HomeMy WebLinkAboutReso 126-1985 RESOLUTION NO. 126-85
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION
OF AMENDMENT TO THE JOINT POWERS AGREEMENT OF
THE PENINSULA LIBRARY SYSTEM
BE IT RESOLVED by the City Council of the City of South San Francisco that:
1. Approval of Amendment.
The Amendment entitled "Amendment to the Joint Powers Agreement of the
Peninsula Library System" among the cities of Burlingame, Daly City, Menlo Park,
Redwood City, San Bruno San Mateo, South San Francisco and the County of San
Mateo is hereby approved, and a copy of said Amendment is attached hereto as
Exhibit "1."
2. Execution of Amendment.
The City Manager is hereby authorized to execute said Amendment on behalf
of the City, and the City Clerk attest his signature thereto.
I hereby certify that the foregoing Resolution was regularly introduced and
adopted by the City Council of the City of South San Francisco at a regular
meeting held on the 26th day of June , 1985, by the following
vote:
AYES:
NOES:
ABSENT:
Councilmembers Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos;
and Roberta Cerri Teglia
None
Councilmember RiOhard A. Haffey
ATTEST: ~City C e~rrk~l
EXHIBIT "1" TO RESOLUTION NO. 126-85
AMENDMENT TO TIlE JOINT POWERS AGREEMENT OF TIlE
PENINSULA LIBRARY SYSTEM
THIS AMENDMENT to the joint powers agreement of the PENINSULA LIBRARY
SYSTEM (hereinafter called PLS) made and entered into this 26.t~ay of dune
1985, in the County of San Mateo, by and between the undersigned signatories hereto.
W I T N E S S E T H
WHEREAS, the cities of BURLINGAME, DALY CITY, MENLO PARK, REDWOOD
CITY, SAN BRUNO, SAN MATEO, SOUTH SAN FRANCISCO and the COUNTY OF SAN
MATEO have previously entered into a joint powers agreement for an entity known as
PLS; and,
WHEREAS, the parties have entered into a second joint powers agreement providing
for a SHARED AUTOMAT~ED CIRCULATION SYSTEM, also known as the PENINSULA
LIBRARIES AUTOMATED NETWORK (hereinafter called PLAN); and,
WHEREAS, it is the desire of the parties that PLAN be merged into PLS upon
tile following terms and conditi.ons.
NOW THEREFORE IT IS HEREBY AGREED BY THE PARTIES HERETO AS
FOLLOWS:
A. That upon the effective date of this agreement all of the right, title, and
interest of PLAN in its assets and obligations shall become the assets and obligations
of PLS.
B. That as a result of said merger the joint powers agreement of PLS shall be
as follows:
"I. PURPOSE
The purpose of this Joint Powers Agreement is to provide for the exercise of
the common power of each of the agencies hereto to provide 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, Sec. 18,700 et
seq.), hereinafter referred to as "Library Services Act", and in such a 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. PLS
shall possess all the powers, prerogatives and authority necessary to plan, operate, and
administer a cooperative library system, and those powers necessary to establish, improve
and extend library services.
It is further intended by the parties hereto (a) to enter into this Agreement for
the joint sharing of benefits and costs related to an automated circulation system
(hereinafter called SYSTEM) for the respective libraries of each party; (b) to recognize
the desirability of making such a system available for all libraries operating in San
Mateo County.
The parties shall have equal access to the full range of services available from
PLS and jointly make decisions regarding the implementation and management of PLS,
in accordance with the terms of this Agreement.
II. NAME AND POWERS
The name of the entity shall be the PENINSULA LIBRARY SYSTEM. Said entity
shall have the powers granted to such library systems under the Education Code of the
State of California and such, other powers as may be necessary to accomplish the purpose
of this Agreement.
III. ADMINISTRATIVE COUNCIL
Adminstrative Council (hereinafter referred to as "Council") is the g,~verning body
of PLS and shall be made up of:
(a) The voting representative of each party hereto who shall be the head
librarian of that party or in the absence of the head librarian, the duly appointed
alternate as determined by each jurisdiction. Additional non-voting representatives may
be appointed with the approval of the Council.
(b) Functions; Powers: The Council shall formulate policy and goals, establish
and'review programs, approve a budget, direct the administration of this Agreement,
establish appropriate committees, including a manager's Review Committee to advise on
all matters pertaining to the SYSTEM concerning automation consisting of the chief
administrative officer of each participating entity, and shall have such incidental powers
as may be necessary and proper to carry out those specifically enumerated.
