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

Libraries under the plans, policies, and budgets adopted by the Cooperative M Governing Board, and they may not be delegated through Interlocal agreements or any other service agreements: coordinate development of a single long -range plan for the Cooperative; coordinate development of a single annual plan of service; compile an annual combined expenditure report for application for State Aid by OCPLC, combining all a Participating Libraries' expenditures, and the Cooperative' s expenditures including any state or federal grants; implement the Cooperative long -range plan, annual plan of service, and annual budget; and prepare reports on behalf of the Cooperative and Participating c Libraries as required by the Florida Department of State, Division of Library and Information Services. E 11. LIBRARY DIRECTORS' COUNCIL: The Council will advise the Cooperative Governing Board on services, plans and policies for the Cooperative. The Council membership will include the library director of each participating library, the Cooperative Coordinator, and other appointments as deemed necessary by the Governing Board. The Council will hold at a minimum, one meeting per month, except in December. 12. LONG -RANGE AND ANNUAL PLAN: The Cooperative Coordinator shall coordinate development and implementation of a long -range plan for the operation, maintenance and development of library services to the residents of the Cooperative Service Area. The long - range plan shall be developed in coordination with the Cooperative' s Governing Board, the participating governing bodies, residents of the Service Area, and the Library Directors' Council. The plan shall be adopted by the Cooperative Governing Board and be maintained through a yearly update by the Cooperative Coordinator in coordination with the aforementioned parties. All authority with respect to funding of the long -range plan and of  any other library program or expenditure from Participating Library Governing Body funds shall lie solely with that Participating Library Governing Body. 13. ANNUAL BUDGET: The budget shall be developed along a fiscal year beginning October 1 and ending September 30 each year. The Cooperative budget shall be developed by the Cooperative Coordinator and shall take into account funds received from the County, state and federal governmental sources, except state construction grants, and all other revenue sources received to provide library service. The budget shall be adopted by the Cooperative Governing Board. 14. ACCEPTANCE OF GIFTS, GRANTS, FUNDS, OR BEQUESTS: The Governing Board, on behalf of the Cooperative, shall have the authority to apply for or receive gifts, grants, funds or bequests. The Board, through a Memorandum of Understanding, has designated the County as the fiscal agent to apply for or receive its funds from all sources. The Governing Board shall follow the standard operating procedure for grant applications as defined by the County. Municipalities shall retain the authority to apply for state construction grants and to receive gifts, funds or bequests intended for use solely at an individual Participating Library. All monies, property or funds granted to the Cooperative shall be the property of the Cooperative, subject to termination provisions as set forth in this Agreement. Any monies, property, or funds granted to municipalities for the benefit of a Participating Library shall remain the property of the Participating Library. 15. FISCAL RESPONSIBILITY: All funds administered by the Cooperative Coordinator shall be audited with the County' s independent audit annually, which audit shall be prepared and presented to the Governing Board, each Participating Governing Body, and to the Florida Department of State, Division of Library and Information, to qualify for the State Aid Program as necessary. Each participating municipality with a library shall provide one copy of its audit for each fiscal year, as it relates to library functions, to the Cooperative within thirty (30) days following acceptance of the audit by the governing body of the municipality. The audit shall be presented with an auditor' s letter of opinion and the Finance Director' s signature attached, and a copy shall be forwarded by the Cooperative to the Florida Department of State, Division of Library and Information Services, to qualify for the State Aid Program as necessary. Upon request, the Cooperative Coordinator shall furnish to each Participating Governing Body, within thirty (30) days following the previous period a written quarterly report regarding the use and expenditure of funds under the control of the Cooperative. Reports shall include quarterly revenues by source and expenditures by object code, year -to -date expenditures by object code, and the balance for the fiscal year; form to be determined by the Cooperative. Upon request, the governing body of each Participating Library shall furnish to the Cooperative Coordinator, within thirty (30) days following the previous period, a written quarterly report regarding the use and expenditure of funds, as they 6  relate to library functions, under the control of the Participating Governing Body. Reports shall include quarterly revenues by source and expenditures by object code, year -to -date expenditures by object code, and the balance for the fiscal year; form to be determined by the Cooperative. 