HomeMy WebLinkAboutC-4609AMENDED JOINT POWERS AGREEMENT
CREATING AS A SEPARATE LEGAL ENTITY
THE METROPOLITAN -COOPERATIVE LIBRARY SYSTEM
This Amended Joint Powers Agreement is entered into by
and between each
of
the
public
agencies whose names appear
on
the
�£
f
signature pages
of
this
Amended
Agreement. The effective
date
of
t
.i
this Amended Agreement shall be October 1, 1983 provided that by
C
said date not less than two thirds of the said agencies have exe-
cuted this Agreement, and if not this Agreement shall be effective
January 1, 1984 provided that by said date not less than two
thirds of said agencies have executed this Agreement. In any
event any of said agencies may become members of the Metropolitan
Cooperative Library System pursuant to this Agreement provided
they have executed this Agreement by January 1, 1984. Thereafter
any public agency may join the System only with the consent of the
Administrative Council as provided in Article 13. These agencies
and other public agencies that may later become members of the
System shall hereafter be referred to as "member agencies".
This Amended Agreement is entered into in consideration
of the following matters:
A. On September 29, 1966, the Cities of Pasadena,
Monrovia, South Pasadena and Sierra Madre, and the Altadena
Library District entered into a Joint Powers Agreement, whereby
the San Gabriel Valley Library System was formed in order to
improve library services through closer cooperation and to obtain
the benefits provided by the Public Library Services Act of 1963.
B. Each of the other public agencies which is signatory
hereto did later and in accordance with the procedure established
by said Joint Powers Agreement become a part of the system
established thereby.
C. The cooperative library system established by said
Agreement has functioned in a manner which carried out the basic
objectives of the parties.
D. The parties intend hereby to continue in effect the
cooperative library system heretofore established through the pro-
cedure of creating a public entity separate from the parties to
this Amended Agreement in accordance with Article 1, Chapter 5,
Division 71 Title 1 of the California Government Code, and in
particular Section 6507 thereof.
E. All of the parties intend that this Amended Joint
Powers Agreement shall supersede the Joint Powers Agreement dated
September 29, 1966.
NOW THEREFORE, each of the parties signatory hereto does
agree as follows:
1. Purpose
The purpose of this Amended Joint Powers Agreement is
to provide for the exercise of the common power of each of the
agencies hereto to provide public library services. This common
power shall be exercised in a manner consistent with and in
furtherance of the objectives of the California Library Services
Act (Education Code, §§ 18,700 et seq., hereinafter "Library
2.
Services Act") and in such manner that the entity created hereby
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 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 public entity
created hereby. The system shall possess all the powers, preroga-
tives and authority necessary to plan, operate and administer a
cooperative library system, and those powers necessary to
establish, improve and extend library services.
Nothing contained herein shall be deemed to limit the
right of member agencies to administer, manage, direct and
control their own public libraries and library resources indepen-
dently, select their own books and other library materials, hire
their own personnel, and operate according to the policies and
rules established by their own governing bodies, Boards of
Trustees, or City Managers.
2. Creation of the Metropolitan Library System as a
Separate Public Entity
Pursuant to the provisions of Section 6507 of the
California Government Code the Metropolitan Cooperative Library
System (heretofore and hereinafter "System") is hereby established
as a public entity separate from the parties to this Amended
Agreement.
3. Administrative Council as Governing Body; Appointment
of Director, Custodian
3.
a. Composition of Administrative Council
The Council created by the Joint Powers Agreement of
September 29, 1966 is continued in effect as the Administrative
Council and shall henceforth be charged with the responsibility of
administering and executing this Amended Agreement. The Adminis-
trative Council (heretofore and hereinafter "Council") shall con-
tinue to consist of the head librarians of each member agency.
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 purpose expressed in
Article 1 hereof:
(1) To make and enter into contracts;
(2) To employ agents and employees;
(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 and obligations shall not constitute
the debts, liabilities and obligations of any of the member
agencies;
(6) To solicit and receive funds from any source;
(7) The Council shall have such further powers as
are common to the parties hereto and are reasonable and
necessary to effectuate the purpose of this Amended
Agreement.
The Council shall have general administrative respon-
4.
sibility with respect to the cooperative library system provided
for by the Library Services Act, shall adopt a system plan of ser-
vice, submit annual proposals to the California Library Services
Board and otherwise comply with the provisions of the 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) 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.
(3) The Council shall elect one of its members
Chairperson and he or she shall preside at the meetings. The
term of office shall be one year or such other period as the
Council may from time to time prescribe. The Council shall
adopt by-laws or other rules for conducting its meetings, for
the establishment of other 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.
d. Director - Custodian of Property
The Council shall appoint a Director under whose direc-
tion and control the library system provided for hereby shall be
5.
carried out and who shall have such further duties as the Council
may prescribe. The Director shall have charge of, handle and have
access to any property of the System and 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.
