HomeMy WebLinkAbout09/11/1989 Item #F-3bCOUNCIL AGENDA (3�
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NEWPORT BEACH PUBLIC LIBRARY
856 San Clemente Drive • Newport Beach, CA 92660 •714{644-3177
FAX 714-644 -5717
September 1, 1989
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To: The Honorable Mayor and Members
of the City Council SEP 11\111989
From: Board of Library Trustees APPROTEEI1_ -
RE: Joint Powers Agreement - Santiago
Library System.
AGENDA ITEM: Consent Calendar
Recommendation:
Approval of Joint Powers Agreement.
Background:
The Santiago Library System is an organization of 10 public
library jurisdictions, primarily funded by California Library
Service Act funds and federal funds from the Library Services
and Construction Act.
The mission of the organization is to improve the depth and
quality of library and information services available to the
people of Orange County.
The organization is governed by a Council representative of
each Library and a System Advisory Board representative of
each area. County of Orange serves as the fiscal agent.
The attached Joint Powers Agreement replaces a previous JPA
approved in 1969, when the Newport Beach Public Library became
a member of the Santiago Library System.
The new document has been completely reformatted but the
structure, powers and responsibilities of the system remain
the same as in the previous documents. It also includes minor
sematic changes and three substantive changes.
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To: Mayor and Members of the City Council .
Re: Joint Powers Agreement —Santiago
Library System
September 1, 1989
Page Two
Minor changes include:
1. Reference to the establishment of the System
Advisory Board in accordance with Education
Code Section 18747(b).
2. Enumeration of specific duties of the Executive
Director of the Santiago Library System.
Substantive changes are:
1. Fundina.
There is a provision for the levying of
annual membership contributions for each
member of the System.
2. Treasurer or Depository.
The Council of the System shall appoint the
Treasurer of the System. In the previous
document, the Orange County Public Library
was cited as fiscal agent of the System.
3. Indemnification and Insurance.
There is a hold harmless provision and man-
dated insurance requirements for the System.
SANTIAGO LIBRARY SYSTEM
AMENDED JOINT POWERS AGREEMENT
Government Code Sections 6500, at seq.
This Amended Agreement is made and entered into this
day of ; 1988, by and among the following public
agencies of the State of California: the County of Orange, a
political subdivision of the State of California; the Placentia
Library District, a special district; the City of Yorba Linda, a
municipal corporation; the City of Huntington Beach, a municipal
corporation; the City of Newport Beach, a municipal corporation;
the City of Fullerton, a municipal corporation; the City of Santa
Ana, a municipal corporation; the City of Anaheim, a municipal
corporation; the City of Orange, a municipal corporation; and the
Buena Park Library District, a special district. Said parties,
together with any other public agencies which may later become
party hereto, are referred to hereafter as member agencies.
WITNESSETH
WHERAS, the Joint Exercise of Powers Act (Government Code
Sections 6500, at se g.) authorizes two or more public agencies by
agreement to jointly exercise any power common to the contracting
parties;
WHEREAS, the parties hereto possess the common power to
operate public libraries;
WHEREAS, in accordance with the California Library
Services Act (Education Code Sections 18700, et se q.) and prior
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legislative authorization, the parties hereto or their
predecessors have established and have continuously operated a
Cooperative Library System;
WHEREAS, the parties hereto desire to continue in effect
and to reaffirm the establishment of a Cooperative Library System
formerly known as the Orange County Cooperative Library System and
currently known as the Santiago Library System ( "System ") by
confirming hereby the creation of a public entity separate from
the parties in accordance with Section 6507 of the Government
code;
WHEREAS, the parties intend that this Amended Joint
Powers Agreement shall supersede the prior joint powers agreements
heretofore entered into between the parties hereto or their
predecessors;
NOW, THEREFORE, each of the parties signatory hereto does
agree as follows:
1. Purpose.
The purpose of this Amended Joint Powers Agreement
( "Agreement ") is to provide for the exercise of the common power
of each of the member agencies to provide public library services.
This power shall be exercised in a manner consistent with and in
furtherance of the objectives of the California Library Services
Act and in such manner that the System shall be eligible for any
grant funds that may be payable pursuant to said Act and such
other laws of a similar nature, both state and federal, that now
exist or that may from time to time be enacted. This instrument
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shall be construed in a manner consistent with these objectives.
