HomeMy WebLinkAboutC-2405 - Videoplan Videocassette Service Program AgreementPROFESSIONAL MEDIA SERVICE BORE
s,
APR 61984
April 2nd, 1984
Ms. Wanda E. Andersen
City Clerk
City Hall
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Ms. Andersen:
Thank you for your letter of March 29th and the executed VIDEOPLAN
agreements.
As requested, we have countersigned each copy, and are returning,
enclosed, two (2) copies of each agreement.
By copy of this letter, we are advising the Library of our receipt
and execution of these agreements, and our inception of the activities
which will culminate in installation of the VIDEOPLAN collections
in each of the two libraries.
Encls.
cc: Ms. Judith Clark, Director
Newport Beach Public Library
1448 WEST ROSECRANS AVENUE • OARDENA, CALIFORNIA 90249 • (213) 532 -9024
0
CITY CLERp
This agreement by and between Professional Media Service Corporation (herein-
after referred to as PMSC), Newport Beach Public Library (hereinafter referred
to as the Library), and the Board of Library Trustees (hereinafter referred to
as the Board), sun narizes the points under which PMSC will furnish the Library
with a collection of videocassettes which the Library shall rent to its regis-
tered borrowers, and for which the Library shall share its gross receipts from
this program with PMSC.
1. The Collection:
PMSC shall select and provide to the Library a Basic Collection of no less
than one hundred (100) videocassettes in 1/2" VHS and /or Beta format, in the
following proportion:
The collection shall be comprised of popular items (feature films, includ-
ing westerns, dramas, adventure stories, etc.), and how- to -do -it titles,
documentaries and children's films. While the collection will be chosen
to reflect and stimulate popular demand, it will conform to the Library's
standards of good taste and dignity. The Library shall have the express
right to return for prompt replacement any item it may find objectionable.
The Board shall retain the right to review Videoplan selections.
2. Ownership:
The videocassettes and support equipment (containers, display cases and
promotional materials) supplied to the Library by PMSC shall remain the
property of PMSC, unless and until purchased from PMSC by the Library as
herein provided.
3. Support Equipment:
Video tape covers will be housed in a display case with the tapes placed
elsewhere in storage trays. PMSC will furnish equipment for both types
of storage units. The height of the cassette carousels shall not exceed
the present level of cabinets or block the open view and space. The
Board shall retain the right to review placement of the support equipment.
Display and location of support equipment and merchandising methods are
subject to approval of the Board.
4. Responsibilities of the Library:
a. The Library will neither pay nor be obligated for the cost of the
videocassettes, circulation and support equipment supplied by PMSC
under this program, except for insurance and other safeguards as
stipulated in the agreement.
b. The Library will rent the PMSC- supplied videocassettes to its regis-
tered borrowers in accordance with the attached VIDEOCASSETTE SERVICE
COLLECTION fee and procedure outline, which become a part of
this agreement. The Library will not alter these terms or procedures
without the written consent of PMSC.
-1-
AGREEMENT S •
C. The Library will, by the tenth (10th) of each month, provide PMSC
with an accounting of the revenues received from this videocassette -
rental program during the previous month, and will remit to PMSC with
that accounting an amount equal to eighty percent (80%) of those
gross receipts.
d. The Library will exercise reasonable care and control of the video-
cassettes and will reimburse PMSC for patron- caused loss or damage.
This reimbursement obligation is limited to the amount actually re-
covered by the Library from the patron, and it is further agreed that
the procedure for recovery will be that normally used by the Library
for other materials. The amount remitted to PMSC shall not exceed
the original cost of the item and its processing.
e. The Library will maintain insurance for the full value ($5,500) of
the PMSC- supplied basic (100) videocassettes and will remit to PMSC
the proceeds of any claim which may arise from loss of the materials
due to fire, flood or other normally insurable loss. Any increase
in the number of videocassettes, over and above the basic collection,
will be valued at no more than $55.00 per videocassette. This value
will be supported by an invoice supplied by PMSC.
f. The Board shall retain the right to approve check -out procedures at
the Library circulation desk.
