AMENDED LIBRARY INTERLOCAL AGREEMENT (2)
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LIBRARY INTERLOCAL AGREEMENT
INTERLOCAL AGREEMENT, between PINELLAS COUNTY, FLORIDA,
through its Board of County Commissioners ("BCC"), and the
undersigned governmental units ("members"), for the establishment
of and participation in a cooperative library service for
Pinellas County (the "Cooperative").
WHEREAS, the original interlocal agreement entered into on
the 10th day of January, 1989, and subsequently amended on the
19th day of September, 1995, expired on January 10, 2001, and a
six month interlocal agreement was entered into on January 10,
2001 and was subsequently amended and extended for an additional
sixty days; and
WHEREAS, within the eight-month period, a new
funding/disbursement formula was developed to deal with the
changing circumstances in Pinellas County; and
WHEREAS I it is in the public interest to execute the
following agreement to provide a free public library service for
the use of the permanent residents of Pinellas County,
(" County" ); and
WHEREAS, this Agreement is authorized by Section 163.01 of
the Florida Interlocal Cooperation Act of 1969, which was
promulgated to permit local governmental units to make the most
effective use of their powers by enabling them to cooperate with
other governmental units thereby providing services and
facilities in a manner and pursuant to forms of governmental
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organization that will include geographic, economic, population,
and other factors influencing the needs and development of local
communities; and
WHEREAS, any public agency of this state may exerclse
jointly with any other public agency of this state any power,
privilege, or authority which such agencies share in cornmon and
which each might exercise separately; and
WHEREAS, the parties to this Agreement have determined that
in order to most effectively utilize their separate powers, a
cooperative effort in the form of an Interlocal Agreement is
needed; and
WHEREAS, Sections 257.12 through 257.25, Florida Statutes
(2000), provide state funds to assist in the furnishing of
library services.
NOW THEREFORE, in consideration of the mutual benefits and
in consideration of the covenants and agreements set forth
herein, the parties hereto agree as follows:
I. EXECUTION;EFFECTIVE DATE; PURPOSE:
A. Execution; Effective Date:
This Interlocal Agreement may be signed in counterparts
by the parties hereto. This Agreement shall become effective on
September 10, 2001.
B. Purpose:
The purpose and intent of this Agreement is to
establish and operate the cooperative to extend library services
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to the unincorporated areas of the County and to municipalities
that do not have such services as of the effective date of this
Agreement, and to improve library services to residents of
municipalities and library tax districts that have library
services as of the date of this Agreement.
II. DEFINITIONS:
A. Articles of Incorporation:
~Articles of Incorporation" as used in this Agreement refer
to the Articles of Incorporation drafted by three (3)
incorporators designated by the Pinellas County Board of County
Conunissioners ("BCC") and, after written approval thereof by the
signatories to the 1989 interlocal agreement establishing the
Cooperative, were executed and filed with the Secretary of State
pursuant to Chapter 617, Florida Statutes (1987).
B. Board:
"Board" as used in this Agreement refers to the Board of
Directors of the Pinellas Public Library Cooperative, Inc.
C. Board of County Commissioners:
~Board of County Cormnissioners" as used in this Agreement
refers to the Pinellas County Board of County Conunissioners and
may be delineated as "BCC".
D. By-Laws:
"By-Laws" as used in this Agreement refer to the By-Laws
drafted by three (3) incorporators designated by the BCC and were
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approved by the signatories to the 1989 interlocal agreement
establishing the Cooperative.
E. Cooperative:
"Cooperative" as used In this Agreement refers to the
Pinellas Public Library Cooperative, Inc.
F. County:
"County" as used in this Agreement refers to Pinellas
County, a political subdivision of the State of Florida.
G. Disbursement Formula:
"Disbursement Formula" as used in this Agreement refers to
the formula according to which disbursements to members of this
Agreement shall be made pursuant to this Agreement. The
Disbursement Formula is attached hereto and incorporated herein
as Exhibit "B."
H. Governmental Unit:
"Governmental Unit" as used in this Agreement refers to
municipalities, library tax districts with libraries, a municipal
consortium offering library services, and the County.
