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HomeMy WebLinkAboutResolution No. 4459 RESOLUTION NO. 4459 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE PUBLIC LIBRARY VIDEO CIRCUIT JOINT POWER AGREEMENT WHEREAS, the following public agencies: City of Commerce, City of Downey, City of El Segundo, City of Fullerton, City of Inglewood, Placentia Library District, City of Santa Monica, City of Santa Fe Springs, City of Torrance, City of Whittier and 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 procuring of videocassettes and other audiovisual materials 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 videocassette or other audiovisual materials 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 video- cassettes or other audiovisual materials, 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 1, of the Government Code of the State of California; NOW, THEREFORE, the following contracting public agencies: City of `—" Commerce, City of Downey, City of El Segundo, City of Fullerton, City of Inglewood, Placentia Library District, City of Santa Monica, City of Santa Fe Springs, City of Torrance, City of Whittier and the Yorba Linda Library District 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 considerations, do hereby promise and agree for and on behalf of themselves and their successors in interest as follows: 1. PURPOSE OF AGREMENT, COMMON POWER TO BE EXERCISED. This Agreement, made under the provisions of Article 1, Chapter 5, Division 7, Title 1 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 videocassettes and other audiovisual materials 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 setforth. 2. 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 in this Agreement, to be designated "THE PUBLIC LIBRARY VIDEO COMMISSION" hereinafter referred to as "Commission." The Commission may take, acquire, purchase, lease, hold, own, exchange, sell, convey, release, and maintain such videocassettes and other audiovisual materials 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 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 - 2 - expressed common power and for the purpose specified in Paragraph 1 hereof, subject only to such limitations and restrictions as may be setforth herein. 3. COMMISSION MEMBERS. The individual Library Directors shall be the Commissioners. The membership of this Commission shall at all times be equal to the number of contracting entities becoming and remaining as a party hereto. Each Commission member shall file with the Commission a Certified copy of the Resolution of the contracting public agency which appointed her /him. The Commission shall elect one of its members as • President, he /she shall preside at the meetings. The term of the President shall be one year, a President may not succeed herself /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 by a 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 hours before the time of such meeting. The call and notice shall specify 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. No business may be transacted without a quorum of the members of the Commission present. A quorum shall consist of a simple majority or more of the members, and vote of the 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. 5. COMMISSION EMPLOYEES. The Commission shall have the power to employ and engage such persons as may be deemed necessary in carrying out the purpose of this Agreement. 6. TREASURER OR DEPOSITORY AND AUDITOR. The Commission shall designate, from time to time, the Treasurer of one of the contracting parties to have custody of all money of the Public Library Video Circuit, from whatever source. The Treasurer shall be Auditor. The Treasurer shall file an official bond in the sum of $50,000, or such amount as may, from time to time, be prescribed by the Commission. The Auditor shall contract with a Certified Public Accountant to make an annual audit of the accounts and records of the Circuit. Where an audit of an account and records is made by a Certified 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 agencies is located. Such reports shall be filed within twelve months of the end of the fiscal year, or years, under examination. 7. VIDEOCASSETTES AND OTHER AUDIOVISUAL MATERIALS. The videocassettes and other audiovisual materials 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, and liability for loss or damage of such material by agencies of the contracting parties shall be in accordance with the rules and regulations prescribed by the Commission. The Treasurer shall bill all such participants and all receipts shall promptly be turned over to the Treasurer • -3- for deposit to a special account which shall be maintained as the Commission's Account. 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 membership on the Commission, and to receive the benefits of participation in said videocassettes and other audiovisual materials, each contracting party shall contribute its prorata share of said funds. 8. 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 hereof. 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 or materials. The contracting entity shall have no further obligation or liability under this Agreement. In the event this Agreement shall terminate by election of the majority of members of the Commission, all properties and surplus money owned by the Commission will be returned in proportion to the contributions made up to the time the Agreement is terminated. 9. INDEMNIFICATION AND INSURANCE. The Commission shall indemnify and hold harmless each member agency, its officers, agents and employees. from all claims, demands, or liability arising out of, or encountered in connection with this Agreement and the activities conducted hereunder, and shall defend them and each of them against any claim, cause of action, or damage resulting therefrom. The Commission shall secure and keep in effect during the term of this Agreement, the following described insurance with the minimum limit provided: Comprehensive general liability insurance naming each member agency as additional insured with a limit of not less than One Hundred Thousand Dollars ($100,000). Each policy of insurance shall provide for a thirty day (30) written notice of cancellation, reduction of coverage or non - renewal. Certificates of Insurance for the insurance required under this paragraph shall be furnished to each agency signatory hereto within thirty days of the effective date of this Agreement. 10. METHOD OF NEW PUBLIC AGENCIES TO JOIN COMMISSION. Any public agency which has a common power, as setforth in Paragraph 1, 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 vote thereof consents to the new public agency joining the Commission. The amount of the annual membership fee shall be decided by a two - thirds vote of the Commission membership no later than six months prior to the beginning of the next fiscal year. 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 signature. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 14th day of August, `- . ATTEST: A . 4" .. - - A J Randall R. Barb, '•yor L _.=401 .uty City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 14th day of August, 1984, by the following vote, to wit: AYES: 5 Council Members: Santangelo, Davila, Boggs, Cormack, Barb NOES: 0 Council Members: None ABSENT: 0 Council Members: None AMZ 41110 el) r-:. y City Cler'