5. Sales Tax:
Accounting, reporting and payment of the California sales tax shall be
the responsibility of PMSC.
6. Period of Agreement:
The Library agrees to maintain its PMSC- supplied videocassette rental pro-
gram in operation for a minimum of two (2) years from the date of the first
rental. Thereafter, it may serve notice of intent to discontinue the pro-
gram, which notice shall be given no less than sixty (60) days prior to the
intended termination date. PMSC agrees to accept such notice of termina-
ton, at any time following two (2) years of operation of the rental program
by the Library.
However, inasmuch as this is an experimental program, PMSC my review cir-
culation figures after six (6) months and cancel if not profitable. Con-
versely, the Board may review the program's impact on other Library func-
tions after six (6) months and cancel if, in their opinion, said impact is
unusually disruptive to Library operations.
In the event of such determination, PMSC is required to notify the Library
of its intent to discontinue no less than sixty (60) days prior to such
action. In the event of such discontinuance, the videocassettes and sup-
port equipment shall be returned to PMSC by the Library, freight collect.
-2-
AGREEMENT • •
7. Library Purchase Rights:
The Library may purchase any of the videocassettes supplied by PMSC after
two years of program operation have elapsed. The Library shall have the
right to purchase at a price equal to fifty percent (50 %) of the original
cost of the item, such cost being defined as its retail price plus the
cost of processing.
8. Supplementing the Collection:
PMSC agrees to supplement the collection through the provision of newly
released and other popular videocassettes, to maintain the growth of the
Library's circulation. The supplemental supply of videocassettes shall
not start for six (6) months following initial Videoplan installation,
unless patron demand diminishes the on -hand inventory to a detrimental
level. PMSC will supply additional videocassettes to keep pace with
demand.
9. Deliver one (1) Videoplan on or about May 14, 1984, to:
Library Name Mariners Branch
Street Address 2005 Dover Drive
City, State & Zip Newport Beach, CA 92660
Contact Person Frank Eastman Telephone 640 -2141
ATTEST:
City Clerk
••••• alb • ao•
CITY OF NEWPORT BEACH,
Prof sio Media Service Corp.
l448LZg.s,6 Rosecrans Avenue
Gardena, CA 90249
ATIACH14ENT: Videocassette Service Collection
-3-
! •
VIDBOCISSE TE SERVICE COLLECTION
In addition to our free collection of other audio - visual materials, the Library
has established a service collection of new and popular 1/2 inch videocassettes
for registered borrowers 18 years of age and older.
This special videocassette service is totally self - supporting, and has not
involved the use of taxpayer or other funds budgeted for Library operations.
VIDEOPLAN, as we call it, is a recreational service provided to the Library's
users as follows:
1. VHS 1/2 inch videocassettes may be borrowed for a MINIMUM SERVICE CHARGE
of $2.00 PER NIGHT. No charge will be made for Sundays or holidays. For
same day check -out and return, the service charge is also $2.00.
2. Videocassettes may be kept for a maximum of 4 nights at the service charge
of $2.00 per night. Beginning on the 5th night, the service charge is
$5.00 per night.
3. No reservations will be taken at any time for these videocassettes.
4. Full replacement cost will be charged for damage or loss of videocassettes.
There will be a $4.00 charge for damage or loss of the videocassette case.
The borrower's signature on the circulation card signifies receiving the
videocassette in good condition.
5. All videocassettes must be personally returned to the audio - visual office
or circulation counter. If returned in the book drop or other branch,
the borrower will be charged an additional $2.00
6. A valid library card, current driver's license or equivalent identification
and verification of the borrower's address will be required at time of
check -out.
7. A catalog identifying all titles in the videocassette collection is avail-
able. New titles will be added in response to borrower demand, and the
Library welcomes suggestions for additions to the collection.
