2007-076 Palm Beach County Library Cooperative MembershipRESOLUTION 2007-76
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AUTHORIZING VILLAGE ADMINISTRATION TO
SEEK MEMBERSHIP IN THE PALM BEACH COUNTY LIBRARY
COOPERATIVE AND AUTHORIZING VILLAGE ADMINISTRATION AND
VILLAGE OFFICIALS TO TAKE ALL STEPS NECESSARY TO EFFECUTATE
SUCH MEMBERSHIP, INCLUDING EXECUTION OF AN INTERLOCAL
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Library Board recommended that the Village join the Palm Beach County
Library Cooperative, thereby enabling the Village to receive state aid and allowing residents to
access libraries operated by other cooperative members, including Pahn Beach County; and
WHEREAS, the Village cannot formally become a member of the Library Cooperative until such
time as the Cooperative Board holds its annual meeting, approves the Village's request for
membership, and executes an Interlocal Agreement with the Village; and
WHEREAS, the Village Administratiai is requesting authority to seek provisional membership in
the Cooperative until such time as the Board formally approves the Village's request and executes
the Interlocal Agreement; and
WHEREAS, the Village Council wishes to authorize the Village Administration and Village
Officials to take all steps necessary to effectuate membership in the Palm Beach County Library
• Cooperative and determines that the adoption of this Resolution benefits the public health, safety
and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing "whereas" clauses are hereby adopted as true and correct and are
incorporated herein by reference.
Section 2. The Village Council hereby authorizes Village Administration to take all steps
necessary to effectuate membership in the Palm Beach County Library Cooperative, including
requesting provisional membership subject to final approval by the Cooperative Board. Should the
Cooperative grant the Village's request, the Village Council hereby authorizes and directs the
Mayor and Village Clerk to execute an Interlocal Agreement with the Palm Beach County Library
Cooperative, a copy ofwhich is attached hereto as Exhibit "A" and incorporated herein by this reference.
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 26th DAY OF JULY, 2007.
r
(Village Seal)'', s/' O
MA ~OR
• ATTESTd ~''
i~~~-~~ ~ /~ ~~
VILLAGE CLERK
PALM BSACS COUNTY LIBRARY COOPERATIVE INTERLOCAL
THIS INTERLOCAL AGREEMENT, made and entered into this 9th day
of August 2007 (hereinafter the "Agreement") by and
between the undersigned governmental units, confirming and
establishing their respective participation in the Palm Beach County
Library Cooperative to enhance the public library services offered
in the geographic areas served by these governmental units;
WHEREAS, each of the governmental units participating herein
presently maintains a free public library; and
WHEREAS, it is deemed mutually advantageous to these governmental
units to enter into this Agreement for the express purpose of
cooperating in order to provide a higher level of free and equally
enhanced library service which will benefit all library users in
the geographic areas served by the Palm Beach County Library
Cooperative; and
WHEREAS, this Agreement is authorized by Section 163.01, Florida
Statutes, as amended, which permits local governmental units to
make the most effective use of their powers by enabling them to
cooperate with other governmental units; and
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, this Agreement furthers the intent of Section 257.40,
Florida Statutes, which encourages cooperation among libraries to
meet educational and informational needs of library users; and
WHEREAS, the parties acknowledge that this cooperative agreement
eliminates provisions contained in previous cooperative
agreements due to statutory changes related to eligibility for
State Aid to Public Libraries.
NOW, THEREFORE, in consideration of the mutual benefits and the
covenants and agreements set forth herein, the parties hereto
agree as follows:
I. EFFECTIVE DATE, PURPOSE
A. Effective Date
This Agreement will become effective October 1, 2007.
B. Purpose
The purpose and intent of this Agreement is to provide for
the joint exercise of power by the Palm Beach County
Library Cooperative which was established in 1969 in order
to enhance, expand, and increase the coordination of equal
access to the free public library services and programs now
offered by the Cooperative Libraries for the benefit of all
residents in each of the participating governmental units'
legal service areas, and to capitalize and build on the
strengths of the services provided by the Cooperative's
member libraries. All prior agreements relating to the
Palm Beach County Library Cooperative are rescinded and
superseded by this Agreement.
II. DEFINITIONS
A. Library - as used in this Agreement refers to the public
library systems operated by member governmental units.
B. Governmental Unit - as used in this Agreement refers to
municipalities with libraries, counties with libraries,
library taxing districts with libraries, and nonprofit
associations offering library service supported by public
funds.
C. Cooperative- as used in this Agreement refers to the
Palm Beach County Library Cooperative.
D. Taxing District - as used in this Agreement refers to the
Palm Beach County Library Taxing District (LTD).
E. Single Administrative Unit - means an eligible political
subdivision under Section 257.17, Florida Statutes, that
is designated to be responsible for managing or
coordinating free library service to its residents.
F. Single Administrative Head -.means the individual
employed or designated by the library's governing body
who is responsible for managing or coordinating the
library.
III
G. State Aid - means the State Aid to Libraries program
administered by the Division of Library and information
Services of the State of Florida.
H. Member - means a governmental unit which has executed an
agreement and actively participates in the Palm Beach
County Library Cooperative.
MANAGEMENT STRUCTURE OF THE COOPERATIVE
In order to comply with Chapter 257, Florida Statutes, the
Palm Beach County Board of County Commissioners designates
the Palm Beach County Library Cooperative Board as the
governing body for the Cooperative in order to administer
the Cooperative library programs and services. The role of
the Palm Beach County Board of County Commissioners will in
no way interfere with the participating local governmental
units' authority to operate their libraries.
The Cooperative's Board will be composed of the Library
Director from each participating municipal library and the
Library Director from the County Library Taxing District.
