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SR-07-22-1980-10ASanta Moni California, July 3, 1980 104 TO: Mayor and City Council JUL 2 2 W) FROM: Library Board SUBJECT: A Recommendation to Transfer Membership from One Cooperative Film Circuit to Another Introduction This report presents a recommendation of the Library Board that the City withdraw its membership in the Film Council Circuit Commission, a Joint Powers Agreement; and enter into a Joint Powers Agreement with the Public Library Film Circuit Commission. Background Cooperative film circuits are a way in which a public library can stretch its film purchasing dollar through the pooling of a portion of its film budget with that of other member libraries. The pooled funds are used to purchase and maintain 16mm films which are made available for loan to the users of each library's film service. Santa Monica has been a member of the Film Council Circuit Commission since 1959. The nominal annual membership fee, which is currently $1,000, augments the number of films available for loan to Santa Monica's film borrowers by approximately 260 films. The films are divided into packets containing twenty to thirty films which are rotated on a monthly basis among the member libraries. New films are selected by film librarians at periodic selection meetings, and the films when purchased are added to the rotating packets. The film circuit is administered by the Film Circuit Commission, composed of the library directors of the member libraries. JUL 2 2 100 Mayor and City ouncil - 2 - July 3, 1980 In order to give our film users access to a better selection of films in areas better suited to their needs, we recommend changing our affiliation from the Film Council Film Circuit (FCC) to the Public Library Film Circuit (PLFC). An analysis of the titles in the PLFC collection has revealed a greater number of films that will fill the particular demands of our users; namely: children's films, travelogs, sports films, classic comedy and feature films. In addition, PLFC films are newer and in better condition. We are receiving increasing numbers of complaints from users of FCC films that they have become outdated in subject and are in poor physical condition. Some FCC films require excessive repair by Santa Monica film staff before they can be loaned. Circulation of circuit films is beginning to decline. The more rigorous standards in PLFC for film maintenance and discard of outdated or damaged films would alleviate this problem. The organization of the Public Library Film Circuit is very simi- lar to the Film Council Film Circuit. The Joint Powers Agreements of the two circuits are virtually identical. It is governed by a Commission composed of one representative from each of the contracting agencies, designated in the by -laws as the Library Director. The Altadena Library District acts as fiscal agent, and handles all purchasing and fund accounting. The membership fee is set by the members of the Commission at their annual meeting. Currently, this is $1,000. In addition, public agencies joining PLFC must pay a one -time initiation fee of $2,500. Funds for the initiation and membership fees are available in Account 01- 400 -611- 000 -407. The City Attorney's staff has reviewed the Joint Powers Agreement and has approved it. Mayor and City 'u,uncil - 3 - July 3, 1980 Library Board Action and Recommendation The Library Board at its regular meeting of June 18, 1980 voted to recommend to the City Council that Santa Monica withdraw from the Film Council Circuit Commission and enter into the Joint Powers Agree- ment with the Public Library Film Circuit Commission. They also recommended that the City Council designate City Librarian Carol A. Aronoff as the City's representative on the Commission. Prepared by: Carol A. Aronoff Attachment: Joint Powers Agreement • t Santa.Monicai "- ,d] fornia, July 3, V //11�.980 4 TO Mayor and City Council JUL 2 2'9 FROM: Library Board SUBJECT: A Recommendation to Transfer Membership from One Cooperative Film Circuit to Another Introduction This report presents a recommendation of the Library Board that the City withdraw its membership in the Film Council Circuit Commission, a Joint Powers Agreement; and enter into a Joint Powers Agreement with the Public Library Film Circuit Commission. Background Cooperative film circuits are a way in which a public library can stretch its film purchasing dollar through the pooling of a portion of its film budget with that of other member libraries. The pooled funds are used to purchase and maintain 16mm films which are made available for loan to the users of each library's film service. Santa Monica has been a member of the Film Council Circuit Commission since 1959. The nominal annual membership fee, which is currently $1,000, augments the number of films available for loan to Santa Monica's film borrowers by approximately 260 films. The films are divided into packets containing twenty to thirty films which are rotated on a monthly basis among the member libraries. New films are selected by film librarians at periodic selection meetings, and the films when purchased are added to the rotating packets. The film circuit is administered by the Film Circuit Commission, composed of the library directors of the member libraries. 