HomeMy WebLinkAboutC-1218 - Amended Joint Agreement (for Newport Beach Library System)•...t
C- I.li
SANTIAGO LIBRARY SYSTEM'
AMENDED JOINT POWERS AGREEMENT
Government Code Sections 6500, et seq.
This Amended
day of 1 /��U �QpcJnQI\i
Agreement is made and entered into this
1981, 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.
WHERAS, the
WITNESSETH
Joint Exercise of Powers Act (Government Code
Sections 6500, et.-seq.) authorizes two or more
agreement to jointly exercise
parties;
public agencies by
any power common to the contracting
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 seq.) and prior
5373.1 1.
•
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
2.
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 authoritynecessary 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
3.
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,
any of the parties to this Agreement.
The System's powers shall be subject to
upon the manner of exercising such powers
Placentia Library District and Buena Park
as are
or obligations of
such restrictions
imposed upon the
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
the purposes expressed in Article 1 hereof:
(1) To make and enter into contracts;
(2) To employ agents and employees;
4.
of
(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
seq.) 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.
5.
(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 be
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
parties may provide
the
for
Government Code Section
agreed upon between the
Council and the advancing agency. The
an exchange of services in accordance with
6506 under such arrangements as maybe
Council and the Agency whose services are
6.
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 seq., 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
7.
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
8.
• •
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.
8. Fiscal Year.
The System's fiscal year shall be from July 1 through
June 30.
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.
9.
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
member agencies.
This Agreement shall remain in effect until
all of the remaining parties or until the withdrawal
agencies except one. In the event of termination of
by all the
cancelled by
of all member
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
10.
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 members of the
Administrative Council that comprehensive general liability
11.
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
12.
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.
13.
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: --litrile//fr
$// '
ATTEST:
Secretary
APPROVED:
/i,.✓t!0T/ �J,r •.��
' County Counsel
THE. COUNTY OF ORANGE
DATED: July 18, 1988 THE PLACENTIA LIBRARY DISTRICT
ATTEST: J
7hai
ecret taka te,
14.
APPROVED:
District Counsel
DATED:
ATTEST:
APPROVED:
City Attorne
DATED:
ATTEST:
,6
/;',-r.I
City Clerk
APPROVED:
City Attorney
15.
THE CITY OF YORBA LINDA
7-2
THE CITY OF HUNTINGTON BEACH
APPROVED:
District Counsel
DATED: THE CITY OP YORBA LINDA
ATTEST:
Secretary
APPROVED:
City Attorney
DATED:
ATTEST:
City Clerk
APPROVED:
Wity Attorney 4 f%-1b-8b
15.
THE CITY OF HUNTINGTON BEACH
DATED:
/ S2? THE CITY OF NEWPORT BEACH
Mayor
ATTEST:
APPROVED:
A
Att ity orney
DATED: TIIE CITY OF FULLERTON
ATTEST:
City Clerk
APPROVED:
City Attorney
DATED: THE CITY OF SANTA ANA
16..
•
DATED: THE CITY OF NEWPORT BEACH
ATTEST:
City Clerk
APPROVED:
City Attorney
DATED:
oZ4 JYJ'Y THE CITY OF FULLERTON
Mayor
ATTEST:
City Clerk
APPROVED:
i )2---
t Att rn
City y
DATED: THE CITY OF SANTA ANA
16.
DATED: THE CITY OF NEWPORT BEACH
ATTEST:
City Clerk
APPROVED:
City Attorney
DATED: THE CITY OF FULLERTON
ATTEST:
City Clerk
APPROVED:
City fltor,Dey
DATED: 77,2 -2,c/c7
16.
THE CITY OF SANTA ANA
ATTEST:
City Clerk
APPROVED:
City
y Att:3riiey
DATED:
ATTEST:
City Clerk
APPROVED:
City Attorney
DATED:
ATTEST:
City Clerk
17.
C•ty Mwage
THE CITY OF ANAHEIM
THE CITY OF ORANGE
ATTEST:
City Clerk
APPROVED:
ZF11-t.ie L- e4
L T'r C L '(
RI 44-I.A.0 of Je.e- I.tir.4
City Attorney
DATED: O(,I e 1 t- k
ATTEST:
sd._6k- S;:4(
City C1erx
APPROVED:
City Attorney
THE CITY OF ANAHEIM
DATED: THE CITY OF ORANGE
ATTEST:
City Clerk
17.