16. APPROPRIATION OF PARTICIPATING MUNICIPALITY FUNDS: There is reserved to the Participating Municipalities the sole and exclusive discretion to determine the amount of annual appropriations from their own revenues and sources for the provision of library services. However, minimum support at the level of funding appropriated prior to entering the Cooperative is recommended for Participating Municipalities. Subject to that reservation, Participating Municipalities agree to expend funds using the Okaloosa County Public Library Cooperative Long -Range Plan as a guide for library service development. 17. APPROPRIATION AND ALLOCATION OF OKALOOSA COUNTY FUNDS: The County shall c c provide $ 513, 600 for the period beginning October 1, 2012 and ending September 30, 2013. The amount to be provided by the County will be determined by the approved o county budget with the basic agreement being revised by amendment accordingly. The M Cooperative' s Governing Board shall disburse funds received by the County' s allocation as r follows: as a) Twenty percent (20 %) of the monies allocated by the County shall be used for a Administrative and Outreach Services for the Cooperative. C b) The remaining funds, eighty percent (80 %), allocated by the County shall be distributed R to Participating Municipalities with Libraries according to the following guidelines and 0 formula: Construction funds are expressly prohibited. Spending calculations and productivity statistics shall be based on those from two years prior to the allocation period. Spending shall mean total audited expenditures of a library excluding funds allocated from the Cooperative. Percentages shall be derived from totaling statistics of the member municipal libraries. 1) Thirty percent ( 30 %) divided equally among participating municipalities with libraries 2) Fifty percent (50 %) based on productivity, which consists of circulation, internet usage, and transits lost. 3) Ten percent ( 10 %) based on funds expended through the library budget on personnel /staffing, which includes salary and benefits. 4) Ten percent ( 10 %) will be based on funds expended through the library budget on collection, which includes books, AV materials, databases, and periodicals. Distribution shall be based on submittal of annual operating costs with descriptive codes in accordance with the state chart of accounts. Funds received by the Cooperative shall be  disbursed within a reasonable time ( not to exceed 90 days) after receipt. The disbursement formula shall be reviewed by the Governing Board for modifications deemed appropriate following review of data collected indicating the number of users for each library and /or use of each library' s collection. Any change to the allocation formula will require a modification or amendment to this Agreement and execution by each Participating Governing Body. 18. LIBRARY USE: Participating Libraries shall monitor library card registration and circulation by patrons who are not residents of the city in which the library is located by preparation of statistical reports of library items circulated by statistical classes to be established by the Cooperative, on a quarterly basis. 19. ADDITIONAL RESPONSIBILITIES OF PARTICIPATING GOVERNING BODIES: Participating Governing Bodies shall abide by all state and federal laws, and specifically those relating to the provision of library services; Participating Governing Bodies shall retain local autonomy and control of the operations and functions of its participating library, except where Participating Governing Bodies have ceded authority to the Cooperative Governing Board through this agreement. 20. SOVEREIGN IMMUNITY: The parties further agree that nothing contained herein is d 0 intended to nor shall be construed a waiver of County' s, Crestview' s, Destin' s, Fort Walton a a Beach' s, Mary Esther' s, Niceville' s, or Valparaiso' s rights and immunities under Florida Constitution, common law or Florida Statutes 768. 28 as amended from time to time. a 0 M 21. INSURANCE: The Cooperative and Participating Governing Bodies shall provide, pay for, and maintain in force at all times during this Agreement insurance to cover its respective buildings, contents and vehicles, workers' compensation, liability and any other insurance required by law. 22. MODIFICATION OF AGREEMENT: Modifications, amendments, or alteration of the terms or conditions contained herein shall be effective when submitted in a written document executed by the parties hereto, with the same formality, and of equal dignity herewith. 23. NOTICE: All notices, demands, or other writings required to be given or made or sent in this Agreement, or which may be given or made or sent, by any party to the other, shall be deemed to have fully given or made or sent when in writing and addressed to: CITY OF CRESTVIEW CITY OF DESTIN