and, CL M WHEREAS, the County and the Participating Municipalities desire to cooperate in a countywide .° 0 agreement to provide public library services without charge in Okaloosa County; and, = WHEREAS, the County is an eligible political subdivision under Chapter 257. 17, Florida Statutes, that can participate in the State Aid to Libraries Program and is designated as the single administrative unit that can designate a governing body for countywide library service; THEREFORE, the parties agree as follows: PURPOSE: The County and Participating Municipalities agree to cooperate, pursuant to the terms of this Interlocal Agreement, in the operation of a countywide public library cooperative in Okaloosa County. In particular, it is the express purpose of the Agreement to provide for the coordination of library service throughout the legal service area of the COOPERATIVE; to provide for equal access to free (without charge) public library service in the Cooperative service area; and to formulate and implement consistent plans, programs, policies and procedures in the operation, maintenance and development of library service throughout the legal service areas of the participating entities.  Agreement shall be binding and valid when submitted in writing and approved by each Participating Governing Body and by the Governing Board, and executed on behalf of each Participating Governing Body and the Governing Board. 4. TERMS: The term of this Agreement shall commence and be effective on the date the last party signs the agreement or by October 1, 2012 whichever comes first, and shall end or be renewed December 31, 2013 unless terminated in accordance with the provisions of the Agreement or unless extended by supplemental Agreement subject to renewal and revision. Recognizing the Agreement crosses two fiscal years ( FY2013 and FY2014) but monetary allocation is distributed in FY2013, the allocation for FY2014 will be based upon future appropriation by Okaloosa County Board of County Commissioners. 5. WITHDRAWAL AND TERMINATION: Any Participating Governing Body may withdraw from the Cooperative established by the Agreement, and thereby terminate its rights and responsibilities under the Agreement. Section 7 defines Dispensation of Property and Equipment. The termination and withdrawal shall be effective on the next succeeding December 31, and shall be accomplished by the giving of written notice of the withdrawal and termination to the Governing Board and to each Participating Governing Body on or before August 1 prior to the December 31 effective date of termination. d 0 6. ADDITION OF NEW MEMBERS: CL CL a) Libraries: Any library within Okaloosa County may become a party to the Agreement a and a member of the Okaloosa County Public Library Cooperative that meets the 0 following minimum standards. 1) Be administered by a governing board responsible for the decision and policy making activities of the Participating Library. 2) Be an established library with the physical facilities to securely house a library collection. 3) Have an annual budget of at least $ 40,000 as verified by the latest independent audit report and a continuous source of funding. 4) Submit a letter of intent for formal membership to the Okaloosa County Public Library Cooperative Governing Board prior to May 1 of the current fiscal year and obtain approval by each Participating Governing Body and execution and delivery of a counterpart original of the Agreement (as then in force), prior to August 1 of the current fiscal year. b) Upon satisfaction of these conditions, the proposed new Participating Library shall become a party to the Agreement and a member of the Okaloosa County Public Library Cooperative effective the next succeeding January 1, subject to all the provisions and obligations, and entitled to all the privileges and rights, accruing to all of the Participating Libraries under the Agreement. 7. DISPENSATION OF PROPERTY AND EQUIPMENT: Upon withdrawal or termination of the Agreement by any Participating Library (whether early termination or otherwise), all real property and equipment classified as fixed assets, defined in this agreement, purchased with federal funds by the Cooperative belongs to the Okaloosa County Public Library Cooperative and reverts to the Florida Department of State, Division of Library and Information Services (State Library) if the Cooperative ceases to exist. That library will be given a copy of its Marc Records in its current format at the time of termination. If the terminating library requests its records to be expunged from the Cooperative database, it will be done at the terminating library' s expense. Materials and equipment purchased with local or grant funds other than federal Library Services and Technology Act grant funds, whether funds of a municipality or the County, shall remain the property of the Participating Library for which they were purchased, except in the case of any subsequent agreement or amendment to this Agreement. 8. GOVERNING BOARD: The name of the Governing Board shall be Okaloosa County Public Library Cooperative Board hereinafter called the Governing Board. Each Participating Governing Body that operates a Participating Library shall appoint one member to the Governing Board; the County shall appoint one member to represent the unincorporated area of the county. Each Participating Governing Body shall designate at least one alternate representative to act on its behalf during any absence. The office of Chair shall be assigned to the member representing the County. The Cooperative Coordinator shall be an ex officio non- voting) member of the board. Board members will not be paid a salary or wages, but may be reimbursed for travel and per diem expenses in accordance with section 112. 061, Florida Statutes. The Governing Board serves as the governing body for the Library Cooperative and has the following powers, duties and responsibilities: a) Managing the affairs of the Cooperative. b) Bylaws will be established by the Governing Board. c) There will be six or more open public meetings a year of the Governing Board. d) Adopt a long -range plan and annual plans of service which are developed by the Cooperative Coordinator and the Library Directors' Council to describe goals, objectives and activities of the Participating Libraries and the Participating Governing Bodies. e) Receive and disburse funds from the County, from state and federal grant sources, and from private donations, foundations, or other sources. f) Contract with the County to provide essential support services for the Library Cooperative. g) Contract for services consistent with the Cooperative' s Long -Range Plan and Annual Plans of Service. h) Adopt and maintain a position description for and hire a Cooperative Coordinator through the established policies and procedures of the County. 4 9. STAFFING: The Cooperative Coordinator shall be hired by the County and shall have the following minimal qualifications: A Master' s degree in Library Science from an American Library Association accredited university or college followed by two years of successful, full - time paid library experience in a public library open at least 40 hours a week. Cooperative staff members are employees of Okaloosa County, and their compensation and benefits will be in accordance with County policy. The Cooperative Coordinator, under the supervision of the Board, shall interview, select, supervise and recommend discharge of staff for the office of the Cooperative in accordance within established County policies. All paid staff of the Participating Libraries shall remain employees of the Participating Governing Bodies that operate each library and the Participating Governing Bodies shall retain all rights, responsibilities and powers associated with employment of staff. 10. POWERS, DUTIES AND RESPONSIBILITIES OF THE COOPERATIVE COORDINATOR: The Coordinator shall be accountable to the Board for overall administration of the Cooperative c and implementation of policies, procedures and programs, as determined by the Board. a The following activities, as a minimum, shall be carried out by the Coordinator for all o Participating