Members of this Board will serve without compensation.
A. Officers
The Chair, Secretary, and such other officers as the
membership shall determine are in the Cooperative's
best interests will each be elected by the members of
the Cooperative Board from its membership and will
perform duties as provided for in the bylaws.
1. Term of Office
The term of office for each officer will be one year.
2. Eligibility
All officers must have a Master's Degree in Library
Science from an ALA accredited School of Library
Science.
3. Chair
The Chair will be responsible for setting the
agenda, conducting the meetings in accordance with
accepted rules of parliamentary procedure, and other
duties as agreed to by the Cooperative Board.
4. Secretary
The Secretary will be responsible for recording and
distributing the minutes, maintaining the official
documents of the Cooperative, scheduling the regular
meetings, recording the attendance at each meeting,
and other duties as agreed to by the Cooperative
Board.
B. Cooperative Board Responsibilities
1. The members of the Cooperative Board will be
responsible for developing the Cooperative Annual
Plan of Service and Partnership Agreement which
indicate the role of each participating local
governmental library in the plans implementation.
C. Meetings
Meetings will be held on a regular basis. Each member
will have one vote. The initial procedural rules and
governance of the Library Cooperative and conduct of
its meetings will be set forth in the bylaws upon
ratification of the Interlocal Agreement. All
decisions of the Board will be published in a set of
minutes which will be prepared and distributed to the
membership prior to the next meeting.
D. Duties
The duties of the Cooperative Board will include but
not be limited to:
1. Managing the affairs of the Cooperative;
2. Adopting bylaws and procedural rules;
3. Establishing administrative policies which will
govern the operations of the Cooperative;
4. Developing, adopting, implementing, and maintaining
the Cooperative Partnership Agreement, based on
Long-Range Plans approved by individual member
governments;
5. Promoting equal access to library services
throughout the Cooperative's legal service area;
6. Performing its duties in a way which does not
interfere with Palm Beach County's or any of the
participating municipal government's ability to
operate their libraries.
IV. PARTICIPATION IN THE COOPERATIVE
A. Requirements
1. Membership in the Cooperative is voluntary and is
open to any public library in Palm Beach County which
meets the specific membership requirements set forth
in the bylaws and provided that the library and its
governing unit subscribe to and support all the
elements set forth in the Palm Beach County
Cooperative Interlocal Agreement and provided that
each new member:
a. Agrees that all citizens residing in all
participating areas will be eligible to use the
services of Cooperative member libraries without
charge; and
b. Agrees to have an original copy of this
Interlocal Agreement executed by the new member
and the Cooperative Board at least prior to
September 1 of the first fiscal year of
participation.
B
Local Authority
1. Each governmental unit will continue to decide the
level of library service for its community, and
will prepare and adopt its own budget. Each
library will remain autonomous and retain control
of its operations, functions, and local funds. For
example:
a. Trust funds, individual gifts or donations made
to a library will remain the property of that
library;
b. All library personnel will remain employees of
their specific local governmental units;
c. All materials purchased for the use of a member
library will become and remain the property of
that library;
d. Each library will remain the property of the
governmental unit in which it is located, and
all maintenance and repairs will be effected
through operating budgets from allocated local
appropriations.
2. Each governmental unit delegates authority to its
.representative on the Board of the Cooperative to
accept new members who meet the requirements of
Section IV (A) of this Agreement.
C. Materials and Services
Participating libraries agree to allow free circulation
and use of materials to all citizens in the
Cooperative's service area. Pursuant to policies
established by the Cooperative, citizens may borrow
materials either directly from participating libraries
or through interlibrary loan, and use all reference and
programming services of other libraries. If the
Agreement is terminated, obligation to permit
reciprocal borrowing will expire.
D. Effective Date
The effective date of participation in the Cooperative
for any new member will be the first day of October
following the signing of an original copy of this
Interlocal Agreement.
V
GENERAL REQUIREMENTS
A. Financial
1. The Cooperative will abide by the terms and
provisions of the laws of the State of Florida; the
provisions of this Agreement; and any other
applicable Federal, State, or local laws, rules and
regulations.
B. Planning
The Cooperative's Annual Plan of Service and
Partnership Agreement will outline the Cooperative's
development and operation of library service throughout
the legal service areas of all participating local
libraries.
VI. WITHDRAWAL
A. No participant may withdraw from the Cooperative or
from its obligation under this Agreement for a two (2)
year period from and after the effective date.
B. Any participating local governmental unit wishing to
withdraw will submit written notice thereof to the
Cooperative no later than nine (9) months prior to the
beginning of any fiscal year of the Cooperative.
C. Effective upon withdrawal in accordance with this
Section the local governmental unit shall no longer be
bound by the requirements of this Interlocal Agreement,
including, without limitation, the requirements to
permit use of materials by all
Cooperative's service area and
requirements of this Interlocal
citizens in the
the financial
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Interlocal Agreement to be executed to expand the Library
Cooperative of the Palm Beaches by including the village of
North Palm Beach, effective October 1, 2007.
ATTEST
Typed Name: Melissa Teal, Clerk
~~~d6~
Typed Name: enda J. Stilwell
Witness
T ed~Name: Judith M. Weston
witness
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By: ,~~~
VILLAGE OF NORTH PALM BEACH
by:
Typed ame:Edward M. Eisse Ma or
THE LIBRARY COOPERATIVE OF THE
PALM BEACHES
~~~ ~ ~~~~
Elena Romeo. Chair
~ ~~
App d a terms and conditions
Jo J. Callahan Iii
Library Director
Palm Beach County Library System
alm Heach County Attorney