HomeMy WebLinkAboutAgr 2016-06-13 (City of Belvedere) (2)FIRST AMENDMENT TO THE
JOINT POWERS AGREEMENT FOR
BELVEDERE-TIBURON LIBRARY
This First Amendment to the Joint Powers Agreement For Belvedere -Tiburon
Library ("Amendment") is entered into by and between the City of Belvedere ("Belvedere")
and the Town of Tiburon ("Tiburon") and shall be effective on the date it is fully executed.
Belvedere and Tiburon may be referred to herein as the "Parties."
RECITALS
WHEREAS, in 1995 the Parties entered into a Joint Powers Agreement For Belvedere -
Tiburon Library ("JPA Agreement") for the purpose of establishing a new entity to construct,
own, and operate, and maintain a new public municipal library under the authority of Education
Code Section 18900 et seq.;
WHEREAS, the JPA Agreement established a Library Board of Trustees ("Board") with each
appointed Board member serving a 3 -year term with the opportunity to be reappointed for one
successive term;
WHEREAS, the JPA Agreement referenced certain members of the Board being chosen from
a list prepared by the "Peninsula Library Foundation," an organization that no longer exists in the
same form as the time when the JPA Agreement was first entered into;
WHEREAS, the Parties seek to amend the JPA Agreement such that:
1. Each Board member would instead serve a 4 -year term with the opportunity to be
reappointed for one successive term,
2. This Amendment regarding 4 -year terms would be effective immediately and apply to
currently sitting Board members, and,
3. The provision regarding selection of certain Board members from a list submitted by
the "Peninsula Library Foundation" is deleted.
AGREEMENT
NOW, THEREFORE, the Parties do hereby agree as follows:
1. That Paragraph 6 of the original JPA Agreement is hereby deleted and replaced with the
following:
"6. Term. The term of office for each Library Board member shall be
four (4) years. The terms of the members shall be staggered so that no
more than three terms expire during any one year. Members may be
reappointed for only one successive term at the discretion of the
appointing authority."
Page 1 of 3
2. That the 4 -year terms of office for Board members shall be effective immediately and
apply to currently sitting members of the Board.
3. That Paragraphs 4 (a) and (b) of the original JPA Agreement are amended as follows:
"4.Membership of the Library Board: The governing board (Library
Board of Trustees) shall consist of seven members, residents of
Belvedere and Tiburon, appointed as follows:
(a.) The Town Council of the Town of Tiburon shall appoint
three (3) members of the Library Board, one of whore shall
(b)
Foundation.
The City Council of the City of Belvedere shall appoint three
(3) members of the Library Board,
Foundation."
4. That all other terms of the original JPA Agreement shall remain in full force and effect.
[Original JPA was adopted on April 19, 1995 by the Town Council of the Town of Tiburon, and
on May 1, 1995 by the City Council of the City of Belvedere.]
I do hereby certify that the foregoing First Amendment to the Joint Powers
Agreement Fo Belvedere -Tiburon Library was approved by the Town Council of the Town of
Tiburon on 4i i - / , 2016.
[Seal]
By:
c
Attest:
ERIN TOLLINI, MAYOR
Town of Tiburon
Diane Crane Iacopi, Town'Clerk
Page 2 of 3
I do hereby certify
Tiburon Library was approved
5ov e \ , 2016.
[Seal]
that the foregoing Joint Powers Agreement For Belvedere -
by the City Council of the City of Belvedere on
ifBy: &g((-: a,-
Attest:
CLAIRE McAULIFFE,
City of Belvedere
OR
Alison Foulis, City Clerk
Page 3 of 3
JOINT POWERS AGREEMENT
FOR BELVEDERE-TIBURON LIBRARY
This Joint Powers Agreement (hereinafter "Agreement") is entered into
by Belvedere and Tiburon for the purpose of establishing a new entity to
construct, own, and operate, and maintain a new public municipal library
under the authority of Education Code Section 18900 et seq.
