Okaloosa County BOCC — September 2, 2014 — FY13-14 Ok Cty Public Lib Coop Interlocal Agree and Memo of Understanding — reading text

DoNW. HowARD CLERK OF THE CIRCUIT CoURT, 0KALOOSA CoUNTY, FLORIDA December 19, 2013 Grants Office Division of Library and Information Services Marian Deeney, Library Program Administrator R.A. Gray Building, Room 206 500 South Bronough Street Tallahassee, FL 32399-0250 RE: FY2013-2014 State Aid to Libraries Grant Okaloosa Interlocal Agreement and t Memorandum of Understanding r '~ t J Dear Ms Deeney: We have enclosed one fully executed original Interlocal Agreement and one copy of our II Memorandum ofUnderstanding for update to the State's files. l I If I may be of further assistance, please give me a call at (850) 651-7200 extension 4381 or via email at bbailey@clerkofcourts.cc. Sincerely, I ~~'(,6~-c~ I Brenda L. Bailey Contracts and Grants Manager Enclosures cc: Vicky Stever 0 101 E. JAMES LEE BLVD.• CRESTVIEW, FWRIDA 32536. (850) 689-5000 REPLY TO: 0 SHALIMAR ANNEX • 1250 N. EGLIN PKWY, Sum B-110 • SHALIMAR, FwRioA 32579 • (850) 651-7200 0 BRACKIN BUILDING. 302 NORTII WILSON ST., SUITE 203. CRESTVIEW, FWRIDA 32536. (850) 689-5000  CONTRACT# C03-1 018-LIB OKALOOSA COUNTY PUBLIC LIBRARY COOP INTERLOCAL OPERATING AGREEMENT EXPIRES: 12/31/2014 Okaloosa County Public Library Cooperative lnterlocal 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 lnterlocal 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 power for municipal purposes, except when expressly prohibited by law; and, WHEREAS, the County and the Participating Municipalities desire to cooperate in a countywide 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: 1. PURPOSE: The County and Participating Municipalities agree to cooperate, pursuant to the terms of this lnterlocal 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. 2. DEFINITIONS: a) "Cooperative" shall mean the Okaloosa County Public Library Cooperative. b) "Cooperative Coordinator" shall mean the employee of the Okaloosa County Public Library Governing Board who administers Cooperative headquarters and coordinates Cooperative activities and who meets the requirements and carries out the duties of the single administrative head as defined in 1B-2.011(3)(dL Florida Administrative Code. c) "County" shall mean Okaloosa County, a political subdivision of the State of Florida. d) "Crestview" shall mean the City of Crestview, a municipal corporation located in Okaloosa County, FL, that operates the Robert L. F. Sikes Public Library. e) "Destin" shall mean the City of Destin, a municipal corporation located in Okaloosa County, FL, that operates the Destin Library. f) "Directors Council" shall mean a council whose membership will include the library director of each participating library and other appointments as outlined in the Library Cooperative Bylaws. g) "Fiscal Year" shall mean budget year October 1-September 30. h) "Fixed Assets" is defined by the county as all property with value of $1,000 or more purchased under the equipment control account, as amended from time to time. Fixed Assets shall be in accordance with Board directives, Florida Statutes, and the Rules of the Auditor General. i) "Fort Walton Beach" shall mean the City of Fort Walton Beach, a municipal corporation located in Okaloosa County, FL, that operates the Fort Walton Beach City Library. j) "Governing Board" shall mean the governing body of the Okaloosa County Public Library Cooperative as empowered pursuant to the Agreement. k) "Mary Esther" shall mean the City of Mary Esther, a municipal corporation located in Okaloosa County, FL, that operates the Mary Esther Public Library. I) "Niceville" shall mean the City of Niceville, a municipal corporation located in Okaloosa County, FL, that operates the Niceville Public Library. m) "Participating Governing Body" shall mean the governing body of Okaloosa County, the governing bodies responsible for the decision and policy making activities of Participating Libraries and the governing bodies of Participating Municipalities without Libraries. n) "Participating Library" shall mean any of the libraries or library services located within Okaloosa County that have entered into this Agreement. e} "Service Area" shall mean all eligible residents of Okaloosa County p) "Valparaiso" shall mean the City of Valparaiso, a municipal corporation located in Okaloosa County, FL., that operates the Valparaiso Community Library. 3. This Agreement shall constitute the entire agreement of parties hereto and of the Okaloosa County Public Library Cooperative. There are no promises, representations, or warranties other than those set forth herein. This Agreement shall be binding upon the parties and successors in interest, in accordance with its terms. Modifications or amendments of the 2  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 January 1, 2014 whichever comes first, and shall end or be renewed December 31, 2014 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 (FY2014 and FY2015) but monetary allocation is distributed in FY2014, the allocation for FY2015 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. 6. ADDITION OF NEW MEMBERS: a) Libraries: Any library within Okaloosa County may become a party to the Agreement and a member of the Okaloosa County Public Library Cooperative that meets the 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 offunding. ., (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. 3 7. DISPENSATION OF PROPERTY AND EQUIPMENT: Upon withdrawal or termination ofthe 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 II