ATTEST:
City Clerk
APPROVED:
City Attorney
DATED: THE CITY OF ANAHEIM
ATTEST:
City Clerk
APPROVED:
City Attorney
DATED: Captomhar 19 19RR
ATTEST:
17.
THE CITY OF GE
r
F. PCREZ, Qlayor
APPROVED:
City Attorney
DATED: BUENA PARK LIBRARY DISTRICT
ATTEST:
Secretary,
APPROVED:
District Counsel
18.
APPROVED:
City Attorney
DATED: September 7, 1988
ATTEST:
Emily S. Levine
Secretary of the Board
18.
BUENA PARK LIBRARY DISTRICT
/ ./(4 / /'�,'.
Robert W. Flewelling
President of the Board
4
5
6
7
9
10
11
12
RESOLUTION OF THE BOARD OF SUPERVISORS OF
GSA
SEP -7 1911
ORANGE COUNTY, CALIFORNIA .. ADMINISTRATION
August 30, 1977
On motion of Supervisor Anthony,'duly seconded and carried, the
following Resolution was adopted:
M -
WHEREAS this Board has considered the proposed amendment to the
Joint Powers Agreement which created the Santiago Library System; and.
WHEREAS this Board concurs in said amendment;
NOW, THEREFORE, BE IT RESOLVED that the Chairman and the .Clerk
of this Board be and hereby are authorized to execute said amendment on
13 behalf of this Board.
14
15
16
17
18
19
20
21
22
23
24
25
26
n
1
_a .27
F
0
crfajhB
K
A copy of said amendment is attached hereto, marked as Exhibit "A"'
and made a part hereof as though fully set forth herein.
AYES: SUPERVISORS PHILIP L. ANTHONY, THOMAS F. RILEY,, LAURENCE J.
SCHMIT, RALPH A. DIEDRICH, AND RALPH B. CLARK
NOES: SUPERVISORS NONE
ABSENT: SUPERVISORS NONE
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE
I, JUG ALEXANDER, Clerk of the Board of Supervisors of Orange County, California,
hereby certify that the abnve and foregoing Resolution was duly; and.. regularly adopted by
the said Board at a regular meeting thereof held on the 3Jtic>';;clay.of,'-August
19 77 , and passed by a „nani mops vote of said Board ,
IN WITNESS WHEREOF, I have hereunto set hair d seal. this
my $: 30th .day of
zngn ct , 19 77
Resolution No. 77-1413
Amendments to Santiago Library
System's Joint Powers Agreement
cc,�.;
cu/ l
-'JUNE ALEXANDER
Clerk of'khw Board of Supexyisors of
CtrAnge, County..
AGREEMENT
WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the Government Code
of the State of California (S6500 et seq.), a Joint Powers Agreement which was
effective August 26, 1972 was entered into between the ORANGE COUNTY PUBLIC
LIBRARY, the PLACENTIA LIBRARY DISTRICT, the YORBA LINDA LIBRARY DISTRICT, the
HUNTINGTON BEACH INFORMATION AND CULTURAL RESOURCE CENTER, the NEWPORT BEACH
PUBLIC LIBRARY, the FULLERTON PUBLIC LIBRARY, the SANTA ANA PUBLIC LIBRARY, the
ANAHEIM PUBLIC LIBRARY, and the ORANGE PUBLIC LIBRARY, such Agreement being
authorized by Chapter 1.5, Division 20 of the Education Code of 1959 (beginning
with S27111); and
WHEREAS, it has been recommended that said Agreement be amended to clarify
the power of the Council of the SANTIAGO LIBRARY SYSTEM to employ personnel;
IT IS THEREFORE AGREED that said Joint Powers Agreement is to be amended
to provide as follows:
Clause 1 is amended to provide as follows:
"POWER OF SYSTEM. The SANTIAGO LIBRARY SYSTEM shall have all the
powers, prerogatives, and authority necessary to effectively plan,
operate, and administer a public library system and to establish, improve
and extend library services within the geographic boundaries of the
SYSTEM. It shall plan and determine the use to be made of any funds
received by the SYSTEM from any source and may expend such funds in
accordance with such plans and determinations. The System Council, or
such administrative officer as it may from time to time appoint, may
administer and exercise this power pursuant to the rules and regulations
as adopted in the manner set out hereafter. The System Council shall
have the power to_ employ personnel. The System Council shall have the
authority to contract with any'of the'parties to this Agreement for
provision of services to the System and the System shall have the
authority to. pay for such services."