Governmental Units which are signatories to this Agreement are
included within the definition of Governmental Unit, but may also
be delineated as "Members".
I. Member:
"Member" as used in this Agreement refers to signatories to
this Agreement.
J. Library:
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"Library" as used in this Agreement refers to the public
library systems operated by members.
To qualify as a "library"
for purposes of this Agreement, the library must meet the basic
standards set forth in the Policy on Admission which was adopted
by the PPLC Board on September 22, 1998, a copy of which is
attached hereto and incorporated herein as Exhibit "A."
K. Unit of a Member Library:
"Unit of a member library" as used in this agreement refers
to a library of members when said library exists wholly in
unincorporated Pinellas County.
L. Year:
"Year" as used in this Agreement, unless otherwise
indicated, means the fiscal year from October 1 to September 30.
The fiscal year of the Cooperative shall run from October 1 to
September 30.
III. GOVERNING STRUCTURE OF THE COOPERATIVE:
A. Corporate Structure:
The Cooperative is a private non-profit organization
incorporated under the Florida Not-For-Profit Corporation Act,
Chapter 617, Florida Statutes (2000). Additional members may be
admitted in the manner specified in the Articles of Incorporation
or the By-laws.
B. Board of Directors:
1. Membership. The Board of Directors shall consist
of nine (9) members who shall be chosen in accordance with the
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provisions of the Articles of Incorporation or the By-laws.
Members of the Board of Directors at the time of the effective
date of this Agreement may serve out the remainder of their
terms; vacancies on the Board shall be filled in the manner
specified in the Articles of Incorporation or the By-laws.
Upon
the effective date of this Agreement, the By-Laws shall be
amended to reflect that three members of the Board of Directors
shall be appointed by the BCC; said Directors must reside in the
unincorporated area of Pinellas County at the time of their
appointment, shall be appointed one from each of the three at-
large districts of the County Commission, and shall serve
staggered terms. The remaining six directors shall be nominated
by other members and selected and approved by the Board of
Directors and shall serve staggered terms.
It is intended that
the Board of Director's membership will fairly represent the
geographic areas to be serviced by the Cooperative.
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Terms.
The Articles of Incorporation specify the term
of office for Directors as three (3) years and provide that the
terms shall be staggered.
3.
Officers.
The Officers of the Cooperative shall be:
Chairman of the Board of Directors, Vice-Chairman of the Board of
Directors, and Secretary/Treasurer. The terms of office,
election and duties of Officers shall be as specified in the By-
laws.
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4.
Compensation.
Directors and Officers shall 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
(2000) .
5.
Meetings.
The Board of Directors shall meet at least
eight (8) times each year. Meetings shall be conducted pursuant
to the Sunshine Law, Chapter 286, Florida Statutes.
The Chairman
or a simple majority of the Board may call emergency meetings.
Such meetings shall require 24-hours' notice.
6.
Duties.
The duties of the Board of Directors shall
include, but not be limited to:
a. Managing the affairs of the Cooperative;
b. Amending the By-laws;
c. Establishing administrative policy for operation
of the Cooperative;
d. Receiving and disbursing grant funds from state
and federal sources and entering into arrangements as appropriate
in connection therewith, and receiving and disbursing funds from
governmental units without libraries participating in the
Cooperative;
e. Investing the Cooperative funds;
f. Employing and directing an administrator;
g. Conducting open and public meetings, the time and
place to be decided by the Board of Directors;
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h. Establishing the operating budget for the
Cooperative, which is subject to the approval of the BCC, and
overseeing its execution, including approving expenditures for
administration;
l. Reviewing and approving applications for capital
funds for expansion of existing library facilities and/or
construction of additional library facilities;
j. Advising the BCC and members with respect to the
budget, disbursements, extension and expansion of library
services and other affairs of the Cooperative;
k. Establishing and maintaining an interlibrary loan
program and its policies and procedures.
1. Submission of funding requirements in accordance
with the provisions of Section V.
C. Administrator:
The governing Board shall employ a professional
administrator.
1.
Duties.
