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AGREEMENT RE ESTABLISHMENT OF AND PARTICIPATION IN A COOPERATIVE LIBRARY SEREVICE FOR PINELLAS COUNTY , ~ I I LIBRARY INTERLOCAL AGREEMENT , , I '. / .) '01 INTERLOCAL AGREEMENT, originally made and entered into on the 10th day of January, 1989, and subsequently amended on the 19th day of September, 19951. between PINELLAS COUNTY, FLORIDA, through its Board of County Commissioners ("BCC"), and the undersigned governmental units, for the establishment of and participation in a cooperative library service for Pine lias 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, therefore, cannot be renewed; and WHEREAS, it is in the public interest to enter into a short-term agreement continuing the funding formula set forth in the original and amended interlocal agreements until a new funding formula can be developed to deal with the changing circumstances in Pinellas County; and WHEREAS, 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 organization that will include geographic, economic, population, and other factors influencing the needs and development of local communities; and 1 \ ICTY _A lTYI VOLl I USERSIA lTYIA TYKB] 6\ WP DOCSIDEP ARTMENTlLIBRA RY\inlerlocaI6monlh. clean. doc (.1.1 o 0 - -?- ;; t./- Cl a (.;~) ,\_- I 1 WHEREAS, any public agency of this state may exercise jointly with any other public agency of this state any power, privilege, or authority which such agencies share in common 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 (1999), 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 January 10, 2001. B. Purpose: The purpose and intent of this Agreement is to establish and operate the cooperative to extend library services to the unincorporated areas of the County and of 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. Library: 2 I \CTY _AITY\ VOLl IUSERSIAITYIA TYKB361 WP DOCSIDEP ARTMENTlLIBRARY\in/erlocaI6monlh. clean. doc <1' ~] ..... I 1 "Library" as used in this Agreement refers to the public library systems operated by member governmental units. B. Governmental Unit: "Governmental Units" within the County as used in this Agreement refer to municipalities with libraries, library tax districts with libraries, a municipal consortium offering library services, municipalities without public libraries, and the County representing the unincorporated area without public libraries. C. "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, except that the first fiscal year of the Cooperative shall run from the date of commencement of the Cooperative's corporate existence pursuant to Section 617.014, Florida Statutes (1987) to the next succeeding 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 (1999). 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 provisions of the Articles of Incorporation or the By-Laws. The initial Board of Directors shall be designated in the 3 IICTY.J1 T7Y\ VOLl IUSERSIA T7Y\A TYKB36\WP DOCSIDEP ARTMEN7\LIBRARYlinter/oca/6month. clean. doc ,:..'l 1 1 Articles of Incorporation. The initial Board of Directors shall be appointed by the incorporators referred to in Section III A, from a list of nominees submitted by the participating governmental units. Successors to the initial Board of Directors shall be elected and vacancies on the Board shall be filled in the manner specified in the Articles of Incorporation or the By-Laws. It is intended that the Board of Director' membership will fairly represent the geographic areas to be serviced by the Cooperative. 2. 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, Secretary and Treasurer. The terms of office, election and duties of Officers shall be as specified in the By-Laws. 4. Compensation. Directors and Officers shall not be paid a salary of wages, but may be reimbursed for travel and per diem expenses in accordance with Section 112.061, Florida Statutes (1999). 5. Meetings. The Board of Directors shall meet monthly. Emergency meetings may be called by the Chairman or three (3) members of the Board. 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. Adopting the By-Laws; c. Establishing administrative policy for operation of the Cooperative; 4 I \CTY _A ITY\ VOLl \ USERSIA ITYIA TYKE3 6\ WP DOCSIDEP ARTMENTlLlBRAR Ylinter/oca/6monlh. clean.doc .VI I 1 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 monthly meetings, the time and place to be decided by the Board of Directors; h. Establishing the operating budget which is subject to the approval of the Board of County Commissioners for the Cooperative and overseeing its execution, including approving expenditures for administration; I. Reviewing and approving applications for capital funds for expansion or construction of additional library facilities; j. Advising the BCC and participating governmental entities with respect to the budget, disbursements, extension and expansion of library services and other affairs of the Cooperative; k. Establishing an interlibrary loan program and its policies and procedures. I. Submission of funding requirements in accordance with the provisions of Section V. C. Administrator: A professional administrator shall be employed by the governing Board. a. Duties. The duties of the administrator shall include, but not be limited to: 5 \ \CTY_ A 1TY\ VOLl \ USERSIA 1TY\A TYKB3 6\ WP DOCSIDEP ARTMENTlL/BRARY\inter/oca/6month. clean. doc .t'. l: ~ I 1 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 (1999); 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 governmental units in the county participating in the Cooperative, will assist the Administrator in developing centralized coordination, planning and other matters as appropriate. A chairman will be elected by the Advisory Council. The office of Chairman will be rotated yearly among the members of the Advisory Council. E. Long-Range and Annual Plans of Service: The program of cooperative library services for the next three to five years will be described in a long-range plan of goals, objectives, and activities for the 6 \ ICTY_ A TTY\ VO L1 1 USERSIA TTYIA TYKB3 61 