(c) Not later than October 1, 1985, the Council shall adopt amendments to
the existing operations manual. Said amendments shall include, but not be limited to
the following subjects:
(1) Procedures governing eligibility to borrow library materials and
participate in library programs.
(2) Policies regarding circulation and lending.
(3) What records are to be maintained, procedure for their maintenance,
and policies on confideatiality and for disclosure of the records.
(4) How, and in what manner services are to be performed.
(5) Committee responsibilities and memberships.
(d) Procedure: The Council shah establish such bylaws for the conduct of the
business as may be necessary and proper, provided, however, the following ru'les with
regard to quorum and voting shall apply:
(1) Quorum: A majority of the voting members of the Council shall
constitute a quorum for the transaction of any business.
(2) Voting: The affirmative vote of a majority of those voting members
present shall be necessary for all action taken e×cept the following: (aa)
approval of the budget; (bb) a declaration that a party has failed to
comply with the terms of this Agreement; (cc) use of SYSTEM by other
agencies or or,gaflizations; (dd) decisions regarding SYSTEM enhancements
and/or expansions; (ce) financial matters; (fl) personnel matters as
specified by the Personnel Manual. As to such matters any action taken
shall require the affirmative vote of the majority of t'he entire Council.
IV. BYLAWS
At its first meeting the Council shall elect a chairperson and vice-chairperson
for PLS from its members, who shall assume the duties of office upon election.
Thereafter, PLS shall provide for annual election and rotation of officers in its Bylaws.
The most recently published edition of Robert's Rules of Order shall apply to the
Council's meetings until amended Bylaws are adopted.
V. POWERS OF THE ADMINISTRATIVE COUNCIL:
(a) The Council shall have those powers set forth in Section 6508 and 6509.5 of
the Government Code.
VI. FISCAL AGENT:
(a) The Treasurer of the City of Daly City is hereby designated as the fiscal
agent for PLS to serve until such time as the Couucil shall designate another Fiscal Agent.
(b) The Council shall designate its fiscal year, maintain a current inventory
of the property owned by PLS, and provide for an annual audit of the accounts and
records of PLS by a certified public accountant or public accountant. The minimum
requirements of the audit shall be those prescribed by the State Controller for special
districts under Section 26909 of the Government Code and shall conform to generally
accepted auditing standards. PLS shall bear the costs of the audit.
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VII. RESPONSIBILITIES OF PARTICIPATING LIBRARIES
Members of PLS:
(a) Shall 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 residence and without
payment of a nonresident fee.
(b) Agree to lend circulating books and other materials according to their own
rules, on interlibrary loan, to other member libraries.
(c) Agree to participate in the programs which are a requirement of the
California Library Services Act.
(d) May choose to own, and jointly ol~erate the PLS SYSTEM and other
automated systems.
(e) May participate in the use and operations of the SYSTEM under the terms
and conditions of this agreement and the rules, regulations, and standards which may
be adopted by the Council.
(f) Shall be liable for local costs, including acquisition of remote hardware,
structural modifications, communications equipment necessary to communicate with the
central site, and local conversion expense, including California State Sales Taxes on
purchases, where applicable.
(g) Shall pay all monies owed PLS when due.
(H) Will regularly participate in the meetings and deliberations of the Council.
(i) Shall keep those records and statistics which may be required by the
Council to document the performance of the SYSTEM.
(j) Will report to the Council the persons to receive formal notice of actions
of the Council.
FAILURE 'FO COMPLY with these rules and regulations will constitute a breach
of this Agreement by a party and, as such, shall be subject to the remedial provisions
of the Agreement.
VIII. MANAGEMENT AND CONTROL OF INDIVIDUAL LIBRARIES.
Nothing contained herein shall be deemed to limit the right of member agencies
to administer, manage, direct and control their own libraries and library resources
independently, 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 Chief Administrative officers.
IX. FUNDING
PLS may apply for and receive such grants as may be provided for by the laws
of the state of California or the Federal Government.
X. COST ALLOCATION PLAN.
(a) The Council shall determine the membership fee that shall be contributed
by each participating party for the operation of the general programs of PLS, excluding
the operation of System. Each jurisdiction's fee shall be according to a formula which
the Council determines to be fair and equitable. This formula shall be reviewed annually.
Exhibit A, attached hereto and made a part hereof, is the existing formula which shall
be used until modified or amended by the Council.