The duties of the administrator shall
include, but not be limited to:
a. Maintaining information for and submitting
applications on behalf of the Cooperative for available local,
State, and Federal library funds with Board approval, filing
reports with the Division of Library and Information Services
pursuant to Section 257.16, Florida Statutes (2000), as may be
amended;
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b. Recommending and developing, with Board
approval, cooperative projects as a method of cost reduction and
improved efficiency;
c. Planning for and developing centralized
coordination, planning, and technical services working with local
libraries;
d. Preparing and presenting the annual operating
and capital budgets of the Cooperative to the Board.
2. Qualifications. The administrator must have an
American Library Association accredited degree in library
science, and a minimum of five(5) years library administration
experience, with experience in library cooperative administration
preferred.
D. Advisory Council:
A Librarians' Advisory Council made up of all library
directors of members, will assist the Administrator in developing
centralized coordination, planning and other matters as
appropriate.
The Advisory Council will elect a chairman.
The
office of Chairman will be rotated yearly among the members of
the Advisory Council.
E. Long-Range and Annual Plans of Service:
Each year an Annual Plan of Service and Budget shall be
developed containing goals, objectives, and activities and the
budget that will support library services for the year.
These
plans must clearly demonstrate that resources will be allocated
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in a way that serves the goal of equal access to library services
and consistency throughout the area.
The initial long-range
plan, established at the Cooperative's inception, must be updated
every three to five years.
The plan will be coordinated with
individual cooperating library long-range plans (where they
exist) and will meet the requirements for participation in the
State Aid to Libraries Program.
The Cooperative Board will adopt
the plans and disseminate them broadly in the County.
F. Reports:
The Cooperative Board will provide to members annual
reports on the progress toward meeting the objectives of the
long-range plan and the annual plan of service.
The reports will
be based on audited figures and will be forwarded to members
including the BCC, and the Division of Library and Information
Services.
IV. PARTICIPATION:
A. General:
Participation will be voluntary and open to any
governmental unit. People residing in participating areas will be
eligible to use the services of member libraries of the
Cooperative without charge. People residing in governmental units
or areas not electing to participate will be excluded from the
use of the Cooperative's services unless the people join member
libraries by paying an annual fee of $100.00 per household; such
fee may be adjusted annually by a majority of parties to this
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agreement to reflect inflation. People who join by paying the
annual fee to a member library will then be counted as residents
of that member library's governmental unit in the application of
the disbursement formula.
Participating entities may withdraw
pursuant to the provisions of Section VI.
B. Members With Libraries:
1.
Autonomy.
Each member with a library shall
continue to decide the level of library service for its
community, and shall prepare its own budget. Each library shall
remain autonomous and retain control of its operations and
functionsl i.e.:
a. Trust funds, individual gifts or donations
made to a library shall remain the property of that library.
b. All library staffs shall remain employees of
the varlOUS members with no loss in benefits;
c. Each library shall remain the property of the
member in which it is located, and all maintenance and repairs
shall be effected through operating budgets from allocated local
appropriations.
2.
Audits.
Each member with a library shall provide
to the Cooperative by March 31 of each year an audited statement
of its library operating costs for its last completed fiscal
year.
The audits are to be reviewed by the Cooperative to
determine the dollars expended locally for library operations.
Allowable costs for each library shall consist of all personnel
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and direct operating costs, as provided for in the State of
Florida Chart of Accounts. All other costs, including fixed
capital items and debt expenses, shall be limited to $25,000.00
per year.
3. Materials and Services. Members with libraries
agree to allow all free circulation materials of existing
community libraries to circulate freely to residents of all
participants in the Cooperative. Within policies established by
each librarYI residents of members may borrow materials either
directly from participating libraries or through interlibrary
loans, and use all reference and public programming services.
C. Members Without Libraries:
1. Basis for Funding:
Each member without a library, except the BCC, shall
provide annual financial support to the Cooperative which, when
calculated on a per capita (of population of such member) basis
for any year, shall be equivalent to the average per capita
funding, excluding all monies received from the Cooperative,
provided during the most recent preceding year by the members
having libraries.
