HomeMy WebLinkAboutResolution No. 5054RESOLUTION NO. 5054
RESOLUTION OF APPRECIATION TO
JOHN PAYSSE
WHEREAS, on the 13th day of October, 1975, JOHN A. PAYSSE
retired from the service of the City of San Rafael; and
WHEREAS, this very competent and talented mechanic's presence
will be sorely missed in the General Services Department, as he has
unfailingly performed his duties cheerfully with the utmost competence
and diligence; and
WHEREAS, JOHN PAYSSE's knowledge and skill in the field of
auto mechanics was often demonstrated over the past five years, leaving no doubt
as to his ability to maintain the City's automotive and heavy equipment in top
running shape;
NOW, THEREFORE, BE IT RESOLVED that the City Council expresses
sincere appreciation to JOHN A. PAYSSE for a job well done and extends to this
employee best wishes for a long, healthy and happy retirement.
I, MARION A. GRADY, City Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and regularly intro-
duced and adopted at a regular meeting of the City Council of said City held
on Monday, October 20, 1975, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
MARION A. GRADY, City Clerk
RENEE BURDISSO - Dep ty City Clerk
A G R E E M E N T
REQUEST TO JOIN THE NORTH BAY
COOPERATIVE LIBRARY SYSTEM
AGREEMENT executed the /�Aday of Novem bo- , 19;7S, between the North
Bay Cooperat i ve L i brary Sys tem, a pub 1 i c agency, and the S4'K )e04e / %`ilbl "C -
L"breyrJ hereinafter referred to as Applicant;
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WHEREAS, the North Bay Cooperative Library System is a public agency, estab-
lished under Article I, Chapter 5, Division 7, Title I of the Government Code of
the State of California, for the joint exercise of power to provide certain
library services, and
WHEREAS, Applicant desires to join the North Bay Cooperative Library System,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1). The Applicant requests permission to join -the North Bay Cooperative
Library System and agrees to abide by the terms of that certain agreement
executed by the public agencies presently composing the North Bay Cooperative
Library System, a copy of said agreement marked Exhibit "A" being attached to
and made a part of this agreement.
2). The North Bay Cooperative Library System by a majority vote of all
the members of the Board of Directors of said Library System does hereby consent
to the admission of Applicant to the North Bay Cooperative Library System,
subject to compliance with such conditions as may be determined by the Board
of Directors.
IN WITNESS WHEREOF, the public agencies have caused their names to be
affixed hereto by the proper officials thereof, as authorized by resolution
of each governing body.
AGREEMENT executed this 14th day of November 1975
Attest:
By: -a3-75
C. PAUL BETTINI, Mayo
MARION A. GRADY, City Clerk
By
RENEE BURDISSO - eputy City Clerk
hairman
North Bay Cooperative Library System
-,71-10 -9-1
NORTH BAY COOPERATIVE LIBRARY SYSTEM
SUPPLEMENT TO AGREEMENT OF 1960 ENTITLED
"IN RE NORTH BAY COOPERATIVE LIBRARY SYSTEM"
CONTAINING
A FURTHER AGREEMENT FOR JOINT EXERCISE OF THE POWERS
OF THE CONTRACTING PARTIES
AND
THE ESTABLISHMENT OF THE NORTH BAY COOPERATIVE LIBRARY SYSTEM
AS A SEPARATE AGcNCY FOR THE EXERCISE
OF SUCH POWERS
EFFECTIVE 13th Day of May, 1964
The Undersigned public agencies declare:
1. That they are all of the parties who remain parties signatory to
the written agreement of 1960, entitled "In Re North Bzy Cooperative Library
System", including parties who have joined the North Bay Cooperative Library
System by agreement and consent under paragraph VIj of the said agreement.
2. That the North Bay Cooperative Library System established under
the said agreement of 1960, has operated successfully and has proven its
advantage to the parties in the manner stated in the said agreement; and that the
system should now be established as a separate and permanent agency, to
exercise powers common to the parties, in the manner provided in this instru-
ment and as authorized by Article 1, Chapter 5, Division 7, Title 1, of the
Government Code of California
3. That each party to this instrument is a public agency, cperates a
public library, or operates a demonstration library under federal or state law,
and is authorized to enter into this agreement.
4. That the parties intend that the public agency created by this instru-
ment shall be eligible to receive monies under the Federal Library Services
Act, Public Law 597 of the Second Session of the 84th Congress, as amended,
and as the same may be amended from time to time, and that this instrument
shall be so understood and interpreted.
