HomeMy Public PortalAboutOkaloosa County Library Co-op Interlocal Agreementa
CONTRACT # t..,.3-1018-LIB
OKALOOSA COUNTY PUBLIC LIBRARY COOP
INTERLOCAL OPERATING AGREEMENT
EXPIRES: 12/31/2013
Okaloosa County Public Library Cooperative
Interlocal Agreement
This Agreement is entered into among Okaloosa County, hereinafter referred to as the
"County," and the municipalities of Crestview, Destin, Fort Walton Beach, Mary Esther,
Niceville, and Valparaiso, hereinafter referred to as "Participating Municipalities," each a
municipal corporation located in Okaloosa County,
WHEREAS, Chapter 163, Florida Statutes, Intergovernmental Programs, Part I, Miscellaneous
Programs, Section 163.01, The Florida Interlocal Cooperation Act of 1969, provides that public
agencies of the State of Florida may exercise jointly with any other public agency of the State
of Florida any power, privilege, or authority which such agencies share in common, and which
each might exercise separately; and that a joint exercise of power by such agencies may be
made by contract in the form of an interlocal agreement; and,
WHEREAS, Chapter 125, Florida Statutes, subsection 125.01(f), authorizes the County to
provide libraries and cultural facilities and programs; and,
WHEREAS, Chapter 166, Florida Statues, subsection 166.021(1), authorizes municipalities to
render municipal services, and exercise any power for municipal services, and exercise any
power for municipal purposes, except when expressly prohibited by law; and,
WHEREAS, the County and the Participating Municipalities desire to cooperate in a countywide
agreement to provide public library services without charge in Okaloosa County; and,
WHEREAS, the County is an eligible political subdivision under Chapter 257.17, Florida Statutes,
that can participate in the State Aid to Libraries Program and is designated as the single
administrative unit that can designate a governing body for countywide library service;
THEREFORE, the parties agree as follows:
1. PURPOSE: The County and Participating Municipalities agree to cooperate, pursuant to the
terms of this Interlocal Agreement, in the operation of a countywide public 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.
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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.
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, 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.
e4 "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
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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, 2012 whichever comes first, and shall end or be
renewed December 31, 2013 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 (FY2013 and FY2014) but
monetary allocation is distributed in FY2013, the allocation for FY2014 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.
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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.
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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 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. 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
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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. 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, each Participating Governing Body, and to the Florida
Department of State, Division of Library and Information, to qualify for the State Aid
Program as necessary. Each participating municipality with a library shall provide one copy
of its audit for each fiscal year, as it relates to library functions, to the Cooperative 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 as necessary.
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
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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
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.
17. APPROPRIATION AND ALLOCATION OF OKALOOSA COUNTY FUNDS: The County shall
provide $513,600 for the period beginning October 1, 2012 and ending September 30,
2013. 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.
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
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CITY OF MARY ESTHER
CITY MANAGER
City of Mary Esther
195 Christobal Road
Mary Esther, FL. 32569
CITY OF VALPARAISO
CITY CLERK
City of Valparaiso
465 Valparaiso Parkway
Valparaiso, FL. 32580
CITY OF NICEVILLE
CITY MANAGER
City of Niceville
208 Partin DriveN.
Niceville, FL. 32578
OKALOOSA COUNTY
COUNTY ADMINISTRATOR
1804 Lewis Turner Blvd.
Suite 400
Fort Walton Beach, FL. 32547
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 governed by the laws of the State of Florida. Venue for any action arising out of
this Agreement between the parties shall be exclusively in Okaloosa County, Florida and
nowhere else.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature.
CITY OF CRESTVIEW
ATTEST- ! Ce11271 /2 kAti?
Mayor, City of Crestview
This1_/iday of2012
(Title): A-1-7 ( ef/Z
CITY OF DESTIN
ATT
(Title): a Ty
Mayor, City of Destin
Thisatig- day of5iA-Zikff..4— , 2012
9
CITY OF FORT WALTON BEACH
ATTEST:
(Title):
CITY OF MARY ESTHER
ATTEST: NCA/L.9-(2Q, VV-02- x LA
(Title):
ass+ aiio CoAL
CITY OF NICE LLE
ATTEST: 414.04,/
(Title): �i% / c
CITY OF VALPARAISO
ATTE
(Title):
COOPE' I E GOVERN! =OARD
ATTES
(Title):
6,fic. • 14551.4-
Mayor, City of Fort Walton Beach
This 45day of , 2012
Mayor, City of Mary Esther
This / 3 day of S G� , 2012
Mayor, City of Niceville
This / 3 day of Smeeit. , 2012
Chairman, OkaloosalQ'ounty Public Library
Cooperative
This Z4day of
, 2012
10
OKALOOSA COUNTY
ATTEST:
(Title):
Chairman, Okaloosa County
Board of ounty Commissioners
This g day of
County Attorney
, 2012
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APPENDIX A
The Florida Statutes
Title XVIII Chapter 257
PUBLIC LANDS AND PUBLIC LIBRARIES AND STATE
PROPERTY ARCHIVES
257.261 Library registration and circulation records.--
(1) All registration and circulation records of every public library, except statistical
reports of registration and circulation, are confidential and exempt from the provisions
of s. 119.07(1) and from s. 24(a) of Art. I of the State Constitution.
(2) As used in this section, the term "registration records" includes any information that
a library requires a patron to provide in order to become eligible to borrow books and
other materials, and the term "circulation records" includes all information that
identifies the patrons who borrow particular books and other materials.
(3)(a) Except in accordance with a proper judicial order, a person may not make known
in any manner any information contained in records made confidential and exempt by
this section, except as otherwise provided in this section.
(b) A library or any business operating jointly with the library may, only for the purpose
of collecting fines or recovering overdue books, documents, films, or other items or
materials owned or otherwise belonging to the library, disclose information made
confidential and exempt by this section to the following:
1. The library patron named in the records;
2. In the case of a library patron less than 16 years of age, the parent or guardian of
that patron named in the records;
3. Any entity that collects fines on behalf of a library, unless the patron is less than 16
years of age, in which case only information identifying the patron's parent or guardian
may be released;
4. Municipal or county law enforcement officials, unless the patron is 16 years of age, in
which case only information identifying the patron's parent or guardian may be
released; or
5. Judicial officials.
(4) Any person who violates this section commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
History.--s. 1, ch. 78-81; s. 1, ch. 89-18; s. 1, ch. 96-220; s. 112, ch. 96-406; s. 1,
ch. 2003-13; s. 6, ch. 2003-126.
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APPENDIX B
Memorandum of Understanding (MOU)
between
The Okaloosa County Public Library Cooperative
and
The Board of County Commissioners of Okaloosa County, Florida
This is an agreement between The Okaloosa County Public Library Cooperative, hereinafter
referred to as The Cooperative and the Board of County Commissioners of Okaloosa County,
Florida, hereinafter referred to as The Board.
The purpose of this MOU is to identify The Board as the fiscal agent for The Cooperative and to
grant them the authority to receive and disburse funds from Okaloosa County, from state and
federal grant sources, from private donations and foundations and from any other sources.
The Governing Board shall follow the standard operating procedure for grant applications as
defined by the County.
This MOU shall be effective upon the signatures of The Cooperatives and the Boards authorized
officials. It shall be in force from date of signature unless suspended by agreement of both in
subsequent MOIJ.
Bill Roberts, Chairman
Okaloosa County Public Library Cooperative
Don R. Amunds, Chairman
Board of County Commissioners
Attest:
Don 1-�waid
Clerk of Courts
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