B. To request a videocassette, please see the Audio - Visual or Reference
Librarian.
-4-
•
•
CITY CLERK
This agreement by and between Professional Media Service Corporation (herein-
after referred to as PMSC), Newport Beach Public Library (hereinafter referred
to as the Library), and the Board of Library Trustees (hereinafter referred to
as the Board), summarizes the points under which PMSC will furnish the Library
with a collection of videocassettes which the Library shall rent to its regis-
tered borrowers, and for which the Library shall share its gross receipts from
this program with PMSC.
1. The Collection:
PMSC shall select and provide to the Library a Basic Collection of no less
than one hundred (100) videocassettes in 1/2" VHS and /or Beta format, in the
following proportion:
The collection shall be comprised of popular items (feature films, includ-
ing westerns, dramas, adventure stories, etc.), and how -to -do-it titles,
documentaries and children's films. While the collection will be chosen
to reflect and stimulate popular demand, it will conform to the Library's
standards of good taste and dignity. The Library shall have the express
right to return for prompt replacement any item it may find objectionable.
The Board shall retain the right to review Videoplan selections.
2. Ownership:
The videocassettes and support equipment (containers, display cases and
promotional materials) supplied to the Library by PMSC shall remain the
property of PMSC, unless and until purchased from PMSC by the Library as
herein provided.
3. Support Equipment:
Video tape covers will be housed in a display case with the tapes placed
elsewhere in storage trays. PMSC will furnish equipment for both types
of storage units. The height of the cassette carousels shall not exceed
the present level of cabinets or block the open view and space. The
Board shall retain the right to review placement of the support equipment.
Display and location of support equipment and merchandising methods are
subject to approval of the Board.
4. Responsibilities of the Library:
a. The Library will neither pay nor be obligated for the cost of the
videocassettes, circulation and support equipment supplied by PMSC
under this program, except for insurance and other safeguards as
stipulated in the agreement.
b. The Library will rent the PMSC- supplied videocassettes to its regis-
tered borrowers in accordance with the attached VIDEOCASSETTE SERVICE
COLLECPION fee and procedure outline, which become a part of
this agreement. The Library will not alter these terms or procedures
without the written consent of PMSC.
-1-
C. The Library will, by the tenth (10th) of each month, provide PMSC
with an accounting of the revenues received from this videocassette -
rental program during the previous month, and will remit to PMSC with
that accounting an amount equal to eighty percent (80 %) of those
gross receipts.
d. The Library will exercise reasonable care and control of the video-
cassettes and will reimburse PMSC for patron- caused loss or damage.
This reimbursement obligation is limited to the amount actually re-
covered by the Library from the patron, and it is further agreed that
the procedure for recovery will be that normally used by the Library
for other materials. The amount remitted to RISC shall not exceed
the original cost of the item and its processing.
e. The Library will maintain insurance for the full value ($5,500) of
the PMSC- supplied basic (100) videocassettes and will remit to PMSC
the proceeds of any claim which may arise from loss of the materials
due to fire, flood or other normally insurable loss. Any increase
in the number of videocassettes, over and above the basic collection,
will be valued at no more than $55.00 per videocassette. This value
will be supported by an invoice supplied by PMSC.
f. The Board shall retain the right to approve check -out procedures at
the Library circulation desk.
5. Sales Tax:
Accounting, reporting and payment of the California sales tax shall be
the responsibility of PMSC.
6. Period of Agreement:
The Library agrees to maintain its PMSC- supplied videocassette rental pro-
gram in operation for a minimum of two (2) years from the date of the first
rental. Thereafter, it may serve notice of intent to discontinue the pro-
gram, which notice shall be given no less than sixty (60) days prior to the
intended termination date. PMSC agrees to accept such notice of termina-
ton, at any time following two (2) years of operation of the rental program
by the Library.