5. That the parties intend that the public agency created by this instru-
ment shall be eligible to receive monies under Chapter 1.5 of Division 20 of
the Education Code of California, as enacted by Chapter 1802 of the statutes of
the Regular Session of 1963, and as the same may be amended from time to
time, and that this instrument shall be so understood and interpreted.
6. That the public agency created by this instrument is a "public
agency" within the meaning of Section 27113 of the Education Code of Calif-
ornia, and is a tax -supported free public library system under the sponsor-
ship of state and local government; thattbe parties intend that the said agency
shall be conducted and operated as an educational institution within the meaning
of federal and state law, and that this agreement shall be so understood and
interpreted, and further that the said agency shall be operated and conducted
in such manner as to be and remain eligible for the 'benefits of the Federal
Property and Administrative Services Act of 1949, as amended, and as the same
may be amended from time to time, and of other federal and state legislation
of similar import.
Now, therefore, the undersigned parties agree as follows:
I.
EFFECTIVE DATE
The date of the execution of each signature to this instrument shall be
affixed opposite the signature of the executing officer, and the last date�so
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appearing is the effective date of this instrument. The effective date shall
be inserted on the title page, preceeding.
PURPOSE OF THIS INSTRUMENT
This instrument supplements the written agreement of 1960, mentioned
in the preceeding declaration:, and insofar as any provisions of this present
instrument shall conflict with or be inconsistent with the provisions of the
former agreement, this present instrument shall control. and prevail.. This
instrument is a mutual agreement amon3 and between the parti-as, made in
consideration of the mutual benefits of the operation of the North Bay Coopera-
tive Library System, and the mutual benefits to the parties in the joint exercise
of their common powers to establish, maintain and operate library services
under the sponsorship and support of local government and the instrumentalities
of government. By this instrument the parties have established the North Bay
Cooperative Library System as a separate public -agency, separate from the
parties to this instrument, for the purpose of operating the library system known
as the North Bay Cooperative Library System in the territorial jurisdiction
of all the parties, as more fully set forth in the following paragraphs.
ESTABLISHMENT OF THE SYSTEM AS
A SEPARATE PUBLIC AGENCY
The North Bay Cooperative Library System is hereby established a
separate public agency, under the meaning of Sections 6506 and 6507 of the
Government Code, with its powers and duties vested in the Council established
under paragraph IV of the agreement of 1960, which Council is continued in
existence and is now designated as the board of directors of the agency.
For all legal purposes the Council shall be called The Board of Directors
of the North Bay Cooperative Library System, but for sake of convenience may
be called the Council. The Council is authorized in its own name, as provided
in Section 6508 of the Government Code, to do any or all of. --he fol:owing:
a) to make and enter contracts.
b) to employ agents and employees.
c) to acquire, construct, manage, maintain or operate any buildings,
works or improvements.
d) to acquire, hold or dispose of property.
e) to incur debts, liabilities or obligations which do not constitute the
debt, liability or obligations of any of the parties to this instrument.
f) to sue and be sued.
[iJ
COMMON POWERS TO BE EXERCISED.
The common powers to be exercised pursuant to this instrument are
the powers of each party to provide public library services, and the common
powers shall be exercised so as to establish, aid, assist, extend, improve
and enlarge public library services of every kind and description in the ter-
ritorial jurisdictions of all of the parties. By vesting the said common powers
in the agency the parties intend also to vest, and do vest, in the agency all
powers and rights to do everything conven;ent or necessary to aid in the
exercise of the common powers, or fairly implied by vesting of the common
powers, to the fullest extent authorized by law. The agency is authorized to
exercise any power allowed to it by any applicable law.
V.
METHOD FOR ACCOMPLISHMENT OF PURPOSES -
MANNER IN WHICH POWERS TO BE EXERCISED
Each party to this inst-rument shall select a representative to serve
on the Council, which is the board of directors of the system, and the Council
shall consist of all of the representatives so selected. Each party shall
determine its own method of selection and the term of office of its represen-
tative.
The Council shall meet at such times and places as it shall determine,
shall by majority vote adopt by-laws or other rules for the appointment of its
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officers and the conduct of its business, shall acquire such property and engage
such employees, agents and consultants as it shall determine necessary to
carry out the purposes of this instrument, within the limitations of its financial
and other resources, and within the limits of its authorizations in law.
