HomeMy WebLinkAbout1982-05-04; City Council; 6310-1; Seventh Amendment to Joint Exercise of Powers Agreement Serra Cooperative Library SystemZ
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CIT . OF CARLSBAD _... Ar-cuna' tail 1AB
o' TITLE: SEVENTH AMENDMENT TO THE JOINT EXERCISE
MT OF DEPT. HD. i
MTG. 5�4�82 POWERS AGREEMENT -- SERRA COOPERATIVE
DEPT. L I B. LIBRARY SYSTEM CITY AMVEa
CITY MQR.'
RECOMMENDED ACTION: Adopt Resolution No.
he City
to execute the Seventh Amendment to the Joint-isetOfrPowersizintAgreementanager
Serra Cooperative Library System.
ITEM EXPLANATION:
Established in 1965 under provisions of the Public Library Services Act of 1963,
the Serra Cooperative Library System operates under a Joint Exercise of Powers
Agreement.
Since 1965, six amendments have been added to the Agreement.
The First Amendment, in 1967, added Chula Vista to the System, joining the original members -- Carlsbad, National City, Oceanside and San Diego Public;
the Second Amendment, in 1969, added Coronado; and the Third, in 1970, added
San Diego County and Escondido.
The Fourth Amendment, in 1971, made San Diego County the System's fiscal
agency and headquarters.
The Fifth Amendment, in 1972, made the project libraries in Brawley, E1
Centro, Calexico and the City of Imperial full-fledged members of the System.
The Sixth Amendment, in 1980, added Imperial County to the System and updated
the document to conform with administrative regulations stipulated in the
California library Services Act of 1977. That Act provided for State aid
to libraries for inter -library loan, equal access, and cooperative projects.
The Seventh Amendment alters the Agreement to allow the System to contract with a
certified public accountant to perform routine accounting and disbursement
functions now being handled by the San Diego County Auditor and Controller. San
Diego County will still serve as the fiscal agent. The change is being made because
it has been determined that it is more economical and efficient for both Serra and
the County to contract for accounting services.
This Seventh Amendment to the Agreement may be executed in counterparts and when so executed, shall be as valid and binding as if all parties had signed one document.
The Library Board of Trustees approved this Seventh Amendment at their meeting on
Wednesday, April 21, 1982.
FISCAL IMPACT: None.
EXHIBITS:
A. Copy of Agreement.
B. Resolution No.lpto_q .
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SEVENTH 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, CORONADO,
EL CENTRO, ESCONDIDO, IMPERIAL, NATIONAL CITY
AND OCEANSIDE IN REGARD TO THE SERRA COOPERATIVE
LIBRARY SYSTEM
i
THIS AGREEMENT, hereinafter sometimes referred to as the "Seventh
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 public agencies, hereinafter sometimes referred
' to individually by name or collectively as "Members".
WITNESSETH:
WHEREAS, it has been determined to be more
economical
for the Serra Cooperative Library System to contract with laacertifiedent
public accountant to perform certain routine accounting and disbursement
functions which are now performed by the San biego County Auditor and
Controller.
j
NOW, THEREFORE, the Members agree that certain Joint ercise of
Powers Agreement hereinabove referred to, as amended'by the First through
ix�mendments thereto, is hereby amended as follows:
.1. Subparagraph ii of subsection (A) of Section 3 of the Agreement
is hereby deleted.
2. An additional subparagraph is added to subsection (A) of Section 3•
of the Agreement to read:
"With the Consent of and pursuant to guidelines established by the
I San Diego County Auditor and Controller, the Administrative
Council may employ or contract with a certified public accountant
to perform routine accounting and disbursement functions for the System. If the Administrative Council elects to employ a
certified public accountant, the San Diego County Auditor and
Controller shall not perform the functions in which the certified
public accountant is engaged."
3. This Seventh Amendment to Agreement may be executed in counterparts
and when so executed shall be as valid and binding as if all parties
had signed one document.
COMM CUUNK.L
RY
DEPUTY
Lxcuipted from 601 Ammendment
WHEREAS, the Members are desirous of
cooperative regional libcontinui
operative Llibrary system known as the Serra Co-
ibrar-y System for the purpose of improvin
extending public library services to all residents of and
he
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
the Systen.; and of
WHEREAS, it is desirable for the System to accept
advances of funds from the County of San Diego to be repaid
from allocations from
NOW, THEREFORE M _ the state andfederal governments.
{ herein
InMembers Of the
Premises and the promises, the
aree
Powers Agreement hereina overeferredhat to,tastamendednbJoint
First through ri)(th Amendments thereto, is her d
its entirety to read as follows: ebY amended in
f l• Pursuant to the provisions of Education Code !
Section 18700, et seq., and Government Code Section 6500, et
Sysh System, hereine Meers aformed
afterreferredtohe Serra „Cooperative Library
� System
#' 2. Each of the public libraries within said Cities and
Counties shall be considered a
System. "member library" of said
v
3. The obligations and conditions that hereinafter
follow are, contingent upon the approval
of the plans of library serrice wh
ichhave been ssubmitted by
an
the member libraries.
A. The County of San Diego shall perform the
following 'services:
i. Provide a headquarters for the $ys7:*tem at
tr
Count Librar Head uarters.
THE 7th AMMENDME14T CALtaccOunting-of
. Act as contracting agency with the State
FOR THE DELETION OF f Califoxnia for the receipt of disbursements and
such funds as may be allocated by
THIS PARAGRAPH. CSL he state or federal government for System use.
NOW WILL CONTRACT DIRECTLY
WITH SYSTEMS AS ENTITIES.
q
DAcerpted from Gth Ainmendment
iii. Act as fiscal agent for the System and
issue regular reports of receipts and disburse-
ments and accounting of funds, or 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
7� the County of San Diego shall report on and
account for only those funds received by it
-�✓f� ��% pursuant to contracts executed by it as contracting
- - - —agency-under the terms of the Fourth and -subsequent
PHE NEWBE PARA
O.0 INSGRAPH ER�a- ,&&dments •-tb the Agreement. - - -
D ERTED HE.
__ --•.►� B he 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 14:brAry materials,
hiring their own personnel, and operating according to
the policies and rules established by their own govern-
ing bodies, boards of trustees, or city managers.
D. Member libraries sha11 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, without discrimination
because of his place of residence and 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 L�ther member libraries, and shall
provide photocopies of reference material to other
member libraries at cost.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING
EXECUTION OF THE SEVENTH A14ENDMENT TO JOINT
EXERCISE 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 six•previous occasions when
substantive changes have occurred; and
WHEREAS, under Amendment seven Serra may employ or contract with a
certified public accountant to perform routine accounting and disbursement
functions for the 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.
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
4th day of May 1982, by the following vote, to wit:
AYES: Council Mknbers Casler, Anear, Lewis acid Kulchin
NOES: None
ABSENT: Council Member Padmrd /
.l
RONALD CI .PACKARD,. Mayor
MM H . CASLER, Vice Mayor
(ATTEST:
AL_ET HA L. RAU9�1 , City C I e r I
(SEAL)