However, inasmuch as this is an experimental program, PMSC may review cir-
culation figures after six (6) months and cancel if not profitable. Con-
versely, the Board may review the program's impact on other Library func-
tions after six (6) months and cancel if, in their opinion, said impact is
unusually disruptive to Library operations.
In the event of such determination, PMSC is required to notify the Library
of its intent to discontinue no less than sixty (60) days prior to such
action. In the event of such discontinuance, the videocassettes and sup-
port equipment shall be returned to PMSC by the Library, freight collect.
-2-
AGREED= • s
7. Library Purchase Rights:
The Library may purchase any of the videocassettes supplied by PMSC after
two years of program operation have elapsed. The Library shall have the
right to purchase at a price equal to fifty percent (50 %) of the original
cost of the item, such cost being defined as its retail price plus the
cost of processing.
8. Supplementing the Collection:
PMSC agrees to supplement the collection through the provision of newly
released and other popular videocassettes, to maintain the growth of the
Library's circulation. The supplemental supply of videocassettes shall
not start for six (6) months following initial Videoplan installation,
unless patron demand diminishes the on -hand inventory to a detrimental
level. PMSC will supply additional videocassettes to keep pace with
demand.
9. Deliver one (1) Videoplan on or about May 14, 1984, to:
Library Name Newport Center Branch Library
Street Address` 856 San Clemente Drive
City, State & Zip Newport Beach, CA 92660
Contact Person Leola Conner Telephone 640 -2246
ATTEST:
City Clerk
h_ • • :.•TSi-iti�� -iii•
a
ty Attorney
CITY OF NEWPORT BEACH,
Inor
xe •
•
Peter-r. Ja96bs, President
ProfesSierfal Media Service Corp.
1448 West Rosecrans Avenue
Gardena, CA 90249
ATPAO- 2,04T: Videocassette Service Collection
-3-
0 0
VIDEOCASSETTE SERVICE COLLECTION
In addition to our free collection of other audio - visual materials, the Library
has established a service collection of new and popular 1/2 inch videocassettes
for registered borrowers 18 years of age and older.
This special videocassette service is totally self- supporting, and has not
involved the use of taxpayer or other funds budgeted for Library operations.
VIDBOPLAN, as we call it, is a recreational service provided to the Library's
users as follows:
1. VHS 1/2 inch videocassettes may be borrowed for a MINDIM SERVICE CHARGE
of $2.00 PER NIGHT. No charge will be made for Sundays or holidays. For
same day check -out and return, the service charge is also $2.00.
2. Videocassettes may be kept for a maximum of 4 nights at the service charge
of $2.00 per night. Beginning on the 5th night, the service charge is
$5.00 per night.
3. No reservations will be taken at any time for these videocassettes.
4. Full replacement cost will be charged for damage or loss of videocassettes.
There will be-a $4.00 charge for damage or loss of the videocassette case.
The borrower's signature on the circulation card signifies receiving the
videocassette in good condition.
5. All videocassettes must be personally returned to the audio - visual office
or circulation counter. If returned in the book drop or other branch,
the borrower will be charged an additional $2.00
6. A valid library card, current driver's license or equivalent identification
and verification of the borrower's address will be required at time of
check-out.
7. A catalog identifying all titles in the videocassette collection is avail-
able. New titles will be added in response to borrower demand, and the
Library welcomes suggestions for additions to the collection.
8. To request a videocassette, please see the Audio - Visual or Reference
Librarian.
-4-
CILY OF NEWPORT BJACH
MEMORANDUM: From Judy Clark, Library Director?
TO....... Ci.ty.. Clerk ...... ............................... ... ...................,March, 21...4 19.84...
RE: Agreement - Videoplan, A No -Cost Videocassette Service Program Exclusively
for Libraries
r
1.) The City Attorney has reviewed and approved the Videoplan agreement.
