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HomeMy WebLinkAboutC-1733 - Joint Powers Agreement for libraries, audio-visual inventoryJuly 25, 1975 Mr. Howard Samuelson Head Librarian Santa Ana Public Library 26 Civic Center Drive Plaza Santa Ana, California 92701 Re: Joint Powers Agreement For Audio - Visual Inventory Dear Mr. Samuelson: Per our telephone conversation of today, I am enclosing the above - mentioned Joint Powers Agreement for execution by Santa Ana. I understand you will forward said Agreement to one of those cities whose Council has already approved same. Thank you for your courtesy and cooperation in this matter. Sincerely yours, (Mrs.) Bonnie Ceglio Secretary to Dennis D. O'Neil City Attorney be Enclosures .. .... ... nn ..:1... �. ice'.:. JOINT POWERS AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following Joint Powers Agreement is made and entered into this day of , 1975, by and between the CITY OF ALHAMBRA, a municipal corporation, the CITY OF ARCADIA, a municipal corpora- tion, the CITY OF AZUSA, a municipal corporation, the CITY OF BURBANK, a municipal corporation, the COUNTY OF KERN, a body politic, the CITY OF INDIO, a municipal corporation, the CITY. OF INGLEWOOD, a municipal corporation, the CITY OF MONTEREY PARK, a municipal corporation, the CITY OF NEWPORT BEACH, a municipal corporation, the CITY OF.PALM SPRINGS, a municipal corporation, the CITY OF SANTA ANA, a municipal corporation, and the CITY OF SANTA MONICA, a municipal corporation, hereinafter referred to jointly as "PUBLIC AGENCIES ". WHEREAS, the PUBLIC AGENCIES, and each of them, maintain and operate, as a division of-local government, a public library; and WHEREAS, each of the PUBLIC AGENCIES provide the necessary public funds for the operation of a public library; and WHEREAS, each of the PUBLIC AGENCIES has the power to approve the expenditure of funds for the procurement of films to be made available to persons utilizing the public library facilities; and WHEREAS, it has been further determined that the creation of a common film or audio - visual inventory in which the respective public libraries of each of the PUBLIC AGENCIES may participate will greatly increase the availability of a more extensive supply of films or audio - visual material and would provide an additional benefit to all persons using the respective public library facil- ities as the same are presently maintained by each of the PUBLIC AGENCIES hereto; and WHEREAS, the PUBLIC AGENCIES are authorized to contract with each other for the joint exercise of any common power under Article 1, Chapter 5, Division 7, Title 1.(Section 6500 et seq) of. the Government Code of the State of California. NOW, THEREFORE, the PUBLIC AGENCIES, and each of them, for and in consideration of the mutual promises and agreements hereinafter stated and the performance thereof and for other valuable and adequate consideration, do hereby promise and agree as follows: 1. Purpose of Agreement, Common Power to be Exercised. This Agreement, made under the provisions of Article 1, Chapter 5, Division 7, Title 1 (Section 6500 et seq.) of the Government Code of the State of California, is for the purpose of providing for the creation and establishment of a common pool or supply of film and audio - visual material, which film and audio - visual material shall be made available to the public libraries of each of the PUBLIC AGENCIES. 2. The Commission, its Powers and Restrictions. To administer and execute this Joint Powers Agreement, there is he,reby... created a commission to be designated as FILM COUNCIL CIRCUIT COMMISSION, hereinafter referred to as the "COMMISSION ". The COMMISSION may take, acquire, purchase, lease, hold, own, exchange, sell, convey, release and maintain such films and other audio - visual material as may be deemed by it to be in the mutual interests of the PUBLIC AGENCIES hereto. The COMMISSION shall prescribe rules, regulations and standards under which the public libraries of each of the PUBLIC AGENCIES may participate in and use such films and audio - visual material. The COMMISSION shall have the power to appoint or employ such agents and employees as may from time to time appear reasonable and necessary in the exercise of its powers under this Joint Powers Agreement and shall do all other acts necessary for the exercise of the express common power and for the purpose specified in Paragraph 1 hereof, subject only to such limitations and restrictions as may be set forth herein or provided by law. 3. Commission Members. The membership of the COMMISSION shall at all times be equal to the number of PUBLIC AGENCIES participating in this Joint Powers Agreement. Within sixty (60) days after the execution of this Joint Powers Agreement between the parties hereto, the governing body of each of the PUBLIC AGENCIES shall appoint one member who. shall be its representative on the COMMISSION, said member to be the Librarian, or such other representative as said governing body shall appoint. The member shall serve and be subject to removal and replacement at the pleasure of the PUBLIC AGENCY appointing him and upon resignation, removal or incapacity the PUBLIC AGENCY shall, within sixty (60) days, appoint another