NOW, TI-IEREFORE, the parties hereto do agree as follows:
1. Purpose of Agreement. The Joint Powers Agreement (hereinafter
"Agreement") is entered into for the purpose of establishing an agency to
construct, own, operate, and maintain a new public library conveniently
located for the residents of Belvedere and Tiburon
2. Administering Agency. Pursuant to California Government Code
Section 6500 et .m,. there is hereby created a public entity to administer and
execute this Agreement. This entity shall be known as the Belvedere -Tiburon
Library Agency (hereinafter the "Library Agency").
3. Powers of Library Agency, The Library Agency shall have all necessary
powers and authority provided to municipal libraries under Education Code
Section 18900 et seq. and all other powers necessary to operate and maintain a
library, including but not limited to:
(A) The power to own or lease property and to plan, construct and
hold title to a library (located at the corner of Mar West and
Tiburon Boulevard and or other appropriate sites.)
(B) The power to incur debt or borrow money as necessary for the
needs of the Agency; to accept donations, gifts or other funds
from all sources; and to invest and deposit funds of the Agency
in accord with adopted investment policies.
(C) The power to contract with the Marin County Library
System and/or with any other entities for professional library
services and for other services if appropriate.
(D) The power to appoint or employ officers, employees, and agents
and establish the terms of their employment.
(E) The power to contract for professional and other services as may
from time to time appear reasonable and appropriate.
(F) The power to establish a volunteer system which permits
volunteers to serve in any role deemed appropriate by the Board.
(G) The power to prepare and administer an annual budget using a
combination of public, private, and fee-for-service funds.
(H) The power to pursue and receive funds from private sources and
through the Peninsula Library Foundation.
(D The power to sue or be sued in its own name.
<D The power to purchase personal property, including books and
other necessary materials.
4. Membership fo the Library Board: The governing board (Library Board
of Trustees) shall consist of seven members, residents of Belvedere and
Tiburon, appointed as follows:
(a.) The Town Council of the Town of Tiburon shall appoint three
(3) members of the Library Board, one of whom shall be chosen
from a list submitted by the Peninsula Library Foundation.
(b.) The City Council of the City of Belvedere shall appoint three (3)
members of the Library Board, one of whom shall be chosen
from a list submitted by the Peninsula Library Foundation.
(c.) A seventh member who is designated an "at large" member
and shall be recommended by the Reed Union School
District Board of Trustees and approved by the Parties hereto.
(d.) Each member shall be subject to removal and replacement at the
pleasure of the appointing government body(ies). It will require
action by both councils to 'remove the at -large member.
(e.) For the initial seven members three members (including the at -
large member) shall serve only until the end of the first fiscal year
after the creation of the Joint Powers Agency, two shall serve until
the end of the second fiscal year and two until the end of the third
fiscal year. (Initial appointments will be eligible for two additional
full terms.)
(f.)
Initial appointments should give due consideration to the
selection of individuals who have made significant efforts
toward making the new Library a reality.
5. Compensation. The members of the Library Board shall serve
without compensation.
6. Term. The term of office for each Library Board member shall be
three (3) years. The terms of the members shall be staggered so that no more
than three terms expire during any one year. Members may be reappointed
for only one successive term at the discretion of the appointing authority.
7. Library B o ar d Officers. The Library Board shall select a chairperson
and vice chairperson whose terms shall run for one (1) year, commencing on
the first meeting of the fiscal year. The Library Board shall hold regular
meetings at least monthly and special meetings as may be called pursuant to
the Bylaws. Four members shall constitute a quorum.
8. Bylaws. The Library Board shall adopt Bylaws which make provision
for the calling and conduct -Of meetings, casting of votes, appointment of
officers and other matters normally contained in Bylaws, all to be consistent
with the Ralph M. Brown Act (Section 54900, et seg. of the Government Code)
and all other applicable state statutes.
9. Financial Responsibility. The Library Agency shall be responsible for
all debts, liabilities and obligations arising from the exercise of the Agency's
powers.
