Okaloosa County BOCC — December 3, 2013 (meeting #1182) — reading text

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. 1 Packet Pg. 33 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)(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 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. l) “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. o) “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 Packet Pg. 34  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 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. 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 Packet Pg. 35 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 grant funds other than federal Library Services and Technology Act 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 office of Chair shall be assigned to the member representing the County. The Cooperative Coordinator shall be an ex officio (non-voting) member of the board. 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 through the established policies and procedures of the County. 4 Packet Pg. 36  9. STAFFING: The Cooperative Coordinator shall be hired by the County 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. Cooperative staff members are employees of Okaloosa County, and their compensation and benefits will be in accordance with County policy. The Cooperative Coordinator, under the supervision of the Board, shall interview, select, supervise and recommend discharge of staff for the office of the Cooperative in accordance within established County 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 powers associated with employment of staff. 10. POWERS, DUTIES AND RESPONSIBILITIES OF THE COOPERATIVE COORDINATOR: The Coordinator shall be accountable to the Board for overall administration of the Cooperative and implementation of policies, procedures and programs, as determined by the Board. The following activities, as a minimum, shall be carried out by the 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