WHEREAS, it has been recommended that said Agreement be amended to clarify
the power of the Council of the SANTIAGO LIBRARY SYSTEM to receive and disburse
funds;
IT IS THEREFORE AGREED that said Joint Powers Agreement is to be amended
to provide as follows:
Clause 6 is amended to provide as follows:
"ACCOUNTING FOR FUNDS. All funds received and disbursed by the
S
SYSTEM shall be strictly accounted for, according to accepted procedures
and practices for governmental entities. All bills shall be approved
for payment by the System's Fiscal Officer or his/her alternate before
they are submittedto the County Auditor -•Controller."
The said amendments shall be effective upon approval by the governing bodies
of all libraries which are members of the SANTIAGO LIBRARY SYSTEM.
This.,Agreement is executed by the Chairman of the Board of Supervisors,
'acting under and pursuant to Resolution No. 77-/<// 3 ;'authorizing
such execution this . Soil{ day of /9UC--US7- , 1977.
COUNTY OF ORANGE,a body corporate and
politic
By'4,r7i2.412-- • `V:
Chairman of its Board of Supervise"
A�TESF:..
Jutik Alexander
Clerk of the Board of
Supervisors of Orange
County, California
Approved .as to Form
A. Kuyper, County Counsel
Orange County, California,
1
JOINT POWERS AGREEMENT
Pursuant to Title 1, Division 7, Chapter 5 of the Government
Code of the State of California (Sections 6500 to 6513), a Joint
Powers Agreement is hereby entered into between the ORANGE COUNTY
PUBLIC LIBRARY, the PLACENTIA LIBRARY DISTRICT, the YORBA LINDA
LIBRARY DISTRICT, the HUNTINGTON BEACH PUBLIC LIBRARY, and the
NEWPORT BEACH PUBLIC LIBRARY,
RECITALS
WHEREAS, the State of California has enacted the Public
Library Services Act in order to encourage the development of
free public libraries throughout the State by grants to public
library systems for the purpose of:
(a) Assisting them in establishing, improving and
extending library services; and
(b) Encouraging the establishment of library systems
in areas where such cooperation would facilitate
improved service; and
WHEREAS, the parties to this Agreement are desirous of
establishing a cooperative regional library system to be known as
the ORANGE COUNTY COOPERATIVE LIBRARY SYSTEM for the purpose of
improving and extending library service to all residents of these
Library Districts by closer cooperation among 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;
NOW, THEREFORE, pursuant to the provisions of the California
Education Code, Division 20, Chapter 1.5, comprising Sections
27111 to 27147, the parties hereby form the ORANGE COUNTY COOPERA-
TIVE LIBRARY SYSTEM.
The obligations and conditions that hereinafter follow are
-1-
contingent upon approval by the State Librarian of the plan of
library service which has been submitted by the member libraries.
1. POWER OF SYSTEM. The ORANGE COUNTY COOPERATIVE
LIBRARY SYSTEM shall have all the powers, prerogatives, and
authority necessary to effectively plan, operate and administer
a public library system and to establish, improve and extend
library services within the geographic boundaries of the SYSTEM.
It shall plan and determine the use to be made of any funds
received by the SYSTEM from any source and may expend such funds
in accordance with such plans and determinations, The System
Council, or such administrative officer as it may from time to
time appoint, may administer and exercise this power pursuant to
the rules and regulations as adopted in the manner set out here-
after.
2. GOVERNING BODY OF SYSTEM. The ORANGE COUNTY COOPERATIVE
LIBRARY SYSTEM will be administered by a Council consisting of
the Head Librarian of each member library or such other person as
has been designated by the governing board of that library.
Governing boards or Council members may designate alternates to
sit, deliberate and act in the absence of the appointed Council
member. The Council will elect one of its members as President,
who shall hold office for a one-year term. Said term shall be
for the operating year. The President, or his designated alter-
nate, shall preside over all meetings of the Council. The Council
shall draw up rules and regulations from time to time as they deem
advisable; however, such rules and regulations shall not be valid
until they have been ratified by the governing board of each
member library. Proposed rules and regulations will be adopted by
a majority vote of the System Council as constituted at the time
and submitted to the governing boards for ratification. Every
official action taken by the System Council shall be affirmed by
a formal vote of the members of the Council. Minutes shall be
-2-
kept of its meetings. Copies of the minutes of each meeting shall
be transmitted to the governing board of each member library
within five days of the meeting. A journal shall be maintained
recording official acts taken.