The foregoing, however, shall not be deemed to limit the extent of
the powers conferred on the System. The System shall possess all
the powers, prerogatives, and authority necessary to plan,
operate, and administer a Cooperative Library System and those
powers necessary to establish, improve, and extend library
services including, but not limited to, the following:
(a) Receipt of monies under the California Library
Services Act as the same may be amended from time to time;
(b) Receipt of such other monies and benefits as
the System is eligible to receive;
(c) Coordinating all member reference services;
(d) Providing interavailability of books, film,
data, and other information and materials among member libraries;
(e) Making applications and contracts for grants
from public or private entities to carry out the purposes of the
System;
(f) Undertaking cooperative library projects which
may be recommended by the Administrative Council of the System.
(g) Pursuant to requisite vote of the
Administrative Council determining the amount of contribution, if
any, which will be requested of the member agencies.
2. Reaffirmation and Confirmation of the Existence of
the Santiago Library System as a Separate Public
Entity,
The existence of the Santiago Library System as a public
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entity separate from the parties to this Agreement in accordance
with Government Code Section 6507 is hereby confirmed. The debts,
liabilities and obligations of the System, and its Administrative
Council shall not constitute debts, liabilities, or obligations of
any of the parties to this Agreement.
The Systems powers shall be subject to such restrictions
upon the manner of exercising such powers as are imposed upon the
Placentia Library District and Buena Park Library District, as set
forth in Chapter 8, Part 11, Division 1, Title 1 of the Education
Code of the State of California.
In the event of the withdrawal of both the Placentia
Library District and the Buena Park Library District from the
System, the Administrative Council shall, or in the event that
said District's enabling legislation is significantly altered, the
Administrative Council may select another member of the System in
lieu of said District.
3. Governing Body of System.
A. Composition of Administrative Council. The
System will be governed by an Administrative Council ( "Council ")
consisting of the head librarian of each of the parties hereto.
B. Authority of Council. The Council is authorized
in accordance with Section 6508 of the Government Code in the name
of the System to do any or all of the following in furtherance of
the purposes expressed in Article 1 hereof:
(1) To make and enter into contracts;
(2) To employ agents and employees;
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(3) To acquire, construct, manage, maintain or
operate any building, works, or improvements;
(4) To acquire, hold, or dispose of property;
(5) To incur debts, liabilities or
obligations, which debts, liabilities or obligations shall
not constitute the debts, liabilities or obligations of any
of the member agencies;
(6) To solicit and receive funds from any source.
The Council shall have such further powers as are
common to the parties and are reasonable and necessary to
effectuate the purposes of this Agreement.
The Council shall have general administrative
responsibility with respect to the Cooperative Library System
provided for by the California Library Services Act, shall adopt a
System plan of service, submit annual proposals to the California
Library Services Board and otherwise comply with the provisions of
the California Library Services Act.
C. Council Meetings.
(1) The Council shall fix the time and place
for its meetings and shall hold at least one annual meeting.
(2) Except as otherwise provided by law, all
meetings of the Council shall be open to the public and shall
be called, conducted and adjourned according to the provisions
of the Ralph M. Brown Act (Government Code Sections 54950, et
se q.) as that Act may from time to time be amended or as other
acts regulating the conduct of public meetings may from time
to time provide.
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(3) The Council shall adopt by -laws or other
rules for conducting its meetings, for the establishment of
offices of the System, and for other business. Any action
taken by the Council shall be taken by a majority in
attendance provided a quorum exists. A majority of the
members of the Council shall constitute a quorum.
4. Advisory Board.
In accordance with Education Code Section 18747(b) the
System shall establish an Advisory Board consisting of as many
members as there are parties to this Agreement. The governing
body .of each member agency shall appoint one member, from among
its residents, to the Advisory Board.
Except to the extent that the law may otherwise provide,
the future existence and composition of an Advisory Board shall bey,,
determined by the Council.
5. Funding.
The System may apply for and receive such grants as may
be provided for by the laws of State of California or the federal
government. Contributions, payments, and advances may be made in
the manner provided for in Section 6504 of the Government Code,
any advances to the System to be repaid in such manner as may be
agreed upon between the Council and the advancing agency. The
parties may provide for an exchange of services in accordance with
Government Code Section 6506 under such arrangements as may be
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agreed upon between the Council and the Agency whose services are.
