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HomeMy WebLinkAbout1980-08-05; City Council; 6310; Sixth Amendment to Joint Exercise of Powers Agreement Serra Cooperative Library System�I CITY OF CARLSBAD AGENDA BILL NO. Co 31 O initial: DATE: August 5, 1-980 Dept. Hd.�l:, C. Atty..\)Ea DEPARTMENT: Library C. Mgr. Subject: Sixth Amendment to Joint Exercise of Powers Agreement - Serra Cooperative Library System Statement of the Matter The Serra Cooperative Library System was organized in 1965 under the provisions s of the Public Library Services Act of 1963. The System operates under a Joint Exercisesof Powers Agreement which was entered into by the original participants on July 5, 1965. jA Sixth Amendment to this document is being proposed in order to update the f document -to reflect some of the changes that have evolved within the System and certain administrative regulations that arose with the passage -of a new state aid i act in 1977 (the C41ifornia.Library Services Act). The Fifth Amendment was authorized for execution under Resolution No. 1929. Among the changes are: changes in the way that Serra employees are hired (i.e., Serra formerly had staff on the payroll of member jurisdictions.; Serra now acts as its own hiring agent, and con- tracts with the Bank of America for payroll services, result`►tg in reduces over- head costs to the System and in more equivalent benefits for staff of the Systea).; i the governing body of the System must now be known as the,"Administrative Council" (as per Administrative Regulation); Imperial County Fret. Library is a System member but'nas never formally been included in the JEPA; the name of the System has changed from "Serra.Regional Library System" to "Serra Cooperative Library System." The benefits of System membership and the services provided remain essentially the same. Fiscal Impact None Exhibits (a) Merpo from Library Director NCopy of sample agreement Resolution No. Recommendation If Council concurs, adopt Resolution No. authorizing the City Manager to execute the agreement. Council Action: 8-5-80 Council adopted Resolution 6256, and requested further report on the matter of membership vs% non -membership to the Serra System and possibility of charging fees to non-residents.. �_A July 25, 1980 Memorandum TO: City Manager FROM: Library Director i SUBJECT: JOINT EXERCISE OF POWERS AGREEMENT, SIXTH AMENDMENT - SERRA COOPERATIVE LIBRARY SYSTEM The Serra System has operated under Joint Exercise of Powers Agreements since its inception in 1965. An amendment to that agreement is required when changes of a major nature occur. The necessity of the Sixth Amendment to the JEPA is explained under Statement of the Matter on the attached agenda bill. The JEPA has been reviewed by the San Diego County Counsel (William D. Smith, Deputy) and has been approved as to form and legality. Attorney Smith's signature is on page 6. Upon approval by the Council, the original document can be signed in counterpart. A System representative will call for an appointment, and the document will be hand -carried for your signature. A0-t-GeorginarD. Cole Library Director GDC:ch Attachment SIXTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT AMONG THE COUNTIES OF SAN DIEGO AND IMPERIAL AND THE CITIES OF SAN DIEGO, BRAWLEY, CALEXICO, CARLSBAD, CHULA VISTA, CO"ONADO, EL CENTRO, ESCONDIDO, IMPERIAL, NATIONAL CITY AND OCEANSIDE IN REGARD TO THE SERRA 000P- ERATIVE LIBRARY SYSTEM THIS AGREEMENT, hereinafter sometimes referred to as the "Sixth Amendment to Agreement", is made and entered into by and between the COUNTIES OF SAN DIEGO and IMPERIAL, political subdivisions of the State of California, and the CITIES OF SAN DIEGO, BRAWLEY, CALEXICO, CARLSBAD, CHULA VISTA, CORONADO, EL CENTRO, ESCONDIDO, IMPERIAL, NATIONAL CITY and OCEANSIDE, all California municipal corporations, hereinafter sometimes referred to individually by name or i collectively as "Members". WITNESSETH: f WHEREAS, the State of California has enacted the California Library Services Act in order'to encourage the development of free public libraries throughout the state by grants to public library systems for the purposes of: 1. Assisting them•in establishing,' improving, and extending library services; 2. Encouraging the establishment of library systems in areas where such cooperation would facilitate improved library service; and WHEREAS, on July'5, 1967, the Members (other than the Cities of Brawley, Calexico, Coronado, E1 Centro, Escondido, Imperial, and the Counties of San Diego and Imperial) j entered into an agreement entitled "Joint Exercise of Powers Agreement", hereinafter sometimes referred to as the "Joint Powers Agreement", the original of which is on file in