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

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, the Cooperative Coordinator, and other appointments as deemed necessary by the Governing Board. The Council will hold at a minimum, one meeting per month, except in December. 12. STRATEGIC AND ANNUAL PLAN: The Cooperative Coordinator shall coordinate development and implementation of a strategic plan for the operation, maintenance and development of library services to the residents of the Cooperative Service Area. The strategic 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 strategic plan and of any other library program 5 Packet Pg. 37  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. The Board, through a Memorandum of Understanding, has designated the County as the fiscal agent to apply for or receive its funds from all sources. The Governing Board shall follow the standard operating procedure for grant applications as defined by the County. 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 Agreement. Any monies, property, or funds granted to municipalities for the benefit of a Participating Library shall remain the property of the Participating Library. 15. FISCAL RESPONSIBILITY: All funds administered by the Cooperative Coordinator shall be audited with the County’s independent audit annually, which audit shall be prepared and presented to the Governing Board. Upon request, the Cooperative Coordinator shall furnish to each Participating Governing Body, 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. Upon request, the governing body of each Participating Library shall furnish to the Cooperative Coordinator, 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. 16. 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 6 Packet Pg. 38  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 Strategic Plan as a guide for library service development. 17. APPROPRIATION AND ALLOCATION OF OKALOOSA COUNTY FUNDS: The County shall provide $513,600 for the period beginning October 1, 2013 and ending September 30, 2014. The amount to be provided by the County will be determined by the approved county budget with the basic agreement being revised by amendment accordingly. The Cooperative’s Governing Board shall disburse funds received by the County’s allocation as follows: a) Twenty percent (20%) of the monies allocated by the County shall be used for Administrative and Outreach Services for the Cooperative. b) The remaining funds, eighty percent (80%), allocated by the County shall be distributed to Participating Municipalities with Libraries according to the following guidelines and formula: • Construction funds are expressly prohibited. • Spending calculations and productivity statistics shall be based on those from two years prior to the allocation period. • Spending shall mean total audited expenditures of a library excluding funds allocated from the Cooperative. • Percentages shall be derived from totaling statistics of the member municipal libraries. (1) 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 based 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 Packet Pg. 39  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. O. Box 1209 4200 Indian Bayou Trail 107 Miracle Strip Parkway Crestview, FL. 32536 Destin, FL. 32541 Fort Walton Beach, FL. 32549 8 Packet Pg. 40 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