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to be utilized.
On or before April 1st of each year the Council shall
determine the total contribution that will be required from all
member agencies, if any, in order to function in the manner
prescribed by the Council for the forthcoming fiscal year
considering all other anticipated sources of revenue.
The Council shall determine the share of the total that
shall be contributed by each member agency according to a formula
or formulas which it determines to be .fair and equitable,
considering such factors as population, the value of services
rendered, the costs of providing services and other related
matters.
Said contribution shall be made in cash unless otherwise
provided by the Council and agreed to by the contributing agency.
Contributions shall be payable in advance on or before July 1 of
the year for which contribution is made, or alternatively in such
other manner or at such other time or times as the Council shall
determine to be appropriate.
In addition the System may borrow money and incur
indebtedness in accordance with any authority therefore provided
by the laws of the State of California to local agencies including
without limitation, Chapter 4, Part 1, Division 2, Title 5,
Sections 53600, et secl., of the Government Code.
6. Executive Director.
The Council shall appoint an Executive Director who shall
be the System's chief administrative officer. The duties of the
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Executive Director shall include but not be limited to:
a. Performing all the administrative duties and
functions requisite to the day to day operations of the System and
otherwise incumbent upon or traditionally performed by the chief
administrative officer of a cooperative library system.
b. Attending all meetings of the Council, acting
thereat in'an advisory capacity and assisting the Council in
achieving the purposes of this Agreement.
C. Acting as the System's property custodian, to
have charge of, handle, and have access to all System property in
which capacity the Executive Director shall file an official bond
in the sum of one hundred thousand dollars ($100,000) or such
other amount as may from time to time be prescribed by the Council.
d. Performing such other duties, consistent with
the purposes of this Amended Agreement, as may be prescribed by
the Council.
7. Treasurer or Depository; and Auditor
a. The council shall appoint one or more of the
officers or employees of the System as Treasurer and Auditor of
the System. In the event of the failure of the Council to act,
the System Director shall be Treasurer and Auditor of the System.
The System shall be strictly accountable of all funds and shall
report all receipts and disbursements. The Treasurer shall, among
other things, verify and report in writing to the System and to
the member agencies in the manner required by law.
The Auditor shall contract with a certified public
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accountant to make an annual audit of the accounts and records of
the system. Pursuant to unanimous request by the Council the
annual audit may be replaced by an audit covering two (2) years if
permitted by law.
The audit report prepared by the certified public
accountant shall be filed as a public record with each member
agency and also with the auditor of the County of Orange. Said
report shall be unqualified as to its accuracy.
b. The Council may from time to time change the
designation of the Treasurer or Auditor.
June 30.
8. Fiscal Year.
The System's fiscal year shall be from July 1 through
9. Joinder of New Public Agencies.
Any public agency which has the power to provide library
services may join the System upon the application of their
governing bodies and upon the consent of the Council; provided
that such agency has agreed to abide by all the terms of this
Agreement. The Council shall prescribe the amount of money, if
any, that shall be paid by any public agency as a prerequisite to
its becoming a member.
10. Term, Withdrawal and Termination of Member.
The term hereof is indefinite and this Agreement shall
remain in effect until terminated as hereafter provided.
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Any member agency may withdraw as a member but only upon
written notice delivered to the Council at least ninety days prior
to the commencement of the forthcoming fiscal year stating thereon
the date of proposed withdrawal. No party shall be entitled by
virtue of such withdrawal to receive any payment of money or share
of assets of the System except as may be agreed upon by all the
member agencies.
This Agreement shall remain in effect until cancelled by
all of the remaining parties or until the withdrawal of all member
agencies except one. In the event of termination of this
Agreement the members of the Council remaining at the date of such
termination shall continue as the governing board of the System
for the purpose of winding up its affairs and during the course of
such winding up shall exercise all powers granted by this
Agreement as may be necessary or convenient in the accomplishment ,
of its duties. when all of the affairs of the System have finally
been settled then this Agreement shall terminate and be of no
further force and effect.
11. Indemnification and Insurance.
The System shall indemnify and hold harmless each member
agency, and its officers, agents and employees, from all claims,
demands or liability arising out of, or encountered in connection
with this Agreement and the activities conducted hereunder, and
shall defend them and each of them against any claim, cause of
action, or damage resulting therefrom.
