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

powers associated with employment of staff. 10. POWERS, DUTIES AND RESPONSIBILITIES OF THE COOPERATIVE COORDINATOR: 5 The following activities, as a minimum, shall be carried out by the Cooperative Coordinator for all Participating Libraries under the plans, policies, and budgets adopted by the Cooperative 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 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 Libraries as required by the Florida Department of State, Division of Library and Information Services. 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, and other appointments as deemed necessary by the Governing Board. The Cooperative Coordinator will serve as an ex- officio member of the Directors' Council. The Council will hold at a minimum, monthly meetings. 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. 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 6 Agreement. All such monies, property, or funds granted to municipalities for the benefit of a Participating Library shall remain the property of the Participating Library. 15. PURCHASING: Purchases shall be made by the Cooperative and Participating Libraries in accordance with policies and procedures established by the respective governing bodies. In the use of County allocations to the governing bodies of Participating Libraries, the governing bodies of Participating Libraries may exercise their option to participate in centralized activities such as purchasing of library materials, automation services and other related services for the benefit of the Participating Library, whereupon the governing bodies of Participating Libraries agree to authorize deduction by the Cooperative Governing Board from the monies payable by the County to the Participating Governing Bodies the costs of the centralized activities. The Participating Library shall retain ownership of materials and equipment purchased by or for the Participating Library under the conditions outlined in Section 7 of this Agreement. 16. FISCAL RESPONSIBILITY: The Cooperative shall procure an independent audit annually of all funds administered by the Cooperative Coordinator, 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 Services, which shall then be used to qualify for the State Aid Program. Each participating municipality with a library shall provide two copies of its audit for each fiscal year, as it relates to library functions, to the Cooperative without request 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. The Cooperative Coordinator shall furnish to each Participating Governing Body, without request 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. The governing body of each Participating Library shall furnish to the Cooperative Coordinator, without request within thirty (30) days following the previous period, a written quarterly report regarding the use and expenditure of funds, as they 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. 17. 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. 18. APPROPRIATION AND ALLOCATION OF OKALOOSA COUNTY FUNDS AND FUNDS FROM PARTICIPATING MUNICIPALITIES WITHOUT LIBRARIES: The County shall provide a minimum annual funding to the Cooperative for set asides and allocations to the participating libraries, of not less than nine hundred four thousand dollars ($ 904, 000) for the first year of the Agreement, one million four thousand dollars ($ 1, 004, 000) for the second year of the Agreement, one million one hundred four thousand dollars 1, 104,000) for the third year of the Agreement, one million two hundred four thousand dollars ($ 1, 204, 000) for the fourth year of the Agreement, and one million three hundred four thousand dollars ($ 1, 304,000) for the fifth year of the Agreement. The County agrees to augment the technology services provided to the Cooperative by adding an Information Services position. The Cooperative' s Governing Board shall disburse funds received by the County's allocation and those funds received from Participating Municipalities without libraries according to the formula below: a) Twenty percent (20 %) of the monies allocated by the County and collected from Participating Municipalities without libraries, in accordance with 46 (Addition of New Members), shall be used for Administrative and Outreach Services for the Cooperative. b) The remaining funds, eighty percent (80 %), allocated by the County and collected from shall be Participating Municipalities without libraries, in accordance with # 6 (Addition of New Members), equitably distributed to Participating Municipalities with Libraries according to the formula which follows: Construction funds are expressly prohibited. Spending calculations and circulation statistics shall be based on those from two years prior to the allocation period. Spending shall mean total audited expenditures for the operation and maintenance of a library excluding funds allocated from the Cooperative. Population statistics shall be derived from the U. S. Census each 10 years and from the estimates of the Bureau of Economic and Business Research of the University of Florida in the intervening years. Percentages shall be derived from totaling statistics of the member municipal libraries. 1) Twenty percent (20 %) divided equally among participating municipalities with libraries 2) Thirty percent (30 %) based on circulation 3) Ten percent ( 10 %) based on per capita spending which may include start up costs amortized over a five year period E:1  4) Forty percent (40 %) will be based on total spending which may include start up costs amortized over a five -year period. 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. 19. LIBRARY USE: Participating Libraries operated by incorporated cities 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. Statistical reports of library use shall be submitted to the Cooperative quarterly. 20. 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. 21. INDEMNIFICATION: The Cooperative shall be liable for its actions and