The average per capita funding provided by
members having libraries shall be calculated as follows: The
total expenditures, as adjusted for monies received from the
Cooperative, of the members from the most current prior year
shall be divided by the total population of the members to obtain
the aggregate average per capita cost.
For purposes of this
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subsection C, "funding" means the amount of library expenditures
for any year as described in Section V A by a member having a
library, and "population" means the number of residents residing
in the member governmental unit determined in accordance with
Section V A.
2. Underfunding:
If any member's financial support paid to the
Cooperative is less than the amount due under Section V, then
such unit shall be deemed to have withdrawn from the Cooperative
(notwithstanding the provisions of Section VI A or VI C)
effective thirty (30) days after the giving of written notice to
such unit of the deficiency, unless payment of such deficiency lS
made within such thirty (30) days.
In the event of such
withdrawal, all funds due under Section V shall be immediately
due and payable as specified In Section VI C.
V. FUNDING MECHANISM:
A. Determination and Notification of Per Capita Amounts
for Members Without Libraries:
The Cooperative shall advise by June 1 of each year,
each member without a library, of such unit's funding requirement
for the next fiscal years, together with the calculations by
which such funding requirement was determined and the backup
information for such calculation, consisting of (i) average per
capita locally funded library expenditures of members with
libraries for last completed year and (ii) appropriate population
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statistics.
Libraries operating as a unit of a member library
shall not be included in this calculation. The expenditures
shall be based on audited financial statements for such last
completed year in accordance with budget line items identified in
Section IV B 2.
The population statistics used to calculate such
per capita expenditures shall be for such year and shall be from
the Bureau of Economics and Business Research of the University
of Florida or the Pinellas County Planning Department. If there
are no changes in membership of the Cooperative, the County will
collect the full half-mill tax for libraries, subject to the
fiscal funding provisions of this Agreement, and submit the funds
to the Cooperative in quarterly payments.
Payments shall be made
by each member without a library of annual financial support due
from it in four (4) quarterly payments of twenty-five percent
(25%) each.
Members with libraries will continue to fund their local
libraries and are not required to make any payment to the
Cooperative for participation in the Cooperative.
B. Fiduciary Responsibility for Funds:
1. All funds of the Cooperative shall be maintained
in an interest-bearing public depository as set forth in Florida
Statutes, chapter 280 (2000), as may be amended;
2. Complete and accurate records shall be kept of the
receipts and disbursement of all funds of the Cooperative;
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3. An annual audit of the Cooperative by an
independent certified public accountant, to be paid for from the
operating funds of the Cooperative, shall be made and filed
annually with the Department of State;
4. The Cooperative shall abide by the terms and
provisions of the laws of the State of Florida and the provisions
of this Agreement and any other applicable Federal, State, or
local laws, rules and regulations.
C. Disbursement:
The Board of Directors shall disburse funds received by the
Cooperative according to the formula below:
1. Five percent (5%) of the monies collected from members
without library service shall be put into a capital improvements
fund to be used for additions to existing libraries, for building
new libraries, or purchase of special improvements to service
other participants. A minimum of $200,000 of these reserve funds
shall be made available annually for new construction and
capacity enhancing expansions that benefit unincorporated
residents and this amount shall not be cumulative. As long as a
member remains a member of the Cooperative, money received from
the Cooperative's capital improvement fund need not be paid back.
However, if and when such member ceases to be a member of the
Cooperative, it shall have the obligations described at Section
VI B.
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2. Five percent (5%) of the monies collected from members
without library service shall be used to fund the administrative
costs of the Cooperative, including the administrator's salary,
office supplies, rent and other costs related to the
administrative operations.
3. The remaining funds shall be distributed to members
with libraries in accordance with the disbursement formula, which
is attached hereto and incorporated herein as Exhibit "B." This
distribution is to be based on submittal of annual library
operating costs with descriptive codes in accordance with the
State of Florida Chart of Accounts. All funds collected from
sources other than members shall be distributed in the same
manner as funds collected from members without libraries.
Funds received by the Cooperative shall be disbursed within
a reasonable time (not to exceed 90 days) after receipt.
