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RESOLUTION NO. /CJ. 7/.3
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A JOINT POWERS AGREEMENT RELATING TO A COOPERATIVE
3 LIBRARY SYSTEM TO BE KNOWN AS THE "INLAND LIBRARY SYSTEM".
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
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authorized and directed to execute on behalf of said City a Joint
Powers Agreement relating to a cooperative library system to be
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known as the "Inland Library System", a copy of which is attached
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hereto, marked Exhibit "A" and incorporated herein by reference
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as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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a~ 7~' ~~rJ.vJ meeting
day of ~~~~, , 1977, by the
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following
thereof, held
Bernardino at
on the /-1'14
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16 vote, to wit:
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Councilmen ;:::-7""4{ A:~/hA< ~;/~
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AYES:
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NAYS:
ABSENT :
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The foregoing resolution is hereby approved this
:?l?~~ ,1977.
/ h ~ day
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of
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City
Te~el L
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MAR a'41911
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AGREEMENT FOR TIlE JOINT EXERCISE OF
POWERS RELATIVE TO THE
INLAND LIBRARY SYSTEM
This .Joint Powers Agreement, made undE'r the provisions of Article I, Chapter 5,
Division 7, Title I, of the Government Code (Section 6500 et seq.) entered into and
effective this day of . , 197__, by and between the COUNTY OF
S~~ BERNARDINO on behalf of the San Bernardino County Free Library, hereinafter referred
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to as "San Bernardino County", the CITY OF COLTON, on behalf of the Colton Public Library,
hereinafter referred to as "Colton", the CITY OF CORONA, on behalf of the Corona Public
Library, hereinafter referred to as "Corona", the CITY OF HEMET, on behalf of the Hemet
Public Library, hereinafter referred to as "Hemet", the COUNTY OF INYO, on behalf of
the Inyo County Free Library, hereinafter referred to as "Inyo", the CITY OF ONTARIO,
on behalf of the Ontario City Library, hereinafter referred to as "Ontario", the CITY OF
PAU1 SPRINGS, on behalf of the Palm Springs Public Library, hereinafter referred to as
"Palm Springs", the PALO VERDE VALLEY LIBRARY DISTRICT, on behalf of the Palo Verde
Valley District Library, hereinafter referred to as "Palo Verde", the CITY OF RIVERSIDE,
on behalf of the Riverside City and County Public Library, hereinafter referred to as
"Riverside", the CITY OF SA~ BERNARDINO, on behalf of the San Bernardino Public Library,
hereinafter referred to as "San Bernardino Public", and the CITY OF UPLAND, on behalf of
the Upland Public Library, hereinafter referred to as "Upland".
WITNESSETH:
WHEREAS, the Board of Supervisors of the County of San Bernardino did on
.January 18, 1966, enter into a Joint Powers Agreement with the City of Colton and formed
a cooperative Library System under the provisions of the Public Library Development Act
of 1963, Chapter 1.5, Division 20, Part 4, of the California Education Code (Section 27111
et seq.) in order to extend and improve their respective overall services standards, and
WHEREAS, the other cities, counties, and district listed above did subsequently
enter into the 1-larch 27, 19(,7, Agreement and its amendments of December 18, 1967,
and May 4, 1970, to join and participate in a cooperative library system similar to that
or ig i na-Ily formed by the City of Co 1 ton and the Count y of San Bernardino; and
WIIEREAS, each city, or governmental group represented, party to this Agreement,
desires to form such a cooperative library system to be known as the "Inland Library
System"; and
WHEREAS, the Librarians of the various 1 ibraries have developed and agreed upon
a plan of library service necessitating cooperation among said libraries; and
WHEREAS, all parties wish to clarify and reallocate the duties, functions,
and responsibilities for the operatiOli of the system; and
,WHEREAS, said public agencies are authorized to contract with each other for
the joint exercise of any con~on power;
NOW, THEREfORE, the San Bernardino County Library and the aforementioned
libraries in consideration of their mutual promises and the provisions hereinafter
stated and the performance thereof and for other valuable and adequate considerations,
agree as follows:
1. EFFECT OF AGREEMENT: This Agreement shall be a novation of the
agreement entitled ".Joint Powers 'Agreement Between the County of
San Bernardino, the City of Colto~, the City of Upland and the
City of San Bernardino" (dated March 27, 19(7) and the "First
Amendment" (dated December 18, 1967) and "Second Amendment (dated
May 4, 1970) thereto. 111ere is hereby created the Inland Library
System, also hereinafter called "the SYSTEM", comprised of the parties
to the Agreement. The System hereby created is, through its agencies
and trustees, successor to all rights and liabilities of the System
as it was previously constituted pursuant to the former agreements.
