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

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 b-ased 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. c) The County shall provide an additional allocation this fiscal year which shall be used to offset increased administrative costs imposed upon or provided to the cooperative by 7  the County and shall not be subject to the funding formula in paragraphs a) and b) above. Said amount shall be equal to the increased administrative costs imposed by the County. 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 intended to nor shall be construed a waiver of County's, Crestview's, Destin's, Fort Walton 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. 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 CITY OF FORT WALTON BEACH MAYOR CITY MANAGER CITY MANAGER City of Crestview City of Destin City of Fort Walton Beach P. 0. Box 1209 4200 Indian Bayou Trail 107 Miracle Strip Parkway Crestview, FL. 32536 Destin, FL. 32541 Fort Walton Beach, FL. 32549 8 CITY OF MARY ESTHER CITY OF NICEVILLE OKALOOSA COUNTY CITY MANAGER CITY MANAGER COUNTY ADMINISTRATOR City of Mary Esther City of Niceville 1804 Lewis Turner Blvd. 195 Christobal Road 212 Partin Drive Suite 400 Mary Esther, FL. 32569 Niceville, FL. 32578 Fort Walton Beach, FL. 32547 CITY OF VALPARAISO CITY CLERK City of Valparaiso 465 Valparaiso Parkway Valparaiso, FL. 32580 24. ENTIRE AGREEMENT: This Agreement embodies the entire agreement between the parties. It may not be modified or terminated except as provided herein. If any provision herein is invalid, it shall be considered deleted therefore, and shall not invalidate the remaining provision. 25. GOVERNING LAW: The parties intend that this Agreement and the relationship of the parties shall be governed by the laws of the State of Florida. Venue for any action arising out of this Agreement between the parties shall be exclusively in Okaloosa County, Florida and nowhere else. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. ! CITY OF CRESTVIEW r Il ATTEST: ~i:g__, ~ f Mayor, City of Crestview ' (Title) ~~ {!J.,ud( This~yof~ ,2013 CITY OF DESTIN ATT~ Mayor, City of Destin (Title): C<ry ~ This 2£2 day of '1'\o-v-.--~. 2013 9  CITY OF FORT WALTON BEACH ATTEST:~ Jan~ Mayor, City of Fort Walton Beach (Title) kk,.;tC, ~ This~day of r9:>~he.Y , 2013 CITY. OF MARY ESTHER ATTESTV~ w~.a~ Mayor, City of Mary Esther (Title): ~/~aLe~ ~ This J._Lday of Naueu-z fAec-2013 CITY OF NICEVILLE ATTESTf1.J/ ~ Mayor, City of Niceville (Title): &If d.Jale This lf~ay of /WV"'''H.,_ , 2013 CITY OF VALPARAISO (Title): COOPERATIVE GOVERNING BOARD ATTEST ~~E. St::;..... Chairman, Okaloosa County Public Library Cooperative (Title): ~~ 6CfLC This ~day of })'l!~dl~r , 2013 10 OKALOOSA COUNTY (Title): II  APPENDIX A The Florida Statutes t ' Title XVIII Chapter 257 PUBLIC LANDS AND PUBLIC LIBRARIES AND STATE PROPERTY ARCHIVES 257.261 Library registration and circulation records.-- (1) All registration and circulation records of every public library, except statistical reports of registration and circulation, are confidential and exempt from the provisions of s. 119.07(1) and from s. 24(a) of Art. I of the State Constitution. (2) As used in this section, the term "registration records" includes any information that a library requires a patron to provide in order to become eligible to borrow books and other materials, and the term "circulation records" includes all information that identifies the patrons who borrow particular books and other materials. (3)(a) Except in accordance with a proper judicial order, a person may not make known in any manner any information contained in records made confidential and exempt by this section, except as otherwise provided in this section. (b) A library or any business operating jointly with the library may, only for the purpose of collecting fines or recovering overdue books, documents, films, or other items or materials owned or otherwise belonging to the library, disclose information made confidential and exempt by this section to the following: 1. The library patron named in the records; 2. In the case of a library patron less than 16 years of age, the parent or guardian of that patron named in the records; 3. Any entity that collects fines on behalf of a library, unless the patron is less than 16 years o-i age, in which case only information identifying the patron's parent or guardian may be released; 4. Municipal or county law enforcement officials, unless the patron is 16 years of age, in which case only information identifying the patron's parent or guardian may be released; or 5. Judicial officials. (4) Any person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History.--s. 1, ch. 78-81; s. 1, ch. 89-18; s. 1, ch. 96-220; s. 112, ch. 96-406; s. 1, ch. 2003-13; s. 6, ch. 2003-126. 12 Effective 5/15/2012 APPENDIX B CONTRACT# C12-19o9-UB OKALOOSA LIBRARY COOPERATIVE FISCAL AGENT MOU EXPIRES: INDEFINITe Memorandwn of Understanding (MOU) between The Okaloosa County Public library Cooperative and The Board of County Commissioners of Okaloosa County, Florida This is an agreement between The Okaloosa County Public Library Cooperative, hereinaJter referred to as The Cooperative and the Board of County Commissioners of Okaloosa County, Florida, hereinafter referred to as The Board. The purpose of this M 0 lJ is to identify The Board as the fiscal agent for The Cooperative and to grd!It them the authority to receiYe and disburse funds from Okaloosa Coumy, from state and !Cderal grant sources, from p1ivate donations and foundations and from any other sources. The G~ver~ing Board shall follow the standard operating procedure for grant applications as defined by the County. This ;\10U shall be effective upon d1c signatures of The Cooperatives and d1e Boards authorized ofl!cials. It shall be in force from d::tte of signature unless suspended by agn;ement of boll1 in subsequent \10U. <J?d/ 4- - . ~/ _r-..:_~---------------------- Bill Roberts, Chairman Okaloosa County Public Library Cooperative -~ - ~;-~-: :>. ~~----·'::_L~··. Don R Amunds, Chairman '\2>,. .. · · Board of County Commissioners ··-... __ ALLesL: 13