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HomeMy WebLinkAboutC-2673 - Joint Power Agreementt n u = e:. C9G I FO M1N`r (OUN(II AGENDA F-3 (d) NEWPORT BEACH PUBLIC L� 856 SAN CLEMENTE DRIVE • NEWPORT BEACH, CA 92660 • (714) 644.3177 C -z�1-3 September 23, 1987 `9 To: Robert L. Wynn, City Manager Sl >' �1nj✓ Q J From: LaDonna Kienitz, City Librarian RE: Joint Powers Agreement Southern California Film Circuit 4'����„ The Board of Library Trustees, at its meeting on September 17, 1987, approved "The Joint Powers Agreement - Southern California Film Circuit." The contract has been approved by the Office of the City Attorney, September 20, 1987. Memo is attached. We are forwarding the agreement for approval of the City Council at a convenient time. Background Information: The purpose of this organization is to enlarge, through cooperative efforts, the number of films available to the patrons of the local participating libraries. The Newport Beach Public Library has been participating in this Circuit since July 1986. Prior to that, the Library was a member of the Film Council Film Circuit, which merged into this current organization. Membership of the Circuit, 1987 -88, includes: Beverly Hills Public Library, Fullerton Public Library, Glendale Public Library, Inglewood Public Library, Newport Beach Public Library, Palmdale City Library, Santa Fe Springs Library, Santa Monica Public Library, and Whittier Public Library. The Fiscal agent for the Circuit is Gertrude Hill, Whittier City Treasurer. The Newport Beach Public Library pays $2500 annually for membership in this cooperative. LTK:mm enclosure BY THE CITY COUNCIL CITY OF NEWPORT BEACH OCT It MY APPROVED BRANCH LIBRARIES BALBOA BRANCH CORONA DEL MAR BRANCH MARINERS BRANCH NEWPORT CENTER BRANCH 100 E. Balboa Blvd. 420 Marigold Ave. 2005 Dover Dr. 856 San Clemente Dr. Balboa, CA 92661 Corona Del Mar, CA 92625 Newport Beach, CA 92660 Newport Beach, CA 92660 644 -3171 644- 3135 644- 3145 644.3191 0 • NEAORT BEACH PUBLIC LIBRARY F 856 SAN CLEMENTE DRIVE a NEWPORT BEACH, CA 92660 a (714) 644.3177 /VO f'2 J September 3, 1987 To: \Carol Korade, Assistant City Attorney From: LaUonna Kienitz, City Librarian I RE: Joint Powers Agreement for the Southern California Film Circuit Nlw U� �V r I am attaching the draft contract supplied re: membership in the Southern California Film Circuit. Please comment on the contract. If it seems appropriate - or when modified - I will present it to the Library Board. Background Information: The purpose of this organization is to enlarge, through cooperative efforts, the number of films available to the patrons of the local participating libraries. The Library has, in effect, been a member of this Circuit since July 1986, and preceding that, the Film Council Film Circuit, which merged into this current organization. Membership of the Circuit, 1987 -88, includes: Beverly Hills Public Library, Fullerton Public Library, Glendale Public Library, Inglewood Public Library, Newport Beach Public Library, Palmdale City Library, Santa Fe Springs Library, Santa Monica Public Library, and Whittier Public Library. The fiscal agent for the Circuit is Gertrude Hill, Whittier City Treasurer. BRANCH LIBRARIES BALBOA BRANCH CORONA DEL MAR BRANCH MARINERS BRANCH NEWPORT CENTER BRANCH 100 E. Balboa Blvd. 420 Marigold Ave. 2005 Dover Dr. 856 San Clemente Dr. &lbw, CA 92661 Corona Dal Mar, CA 92625 Newport Beach, CA 92660 Newport Beach, CA 926W 644.3171 644.3135 644 -3145 644.3191 0 JOINT POWERS AGREEMENT 71 SOUTHERN CALIFORNIA FILM CIRCUIT C -z6;73 WHEREAS, each of the public agencies provides the necessary public funds for the operation of the public libraries; and WHEREAS, each of the public agencies has the power to approve the expenditure of funds on the part of the public library for the procuring of films to be made available to persons utilizing the public library facilities; and WHEREAS, it has been found and determined that the creation of a common film or audio visual inventory in which the respective public library of each of the public agencies may participate will greatly increase the availability of a more extensive supply of films or audio visual media, thereby providing additional benefit to all persons using the respective library facilities as the same are maintained by each of the public agencies; and WHEREAS, the public agencies are authorized to contract with each other for the joint exercise of any common power under Article I, Chapter 5, Division 7, Title I, 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 for and on behalf of themselves and their successors in interest as follows: I PURPOSE OF AGREEMENT, COMMON POWER TO BE EXERCISED This agreement, made under the provisions of Article I, Chapter 5, Division 7, Title I 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 shall be made available to the public library of each of the contracting agencies on a participating basis. The purpose will.be accomplished and the common power exercised in the manner hereinafter set forth. II THE COMMISSION, ITS POWERS AND RESTRICTIONS To administer and execute this agreement, there is hereby constituted an entity separate and apart from the entities of the parties to this agreement, To be designated: "THE SOUTHERN CALIFORNIA LIBRARY FILM CIRCUIT COMMISSION," hereinafter sometimes 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 media as may be deemed to be in the mutual interest of the parties hereto. The Commission shall prescribe rules, regulations and standards, under and by virtue of which the library facilities of the several contracting entities may participate in the use of all such material. The Commission shall have the power to appoint or employ such officers, agents and professional services as may, from time to time, appear reasonable and necessary in the exercise of its powers under this agreement and shall do all other acts necessary for the exercise of the expressed common power and for the purpose specified in Paragraph I hereof, subject only to such limitations and restrictions as may be set forth herein. III COMMISSION MEMBERS The membership of the Commission shall at all times be equal to the number of contracting entities becoming and remaining as a party hereto. Within 60 days after the execution of this Agreement, the governing body of each contracting public agency shall appoint one member who shall be its representative on the Commission. The member shall serve and be subject to removal and