This Agreement shall become binding upon its ratification by all
parties. The effective date of this agreement shall be the date
the last party to this agreement executed the same and shall be
inserted in ~he appropriate blanks in the first sentence of this
Agreement.
2. PURPOSE OF mE AGREEMENT: The purpose of this Agreement is to form
a cooperative library system hereinafter known as the "Inland Library
System" or "SYSTEM" to improve and coordinate the public library
functions of the parties. The SYSTEM shall perform cooperative library
functions as necessary to fulfill this 'purpose including, but not
limited to the following:
(a) Reception of monies under Chapter 1.5 of Division 20 of
Part 4 of the Education Code of California as the same may
be amended from time to time.
(b) Reception of benefits under the Federal Property and
Administration Services Act of 1949, as amended and as
the same may be amend('d from time to time.
(c) Reception of such other monies and benefits as the SYSTEM
is eligible to receive.
(d) Coordination of reference and research services.
(e) Providing for interavailability of books, films, information
and materials among all service outlets of the parties of
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this Agreement,
(f) Coordination of interchangeable borrowing privileges among
libraries of the parties.
(g) Providing for cooperative in-service training, cooperative
public relations, and cooperative assistance and guidance in
adult, young adult, and children's services through workshops
and similar programs.
(h) ~Iaking applications and contracts for grants from public or
private entltles to carry,out the purposes of the SYSTEM.
(i) Coordination of book orders and periodical subscriptions as
seem feasible.
(j) Undertaking other cooperative library projects which may be
recommended by a majority of the Executive Council of the
SYSTE~I.
3. POWER OF THE SYSTB~: The Inland Library System shall have all 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.
The INLAND LIBRARY SYSTEM shall do whatever is necessary to carry out
the purposes Qf this Agreement and shall make and enter into such
contracts, incur such debts and obligations, receive contributions from
its members, and perform such other acts as are necessary to the
accomplislunent of the purposes of this Agreement. The INLAND LIBRARY
SYSTEM shall constitute a separate public entity pursuant to the
provisions of Government Code Section 6507. The Executive 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.
4. COMMON POWERS: The common powers to be exercised pursuant to this
Agreement 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 in the
territorial jurisdiction of each of the parties.
5. GOVERNING BODY OF SYSTE~I: The INLAND LIBRARY SYSTEM will be administered
by an Executive Council consisting of the Head Librarian of each member
or such other person as has heen designated by the governing body of
such member. Governing bodies of Council members may designate alternates
to sit, deliberate, and act in the absence of the appointed Council
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member. The Council will elect one of its members as Chairman, who
shall hold office for a one-year term. Said term shall be for the
operating year. The Chairman, or the designated alternate, shall
preside over all meetings of the Council. The Council shall draw up
rules and regulations from time to time as they deem advisable. It
sha 11 plan and determine the use to be made 0 f any funds received by
the SYST~l from any source and may expend such funds in accordance with
such plans and determinations. The Executive Council shall direct and
approve the applications for SYSTEM grants. Unless otherwise specified
herein, the Executive Council shall act only upon affirmative vote of
a majority of its members. The Executive Council shall supervise
administration of the SYSTH1, set policy, and shall advise the various
agents. of the SYSTE~I on act ions necessary to carry out. the purposes of
this Agreement. .
