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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.'