3. SOURCE OF SYSTEM FUNDS. The SYSTEM shall expend for
SYSTEM purposes such monies as may be received from: (1) the
State of California pursuant to Article 6, Chapter 15, Division
20, Part 4 of the California Education Code or such other grants
or appropriations as may be made; (2) the Federal Government
pursuant to any program related to library purposes; (3) private
or public foundations, organizations, corporations, companies,
unions, or associations; (4) private individuals by gift, devise
or bequest. The SYSTEM is empowered and authorized to make any
applications and/or agreements necessary to be or become eligible
for such financial support, except that such applications or
agreements shall not impose conditions of the type prohibited by
Education Code Section 27121, or the rules and regulations pre-
viously adopted by the SYSTEM pursuant to Clause 2.
4. OWNERSHIP OF SYSTEM -PURCHASED ITEMS. Ownership of
items purchased with SYSTEM funds shall be in the SYSTEM or in
member libraries as the System Council may in each instance
determine. Such determinations shall be made at the time of
purchase.
5. OPERATING EXPENSES OF SYSTEM. The System Council may
authorize the payment of necessary SYSTEM salaries and expenses
from SYSTEM funds. The System Council may periodically authorize
the transfer of SYSTEM funds in such amounts as to them seem
advisable, to the ORANGE COUNTY PUBLIC LIBRARY to defray the
estimated cost of purchases of materials and supplies to be made
for the benefit of SYSTEM during the following period by the said
ORANGE COUNTY PUBLIC LIBRARY, acting in its role as fiscal agent
of SYSTEM.
-3-
• •
6. ACCOUNTING FOR FUNDS. All funds received and disbursed
by the SYSTEM shall be strictly accounted for, according to
accepted procedures and practices for governmental entities.
7. FISCAL AGENT. The ORANGE COUNTY PUBLIC LIBRARY will
perform the following services:
(a) Act as contracting agency with the State of
California for the receipt, disbursement and accounting of such
funds as may be allocated by the State government, Federal
government, or private sources for SYSTEM use,
(b) Issue reports of receipts and disbursements and
accounting of funds, or shall do so on demand of any member
library.
(c) Act as the contracting officer for the SYSTEM
for the ordering and requisition of books, materials and supplies
required for the effective and efficient operation of the SYSTEM.
8. ADMINISTRATION OF MEMBER LIBRARIES. The member
libraries shall administer their own public libraries independently,
selecting their own books, hiring their own personnel, and operating
according to the policies and rules established by their own
governing bodies.
9. ADDITIONAL MEMBERS. Other public libraries may apply
for membership in the ORANGE COUNTY COOPERATIVE LIBRARY SYSTEM,
provided they meet the requirements for SYSTEM membership as
established by the California State Library and by the laws of
the State of California. Applicants will be considered for SYSTEM
membership if their application is approved by a majority of the
System Council. Approved applications will be submitted to the
governing board of each member library. Membership will be granted
upon approval of the governing board of each member library.
10. WITHDRAWAL OF A MEMBER. Any member library may with-
draw from the ORANGE COUNTY COOPERATIVE LIBRARY SYSTEM by serving
formal written notice of its intent to so withdraw at least one
-4-
•
hundred and twenty (120) days prior to the end of the operating
year. The SYSTEM shall continue to exist so long as there are
two member libraries, provided that these two meet the require-
ments of SYSTEM membership. Libraries which withdraw are subject
to such rules and regulations governing withdrawal as the System
Council shall beforehand have established.
11. TERMINATION OF SYSTEM. This library system may be
terminated at any time by resolutions of the governing boards
of all of the members in this SYSTEM at the time termination is
voted. A decision to terminate shall become effective whenever
designated in the termination agreement. Upon termination, all
just claims against the SYSTEM shall be paid, distribution made to
the State and Federal governments as required by applicable law,
and the remaining assets distributed among all parties who are
then members of the SYSTEM in proportion to the population of
each member in relation to the total population in the SYSTEM.
12. FISCAL AND OPERATING YEAR. The fiscal year and the
operating year of the SYSTEM shall be the same, and shall commence
July 1st of each year.
13. AMENDMENT. Until such time as there are six or more
member libraries, this agreement may only be amended by the action
of all the respective governing bodies constituting this SYSTEM;
whenever there are six or more members constituting the SYSTEM,
this agreement may be amended by the action of two-thirds (2/3)
of the governing bodies constituting this SYSTEM.