such member to represent the PUBLIC AGENCY on the COMMISSION. Each COMMISSION member shall file with the COMMISSION a certified copy of the resolution of the PUBLIC AGENCY which appointed him.. The COMMISSION shall elect one of its members President and he shall preside at the meetings.. The term of the President shall be for one (1) year and a President may not succeed himself to a successive term. 4. Commission Meetings. The Commission shall fix the time and place for its meetings and shall hold at least one annual meeting. Special meetings may be called from time to time by the President or upon written request therefor by at least one- third (1/3) of its members. Notice of the special meeting may be served by delivering the copy of the notice to each COMMISSION member or by depositing said notice in the United States mail, postage prepaid. Such notice must be delivered personally or mailed at least seventy -two (72) hours before the time set for such meet- ing. The call and notice shall specify the time and place of the meeting and the nature of the business to be transacted. Business other than as specified in said notice may be considered at such special meeting only in event a quorum is present at such meeting and consents to such consideration. All meetings of the COMMISSION shall be open to the public. The COMMISSION shall cause its Secretary to keep full and complete minutes of all meetings. Said -3- minutes shall be public documents and available for inspection at the office of the Secretary at all times. The COMMISSION shall not pay compensation-to its members for service as such members. No business may be transacted without a quorum of the members of the COMMISSION being present. A quorum shall consist of three - fourths (3/4) of the members and a vote of the majority of the members of the COMMISSION present shall be required to transact business. The COMMISSION shall adopt appropriate rules, not inconsistent herewith, for the orderly transaction of its business. 5. Commission Employees. The COMMISSION shall have the power to employ a Secretary and such other persons as may be necessary to carry out the purposes of this Joint Powers Agreement. The Secretary and other persons engaged shall receive such compensa- tion as may be fixed by the COMMISSION. The COMMISSION shall from time to time designate a City Treasurer of one of the PUBLIC AGENCIES to act as Treasurer for the COMMISSION and all funds belonging to.the COMMISSION shall be deposited with such Treasurer. Upon termination of such services by a City Treasurer, he shall deliver all funds to his designated successor. The funds so received by the Treasurer shall be deposited in an account to be designated as COMMISSION account. All disbursements from the fund shall first be approved by the COMMISSION. Except for the Treasurer, none of the officers or employees mentioned in this Paragraph shall be deemed, by reason of their employment by the COMMISSION, to be employed by any of the PUBLIC AGENCIES. None of the officers or employees mentioned in this Paragraph may be members of the COMMISSION. 6. Film and Audio - Visual Supply. The film and audio- visual materials subject to the jurisdiction and control of the COMMISSION shall be held used and distributed to such place or places as may from time to time be designated by the COMMISSION. Participation in the use of such materials by the'PUBLIC AGENCIES shall be in accordance with the rules and regulations prescribed by the COMMISSION. 7. Contributions by Public Agencies. This Agreement is in continuation of and in lieu of a former Joint Powers Agree- ment. The council has existed and been in operation and is continuing to add new PUBLIC AGENCIES to its membership. The current annual membership fee is fixed at Twelve Hundred Dollars ($1,200.00) to be paid by each PUBLIC AGENCY and to entitle said PUBLIC AGENCY to membership for one (1) fiscal year. The fiscal year begins on and ends on of the next succeeding year. The COMMISSION shall determine at its annual meeting the amount of operating funds required for its operation during the succeeding fiscal year, and shall prepare a budget setting for the purposes for which said funds shall be used. The amount of such funds required for the fiscal year shall be divided by the number of PUBLIC AGENCIES members to determine the amount of the annual membership fee for each PUBLIC AGENCY. The Secretary shall then bill each PUBLIC AGENCY for its membership fee, and each PUBLIC AGENCY shall forward to the Secretary a check or warrant payable to the payee designated by the COMMISSION. Such payment shall be made within thirty (30) days after the receipt by the PUBLIC AGENCY of the bill stating the amount of the annual fee. The failure of a PUBLIC AGENCY to pay the annual fee so established shall disqualify the PUBLIC AGENCY from membership, and its member on the COMMISSION shall be dropped from said COMMISSION, and such PUBLIC AGENCY shall thereafter have no rights to receive films and audio - visual materials and no right to any interest in any funds on hand in case of termination of this Joint Powers Agreement. The COMMISSION shall have no power to and shall not expend or obligate the payment of any sum or sums of money in excess of the funds actually received by and then unencumbered in the hands of said COMMISSION. 