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HomeMy WebLinkAbout1980-08-05; City Council; Resolution 62651 2 3 4 5 6 7 8 9 10 I1 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 CISE OF POWERS AGREEMENT IN REGARD TO THE SERRA COOPERATIVE LIBRARY SYSTEM. EXECUTION OF THE SIXTH AMENDMENT TO JOINT EXER- 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 MHEREAS, 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 cjoverni ng body from "Executi ve Board" to "Admi ni s trati ve Counci 1 'I ; 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" MOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: I 7. I hat 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. //// -1 - //I/ 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 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 5th day of August , 1980, by the following vote, to wit: AYES: NOES: Council Member Anear Council Members Packard, Casler and Kulchin ABSENT: Counci 1 Member Lewi s ATTEST: lt& 2 d& ALETHA L. RAUTENKRAQ, CITY CLERK J (SEAL) 0 0 SIXTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT . ANONG THE COUNTIES OF SAN DIFGO 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 COOP- ERATIVE LIBW-RY SYSTEM THIS AGREEPIENT, 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 subdivisioiis 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 collectively as "P4embers". WITNESSETH: 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 €or the purposes of: .I, 1, Assisting them in establishing, improving, and ' extending library services; a. 2. Encouraging the establishment of library systems in areas wh-re such cooperation would facilitate improved library service; and WHEREAS, on July's, 1967, the Members (other than the Cities of Brawley, Calexico, Coronado, El Centro, Escondido, . Imperial, and the Counties of San Diego and Imperial) 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 system known as the Serra Regional Library System; and so as to include the Cities of Brawley, Calexico, Coronado, El Centro, Escondido, and Imperia1,and the County of San Diego; and WHEREAS, said Joint Powers Agreement has been amended 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 e 3 WHEREAS, the Members 'are desirous of continuing the cooperative regional library system known as the Serra Co- operatfve 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 Agreemen& hereinabove referred to, as amended by First through Fifth Amendments thereto, is hereby amended in . its entirety to read as follows: 1. Pursuant to the provisions of Education Code Section 18700, et seq., and Government Code Section 6500, et System, hereinafter referred to as the "System". ., seq., the Members have formed the Serra Cooperative Library I' 2. Each of the public libraries within said Cities and Counties shall be considered a "member library" of said System.. 3. The obligations and 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 Dieqo shall perform the following services: i. Provide a headquarters for the System at the San Diego County Library Headquarters. ." XI. Act as contracting agency with the State or' California for the receipt of disbursements and accountin9 of such funds as may-be allocated by the state or federal government for System use. 0 0 iii. Act as fiscal aqent 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 t’o‘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 I agency under the terms of the Fourth and subseqnent 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. Co The Members shall administer their own public hiring their own personnel, and operating according to the policies and rules established by their own govern- ing bodies, boards of trustees, or city managefs. .libraries independently, selecting their own lihrsry materials, 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, 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 matcrinls, nccordinq to their own rul-cs, on inter-library loan to other member libraries, and shall provide photocopies of reference material to other member libraries at cost. - 3- I . F. A Research Center 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 a11 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 librayies, or ii-itiate 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 Council. The Administrative Council shall draw up rules and regulations for operation’of the System and authorize expenditures from System funds. ,. .I 5. The Treasurer of the County of San Diego shall be I , 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 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 incuz debts, liabilities, or obligations required by the exercise of these powe;-s 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. . of financial assistance from persons, firms, corporations 9. Other librxies maintained and operated by a public agency may apply'for membership in the Serra Cooperative Library System; provided, however, 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 Allocated to the System by the State of ,. ., California pursuant to the California Library Services Act, :All such applications must be approved by the System Administrative . Co.unci1. ' .lo. 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 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. This Agreement is executed by the COUNTY OF SAN DIEGO acting by and through the Board of Supervisors of said county this day of f 19 . - COUNTY OF SAN DIEGO APPROVED AS TO FORM AND LEGALIN’. * ’ COUNTY COUNSEL Clerk, Board of Supervisors by the COUNTY OF IMPERIAL acting by and through the Board of Supervisors of said county, under and pursuant to Resolution No. I authorizing such.execution, this day of 19 0 f - COUNTY OF IMPERIAL BY I. *I Clerk, Board of Supervisors .I This Agreement is executed by the CITY OF SAN DIEGO, acting by and through the- City Fllanager of said city, under and pursuant to Resolution No. , authorizing such execution, this day of ,19’ . - CITY OF SAN’DIEGO BY - City Manager’ - * This Agreement is executed by the CITY OF BRAWLEY, acting,by and through the City Manager of said’city, under and pursuant to Resolution No. , authorizing such execution, this 19 . day of - , CITY OF BRAWLEY BY City Manager -6- .. 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 such ' execution, this day of , 19 . I_ CITY OF CALEXICO I. . . 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. a , authorizing such execution, this yf4 day of 19 Fo . - CITY OF CARLSBAD ,. BY City Manager .I This Agreement is executed by the CITY OF CHULA VIS'TA, *' acting by and through the Mayor of said city, under and pursuant to Resolution No. execution, this day of authorizing such , 19 (. - I CITY OF CHULA VISTA BY Mayor *. This Agreement is executed by the CITY OF CORONADO, acting by and through the City Manaqer of said city, under and pursuant,to Resolution No. , authorizing such execution, this day of ,19-. CITY OF CORONADO BY . City Manager -7- . 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. , authorizinq such execbtion, , 19 a this day of _I - CITY OF EL CENTRO BY .. 6 I 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. , authorizing such , 19 . execution, this day of - CITY OF. ESCONDIDO BY City Manager I. .. . .. 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 * 19 . execution, this day of - CITY OF IMPERIAL: 3Y City Manager 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 , 19 . execution, this day of - CITY OF NATIONAL CITY BY City Manager -8- This Agreement is executed hy the CITY OF OCEANSIDE, acting by arid through the City Manager of said city, under and pursuant to Resolution NO. , authorizing such , 19 . - ' execution, this day of CITY OF OCEANSIDE .. (I . .. BY City Manager . -9-