Except as provided below, the System shall secure and
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keep in effect during the term of this Agreement the following
described insurance with the minumum limits provided.
a. Workers' compensation insurance in compliance
with law.
b. Comprehensive general liability insurance, naming
each member agency as additional primary insureds without offset
against their existing insurance, with a limit of not less than
one million dollars ($1,000,000) for each occurrence.
c. Comprehensive automobile liability insurance,
including owned, hired, and non -owned automobiles, naming each
member agency as additional primary insureds without offset
against their existing insurance, with a bodily injury or death
limit of not less than one million dollars (1,000,000) for each
occurrence.
Certificates of insurance for the insurance required
under this article shall be furnished to each member agency within
30 days of the effective date of this Agreement. Each policy of
insurance shall provide for a 30 day written notice of cancell-
ation, reduction of coverage'or nonrenewal, to each member agency
by certified mail return receipt requested.
The Council shall appoint, and continue in effect during
the term of this Agreement, an insurance committee consisting of
not less than three individuals whose responsibility it shall be
to review and report to the Council annually on the adequacy of
the System's insurance coverage.
Upon a finding by two - thirds of the membrars of the
? Administrative Council that comprehensive general liability
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insurance cannot be secured at a premium which the Council in its
sole discretion deems reasonable, the obligation to secure
comprehensive general liability insurance shall be suspended until
the Council in the " exercise of reasonable diligence is able to
secure such insurance at a reasonable premium. The Administrative
Council shall not make this finding unless and until it has
received a written recommendation of the insurance committee to
this effect.
If, notwithstanding the provisions set forth above, any
member agency suffers any loss because of an injury caused by a
negligent or wrongful act or omission occurring in the performance
of this Agreement such loss shall be allocated among the member
agencies according to the following formula:
where:
L = A
B
L - the fraction such loss to be borne by the party
in question.
A = the population of the geographic area in which
the party in question is providing library ser-
vices independently of this Agreement; and
B = the population of the entire geographic area in
which the System is providing library services
pursuant to this Agreement.
Population and geographic areas served by a party shall
be deemed to include areas served by such party pursuant to
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contract with a public entity not a party to this Agreement and
shall be determined as of the commencement of the System's fiscal
year in which the debt, liability, or obligation becomes due.
Population shall be based upon the latest figures available from
the California Department of Finance or the United States Census
Bureau.
12. Disposition of Property.
In.the event of the termination of this Agreement any and
all property, funds, assets and interests therein of the System
shall become the property of and be distributed to such member
agencies as are then members of the System. Distribution shall be
made among the then member agencies in such proportion as the
Council determines fairly represents each agency's financial
contribution to the System.
13. Notice
Within 30 days after the effective date hereof notice of
this Agreement shall be filed with the office of the Secretary of
State as required by section 6503.5 of the Government Code.
Within 70 days after the effective date hereof statements shall be
filed with the Secretary of State and with the Clerk of the
County of Orange in compliance with Government Code Section 53051.
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14. Counterparts
This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original.
IN WITNESS WHEREOF the parties have executed this Agreement
on the dates set forth below their respective signatures.
DATED:
ATTEST:
Secretary
APPROVED:
County Counsel
DATED:
ATTEST:
Secretary
THE COUNTY OF ORANGE
THE PLACENTIA LIBRARY DISTRICT
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APPROVED:
District Counsel
DATED:
ATTEST:
Secretary
APPROVED:
City Attorney
DATED:
ATTEST:
City Clerk
APPROVED:
City Attorney
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THE CITY OF YORBA LINDA
THE CITY OF HUNTINGTON BEACH
1,
DATED:
ATTEST:
City Clerk
APPROVED:
ity Attorney
DATED:
ATTEST:
City Clerk
APPROVED:
City Attorney
DATED:
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THE CITY OF NEWPORT BEACH
THE CITY OF FULLERTON
THE CITY OF SANTA ANA
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ATTEST:
City Clerk
APPROVED:
City Attorney
DATED:
ATTEST:
City Clerk
APPROVED:
City Attorney
DATED•
ATTEST:
City Clerk
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THE CITY OF ANAHEIM
THE CITY OF ORANGE
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APPROVED:
City Attorney
DATED:
ATTEST:
Secretary
APPROVED:
District Counse
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BUENA PARK LIBRARY DISTRICT