4. Advisory Board
The Advisory Board heretofore established by the parties
to the Agreement of September 29, 1966 shall continue in effect,
the membership, term and duties thereof to be determined in accor-
dance with the Library Services Act.
5. Manner of Exercising Power
The manner of exercising the common power provided for
- herein shall be subject to the restrictions upon the manner of
exercising such power of the Altadena and Palos Verdes Library
Districts, 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 Altadena and
the Palos Verdes Library Districts from the System the Council
shall, or in the event that said Districts' enabling legislation
is significantly altered, the Council may select another member
of the System in lieu of said Districts, provided that two-thirds
of the remaining members of the System have consented thereto.
Such consent shall be presumed in the event that any member has
failed to object within thirty days of its receipt of written
notice of the Council's proposed designation.
6. Implementation of Cooperative Library System
6.
a. The parties to this Amended Agreement shall be deemed
members of the System.
b. Member agencies will permit any resident borrower in
good standing in one member library to borrow library materials
circulated by any other member library according to its rules,
without discrimination because of the borrower's place of resi-
dence and without payment of a nonresident fee. Material so
borrowed from one member library may be returned to another member
library without penalty.
c. Member libraries agree to lend circulating books and
other materials according to their own rules, on interlibrary loan
to other member libraries.
d. The Council shall establish and thereafter maintain
a System administrative headquarters.
e. The Council shall establish and thereafter maintain
one or more reference and information centers where questions
which cannot be answered by member libraries or branches thereof
will be referred.
f. Member agencies may coordinate purchases in order to
obtain improved discounts from vendors, compile union lists or
catalogs of the holdings of member agencies, or initiate and carry
out other cooperative projects of benefit to member agencies.
7. Funding
Those assets identified in Exhibit "A" hereto have been
acquired by the agencies signatory hereto pursuant to the
Joint Powers Agreement of September 29, 1966 and are hereby trans-
7.
ferred to the System subject to such liens and encumbrances as may
presently exist with respect thereto.
The System may apply for and receive such grants as may
be provided for by the laws of the 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 made 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 arrange-
ment as may be agreed upon between the Council and the agency
whose services are to be utilized.
On or before December 1st of each year the Council shall
determine the total contribution that will be required from all
member agencies in order to function in the manner prescribed by
the Council for the forthcoming fiscal year considering all other
anticipated sources of income.
The Council shall determine the share of the total that
shall be contributed by each member agency according to a formula
which it determines to be fair and equitable. This determination
may be based on an equal allocation and/or such factors as popula-
tion, level of service provided or received, size of materials
budget, level of outside grant money received, and other related
matters.
Said contribution shall be made in cash unless otherwise
provided by the Council and agreed to by the contributing agency.
Upon written receipt of such notification each member agency shall
8.
promptly but in no event later than September 1st next, either:
(1) Transmit to the Council its share of the total
contribution as determined by the Council;
(2) Advise the Council of its election to withdraw
from the System.
If any member fails to contribute or give notice as pro-
vided above it shall be deemed to have withdrawn from the System
effective September 1st.
In addition the System may borrow money and incur indeb-
tedness 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 of
the Government Code.
8. Treasurer or Depository; and Auditor
a. The Treasurer of the System shall be the Director,
who shall have custody of all the money of the System from
whatever source.
b. The Council shall appoint one of the officers or
employees of the System as Auditor of the System. In the event of
the failure of the Council to act, the Director shall be Auditor
of the System. The System shall be strictly accountable of all
funds and shall report all receipts and disbursements. The
Auditor shall contract with a certified public accountant to make
an annual audit of the accounts and records of the System.
The audit report prepared by the certified public accoun-
tant shall be filed as a public record with each member agency
and also with the Auditor of the County of Los Angeles. Said
9.
report shall be unqualified as to its accuracy.
C. The Council may from time to time change the designa-
tion of the Treasurer or Auditor.
9. Fiscal Year
The System fiscal year shall be from July 1st through
June 30th.
10. Term, Withdrawal, and Termination of Agreement
The term hereof is indefinite and this Amended Joint
Powers Agreement shall remain in effect until terminated as'
hereafter provided.
Any member agency may withdraw as a member but only upon
written notice delivered to the Council at least ninety (90) days
prior to the commencement of the forth coming 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 of the member agencies.
This Amended Joint Powers Agreement shall remain in
effect until cancelled by all of the remaining parties or until
the withdrawal of all parties except one. In the event of ter-
mination of this Amended 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 Amended Agreement as may be necessary
or covenient in the accomplishment of its duties. When all
affairs of the System have finally been settled then this Joint
10.
