Fort Walton Beach Council agenda — 09-27-11 regular part 2 of 2 — reading text

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. fl) " 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. I) " 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, 2 Packet Pg. 23  F82. the governing bodies responsible for the decision and policy making activities of Participating Libumes and the governing bodies of Participating Municipalities c without Libraries. dE n " Participating p g Libra M shall mean any of the libreries or library services located within dmrn Okaloosa County that have entered into this Agreement. u o) " Service Area" shall mean all eligible residents of Okaloosa County m u p) " Valparaiso" shall mean the City of Valparaiso, a municipal corporation located in o° Okaloosa County, FL., that operates the Valparaiso Community Library. ti 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 Ja other than those set forth herein. This Agreement shall be binding upon the parties and c successors in interest, in accordance with its terms. Modifications or amendments of the Uo Agreement shall be binding and valid when submitted in writing and approved by each m Participating Governing Body and by the Governing Board, and executed on behalf of each 00 m Participating Governing Body and the Governing Board. p 4. TERMS: The tern of this Agreement shall commence and be effective on the date the last party signs the agreement or by October 1, 2011 whichever comes first, and shall end or be renewed September 30, 2012 unless terminated in accordance with the 0 provisions of the Agreement or unless extended by supplemental Agreement subject to a renewal and revision. G 5. WITHDRAWAL AND TERMINATION: Any Participating Governing Body may withdraw from ZQ the Cooperative established by the Agreement, and thereby terminate its rights and W U responsibilities under the Agreement. Section 7 defines Dispensation of Property and Equipment. The termination and withdrawal shall be effective on the next succeeding vE d September 30, and shall be accomplished by the giving of written notice of the withdrawal w 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. o 6. ADDITION OF NEW MEMBERS: e r'+ 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 0v following minimum standards. u 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 3 Packet Pg. 24  F8 2.. 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 cuffent 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 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. 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 Stale, 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 librarys 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 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 0 Packet Pg. 25  F8 2.a . 112. 061, Flonda 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 Masters 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 powers associated with employment of staff. 10. POWERS, DUTIES AND RESPONSIBILITIES OF THE COOPERATIVE COORDINATOR: 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