6. ADMINISTRATION OF THE SYSTHI: Subject to the supervision, policies,
and advice of the Executive Council, the SYSTEM shall be administered
by the designated agents as follows:
(a) Fiscal Agent: San Bernardino County shall act as contracting
fiscal agent for the SYSTEM in accordance with provisions of
the Government Code, Section 6505.5, hereby incorporated by
reference. The role of the fiscal agent may be transferred
to another member library upon the decision of the Executive
Council and the approval of the State Library.
(b) Miscellaneous Agents: The Executive Council with the prior
consent of the governing body of the appointee, may from time
to time appoint a party hereto to act as agent for the SYSTEM
and to administer such aspects of the SYSTEM for such period
of time as the Executive Council may specify. Any agent so
appointed shall not be required to incur any expense in connection
with its agency or administration pursuant to such appointment
for which express funds have not been approved in the SYSTEM's
hl,,]g(.t; however, such agent shall.l1ot he reimbursed for
expenditures in excess of the amounts budgeted by the SYSTEM
for such purposes.
7. ACCOUNTABILITY OF FUNDS/REPORTS OF RECEIPTS AND DISBURSEME~~S/ANNUAL
AUDITS: The agreement shall provide for strict accountability of all
funds and report of all receipts and disbursements.
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The public officer performing the functions of auditor or controller.
as determined pursuant to Section 6505.5, shall either make or contract
with a certified public accountant or public accountant to make an annual
audit of the accounts and records of related accounts of every agency or
entity. In each case. 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 standards. h~ere an audit of an account and records is made
by a certified public accountant -or public accountant. a report thereof
shall be filed as public records with each of the contracting parties
to the agreement and also with the county auditor of the county in
which each of the contracting parties is located. Such report shall
be filed within 12 months of the end of the fiscal year under examination.
Any costs of the audit, inCluding contracts with. or employment of.
certified public accountants or public accountants, in making an audit
pursuant to this section shall be borne by the SYSTHI.
8. TITLE OF PROPERTY: Ownership of items purchased wi th SYSTEIol funds
shall be in the SYSTE~I or in member libraries as the Executive Council
may in each instance determine. The Executive Council may direct any
party to thi.s Agreement to acquire or transfer possession and title to
personal property acquired with SYSTE~1 funds.
9. PROTECTION OF PROPERTY: Any party who is entrusted with SYSTE.\1 property
or SYSTHI funds shall provide an official bond or a public employees'
fidelity bond in an amount satisfactory to the Executive Council,
unless this requirement for such bond is waived by the Executive Council.
Additionally, each party with title to SYSTHI property shall have that
property included in the coverage schedule of its public and institutional
property damage insurance policy. Each party entrusted with SYSTEM
property shall be charged with the duty of its day-to-day maintenance.
The decision to repair or replace seriously damaged or destroyed property
shall be left to the discretion of the Executive Council.
.10. OBLIGATION TO ACCEPT SERVICE: It is understood and agreed between the
parties hereto, that SYSTE/ol-wide programs shall be accepted by each
party. Each party sh:lll have an affirmative obligation to cooperate in
the performance. and execut ion of all SYSTE/ol-wide programs and SYSTEM
policies.
11. ^O~IINISTRATION OF MEMBER LIBRARIES: The member libraries shall administer
their own public libraries independently, selecting their own books.
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hiring their own personnel, and operating according to the.policies
and rules established by their OWn governing bodies.