(b) The Council shall also determine the share of the total to be contributed
by each me~nber for the operation of the central functions of the System. Each
jurisdiction's share shall be according to a cost allocation formula whic.'h the Council
determines to be fair and equitable and may differ from the me[nbership fee for general
system programs described above. The existing cost allocation formula is set forth in
Exhibit B attached hereto and made a part hereof. This formula shall be reviewed
annually. In addition, each jurisdiction agrees to pay for the capital costs and on-
going operational expenses of those components of PLS which can be allocated to the
jurisdiction directly. Such expenses may include, but are not limited to: purchase of
terminals, modems, communication lines, printed forms, and postage costs, as well as
maintenance and repair of equipment.
XI. CORRECTIYE AND REMEDIAL MEASURES.
Whenever a majority of the Council believes that a participating party has
committed a remediable breach of any material obligation set forth in this Agreement,
it may give the party notice to that effect with reasonable specificity. The participating
party shall use its best efforts to promptly to remedy the breach and shall inform the
Council of the nature of the remedial action planned and taken or will respond to any
such notice, with an explanation that sets forth reasonable cause of the breach. When
.a breach does exist that is not remedied within thirty (30) days after notice of it, the
Council shall be entitled to seek appropriate relief under this Agreement or otherwise
under the law.
XII. APPLICABLE LAW
This Agreement shall be governed by, subject to, and construed according to the
laws of the State of California, with venue to lie in San Mateo County, California.
XIII. APPEAL PROCEDURE
If any party considers that any decision of the Council, or any rule or regulation
governing the operation and shared use of the system to be unfair, the Chairperson of
the Council shall be notified by the party in writing that the decision is disputed, or
5
rule or regulation is unfair, and the reasons therefore. The Council shall then resolve
the dispute within thirty (30) days and inform the party of its recom~nendation.
XIV. INSTALLATION.
It is understood that the responsibility for the installation of all remote equipment
located in the libraries of each party shall rest with the vendor or its agent, unless
otherwise provided for by agreement of the Council and vendor.
XV. CONFIDENTIALITY OF DATA.
The circulation records of all parties are considered CONFIDENTIAL regardless
of the source of inquiry. Employees of each party shall have access to such records
to provide for the orderly operation of each library; however, such records shall not
be made available to anyone else except pursuant to such process, order, or subpoena
as may be authorized by law.
Any problems or conditions relating to the privacy of circulation shall be referred
to the head of the applicable library for resolution.
XVI. RESPONSIBILITIES OF AUTOMATED CIRCULATION SYSTEM
PA RTICIPATION
(a) Members of PLS who choose to own and jointly operate the PLS Automated
Circulation System (called SYSTEM) shall do so under the terms and conditions of this
Agreement and the rules, regulations and standards which may be adopted by the Council.
They shall be liable for local costs, including acquisition of remote hardware, structural
modifications, communications equipment necessary to communicate with the central
site, and local conversion expense, including California State Sales Taxes on purchases
where applicable.
(b) The SYSTEM will be available for use by any party hereto for circulation
and other transactions on a schedule of hours to be set by the Council. The Council,
through its contracts for hardware and software maintenance, shall maintain the
equipment in such a fashion as to provide for downtime and response time not exceeding
the limits specified in these contracts. No liability shall be assumed by the Council;
however, if these limits are exceeded on occasion, it may be necesary to temporarily
suspend SYSTEM availibility because of operational or maintenance requirements.
Whenever possible, prior notice of SYSTEM unavailability will be provided to the libraries.
Such suspension shall not be deemed an unreasonable prevention or postponement of
SYSTEM use by any party.
(c) The Council shall be advised in writing of any SYSTEM software or
hardware enhancement desired by any party. The implementation of all such
enhancements shall require the approval by majority vote of the Council members
participating in the SYSTEM. If the cost of any SYSTEM enhancement, expansion or
replacement would cause an increase in a party's share of expense of 15% or greater
than the previous year's budget, then that party shall have the option to negotiate for
a different level of service from the SYSTEM, provided that such a different level of
service would not degrade the overall SYSTEM and the cost of such change would be
covered by that party.
(d) All central site hardware, including the central processing unit, console
disk drives, tape drives, and associated instruments and equipment shall be owned by
and be the responsibility of the SYSTEM. The rights to all software that is a part of
the system shall reside with SYSTEM, subject to the terms and conditions of the
Aagreements with any vendor. All computer terminals, modems, and communication
equipment necessary for connection to the central site hardware, and any other hardware
that is located in the various service outlets operated by the members shall be owned
separately by individual jurisdictions. It is understood that the members acquiring the
equipment to connect to t~e central site hardware will acquire such equipment in
accordance with the specifications furnished by PLS. '
XVII. ADMISSION OF NEW ENTITIES.
(a) Any agency which has the power t¢ provide library services may join PLS
or SYSTEM upon the application of its governing body and upon the consent of the
Council, provided that such agency has agreed to abide by all the terms of this Joint
Powers Agreement. The Council shall prescribe the amount of money, if any, that shall
be paid by the new agency as a prerequisite to its becoming a participant.