8. Termination. This Joint Powers Agreement shall remain in force and effect until such time as a majority of the members of the COMMISSION shall agree upon the termination thereof. Any -5- PUBLIC AGENCY shall have the right to terminate its membership and withdraw from the COMMISSION at any time, provided, that such PUBLIC AGENCY shall not be entitled to any refund as the funds theretofore paid into the COMMISSION account as herein provided. The PUBLIC AGENCY withdrawing shall have no further obligation or liability under this Joint Powers Agreement, and its member on the Commission shall cease to be a member. In the event this Joint Powers Agreement is terminated by a majority of the members of the COMMISSION, all properties then owned by the. COMMISSION shall be sold, and the receipts there- from deposited in the COMMISSION account. The account shall then be divided equally between the PUBLIC AGENCIES having a member on the COMMISSION. 9. Reports. The Secretary shall prepare, or cause to be prepared, an annual report which shall include a certified audit of all receipts and disbursements from the previous year, together with an inventory of all properties owned by the COMMISSION. A copy of this.report.shall be delivered to each of the PUBLIC AGENCIES. having a member on the COMMISSION. The Secretary shall furnish such other reports and data as may from time to time be required by the COMMISSION. The COMMISSION shall keep proper books and accounts in which correct entries of all transactions shall be made. The books and accounts shall, upon written request, be subject to inspection by a duly authorized representative of each of the PUBLIC AGENCIES. 10. Method for New Public Agencies to Join the Commission. Any municipal corporation, body politic or district which has a common power which may be exercised in the manner described in Paragraph 1 hereof, may make an application to join the COMMISSION and participate in the benefits offered by this Joint Powers Agree- ment. If the application is approved by a two - thirds (2/3) vote of the members of the COMMISSION, the COMMISSION shall determine the amount of the contribution to be made to the COMMISSION account and the Secretary shall notify the applicant of such determination. The applicant may then become a member of the COMMISSION by executing this Agreement, or a counterpart thereof, and by payment of the contribution required. Upon the execution of this Joint Powers Agreement, or a counterpart thereof, said Applicant shall become a party hereto and be entitled to the privileges in the same manner as if said applicant was an original party to this Joint Powers Agreement. 11. Commission Powers. The COMMISSION shall have such powers.as are necessary to perform the duties specified in the Agreement and such.powers are subject to the same restrictions upon the manner of exercising powers as is the City of Long Beach, a chartered city. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite-their signatures. 1975 1975 1975 1975 CITY OF ALHAMBRA, A Municipal Corporation By. CITY OF ARCADIA, A Municipal Corporation By CITY.OF AZUSA, A Municipal Corporation By CITY OF BURBANK, A Municipal Corporation By INDIO CITY AND COUNTY, A Body Politic 1975 By, :i -.7 , 1975 1975 1975 1975 1975 1975 1975 . CITY OF INGLEWOOD, A Municipal Corporation By CITY OF MONTEREY PARK, A Municipal Corporation By CITY OF NEWPORT BEACH, A Municipal Corporation Byi R DEPUTY Cit CLERK CITY OF PALM SPRINGS, A Municipal Corporation BY CITY OF REDLANDS, A Municipal Corporation By CITY OF SANTA ANA, A Municipal Corporation By CITY OF SANTA MONICA, A Municipal Corporation By July 21, 1975 City Librarian 4L Joint Powers Agreemeft Ibr Audio- 11sual Inventory C -1733C Attached are three copies of subject agreement and a copy of Resolution No. 9547. Will you please forward the copy with the City Clerk's return to be signed by the other agencies and return to this office when fully executed. Doris M. George EM -,swk enc. _y i 1� RESOLUTION NO. S 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT POWERS AGREEMENT BY AND BETWEEN THE CITY OF ALY.u`IBRA, CITY OF ARCADIA CITY OF gar;, -CITE OF BURBANK, COUNTY OF KERN, CITY OF INDIO, CITY OF INGLEW09 CIONTEREY PARK, CITY OF NEWPORT BEACH, CITY PRINGS, CITY OF SANTA ANA AND CITY OF SANTA MONICA TIT - - -' CONNECTION WITH A FILM OR AUDIO - VISUAL INVENTORY WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Joint Powers Agreement by and between the City of .Alhambra, City of Arcadia, City of Azusa, City of Burbank, County of Kern, City of Indio, City of Inglewood,. City of Monterey Park, City of Newport Beach, City of Palm Springs, City of Santa Ana and City of Santa Monica in connection with a common film or audio - visual inventory in which the respective public libraries of each above - mentioned city may participate; and WHEREAS, the City Council has considered the terms and conditions of said Joint Powers Agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement for the services above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 14th day of . . July , 1975. Mayor ATTEST: City Clerk DDO /bc 7/1/75