the Office of the City Clerk of the City of San Diego as Document No. 713880, continuing the cooperative regional library systom known as the Serra Regional Library System; and WHEREAS, said Joint Powers Agreement has been amended i so aE; to include the Cities of Brawley, Calexico, Coronado, El Centro, Escondido, and Imperial and the County of San Diego; and WHEREAS, said Joint Powers Agreement was amended by a "Fourth Amendment to Agreement" so as to designate the County of San Diego as the contracting agent of the Serra Regional Library System; and WDS/cac WHEREAS, the Members are desirous of continuing the cooperative regional .library system known.as the Serra Co- operative Library System for the purpose of improving and extending -public library services to all residents of the Cities and Counties by closer cooperation between their respective libraries, and in order to obtain the benefits of such a system as provided by law on such terms and conditions ;as hereinafter follow; and WHEREAS, Imperial County wishes to become a member of the System; and WHEREAS, it is desirable for the System to accept advances of funds from the County of San Diego to be repaid from allocations from the state and federal governments. NOW, THEREFORE, In consideration of the premises and the promises herein contained, the Members agree that that certain Joint Powers Agreement hereinabove referred to, as amended by First through Fifth Amendments thereto., is hereby amended in its entirety to read as follows: I. Pursuant to the provisions of Education Code Section 18700, et seq., and Government Code Section 6500, et seq.,, the Members have .formed the Serra Cooperative Library / System, hereinafter referred to as the "System". 2. Each of the public libraries within said Cities and Counties shall be considered a "member library" of said System.. 3. The obligations dnd conditions that hereinafter follow are contingent upon the approval of the State Librarian of the plans of library service which have been submitted by the member libraries. A. The County of San Diego shall perform the following services: i. Provide a headquarters for the System at the San Diego County Library Headquarters. ii. Act as contracting agency with the State of California for the receipt of disbursements and accounting of such funds as may be allocated by the state or federal government for System use. -2- r i i i iii.' Act as fiscal agent for the System and issue regular reports of receipts and disburse- ments and accounting of funds, br shall do so on demand of any member library; provided, however, for the fiscal years ending June 30, 1971 and June 30, 1972, the City of San Diego shall report on and account for funds received by it pursuant to contracts executed by it as contracting agency under the terms of the Joint Powers Agreement prior to'the Fourth Amendment to Agreement, and the County ,of San Diego shall report on and account for only those funds .received by it Pursuant to contracts executed by it as contracting agency under the terms of the Fourth and subsequent amendments to the Agreement. B. The•County of San Diego, as fiscal agent of the System, may accept temporary advances of funds from the County of San Diego, pending receipt.of funds from the state or federal government, made by the County of San Diego for the purposes set forth herein and for purposes described in applications to said -state or federal government, and the fiscal agent shall agree to repay said advances to the County of San Diego from allocations from the state or federal government at the time said allocations.become available for the purposes for which the advance was made. C. The Members shall administer their own public libraries independently, selecting their own libr'r hiring their own personnel, and operating accordingytoaterigl,s, the policies and rules established by their own govern- ing bodies, boards of trustees,,or city manageis. D. Member libraries shall permit any borrower in good standing in one member library to borrow books and other library material circulated by any other member library, according to its rules, because of his place of residence without discriminationand without payment of a nonresident fee. Material so borrowed from one member library may be returned to another member library without penalty. E. Member libraries shall lend circulating books and other materials, according to their own rules, on inter -library loan to other member libraries, and shall Provide photocopies of reference material to other member libraries at cost. -3- F. A Research Centex shall be maintained at the City of San Diego Public Library - Central Building (the library which has the largest book, periodical, document, and specialized resources) where questions which cannot be answered by member libraries or branches thereof will be referred. G. Some or all of the member libraries may coordinate their book and periodical purchases in order to obtain improved discounts from dealers, compile union lists or catalogs of the holdings of member ,libraries, or initiate and carry out other cooperative projects of benefit to two or more of the member libraries. 