12. NEW MEMBERS: Upon approval by majority vote of the total voting members
of the Executive Council of said SYSTEM, any public entity shall be
permitted to join the Inland Library System upon its execution of the
said Joint Powers Agreement, and its further agreement to the Plan of
Service as agreed upon by all parties to said Joint Powers Agreement;
provided, however, that said permission as to joinder to the SYSTb~
shall be contingent upon the State of California funds for a Public
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Library Services System Grant being approved by the State Librarian or
contingent on the provision by said applicant public entity to said Inland
Library System of an amount of money equal to the proposed Public Library
Services System Grant, which is available at the time of said public
ent i ty' s appl ication for joinder to said SYSTHI.
13. LIABILITY ON SYSTEM CONTRACTS: If an unfavorable judgment is rendered
and becomes final against a party to this Agreement upon a contractual
obligation properly undertaken by said party as agent for the SYSTEl-I,
then all parties to this Agreement shall contribute towards satisfaction
of said judgment in proportion to the population served by each party to the
total population served by the SYSTE~I, not to exceed ILS resources.
14. LIABILITY FOR OTHER OCCURRENCES: Except as provided in Paragraph 13
above, each part~ to this Agreement, whether individually or collectively,
does not assume, nor shall any party be deemed to assume, liability for:
(a) Any act or omission of any one. party to this Agreement in
performance of this Agreement; or
(b) The payment of worker's compe~sation as indemnity to officers,.
agents, or employees of anyone party to this Agreement for
injury or illness arising out of performance of this Agreement.
Notwithstanding the provision of Government Code sections 895 et seq., regarding
contribution or indemnification, each member to this AgreemE'nt, for its own negligent or
wrongful acts or omissions in the performance of this Agreement, and in .this regard each
party hereto agrees to defend and hold each and every other party to this Agreement, its
officers, agents and employees, harmless from any and all claims, demands, causes of
action, liabilities or losses arising out of or because of any acts done or omitted to
be done by any member to this Agreement in performance of this Agreement.
IS. AUTHORITY TO CONTRACT FOR GOODS AND SERVICES: Any party hereto desiring
to contract with any public or private entity or individual for any
goods or services to be paid for in whole or in part, either directly
or by way of reimbursement to such party, with SYSTEM funds shall obtain
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the approval of the Executive Council for any contract involving an
expenditure of SYSTEM funds in an amount of $500.00 or more. All
contracts entered into by. the various agents for the SYSTEM shall recite
that the agent is acting in behalf of and for the benefit of all parties
to this Agreement.
16. WITHDRAWAL: Any member library may withdraw from the Inland Library
System by serving formal written notice of its intent to so withdraw
at least one hundred and twenty (120) days prior to the end of the
operating year. The SYSTEM shall aontinue to exist so long as there
are two member libraries, provided that these two meet the requirements
of SYSTEM membership. Libraries which withdraw are subject to such
procedures !tovern ing wi thdrawa I as the Execut ive Counei 1 shall beforehand
have established.
17. 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 became 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 government 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 of the SYSTEM.
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IN WITNESS h'HEREOF, each public agency has caused this instrument
to be executed by its respective officials as duly authorized by the
legislative bodies thereof.
Dated this
day of
.197_
ATTEST: Leona Rapoport
Clerk of Board of Supervisors
COUNTY OF S1'.N BERNARDINO
Dennis lIansberger, Chairman
Board of supervisors
Dated:
. 197
ATTEST:
CITY OF COLTON
Dated:
, 197
ATTEST:
CITY OF CORONA
Dated:
197
ATTEST:
CITY OF IIEMET
Dated:
. 197
ATTEST:
COUNTY OF IN'IO
Dated:
, 197
ATTEST:
CITY OF ONTARIO
Dated:
, 197_
ATTEST:
CITY OF PALM SPRINGS
Dated:
, 197
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ATTEST:
ATTEST:
ATTEST:
ATTEST:
Dated:
Dated:
PALO VERDE VALLEY LIBRARY DISTRIcr
.19_
CITY OF RIVERSIDE
.19_
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DatedL~:..:. .J/~ . . .
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Dated:
I
.1921
CITY OF UPLAND
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