Establishment, construction and program grants received from the
state shall be used in accordance with the provisions of
applicable state law.
Funds received from the BCC for the support of a library,
which is a unit of a member library but exists wholly in the
unincorporated area of Pinellas County, shall be considered as
additional local support for the member library for purposes of
the application of the disbursement formula.
Allocations to member libraries shall be pursuant to the
disbursement formula.
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The funding lS then paid out to member libraries in
quarterly checks.
The libraries shall use those funds for
operations of their libraries.
The disbursement formula may only be amended by the
Cooperative's Board of Directors, with the approval of a simple
majority of the parties to this Agreement and the approval of the
BCC, to reflect a change in the Cooperative's composition.
4. State Aid funds, establishment, construction and
program grants received from the state shall be used in
accordance with the provisions of applicable state law, F.S. 257
and F.A.C. 1B-2 and 1B-3.
VI. WITHDRAWAL:
A. All Participants:
1. Any member wishing to withdraw shall submit
written notice thereof to the Cooperative no later than SlX (6)
months prior to the beginning of any fiscal year of the
Cooperative.
2. Withdrawal of members without libraries may occur
in the manner specified in Section IV C 2.
B. Members With a Library:
A member with a library that submits a withdrawal
notice to the Cooperative shall:
1. At the request of the Cooperative's Board,
promptly furnish usage statistics and an audit of library
operating costs for such library's last fiscal year completed
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prior to the date the withdrawal is effective to insure
maintenance of proper accounting for the Cooperative;
2. Return to the Cooperative within sixty (60) days
after withdrawal, any special equipment or collections purchased
for such member with funds from the Cooperative capital
improvements fund for a program function to service other
participants.
In lieu of returning the equipment or collection,
the amortized balance thereof based on an amortization period of
five years from date of purchase may be repaid to the Cooperative
during the year following withdrawal;
3. Repay to the Cooperative within sixty (60) days
.after withdrawal any then remaining unexpended and uncommitted
funds received from the Cooperative; and
4. Pay to the Cooperative during the year following
withdrawal the unamortized cost based on a 20-year amortization
of any building improvements paid for with monies from the
Cooperative's capital improvements fund.
After complying with the forgoing, the withdrawing
member with a library shall have no other obligation under this
Agreement.
C. Members Without a Library:
No member without a library may withdraw until it has paid
all sums due from it to the Cooperative pursuant to Sections IV
and V.
D. Termination of Agreement:
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In the event that members representing more than fifty (50%)
of the total population of all members withdraw under this
Section VII or are deemed to have withdrawn under Section IV C 2
this Agreement shall terminate.
In any event, this Agreement
shall expire on September 30, 2013, unless extended upon the
written consent of all members.
E. Fiscal Funding
In the event that the BCC determines that the Cooperative
budget does not require the levy of a full half-mill for the new
fiscal period, the County shall notify the Cooperative of the
millage that will be assessed for that fiscal period as provided
for in Section VA.
IN WITNESS WHEREOF, the parties hereto have caused this
Interlocal Agreement to be executed on the day and year first
above written.
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?6/26/~001 12:07 FAX 72744189j8
PPLC OFFICE
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Exhibit A
FY 2000/200 1
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PoIicv on Admission
To The PineIlas Public Library Cooperative) Inc.
For a Library Seeldng Membership:
The fOllowing basic standards must be met by a library wishing to become a member of we
Cooperative:
1. There must be a facility used as a public library and mJljntlllined an.d operated for that
purpose.
2. The governing entity must have an established source offunds and a budget for the
maintemmce and operation of the Libmy and DlIlSf be mulited each year.
3. There must be evidence tl13t mm funding is available) restticted for the horaty and will
co.ntinue to be a.vailable.
4. There must be at 1east one fully-accredited professional librarian (a graduate of an,
American Library Association progrmn) to direct the services) staff and program of the
JibraIy.
5. The facility must be open at least 40 hours a week.
6. The Library must Im>e a long-range pJan and a conection development plm
Additiooally, in today' s library requirements. the Lihrmy must meet ADA requirements. must be
in accordance with Equal Employmeat regulations. and must not dise!iminatt; in its staff or public
\..........r service policies.