1 JUL 2 2 M0 Mayor and City Council - 2 - July 3, 1980 In order to give our film users access to a better selection of films in areas better suited to their needs, we recommend changing our affiliation from the Film Council Film Circuit (FCC) to the Public Library Film Circuit (PLFC). An analysis of the titles in the PLFC collection has revealed a greater number of films that will fill the particular demands of our users; namely: children's films, travelogs, sports films, classic comedy and feature films. In addition, PLFC films are newer and in better condition. We are receiving increasing numbers of complaints from users of FCC films that they have become outdated in subject and are in poor physical condition. Some FCC films require excessive repair by Santa Monica film staff before they can be loaned. Circulation of circuit films is beginning to decline. The more rigorous standards in PLFC for film maintenance and discard of outdated or damaged films would alleviate this problem. The organization of the Public Library Film Circuit is very siTi- lar to the Film Council Film Circuit. The Joint Powers Agreements of the two circuits are virtually identical. It is governed by a Commission composed of one representative from each of the contracting agencies, designated in the by -laws as the Library Director. The Altadena Library District acts as fiscal agent, and handles all purchasing and fund accounting. The membership fee is set by the members of the Commission at their annual meeting. Currently, this is $1,000. In addition, public agencies joining PLFC must pay a one -time initiation fee of $2,500. Funds for the initiation and membership fees are available in Account 01 -400- 611 - 000 -407. The City Attorney's staff has reviewed the Joint Powers Agreement and has approved it. I Mayor and City Council - 3 - July 3, 1980 Library Board Action and Recommendation The Library Board at its regular meeting of June 18, 1980 voted to recommend to the City Council that Santa Monica withdraw from the Film Council Circuit Commission and enter into the Joint Powers Agree- ment with the Public Library Film Circuit Commission. They also recommended that the City Council designate City Librarian Carol A. Aronoff as the City's representative on the Commission. II Prepared by: Carol A. Aronoff Attachment: Joint Powers Agreement JOINT POWERS AGREEMENT WHEREAS, the following public agencies: The ALTADENA LIBRARY DISTRICT, the CITY OF AZUSA, the CITY OF BEVERLY HILLS, BUENA PARK LIBRARY DISTRICT, the CITY OF CERRITOS, the CITY OF DOWNEY, the CITY OF HUNTINGTON BEACH, the CITY.OF MONTEREY PARK, the PALOS VERDES LIBRARY DISTRICT, the CITY OF POMONA, the CITY OF REDONDO BEACH, the CITY OF SANTA FE SPRINGS, the CITY OF SANTA MONICA, the CITY OF TORRANCE, the YORBA LINDA LIBRARY DISTRICT, and each of them maintain and operate, as a division of agency of local government, a Public Library: and 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 pro- curing 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 FOLLOWING CONTRACTING public agencies: The ALTADENA LIBRARY DISTRICT, the CITY OF AZUSA, the CITY OF BEVERLY HILLS, BUENA PARK LIBRARY DISTRICT, the CITY OF CERRITOS, the CITY OF DOWNEY, the CITY OF HUNTINGTON BEACH, the CITY OF MONTEREY PARK, the PALOS VERDES LIBRARY DISTRICT, the CITY OF POMONA, the CITY OF REDONDO BEACH, the CITY OF SANTA FE SPRINGS, the CITY OF SANTA MONICA, the CITY OF TORRANCE, the YORBA LINDA LIBRARY DISTRICT, and each of them, for and in considera- tion 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 con- stituted an entity separate and apart from the entities of the parties to this agreement, To be designated: "THE PUBLIC 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 materials. 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 6Q 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 shall elect one of its members President and he shall preside at the meetings. The term of President shall be one 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 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 thei 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 promptly be 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 $2,500.00, which shall constitute the operating fund of the Com- mission to be used for the purposed 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 sub- scribed by its participating members in any given fiscal year. In order to retain its qualification for membership 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 con- tracting 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 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 Com- mission 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. 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. ATTEST: City Clerk CITY OF SANTA MONICA, a municipal corporation 1930 By Mayor