4. An Administrative Council consisting of the head librarians of the member libraries or their designated representatives shall be formed, which shall act as the governing body of the Serra Cooperative Library System. The Administrative Council shall elect one of its members as Chair who shall serve for one year and preside over all meetings of the Administrative Counci,.. The Administrative Council shall draw up rules and regulations for operation of -the-System and authorize expenditures from System funds. 5. The Treasurer 'of the County of San Diego shall be the treasurer of the System. 6. The debts, liabilities and obligations of the Serra Cooperative Library System shall not be debts, liabilities, and obligations of the parties to this Agreement. 7. Any member library may withdraw from the Serra Cooperative Library System by serving formal written notice of termination 120 days.prior to the end of the fiscal year. The System shall continue to exist so long as there are two member libraries, provided these two meet -the requirements of System membership as to population served, size of book collection, and all other requirements established by the California State Library and by the laws of the State of California. A library which withdraws from the System shall be promptly paid its part of the personal or real property belonging to the System, in proportion to funds or property paid in by the library, or in its.name if'from state or federal funds. If the System shall be totally dissolved by act of the Administrative Council or because of lack of finances, the property of the System shall be divided in proportion to funds paid into the System in the name of each -library. -4- 8. The System is hereby authorized to do all acts necessary for the exercise of its powers or purposes includ- ing any•or all of the following: to make and enter into contracts; to hire employees and appoint agents; to lease, -manage, maintain or operate any land, buildings, work, or improvements and to dispose by lease, lease purchase or sale of any property; to receive funds, services and other forms Of financial assistance from persons, firms, corporations and.any governmental entity; in connection with any federal or state grant, to enter into any and all agreements necessary to comply with the procedural'requirements of any applicable laws; to incur debts, liabilities, or obligations required by the exercise of these powers which do not constitute debts, liabilities, or obligations of the parties to this Agreement, or to any of them; and to sue and be sued in its own name. 9, Other libr«ries maintained and operated by a public agency may apply for membership in the Serra Cooperative Library System; provided, howevt�!r, that only those members which meet the requirements of System membership as estab- lished by the California State Library and by the laws of ' the State of California, shall be entitled to share in the benefits of'funds cAllocated to the System by the State of California pursuant to the California Library Services Act. :A11 such applications must -be approved by the System Administrative -Council. 10. In addition to the California public agencies which are parties to this Agreement, any library agency, public or private, including those of other states which may desire to participate in or take advantage of the services or activities of the System, may become a participating member by executing an agreement with the Administrative Council upon such terms and conditions as may be provided or adopted by the Administrative Council, and provided that the acceptance or rejection of each proposed participating member be expressly found by the Administrative Council to be in the public interest of the citizens of the System area. 11. The effective date of this Sixth Amendment to Agreement shall be from the date of its execution by all members to June 30, 1981. The annual period from July 1 to June 30 shall be considered the System's fiscal year. This Agreement shall be renewable annually thereafter, from year to year, under the same terms and conditions unless written notice of termination is received. -5- 12. This Sixth Amendment 'o Agreement may be executed in counterparts and when so executed shall be as valid and binding