When,the hbrmy and its governing entity determine that these standards can be met the attaohed
Procedure for Admission must be followed.
Such requests ma.y be initiated at any time but the fullr1i~ cycle for the subsequent: &cal year
requites a March 31st deadline.. See the Procedures for Admission for steps to be taken.
Adopted by the PPLC Board on dJ. ~ . 19 9 f
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Chairmarl
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PPLC OFF! CE
l4J 003
:
06/26/2001 12:08 FAX 7274418938
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7.
Procedure for Admission
To The Pinellas Public Library Cooperative, Inc. as a Member Library
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The library seeking a~sion to the Cooperative must provide documentatioIi that it can
meet the standards spelled out in the Policy on Admissio11.
2.
The library must submit a letter of request signed by its governing entity (city comm.ission,
Board of Directors, etc.) to the Cooperative Board/Administrator.
3.
Upon receipt of the letter of request and documentation, the Cooperative Board and
Administrator 'Will review the request and appoint a Committee to visit and ewlua:to' the
library.
4.
The onmrnittee will determine readiness for services by tb,e requesting library and will
report any weaknesses to the Cooperative Board and the libnuy's governing cnti~.
5.
If the governing entity wishes to pursue membership it will be given a period of time in
which. to correct the weaknesses and to prepare the hbnuy for final evaluaiioD.
6.
Upon receipt of the final evaluation, the Cooperative Board will have up to sixty (60) days
in which to vote upon $linmtssion.
Following a positive vote, the Cooperative Board will preBeDt ~ libnuy'& governing
entity with a copy of the Interloca1 Agreement which must be signed and returne<!j aud an
agreement fonn for the basic policies aDd procedures in effect for member libraries
including aU public service polic:ies such as patron registration, patron cards. materials
circulation rules and others.
8. In order to be included in subsequent years ~ allocations, the procedures must be
completed by MlItoh 31st in any givc:n year. .
Adopted by thePPLCBoanIon . ~Q, ~_~~
~C.'~
, Chairman
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EXHIBIT "B"
Funding Formula
Base Allocations to members with libraries and to units
shall be 94% after the adjustments stated in Article V C of
the Library Interlocal Agreement and shall decrease by 1%
each year until it becomes 90%.
1. Each library's percentage of the total support extended,
as determined through the review of the annual audits,
shall then be determined and translated into dollar
amounts.
The percentage of the total support extended
shall be determined by dividing the sums expended locally
for library operations, as set forth in Section IV 2 of
the agreement, by the total local support for all members
and units.
For units located in unincorporated Pinellas
County, in their first year as a unit, the annual
allocation received from the Bce shall be used to
determine the percentage of total support extended. The
members shall receive a percentage of the available funds
equal to the percentage of their total support extended
as a base allocation subject to a maximum of 16% and a
minimum of 4%.
2. Libraries located in and serving the unincorporated area
that are operating as units of existing member libraries
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shall not be considered in the application of the funding
formula to the existing library of which they are units,
but shall qualify for financing independently, as set
forth in paragraph above and Article V of the Library
Interlocal Agreement, which shall be paid to the existing
member library of which the library is a unit in addition
to the funds the member library qualifies for.
Circulation Allocations to members with libraries and to
units shall be 6% after the adjustments stated in Article V
C and shall increase by 1% per year until it becomes 10%.
1. The dollars available for distribution include the
balance remaining after the base allocation and the
circulation pool. The circulation pool allocation
percentage shall be derived by taking non-resident
circulation figures for each library and dividing it by the
total non-resident circulation for all members.
For units
located in unincorporated Pinellas County, the circulation
for the unit shall include all usage except usage from
within the boundaries of the member library of which it is
a unit.
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CITY OF CLEARWATER
Countersigned:
Approved as to form:
Leslie Dougall-Side
Assistant City Attorney
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CITY OF CLEARWATER, FLORIDA
By:~T
~m B. Horne, II
City Manager
Attest:
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