2.) After City Council approval, please prepare one Contract /Agreement
for each of the following Branches:
Newport Center Branch
address: 856 San Clemente Drive
Newport Beach, CA 92660
contact: Leoia Conner telephone: 640 -2246
Mariners Branch
address: 2005 Dover Drive
Newport Beach, CA 92660
contact: Frank Eastman telephone: 640 -2141
3.) Please send ten (10) executed copies, each, of the agreement, as
referenced in Paragraph #2, to Library Administration.
Thank you.
JMC /RR /clh
P"IY WMW 0
PWY na WCONO Y 0
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C -ayo5
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK (714) 640 -2251
Mayor
Evelyn R. Hart
Mayor Pro Tern
March 29, 1984
Philip R. Maurer
Council Members
Bill Agee
John C. Cox Jr.
Peter J. Jacobs, President
Jackie Heather
Professional Media Service Corp.
Ruthelyn Plummer
1448 West Rosecrans Avenue
Donald A. Strauss
Gardena, CA 90249
Dear Mr. Jacobs:
F
Enclosed are the originals and two copies each of the
agreements for VIDEOPLAN between the City of Newport Beach
and PMSC. The agreements were approved by the City Council
on March 26, 1984.
Please execute all copies and return the originals and one
copy each. Retain one copy each for your records.
If you have any questions, please call me.
Sincerely,
Wanda E. Andersen
CITY CLERK
WEA:lr
Enclosures (6)
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
�J
CITY OF NEWPORT BEACH
LIBRARY DEPARTMENT
0
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
MAR 2 61984
March 26, 1984
Agenda Item No
TO: The Honorable Mayor and Members of the City Council
FROM: The Board of Library Trustees
AGENDA ITEM: Consent Calendar
SUBJECT: VJDEon,N, A No -Cost Videocassette Service Program Exclusively for
Libraries .
Item Submitted For: Information and approval.
Recommendation:
It is recommended that the City Council approve the VIDEOPLAN Agreement.
Background and Discussion:
VIDEOPLAN is a pilot program offered to Newport Beach Public Library by
Peter J. Jacobs, President of Professional Media Service Corp., an extreme-
ly reputable company in the library business community from whom Newport
Beach Public Library purchases 95% of its records and cassettes.
This pilot program was initiated in January, 1984, at Clark County, Las
Vegas, Nevada.
THE PROGRAM: VIDEOPLAN provides a complete videocassette collection,
storage and display equipment, and circulation - stimulating
promotional materials at no cost to the library.
HOW IT WORKS: VIDEOPLAN provides a basic collection of approximately 100
videocassettes, each fully cataloged and processed, ready
for immediate circulation. Selections will include feature
films (dramas, adventure, westerns, comedies, etc.), how-to -
do-it titles, documentaries and children's films.
WHAT IT COSTS: VIDEOPLAN costs the Library nothing. It is totally self -
supporting. No purchase order is required, nor must the
Library encumber, obligate or budget any funds.
All that is required is that the Library agree to rent the
videocassettes to its patrons and share its revenues with
Professional Media Service Corp.
March 26, 1984
Memo to Hon. Mayor and Members of City Council
Page Two
RE: VIDEOPLAN
The Board of Library Trustees has discussed the proposal in depth with
Mr. Jacobs and Library staff. It has been reviewed thoroughly, and changes
were made by the Board where deemed appropriate or necessary. The Board
has been considering, and will continue to review, proposals for new
library services. Of particular interest are those that are provided at
no -cost, and that generate revenue for the Library.
The implementation of the videocassette program, VIDEOPLAN, meets two of
the Library's objectives for the coming year as stated in the preliminary
1984 -85 Library budget: (1) to strengthen each branch's services through
new and improved no -cost or low -cost programs; (2) to provide a new video-
cassette program, VIDEOPLAN, a rental service which will augment the exist-
ing collection at no expense to the Library.
Mary Z Richm6nd, Chairman
Board of Library Trustees
MLR /JMC /clh