as if all parties had signed one document. This Agreement is executed by the COUNTY OF SAN DIEGO 'acting by and through the Board of Supervisors of said county this day of , 19 COUNTY OF SAN DIEGO APPROVED AS TO FORM AND LEGALITY • ' COUNTY COUNSEL By BYi c, ' Clerk, Boarof Supervisors DEPUTY � l� k 1 " This Agreement is executed by the COUNTY OF IMPERIAL acting by and through the Board of Supervisors of said county, under and pursuant to Resolution NP. authorizing such.execution, this day of t 19 ' COUNTY OF IMPERIAL t By Clerk, Board of Supervisors This Agreement is executed by the CITY OF SAN DIEGO, acting by and through the City Manager of said city, under and pursuant to Resolution No. , authorizing such execution, this day of , 19 CITY OF SAN'DIEGO City Manager' t This Agreement is executed by the CITY OF BRAWLEY, E acting,by and through the City Manager of said city, under . and pursuant to Resolution No. _ authorizing such execution, this day of , 19 . CITY OF BRAWLEY By City Manager This Agreement is executed by the CITY OF CALEXICO, acting by and through the City Manager of said city, under and pursuant to Resolution No. , authorizing suc'.i execution, this day of lg CITY OF CALEXICO G . , By • City Manager This Agreement is executed by the CITY OF CARLSBAD, acting by and through the City Manager of said city, under and pursuant to Resolution No. laaS6 , authorizing such execution, this 744 day of u G uST 19_ b CITY OF CARLSB•AD By City Manager This -Agreement is executed by the'CITY OF CHULA VISTA, { .acting by and through the Mayor of said city, under and pursuant to Resolution No. authorizing such execution, this day of , lg CITY OF CHULA VISTA y Mayor r r This Agreement is executed by the CITY OF CORONADO, " acting by and through the City Manager of said city, under and pursuant•to Resolution,No. , authorizing such execution, this day of , lg . CITY OF CORONADO By City Manager - 7 - 0 This Agreement is executed by the CITY OF EL CENTRO, acting by and through the City Manager of said city, under and pursuant to Resolution No. execution, this dayof . authorizing such CITY OF EL CENTRO By ' City Manager This'Agreement is executed by the CITY'OF ESCONDIDO, acting by and -through the City Manager of said city, under and pursuant to,Resolution No. i execution, this da o£ + authorizing such y 19 CITY OF-ESCONDIDO By City Manager , This Agreement is executed by the CITY OF IMPERIAL, acting by, and, through the City Manager of said city, under and pursuant to Resolution No. authorizing such execution, this day of 19 t ` CITY OF IMPERIAL 3 tt ' 3 By City Manager x This Agreement is executed by the CITY OF NATIONAL CITY, acting by'and through the City Manager of said city, under and pursuant to Resolution No. authorizing such execution, this day of 1 9 CITY . OF NATIONAL -CITY t By City Manager ri'his Agreement is executed by the CITY OF OCEANSIDE, acting by and through the City Manager of said city, under and pursuant to Resolution No. authorizing such execution, this day of , lg CITY OF OCEANSIDE r By City Manager I r 7 i 4 ` a . t I i i -9- . r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27, 28 RESOLUTION NO. 6265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 'CARLSBAD, CALIFORNIA,'AUTHORIZING AND DIRECTING EXECUTION OF THE SIXTH AMENDMENT TO JOINT EXER- CISE OF POWERS AGREEMENT IN REGARD TO THE SERRA COOPERATIVE LIBRARY SYSTEM. - WHEREAS, the City Council authorized the participation of the Carlsbad City Library in the Serra Regional Library System in 1965 by execution of a Joint Exercise of Powers Agreement; and WHEREAS, the agreement has been amended on five previous occasions when substantive changes have occurred; and WHEREAS, under Amendment Six, Serra now acts as its own hiring agent; contracts for payroll services with Bank of America; has changed the name of the governing body from "Executive Board" to "Administrative -Council"; admitted the Imperial County Free Library as a member; and changed the name of the System from "Serra .Regional Library System" to "Serra Cooperative Library System" NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: 1. That the above recitations are true and correct. 2. That the City Manager of the City of Carlsbad is hereby authorized and directed to execute said agreement on behalf of the City of Carlsbad. ' -i- nii 1 2 3 4 ` 5 6 7 r' 8 9 10 11 1 ' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at•a regular meeting of the City Council of the City of Carlsbad held the 5_ th day of August , 1980, by the following vote, to wit: AYES: . Council Members Packard, Casler and Kulchin NOES: Council Member Anear ABSENT: Council Member Lewis L D, Mayor ATTEST: ALETNA L. UTENKRA Z, CITY CLERK (SEAL) 0