WP DOCSIDEP ARTMEN71LlBRARYlinlerlocaI6monlh. clean. doc ~ -- I I cooperating unit. These plans are the basis for library service provision. Each year an Annual Plan of Service and Budget is 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 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 participating governmental entities 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 participating governmental entities, the BCC, and the Division of Library and Information Services. IV. PARTICIPATION: A. General: Participation will be voluntary and open to any governmental unit. Citizens residing in participating areas will be eligible to use the services of member libraries of the Cooperative without charge. Citizens residing in governmental units or areas not electing to participate will be excluded from the use of the Cooperative's services. Participating entities may withdraw pursuant to the provisions of Section VI. 7 I ICTY _A TTYI VOLl I USERSIA TTYIA TYKB3 6\ WP DOCSIDEP ARTMEN7VJBRAR Ylinlerloca 16monlh. clean. doc ;- I I B. Participating Governmental Units With Libraries: 1. Autonomy. Each governmental unit 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 functions, 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 various governmental units with no loss in benefits; c. Each library shall remain the property of the governmental unit in which it is located, and all maintenance and repairs shall be effected through operating budgets from allocated local appropriations. 2. Each governmental unit 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. Governmental units with libraries will not be assessed for additional funds to participate in the Cooperative. 3. Materials and Services. Participating governmental units 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 library, residents of participating governmental units may borrow materials either directly from participating libraries or through interlibrary loans, and use all reference and public programming services. C. Participating Governmental Units Without Libraries: 8 \ ICTY _A 7TYI VOLl \ USERSIA 7TY1.A TYKE3 6\ WP DOCS\DEP ARTMEN7iLl BRAR Y\inler/oca/6monlh. clean. doc I I 1. Basis for Funding: Each participating governmental unit without a library shall provide annual financial support to the Cooperative which, when calculated on a per capita (of population of such governmental unit) basis for any years, 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 participating governmental units having libraries. The average per capita funding provided by governmental units having libraries shall be calculated as follows: The total expenditures as adjusted for monies received from the Cooperative of the participating governmental units from the most current prior year shall be divided by the total population of the participating governmental units to obtain the aggregate average per capita cost. For"purposes of this subsection C, "funding" means the amount of library expenditures for any year as described in Section V A by a participating governmental unit having a library, and "population" means the number of citizens residing in the participating governmental unit determined in accordance with Section V A. 2. Underfunding: It is understood that the funding commitment set forth in Section IV C of each governmental unit without a library is subject to annual appropriation of funds by the governing authority of such unit and to applicable limitations on millages available. However, if such governmental unit's financial support paid to the Cooperative is less than the amount due under Section IV C for any reason other than limitation on millages available, then such unit shall be deemed to have withdrawn from the Cooperative (notwithstanding the provisions of Section VI A) effective thirty (30) days 9 \ ICTY_ A TTY\ VOLl \ USERSIA TTYIA TYKB3 6\ WP DOCS\DEP ARTMEN71.LIBRAR Y\inter/oca/6month. clean. doc ,,- - I I after the giving of written notice to such unit of the deficiency, unless payment of such deficiency is made within such thirty (30) days. In the event of such withdrawal, all funds due under Section IV C shall be immediately due and payable as specified in Section VI C. V. FUNDING MECHANISM: A. Determination and Notification of Per Capita Amounts for Participating Governmental Units Without Libraries: The Cooperative shall advise by June 1 of each year, each participating governmental unit 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 participating governmental units with libraries for last completed year and (ii) appropriate population statistics. The expenditures shall be based on audited financial statements for such last completed year in accordance with budget line items identified in Section V C 3 below. 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. Payments shall be made by each participating governmental unit without a library of annual financial support due from it in four (4) quarterly payments of twenty-five percent (25%) each. Governmental units 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. 10 \ ICTY _A 7TYI VOLl \ USERSIA 7TY\A TYKB36\ WP DOCSIDEP ARTMENT\LlBRAR Ylinterlocal6month. clean. doc I I B. Fiduciary Responsibility for Funds: a. All funds of the Cooperative shall be maintained in an interest- bearing bank depository; 2. Complete and accurate records shall be kept of the receipts and disbursement of all funds of the Cooperative: 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 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. Eight percent (8%) of the monies collected from participating governmental units 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. 2. Three percent (3%) of the monies collected from participating governmental units 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 administrator's operations. 