Powers Agreement shall terminate and be of no further force or
effect.
11. Indemnification and Insurance
The System shall indemnify and hold harmless each member
agency, its officers, agents and employees, from all claims,
demands or liability arising out of, or encountered in connection
with, this Amended Agreement and the activities conducted
hereunder, and shall defend them and each of them against any
claim, cause of action, or damage resulting therefrom.
The System shall secure and keep in effect during the term
of this Amended Agreement the following described insurance with
the minimum limits provided.
with law.
a. Workers' compensation insurance in compliance
b. Comprehensive general liability insurance naming
each member agency as additional insureds with a limit of not less
than ten million dollars ($10,000,000) for each occurrence.
c. Comprehensive automobile liability insurance,
including owned, hired, and non -owned automobiles, naming each
member agency as additional insureds with a bodily injury or death
limit of ten million ($10,000,000) per occurrence combined single
limit.
Certificates of insurance for the insurance required
under this article shall be furnished to each agency signatory
hereto within 30 days of the effective date of this Amended
Agreement. Each policy of insurance shall provide for a 30 day
written notice of cancellation, reduction of coverage or nonre-
11.
newal, 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.
12. Disposition of Property
In the event of the termination of this Amended
Agreement any and all property, funds, assets and interests
therein of the System shall become the property of and be distri-
buted to such member agencies as are then members of the System
in the same proportion as they have contributed to the total funds
contributed to the System.
13. 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
Amended Joint Powers Agreement. The Council shall prescribe the
amount of money, if any, that shall be paid by the new public
agency as a prerequisite to its becoming a member.
14. Notice
Within 30 days after the effective date hereof notice of
this Amended 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
12.
shall be filed with the Secretary of State and with the Clerk of
the County of Los Angeles in compliance with Government Code
Section 53051.
IN WITNESS WHEREOF the parties have executed this Amended
Agremeent on the dates set forth below their respective signa-
tures.
ATTEST:
City Clerk
APPROVED:
X � (--z, 6� u
City Attorney
ATTEST:
APPROVED:
County C unsel
By
CITY OF ALHAMBRA
1a-
(Date)
, 1983
ALTADENA LIBRARY DISTRICT
5"/J f -� a , 1983
(Date)
13.
ATTEST:
r
City Clerk
APPROVED:
r7;.e-4cx,L H Nc�
City Attorney
ATTEST:
City Clerk
APPROVED:
ATTEST:
APPROVED:
&//& 0.- /t4/,z"
City Attorney
By
By
&44. 4 � / 7 , 1983
(Da )
CITY OF AZUSA
OIU16A 0
, 1983
(.a )
CITY OF BEVERLY HILLS
4.4"e _ A/ , 1983
(Date)
14.
ATTEST:
CITY OF BURBANK
B
� y
City C rk
FFICIAL SEAL'
APPROVED:
as I I;aa
City Attorney
ATTEST:
City Clerk
APPROVED:
1-TWAttorney
ATTEST:
gity Clerk
APPROVED:
City Attorney
B
S 1- , 1983
(Da e)
n-rmv AID t-Vn0TMnC
0l.01QQ-f 5 , 1983
(Date)
CITY OF COMMERCE
By
Z11- 1983
ate '
15.
ATTEST:
By
APPROVED:
%_ /,Ou __ ,�•►�
ATTEST:
By
APPROVED:
rm 9-- j 4.0m, a, E
CITY OF COVINA
, 1983
(4a)
ax. 1983
(Date)
ZCITY OF EL GUNDO
.t�, By ,5 l
City Clerk
APPROVED:
---fir
ity Attorney
X / �7
1983
(Date)
16.
ATTEST:
� MyC 1 e r Wk'"—
APPROVED:
ATTEST:
Clerk (A0
APPROVED:
6&- — C-f Q d ,— S�!� 41
City Attorney
ATTEST:
City Clerk
APPROVED: Z4 ;
•
City Attorney
CITY OF GLENDALE
CITY OF GLENDORA
A,t-,� ✓ 3 , 1983
(D e)
CITY OF LONG BEA
Bye?l, --7
y Z 1983
(Date)
17.
ATTEST:
City Clerk r
APPROVED:
ENA City Atto ey 1/_2 A3
ATTEST:
City Clerk
APPROVED:
v 1 0
5,,?v4pmwwA v
ty Attor�
ATTEST:
City Clerk /
i
APPROVED:
City Attorney
CITY OF LOS ANGELES
By
//-Z -1983
(Date)
CITY OF MONROVIA
By il "z Cal i /�i;/ 4
- 1--;z , 1983
('Date)
CITY OF MONTEREY PARR
3 , 1983
(Date)
18.