The Council shall adopt in writing such personnel policies, fiscal
policies, and other policies as it finds necessary for the conduct of its business.
The Council shall meet, deliberate and act sufficiently enough to carry
out the expressed and fairly implied intents and purposes of this instrument,
and without intent to limit the generality of the foregoing provisions of this
paragraph, the Council is expressly directed to do all of the following:
a) Adopt and amend from time to time a Plan of Service to comply
with Section 27126 of the Education Code and rules and regulations
adopted under Chapter 1.5 of Division 20 of the Education Code.
b) Provide the parties to this instrument with material aid and to
provide directly when occasion requires, basic library services,
all involving but not limited to book and periodical resources, and
including but not limited to the following basic elements:
1) The selection and acquisition of library materials in a consoli-
dated or coordinated manner.
2) The organization of library materials for use, including cata-
loging, classification and physical preparation, in a consolidated
or in a coordinated manner.
3) The lending of library materials for home use, with the return
of such materials unrestricted as to service outlet.
4) Reference and research, including assistance to users by library
staff, consolidated or coordinated where necessary to provide
the maximum utilization of the total resources of all participating
libraries.
5) The inter -availability of materials and information among all
service outlets in the system on the same basis for all library
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users, including a method by which each party to this instrument
may ascertain the specific library holdings of the other parties.
6) The accomplishment of such library projects as the Council shall
determine to be in the best interest of the parties to this instrument.
VI.
OBLIGATIONS OF THE CONTRACTING PARTIES
Each party to this instrument agrees that it will do all of the following:
a) Develop and adopt a written statement of objectives for its library if
such statement does not yet exist.
b) Develop and adopt a written statement of book selection policies for its
library if such does not yet exist.
c) Prepare and adopt for its library a position classification plan, a pay
plan with a scale for each class of position, a chart of administrative
organization, and an estimated program of major work projects to
be accomplished, if these items do not yet exist.
d) Be represented by its librarian or a member of its library staff at
all or most of workshops and similar meetings undertaken by the
cooperative library system herein described,
VII.
CONTRIBUTIONS AND PAYMENTS
Contributions and payments will be made for purposes of this instrument in
the manner provided in Section 6504 of the Government Code, and services may
be exchanged in the manner provided in Section 6506 of the said Code. Such
contributions and payments shall be recommended by the Council from time to
time, and reviewed and approved by the legislative bodies and governing boards
of the respective parties. Annual budgets for the system shall be reviewed by
the said legislative bodies and governing boards.
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VIII.
ACCOUNTABILITY OF FUNDS
The Council shall account for all funds received and disbursed by it,
no matter from what source or for what purpose, doing so in accordance
with standard accounting practices and in a manner of accounting generally
acceptable to agencies of local government, engaging for such purpose personnel
qualified to maintain the necessary books of account at all times in a current
condition. Such books of account shall be open at all times during normal
business hours to the inspection of any authorized representative of any
party to this instrument, to the authorized representative of the State Librarian,
and the authorized representative of any official of a government agency that
grants or disburses funds to the Council for the purposes of this instrument.
The Council shall adopt a fiscal year period for the purposes of such accounting,
and at least once each fiscal year shall engage an independent and qualified
accountant or accountants to audit the books of account, and to prepare from
such books a statement of assets and liabilities, a statement of receipts and
disbursements, and such other statements and reports as the Council shall
determine to be necessary or convenient for the dissemination of accounting
reports to each party to this instrument, and the Council shall distribute
such reports to the parties.
ix.
TERMINATION OF AGREEMENT
Any party to this instrument may withdraw as a party upon written
notice to the Council delivered at lea=t thirty days in advance of the date on
which it wishes to withdraw. No party shall be entitled by virtue of such
withdrawal to receive any payment of money or share of the assets of the agency
established by this instrument; except as may be provided by any separate
written instrument which has been executed as an agreement between the
Council and that party with regard to contributions, payments, or services by
that party to the Council. This instrument shall remain in effect as an agree-
ment among the parties until cancelled by all of the remaining parties, or until
at
the withdrawal of all except one party. In the event of cancellation of this
instrument the members of the Council remaining at the date of such cancella-
tion shall continue as the governing board of the agency for the purpose of
winding up its affairs, and during the course of such winding up shall exercise
all powers granted by this instrument, as may be necessary or convenient in
the accomplishment of its duties. When all agency affairs have been finally
settled, following cancellations, then this instrument shall terminate and
shall be of no further force or effect.