(b) Any agency agreeing to participate in the SYSTEM shall agree to pay the
full cost for any modifications to the central SYSTEM which may be required as directed
result of this new participation. The Council shall determine that the SYSTEM
modifications which may be required will not result in a significant degradation of
SYSTEM performance.
(c) Any agency agreeing to participate in the SYSTEM agrees to pay its
portion of ongoing costs in such SYSTEM.
XVIII. MUTUAL HOLD HARMLESS AND INDEMNIFICATION.
(a) It is agreed that each party shall defend, hold harmless and indemnify PLS
and its officers, agents and/or employees from any and all claims for injuries to persons
or damage to property which arise out of the terms and cond(tions of this Agreement
and which result from the negligent acts or omissions of any other party, their officers,
agents and/or employees.
(b) It is further agreed that the PLS shall defend, hold harmless and indemnify
any party, its officers, agents and/or employees from any and all claims for injuries to
7
persons or damage to property which arise out of the terms and conditions of this
Agreement and which result from the negligent acts or omissions of PLS, its officers,
agents and/or employees.
(c) In the event of concurrent negligence of one or more parties, their officers
and/or employees, and PLS, its officers, agents and/or employees, then the liability for
any and all claims for injuries to persons or damage to property which arise out of the
terms of this Agreement shall be apportioned under the California theory of comparative
negligence as established presently, or as may be hereafter modified.
XIX. INSURANCE.
PLS shall not commence work under this Agreefnent unti! al! insuraace required
under this paragraph h~s been obtained. PLS shall maintain certificates of insurance
evidencing the required coverage. These certificates shall specify or be endorsed to
provide that thirty (30) days' notice must be given, in writing, to PLS of any pending
change in the limits of liability or of any cancellation or modification of the policy.
In the event of the breach of any provision of this Section, or in the event any
notice is received which indicates any required insurance coverage will be diminished
or cancelled, the Council, at its option, may, nothwithstanding any o~her provision of
this Agreement to the contrary, immediately declare a material breach of this Agreement
and recommend to the parties the suspension of all further work pursuant to this
Agreement.
(a) Workers' Compensation and Employer's Liability Insurance: PLS stml! have
in effect during the entire life of this agreement Workers' Compensation and Employer's
Liability Insurance providing full statutory coverage, if required.
(b) Li__ability Insurance: PLS shall take out and maintain during the life of
this Agreement such Bodily Injury Liability and Property Damage Liability Insurance as
.shal! protect it while performing work covered by this Agreement from any aad all
claims for damages for bodily injury, including accidental death, as well as any and all
claims for property damage which may arise from PLS's operations under this Agreement,
whether such operations be by itself or by any sub-contractor or by anyone directly or
indirectly employed by either of them and the amounts of such insurance shall be One
Million Dollars ($1,000,000.) combined single limit bodily injury and property damage for
each occurrence. Al1 parties and their officers, agents, employees and servants, shah
be named as additional insureds on any such policies of insurance, which shall also
contain a provision that the insurance afforded thereby to the parties, and their officers,
agents, e~nployees and servants shall be primary insurance to the full limits of liability
of the policy, such other insurance shall be excess insurance only.
Such liability policy shall also provide errors and omissions coverage for all
members of the Council.
PLS shall be responsible for defending third party actions against PLS.
(c) Property Insurance: PLS shall acquire and maintain all-risk property
insurance to cover full replacement value of all PLS equipment. Such insurance shall
include but not be limited to fire and extended coverage, business interruption and
extra expense.
XX. TIME.
Time is of the essence of this Agreemeat.
XXI. AMENDMENTS.
This Agreement may be amended by approval o~' two~-thirds of the governing
bodies of the parties hereto.
XXII. DISSOLUTION OF PLS
PLS shall be dissolved by approval of two-thirds of the governing bodies of the
parties hereto. Disposition of assets or debts of PLS as determined by the Council shall
be made in such a manner that each party shall share in the proceeds or expenses
consistent with the prorata investmen's'and prorata operating costs.