ATTEST:
Clerk
APPROVED:
c,t LA A. A 1. a2�� - -
ounty C6unsel 11
ATTEST:
City Clerk
APPROVED:
city Attorney
ATTEST:
,CITY LERK
APPROVED:
PALOS VERDES LIBRARY DISTRICT
By2Z�� -I/-
c bzc- ;L- 7 , 1983
(Date)
CITY OF PASADENA
2-1 , 1983
(Date)
CITY OF POMONA
r c - / e , 1983
(Date)
0
ATTEST:
Cit C ei
APPROVED:
C kty Attorney
ATTEST:
-(�� I
ity Clerk
D,F uTY
APPROVED:
ATTEST:
i
APPROVED:
-) - V"- cc, 6 �
City Attorney
CITY OF REDONDO BEACH
By
I
F.. , 1983
(Date) J
C f T '� OF SAN
L �� , 1983
D e)
CITY OF SANTA FE SPRINGS
By
-7- 78 , 1983
(Date)
20.
ATTEST:
c '
t 7/Z /, �c
City Clerk
APPROVED:
City Attorney
ATTEST:
City Clerk
APPROVED:
ATTEST:
me
City Clerk
APPROVED:
CITY OF SANTA MONICA
By.1--
v
16 , 1983
(Date)
CITY OF SIERRA MADRE
B ✓%L _Ji�� .
Y
By
1983
atOl
CITY OF SOUTH_PASADENA
(Date
, 1983
21.
ATTEST:
City Clerk
APPROVED:
City Attorney
ATTEST:
City Clerk
APPROVED:
VA
A.- W�
City Attorney
By
CITY OF TORRANCE
azje,�� , 1983
(Date)
CITY OF WHITTIER
By Lr-
ettow/"*-�
X-2, 1983
(Date)
22.
MCLS ASSETS
The following is a list of tangible assets that MCLS currently holds. All items
listed are recorded at their historical cost. No depreciation is considered on
anv items. This is in accord with the modified accrual method.
(2)
work tables @$110 ea .......................................$
.220
(3)
three drawer filing cabinets @ $114 ea .....................$
342
(3)
IBM correcting typewriters @ $958 ea.......................$2,874
(4)
secretarial swivel chairs @ $69 ea .........................$
276
(1)
short storage cabinet ......................................$
229
(1)
Casio calculator ...........................................$
106
(2)
IBM non correcting typewriters @ $774 ea...................$1,548
(1)
Art Steel four drawer locking file cabinet .................$
159
(1)
wood typewriter stand ......................................$
74
(1)
foot stool .................................................$
56
(1)
Lanier Dictating set( 2 units) .............................$
799
(2)
Canon calculators @ $88 ea .................................$
176
(2)
three shelve wood bookcases @ $174 ea ......................$
348
(5)
armless chairs @ $45 ea ....................................$
225
(1)
Olympia manual typewriter ..................................$
180
(3)
metal typewriter stands @ $92 ea ...........................$
276
(1)
two drawer locking filing cabinet ..........................$
89
(1)
microfiche reader ..........................................$
252
(1)
Hayes micromodem...........................................$
379
(1)
NEC Letter Quality Printer.................................$2,812
(2)
3-M Whisper Writers @ $922 ea..............................$1,844
(1)
3-M Whisper Writer case and modem ..........................$
88
(1)
Apple II Plus Computer, CRT & two disk drives package ......
$3,156
(2)
computer tables @ $189 ea ..................................$
378
(1)
OCLC terminal..............................................$1,950
(1)
Texas Instrument Printer...................................$1,857
(2t
Panasonic Phone Answering Devices @ $189 ea ................$
378
(2)
four drawer filing cabinets @ $136 ea ......................$
272
(1)
letter size filing cabinet four drawer .....................$
120
(1)
tall storage cabinet .......................................$
210
(1)
large bookcase and drawers .................................$
450
(2)
manual typewriters -Royal 440 @ $237 ea ........ ............$
474
(1)
Bell & Howell Overhead Projector ...........................$
266
(1)
T switch ...................................................$
334
(1)
Black Box ..................................................$
200
(1)
Multitech Modem ............................................$
768
(2)
Fans @ $47 ea ..............................................$
94
(3)
Lamps @ $75 ea .............................................$
225
(2)
1982 Ford vans(econoline) @ $10,069 ea....................$20,138
(2)
Aztec 5 drawer desks @$220 ea ..............................$
440
(4)
Aztec 3 drawer desks @$102 ea ..............................$
408
(2)
Desks with attached typing tables @ $133 ea ................$
266
(2)
Swivel arm chairs @ $67 ea .................................$
134
(2)
Swivel deluxe arm chairs @ $78 ea ..........................$
156
(2)
Side chairs @ $54 ea .......................................$
108
(1)
Burrough's Adding Machine ..................................$
229
EXHIBIT A