14. EFFECTIVE DATE. The effective date of this Agreement
is April7, 1969
-5-
•
The attached Joint Powers Agreement forming the ORANGE
COUNTY COOPERATIVE LIBRARY SYSTEM is hereby executed by the
Newport Beach City Council, acting under and pursuant to
Resolution No. 6960 , dated the 7th day of April, 1969,
authorizing said execution this 7th day of April, 1969.
ATTEST:
City clerk
tair"uhr*Clahh"ClQ.
k
APPROVED AS TO FORM:
City Attorney
-6-
OR COUNTY COOPERATIVE LI
RULES AND PROCEDURES
I - MEETINGS
Meetings will be held at the Orange, County Public Library unlose-:;
• place'af meeting is otherwise set by the System Council.
Meetings will be hold at least once a month, and a schedule of
bi-weekly meetings on tho first and third Thursdays of each month,'`
will be followed until revised by a majority vote of the System,
Council.
:Any member may call for a special meeting by contacting the
President and stating the purpose.
The President will notify members of regular meetings at least
three (3) days prior to the meeting, and of special meetings•at.i
least 24 hours in advance of the agenda proposed.. If a member
cannot attend or send a representative, the President must be
notified at least one day prior to the meeting.
Minutes of each meeting will be prepared by,direotive of the .
President and sent to each member, governing board, and other
designees within five (5) days after the meeting.,;'.;;. r<,
Meetings will be held pursuant to.the.Ralph M. Brown''Aot as'setYr
•forth in the Oalifornia'Government',...:. '
II - QUORUM,
A majority of the total' voting. members ot.the'System Oounoih:wi
comprise the quorum. ..,.,,
:No meetings will be hold unless a quorum is present.,•
III - VOTING
The vote will be cast by.the librarian or such other personas has,,.
::. been• designated by the governing Board of the member libraries, or `;,.;;;,
by the representative.-aooredited to the president by said librarian.'i.;.
A simple majority of -the quorum is required to enaot any business.'i.
of the system unless otherwise, stated in the Rules and Prooedures.c,
'A two-thirds majority:vote of the membership isrequired for'
,adopting the budget andamending the Rules and Prooedures.t;;:c
•
IV - PRESIDING OFFICER
Th.eSysteril Countil will elect ono of its members proof
-. • the first regular meeting of tho oporatng (lineal) yo
Brasident's term shall be ono year, and ho shall presi
Council meetings until his successor is elooted in the
meeting in July of tho following yoar..
•
• • s
•:••,•%1..:
dont
do at aliVilf
' first
. .„
.: •
•.:,4
The -President may also appoint committees who will study ands' ;;;'7,;.'
/11
i(
report to the'System Council on apeoifio programs.
.•' •
i•••
••.‘
, ' •
V - AKENDDIENTS
. • VI -. BUDGET AND ACCOUNTING
•
! •
Act as a contracting agency with the State of
California for the receipt, disbursement'and
accounting of such funds as may be allocated
by the State government, Federal government, or
private sources for System use, pursuant to the
Joint Powers Agreement.
Issue quarterly reports of receipts and disburse
ments and accounting of funds, or shall do so on
demand of any member library.
Prepare reports required by the State of
California,, and submit these reports to the
System Council for approval.
Act as the contracting officer for the System
for ordering and requisitioning of the books,
materials and supplies required for the effi-
cient and effective operation of the System.
Wherever possible, to attain economy and effi-
ciency of operation, established procedures
internal to the ORANGE COUNTY PUBLIC LIBRARY
will be utilized."
Quarterly (semi-annually) a sum equal to the estimated expenditures
to be madethrough the procedures of the ORANGE COUNTY PUBLIC LIBRARY
will be transferred to said LIBRARY to provide. a fund for the reim-
bursement of amounts paid out of ORANGE COUNTY PUBLIC LIBRARY funds
in behalf of the System.
VII - PERSONNEL
The System Council may contract for professional services, as
required.
The System Council may from time to time employ personnel, either
permanent or in an extra help classification, to perform obligations
of'the Plan of Service, as may be decided by the System Council.. Any '
personnel hired for these duties will be processed through the Orange
County Personnel Department and will be'covered by an Orange County
Personnel item number and appropriate insurance and liability policies.
All wages and fringe benefits that will accrue under the Orange County,
Personnel Resolution .will .be paid for by the System.
VIII - PURCHASING
All purchases made by the..Orange County Cooperative Library System
will be transacted by and through the Orange County Purchasing
Department in accordance with their standard rules and procedures.'