XXIII. WITHDRAWALS
(a) Any party wishing to withdraw from this Agreement must do so effective
on July 1, of any succeeding year and must provide at least six months written notice
to the Council. Notice shall be in the form of a resolution adopted by the goveraing
body of the party wishing to withdraw. The signatories to this Agreement recognize
that a substantial capital investment is required by each to implement and operate
SYSTE.] and that withdrawal from this Agreement will cause substantial hardship for
all remaining parties.
(b) If a party withdraws from the Agreement according to the terms anti
conditions set forth herein, said party shall receive a copy of its bibliographic file,
borrower file, and item file if such information has been converted and filed in the
automated system, contingent on the system's capability.
(c) If a party withdraws from SYSTEM prior to two years from the effective
date of this Agreement, the withdrawing party shall reimburse PLS an amount equal to
any unpaid balance of that party's share of initial start-up costs and its share of initial
central site operating costs.
(d) If the withdrawal from this Agreement results in a decision by the remaining
parties that the SYSTEM be terminated, it shall be the responsibility of PLS to dispose
9
of all the equipment and reimburse the remaining parties from the proeeed~ of disposal
in accordance with a pro-rata formula based on the initial investment.
XXIV. TERMS OF AGREEMENT
This Agreement shall continue perpetually until modified or terminated by the
parties hereto."
C. This merger shall be effective on July 1, 1985.
IN WITNESS WHEREOF the parties hereto have set their hand the day and year
written.
CITY OF BURLINGAME
City Manager
Date:
CITY OF DALY CITY
ATTEST:
By:
Date:
City Clerk
ATTEST:
By:
City Manager
Date:
CITY OF MENLO PARK
/ .~.i-t~ Manager--b~chael A. Bedwell
Date:' ¢~/~,
CITY OF REDW D CIT~
Cit~'//'Managg~
Date:/
yCity Clerk-
Date: ,/.~:z.-~c.. / ~ / q
ATTEST:
City
ATTEST:
By:
City Clerk
Date:
10
CITY OF SAN BRUNO
CITY OF. SAN MATED
By: ~
CITY OF SO. SAN FRANCISCO
~ City/Mjinager
Date: 7f~(~/~
ATTEST:
ATTEST:
By:
Date:
City C.lerk
ATTEST:
City Clerk
Date:
COUNTY OF SAN MATED
ATTEST:
.. c-., & .~
Clerk of the Board
11
EXHIBIT A
PLS Membership Fees 1984/85 1985/86
Formula:
Base $2400
+ $0.065 per-capita
Library:
Burlinqame
Daly City
Menlo Park
Redwood City
San Bruno
San ~.~ateo City
San ~;ateo County
South San Francisco
Total
Pop~]tation:
19SO Census
26,173
78,519
25,673
54,965
35,417
77,561
230,013
49,393
577,713
Fee:
$4,100
$7,500
$4,070
$5,970
$4,700
$7,440
$17,350
$5,610
$56,740
SHARED AUTOMATED SYSTEM
COST ALLOCATION FORMULA
Library 1982-83 1982-83 1982-83
Circulation* % Volumes** % Population***%
Total
Av. %
Prior
%
Burlingame 291,139 8.0 219,391 ]2.2 33,583 5.7
Daly City 327,664 9.0 151,283 8.4 79,950 13.5
Menlo Park 196,136 5.4 111,755 6.2 26,250 4.4
Red~ood City 374,990 10.3 197,008 11.0 55,800 9.4
San Bruno 176,426 4.8 89,162 5.0 34,750 5.8
San ~.~ateo City 520,024 14.3 320,907 17.~ 82,867 14.0
San ~:ateo County 1,495,335 41.2 600,151 33.4 230,200 38.8
So San Francisco 247,328 7.0 107,712 6.0 50,100 8.4
8.7
10.3
5.3
10.2
5.2
15.4
37.8
7.1
[8.3]
[12.6]
[5.3]
[10]
[5.2]
[14]
[36.8]
[7.8]
Total 3,629,042 1,797,369 593,500
'1982-83 Circulation to Librarys' own residents. Statistics from the
1982-83 Direct Loan Survey (includes circulation to Hillsborough)
~*1982-83 Volumes as reported to the State Library
**'1.1.83 Projected Population statistics from the U.S. Bureau of Census
Note: Total Population of San Mateo County = 593,500 (including
Hillsborough population of 10,700 allocated 2/3 to Burlingame
[7,133] and 1/3 to San Mateo City [3,567])
Formula Revised 3.6.84