10. Annual Reports. The Library Agency shall submit an annual
written report on the state of the library to the two appointing parties. In
addition, the minutes of all Library Agency meetings will be forwarded to
Belvedere and Tiburon.
11. Treasurer and Controller. Pursuant to the provisions of Government
Code Section 6505.6, the Treasurer of the Library Board shall be an officer or
an employee of the Library Board. The treasurer shall receive and have custody
of all monies of the Library Board, shall be responsible for the safekeeping and
disbursement of all such monies and shall pay all sums due when
appropriately presented to the Library Board. All withdrawals from the
Agency's bank accounts shall be made by check signed by officers or
employees designated by the Library Board by resolution. Pursuant to this
section, the Treasurer shall cause an independent annual audit to be made by
a. certified p u b 1 i c accountant, or public accountant in compliance with
Government Code Section 6505.5. The Treasurer shall obtain a public official
surety bond. The premium for this bond shall be paid by the Library Board.
12. Independent Contractors. The Library Board may, within its
discretion, contract with independent consultants or individuals to perform
administrative and/or operational functions of the Library Board.
The Library Board may in its discretion require independent contractors to
provide liability insurance in appropriate amounts.
13. Budget. The Library Board shall prepare an annual budget using a
July 1 through June 30 fiscal year. This budget will identify proposed revenues
and proposed expenditures.
14. Transfer o f funds. All public funds provided by the county tax
collector for library purposes, including any portion of the property tax levied
for library purposes shall be transferred by the parties as soon as received and
without diminution to the Library Agency.
15. Liability of Library B o and and Board Members, Employees
and Independent Contractors. The Library Agency shall obtain appropriate
liability insurance for the Agency, Board Members, employees, volunteers and
independent contractors. Notwithstanding the above, the Agency may in its
discretion require independent contractors to indemnify, defend and hold
harmless the Agency.
16. Term: Termination. This agreement shall be for an indefinite term,
and may be terminated only with at least one year's written notice by either
party to the other party.
17. Disposition of Assets Upon Termination. While this Agreement is in
effect all property and monies received by the Library Agency shall be held by
the Library Agency. If this Agreement is terminated as provided for in paragraph
13, the building, its contents, and all other assets of the Library Agency will be
held in trust by the Peninsula Library Foundation or its successor local non-
profit organization. If the building ceases to be used as a
• library, the facility and all other assets should continue to be used to provide
cultural, educational, and recreational benefits to the residents of Belvedere
and Tiburon at the sole discretion of Belvedere and Tiburon.
18. Entire Agreement. This document constitutes the entire agreement
between the parties as to the subject matter thereof, and may be altered or
amended only be an agreement in writing duly executed by both parties.
19. Successors. This Agreement shall be binding upon and shall inure
to the benefit of successors to the parties hereto.
20. Modification or Suspension. In the event State or Federal laws
or regulations enacted after the effective date of this Agreement, prevent or
preclude compliance with one or more provisions herein, such provisions
shall be modified or suspended as may be necessary to comply with such laws
or regulations.
20. Notice Pursuant to Government Code §6503.5. Within thirty (30)
days after the adoption of this agreement, the parties shall cause a notice of
the Agreement to be prepared and filed with the Office of the Secretary of
State, as required by California Government Code §6503.5.
21. Effective Date. This Agreement shall become effective on the first
day of the month immediately following adoption of this Agreement by the
governing bodies of Belvedere and Tiburon.
. 22. Assumption of Liability by Agency. Pursuant to Government Code
Section 895.4, the parties agree that the Agency shall be solely liable for any
damages or liabilities arising out of the performance of this agreement and
shall indemnify, defend and hold harmless Belvedere and Tiburon.
I do hereby certify that the foregoing Agreement for Joint Exercise of
Powers was approved by the Town Council of the Town of Tiburon on
Aril 19 , 1995
Mayor, wn "on
Town
le k, Town of Tiburon
do hereby certify that the foregoing Agreement for Joint Exercise of.
Powers was approved by the City Council of the City of Belvedere on May 1,
1995.
Seal
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