Fort Walton Beach Council agenda — 02-12-08 regular agenda — reading text

Cooperative Coordinator' shall mean the employee of the Okaloosa County Public Library Governing Board who administers and coordinates' Cooperative activities and who meets the requirements and carries out the duties of the single administrative head as defined in 1 B- 2. 011( 3)( d), 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 Bylaws. g) " Family' shall mean two or more individuals related by blood, marriage, adoption, or guardianship living together as a single housekeeping unit. h) " Fiscal Year' shall mean budget year October 1- September 30. i) " Fixed Assets" is defined by the county as all property with value of $750 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. j) " 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. k) " Governing Board" shall mean the governing body of the Okaloosa County Public Library Cooperative as empowered pursuant to the Agreement. 1) " Mary Esther' shall mean the city of Mary Esther, a municipal corporation located in Okaloosa County, FL, that operates the Mary Esther Public Library. m) " Niceville" shall mean the city of Niceville, a municipal corporation located in Okaloosa County, FL, that operates the Niceville Public Library. n) " 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. o) " Participating Library' shall mean any of the libraries or library services located within 2 Okaloosa County that have entered into this Agreement. p) " Service Area" shall mean the unincorporated area of Okaloosa County and the incorporated area of each Participating Governing Body. q) " 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 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, 2003 whichever comes first, and shall end or be renewed September 30, 2008 unless terminated in accordance with the provisions of the Agreement or unless extended by supplemental Agreement subject to renewal and revision. 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 September 30, 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 May 1 prior to the September 30 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 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. a) Upon satisfaction of these conditions, the proposed new Participating Library shall become a 3 `$ party to the Agreement and a member of the Okaloosa County Public Library Cooperative effective the next succeeding October 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. b) Municipalities without Libraries: Any municipality that does not operate a library may become a party to the agreement and a member of the Okaloosa County Library Cooperative upon meeting the following minimum standards. 1) Shall provide annual fiscal support to the Cooperative which, when calculated on a per capita basis for any year, shall be equivalent to the combined average per capita funding of Participating Municipalities with Libraries, excluding funds allocated from the Cooperative, and the County's per capita funding for participation of residents in the unincorporated areas during the most current prior year. The Cooperative shall advise, by April 1 of each year, each participating municipality without a library of the funding requirement for participation during the next fiscal year based upon the previous year's combined average per capita costs. 2) Submit a request for membership to the Okaloosa County Public Library Cooperative Governing Board prior to May 1 of a given calendar 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 September 30 of a given calendar year. Upon satisfaction of these conditions, the proposed new municipality shall become a party to the Agreement and a member of the Okaloosa County Public Library Cooperative effective the next succeeding October 1, subject to all the provisions and obligations, and entitled to all the privileges and rights, accruing to all of the Participating Governing Bodies under the Agreement. 3) For those municipalities without libraries that choose not to join, a library card, which may be used at all Cooperative libraries, may be obtained from any Participating Library for $ 20 per family, as defined in this agreement. The card will be valid for one year from the date it is issued. 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 State Aid to Libraries 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 Chairman shall be elected pursuant to the Bylaws of the Cooperative. 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. 9. STAFFING: The Cooperative Coordinator shall be hired by the Governing Board 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. The Governing Board may establish any other qualifications for the Cooperative Coordinator and any other employees of the Cooperative office and shall set positions, salary structure and benefits for such staff. The Cooperative Coordinator, under the supervision of the Governing Board, shall interview, select, supervise and recommend discharge of staff for the office of the Cooperative in accordance with established 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