replacement at the pleasure of the contracting public agency appointing him and on resignation, removal or incapacity of any member, the contracting public agency that appointed such member shall within 60 days appoint a replacement. Each Commission member shall file with the Commission a certified copy of the Resolution of the contracting public agency which appointed him. The Commission U Ll shall elect one of its members President and he shall preside at the meetings. The term of President shall be 1 year and a President may not succeed himself to a successive term. IV 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 of the members. A special meeting may be called by the President, or upon written demand by one -third of the members of the Commission, by delivering personally or by mail written notice to each Commission member. Such notice must be delivered personally or mailed at least forty - eight (48) hours before the time of such meeting. The call and notice shall specify the time and place of the meeting and the business to be transacted. Business other than as specified in said notice may be considered at such special meeting only upon consent of a quorum of those members present. 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 which shall be public documents and available for inspection at the office of the Secretary at all times. Each member shall receive such compensation for this service as shall be determined and paid by the contracting agency appointing him. No business may be transacted without the quorum of the members of the Commission being present. A quorum shall consist of three - fourths or more of the members, and a vote of a majority of the Commissioners present shall be required to transact business. The Commission shall adopt appropriate rules, not inconsistent herewith, for the orderly transaction of its business. V COMMISSION EMPLOYEES The Commission shall have the power to appoint a Secretary, and may employ and engage such other persons as may be deemed 9 0 necessary in carrying out the purposes of this agreement. The Secretary and other persons engaged shall receive such compensation as may be fixed by the Commission. The Treasurer of the Commission shall be the person who shall, from time to time, be acting as the Treasurer of the City of one of the contracting members, designated by the Commission from time to time. Except for the Treasurer, none of the officers or other employees mentioned in this paragraph shall be deemed, by reason of their employment by the Commission, to be employed by any of the contracting public agencies. None of the officers or employees mentioned in this paragraph may be members of the Commission. VI FILM AND AUDIO VISUAL SUPPLY The film and audio visual material subject to the jurisdiction and control of the Commission shall be held, used, replaced at such place or places as may from time to time be designated by the Commission. Participation in the use of all such material by agencies of the contracting parties shall be in accordance with the rules and regulations prescribed by the Commission. The Secretary shall bill all such participants, and all receipts shall be promptly turned over to the Treasurer for deposit to a special account which shall be maintained as the Commission's Account. During the first year of its operation, each of the contracting agencies agrees to pay to or cause to be paid through one of its agencies the sum of $500.00 which shall constitute the operating fund of the Commission to be used for the purposes herein set forth. The Commission shall determine at its annual meeting the amount of funds required for its operation during the year, and shall prepare a budget in accordance with such determination. The Commission shall not expend or obligate itself for any sum or sums in excess of its operating budget for any given fiscal year, or the total of the shares subscribed by its participating members in any given fiscal year. In order to retain its qualification for member- ship on the Commission and to receive the benefits of participation in said film and audio visual material, each contracting party shall contribute its pro rata share of said funds. VII TERMINATION This 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 contracting public agency shall have the right to terminate its membership and withdraw from the Commission at any time, provided, however, that such contracting public agency shall not be entitled to any refund as to funds theretofore paid into the Commission Fund as herein provided. The city withdrawing shall have no further obligations or liability under this agreement. In the event this agreement shall terminate by election of the majority of members of the Commission all properties then owned by the Commission shall be sold and the receipts therefrom deposited in the Commission's Account. The Account shall then be divided equally among each contracting public shall then be divided equally among each contracting public agency having a member on the Commission. VIII 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 material owned by the Commission. A copy of this report shall be delivered to each of the contracting public agencies having a member on the Commission. The Secretary shall furnish such other reports and data as may, from time to time, be requested 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 any duly authorized representative of each of the contracting public agencies. IX METHOD FOR NEW PUBLIC AGENCIES TO JOIN THE COMMISSION Any public agency which has a common power, as set forth in Paragraph I of this agreement, may join the Commission by executing 0 this Agreement and agreeing to abide by the terms thereof, provided, the Commission created hereunder by a two - thirds (2/3) vote thereof consents to the new public agency joining the Commission. The Commission shall prescribe the amount of money that shall be deposited by the new public agency joining the Commission as a prerequisite to its becoming a member. APPROVED BY the Board of Library Trustees of the Newport Beach Public Library, Newport Beach, California, on the 15th day of September , 1987. J of Library Trustees h� ,6- Holle Wilkinson, Secretary Board of Library Trustees THIS AGREEMENT was passed and adopted by the City Council of Newport Beach, California, on this October • 1987. APPROVED: City Attorney 12th day of Jo7rn C. Cox, Jr., y�r City of Newport B / New rt Beach, C ifornia ATTEST: ;