It is understood by all parties that Mendocino County enters this agree-
ment with a demonstration library, and is not assured at the date of this
agreement that the said library will be continued in existence. In the event of
dissolution of the Mendocino County library demonstration, all of the parties
agree that Mendocino County may withdraw from this agreement without notice
and without further obligation in which case this agreement shall be terminated
as to Mendocino County.
In the event of dissolution of the system, either by consent of all
parties, or by withdrawal of the last remaining parties, it is agreed that in
connection with the winding up of affairs all assets of the system will be
converted to cash, or to forms of property converted for division and distri-
bution, and following the payment of all just claims against the system, shall
be distributed as follows:
a) To the Federal and State governments if any applicable law requires
the distribution of assets to these governments.
b) Any remaining balance will be used to pay each member which
has ever belonged to the system the amount of its dues and contri-
butions, and if the balance is not sufficient, such payments shall be
made on a pro rata basis.
c) Any balance yet remaining shall be distributed among the parties
which have belonged to the system on a pro rata basis of one point
to each member for each full year of membership.
It is mutually agreed that any member of the system which terminates its
membership, for any reason, shall have a priority of right for one year after
termination of its membership to contract to receive the services of the system
by separate agreement between the system and the withdrawn member, to the
extent which may be allowed by Federal and State regulations. It is the intention
of the parties that the system shall stand ready to negotiate contracts for such
services, and that the length of the term shall be limited only by the mutual
agreement of the parties, acting within the scope of applicable federal and state
regulations.
X.
If any party to this agreement is held liable upon any judgment for damages
caused by a negligent or wrongful act or omission occuring in the performance of
the agreement and pays in excess of its pro rata share in satisfaction of such judg-
ment, such party is entitled to contribution from each of the other parties to this
agreement, in accordance with Section 895.6 of the Government Code of California.
XI.
a) It is the intention of the parties that the system will procure profes-
sional and technical services by contract with other public agencies
which are parties to this agreement, in those cases in which it is
feasible to do so. The parties contemplate, at the time this agreement
is executed, that the system will procure legal, accounting, and other
services as the system may determine necessary, by contract with the
City of Santa Rosa.
b) The system will appoint a chief administrative officer or coordinator,
who, among other duties, will have charge of the hiring, supervision,
and discharge of personnel, under the personnel policies adopted by the
Council. The Council will adopt a salary plan which follows generally
the City of Santa Rosa professional salary scale, for professional emp-
loyees, and the County of Sonoma salary scale, for clerical employees.
c) It is the intention of the parties that the system will procure inde-
pendent quarters for the headquarters of its operation, and that until
such quarters are procured, the County of Sonoma will continue to operate
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the system's processing center, and the County of Solano will continue
to operate the system's film circuit.
d) The system will either join the State Empioyees Retirement System,
by contract, or will secure retirement coverage through members of the
system, whichever method appears to be in the best interest of the system
and its employees.
e) The system will secure and keep in force adequate liability and Work-
men's Compensation Insurance coverage for itself, either by its own
policies or by coverage through members of the system, whichever
appears for the best interest of the system and its employees. The
system will furnish upon request of any party to this agreement certi-
ficates evidencing such insurance.
XII.
ADDITIONAL PARTIES
Any public agency or instrumentality of government which possesses the legal
capacity and the common powers of the parties to this instrument may join the North
Bay Cooperative Library System and become a party to this instrument by subscrib-
ing and delivering to the Council a written agreement, provided that the Council
consents and accepts such agreement by a majority vote of all of its members, and
further provided that the Council may establish reasonable conditions under which
any new party shall be admitted.
IN WITNESS WHEREOF, the public agencies named below have caused their
execution of this instrument to be affixed hereto by their proper officers, duly
authorized by the legislative or governing body of each such agency.
CITY OF LAKEPORT
NAPA CITY -COUNTY LIBRARY
COUNTY OF MARIN
COUNTY OF MENDOCINO
CITY OF MILL VALLEY
CITY OF PETALUMA
CITY OF ST. HELENA
CITY OF SANTA ROSA
CITY OF SAUSALITO
CITY OF SEBASTOPOL
COUNTY OF SOLANO
CITY OF SONOMA
COUNTY OF SONOMA
CITY OF UKIAH
VACAVILLE UNION HIGH SCHOOL LIBRARY
DISTRICT OF SOLANO COUNTY
CITY OF VALLEJO