11 \ ICTY _A TrYI VO Ll \ USERSIA TTYIA TYKB36\ WP DOCS\DEP ARTMENT1LIBRAR Ylinterlocal6month. clean. doc I I 3. The remaining funds (89% of monies collected from participating governmental units without library service and 97% of the state aid operating grant monies) shall be distributed to participating governmental units with libraries with each such unit with a library receiving the same proportion of such remaining funds as such unit's library operating costs for the year next preceding the year in which such disbursement is to be made bears to the total library operating costs for such next preceding year of all governmental units with libraries. This distribution is to be based on submittal of annual library operating costs with descriptive codes in accordance with the state chart of accounts. All funds collected from sources other than participating governmental units shall be distributed in the same manner as funds collected from governmental units 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. After the first two full fiscal years (October 1, 1990 to September 30, 1992) of the Cooperative, the Cooperative's Board of Directors, with the approval of the BCC; may change the above disbursement formula. The operating costs for each library shall consist of all direct operating costs, which may include any or all of the following: Personnel Costs: Salary & wages Overtime 12 \ ICTY_A 7TY\ VO LJ \ USERSIA TTY\A TYKB3 6\ WP DOCSIDEP ARTMEN71UBRARY\inter/oca/6monlh. clean. doc I I FICA Reti rement/pension Life/Health/Disability Insurance Unemployment Compensation Worker's Compensation Other Council/Board approved benefits Operating Expenses: Professional services (e.g. accounting, auditing, legal, etc.) Contractual services (may include pest control, janitorial service, security, contracts with other agencies, etc.) Liability Insurance/Risk Assessment Local travel/auto allowance Non-local travel and per diem Other transportation expenses Training Supplies - office Supplies - Library operating Supplies - other Telephone Postage Utilities Purchase or lease of library equipment Other rents and leases (excluding land and buildings) I ICTY_A ITYI VO Ll \ USERSIA ITYIA TYKB3 6\ WP DOCSIDEP ARTMENTlLIBRARYlinlerlocal6monlh. clean. doc 13 I I Equipment repair and maintenance Printing and binding Library collection (books, periodicals, audio visual, realia, professional subscriptions, other reference material) Replacement library furnishings Vehicles Memberships Grounds maintenance Building repair, associated building material and maintenance Community education (promotion) Renovation and/or building addition under $25,000.00 in year Date processing charges, equipment and supplies Debt service on any included item above, the purchase of which has not been previously funded 4. For each of the first two fiscal years of the Cooperative, no governmental unit with a library will receive more than twenty percent (20%) nor less than five percent (5%) of disbursement monies unless the five percent (5%) disbursement amount exceeds the amount of the individual library's operating costs for the year most recently preceding the year for which disbursements are to be made, in which case an amount equivalent to such preceding year's costs will be disbursed. 5. Any governmental unit with a library that joins the Cooperative may apply for monies for expansion of its library facilities. Upon approval by the Board of Directors, these monies are to provided from the Cooperative's capital improvements 14 1 ICTY _A TTYI VO Ll 1 USERSIA TTYIA TYKB3 61 WP DOCSIDEP ARTMENnLlBRARY\interlocaI6monlh. clean. doc I I fund. As long as the governmental unit remains a member of the Cooperative, the money need not be paid back. However, if and when such governmental unit ceases to be a member of the Cooperative, it shall have the obligations described at Section VI B. 6. 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. 1 B-2 and 1 B-3. VI. WITHDRAWAL: A. All Participants: 1. No participant may withdraw from the Cooperative or from its obligation under this Agreement for a three (3) year period from and after the effective date, subject to the provisions of Section IV C 2. 2. Any participating governmental unit wishing to withdraw shall submit written notice thereof to the Cooperative no later than six (6) months prior to the beginning of any fiscal year of the Cooperative. 3. Withdrawal of governmental units without libraries may occur in the manner specified in Section IV C 2. B. Governmental Unit With a Library: A governmental unit 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 unit's last fiscal year completed prior to the date the withdrawal is effective to insure maintenance of proper accounting for the Cooperative; 15 1 ICTY _A 7TY\ VOLl \ USERSIA 7TYIA TYKB3 61 WP DOCSIDEP ARTMENTlLIBRAR Y\interlocaI6month. clean. doc I I 2. Return to the Cooperative within sixty (60) days after withdrawal, any special equipment or collections purchased for such governmental unit 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 governmental unit with a library shall have no other obligation under this Agreement. C. Governmental Unit Without a Library: No governmental unit 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: In the event that participating governmental units representing more than fifty (50%) of the total population of all participating governmental units withdraw under this Section VI, or are deemed to have withdrawn under Section IV C 2 this Agreement shall terminate. In any event, this Agreement shall expire on July 10, 2001, unless_extended 16 \ \CTY _ArTY' VaLl 1 USERSIA 1TY\A TYKE3 61 WP DOCSIDEP ARTMENTlLlBRAR Ylinterlocal6monlh. clean. doc I I for another sixth month term upon the written consent of all participating governmental units. IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed on the day and year first above written. 17 \ ICTY _A TTYI VOLl \ USERSIA TTYIA TYKB3 6\ WP DOCS\DEP ARTMENTlLIBRARYlinterlocal6month. clean. doc ,YJ ..-' -', i I Countersigned: CITY OF CLEARWATER, FLORIDA By: ~'M.......~r ~. Horne, II Interim City Manager Bri~i~ Mayor-C mmissioner Approved as to form: Attest: ~ [. Ji~ Cy t "aE.Goudeau City lerk Qa l"').. Leslie K. Dougall-Si s Assistant City Attorney ,,,.:)