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HomeMy WebLinkAboutResolution No. 5856RESOLUTION NO. 5856 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a contract, lease or agreement with Marin County Superintendent of Schools Office for Film Library Services a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday the 4th day of February , Ig 80 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen v A � �- -A Qz: J . LEONCINI,)City Clerk ��,�tG11P1AL ,� AGREEMENT FOR FILM LIBRARY SERVICES FOR NON-PUBLIC INSTITUTIONS OF HIGHER EDUCATION AND NON-PUBLIC SCHOOLS (As Provided in Sec. 1251 Education Code) This agreement is made and entered into this February 5, 1980 by and between the Marin County Superintendent of Schools Office and City of San Rafael Recreation Department for the period February 5, 1980 through until cancellation The authority for this agreement is State Education Code, Sec. 1251. The purpose of the agreement is to provide 16mm picture film service to the Education Unit (s) mentioned for the period designated, which may include Summer School classes. Hereafter Marin County Superintendent of Schools will be referred to as the County and the Education Unit (s) as the borrower. AGREEMENT The County shall provide the borrower the following 16mm services subject to conditions stated herein: 1. The starting date for service under this contract will be February 51 1980 The agreement will continue in force unless terminat-ed as provided elsewhere in this contract. 2. The. borrower shall meet requirements specified in Education Code 48222 and Revenue Taxation Code 214. 3. Films are to be used within the schools of the contracting borrower and may not be sub -delivered or used in schools or classes of the borrower that do not contract with the County. 4. The contract will continue in subsequent years unless the borrower with- draws from the agreement by giving notice six months prior to the be- ginning of the next fiscal year. 5. The terms may be changed by mutual agreement of the two parties at any time. 6. Films will be picked up and returned to the Instructional Media Center of the County by the properly authorized borrower. Rep- resentatives or agents of the borrower must come to the "will call" area of the County Office Film Library to pick up the films and must return films to the same place on the agreed upon return date. �... Films are available when "not needed by the County" (Sec. 1251 and in event of conflicting requests, the County would receive preference. Films may be reserved not more than one calendar week in advance. 8. The entire film library is available to the contracting borrower. Borrowers are responsible to review films being shown to the students. The County is not liable for material in films which does not fit the religious, social, psychological, or other values or beliefs of students and parents of the borrower.. The utilization of the film is the respon- sibility of the borrower. 5. The previewing of films that are not in the film library is not part of this contract. Contracting non-public borrowers will not participate directly in the preview, selection, or purchase decisions that provide new films for ,the Film Library. 10. Film service to a borrower under this contract may be withdrawn if. in the opinion of the County there is excessive damage to films or if films are lost or stolen. Loss or excessive damage of films while in the possession of the borrower and its agents is the responsibility -)f the borrower. The County shall have the right to determine what is loss or excessive damage. 11. Each borrower will pay an initial non-refundable amount of $200. 00 when beginning the contract. The payment is for the initial contract only. If a contract is not continued each year, the borrower must make a similar initial payment when the borrower recontracts with the County. Payment of $200. 00 will be made on or before the date first service begins. 12. The cost for film service will be $6. 00 for each film for each day of use. Failure to return a film on the agreed upon date will automatically result in a charge for an additional booking at $6. 00 per day. Each reel, no matter if in color or of what length, is defined as a film. 13. During the first year of contracting the film use charges will be deducted from the $200. 00 initial amount. Any balance will not apply to subsequent years. When more than the $200. 00 is used in the first year, the borrower will be billed for the amount used that is in excess of $200. 00. Billing will occur on a quarterly basis. 14. Catalogs will be available to the borrower as follows: a. One catalog provided free for each school site. b. Additional catalogs needed can be purchased at the cost of production. 15. The borrower is bound by all restrictions agreed to with the producers of the film (e. g. use in fund raising, T. V. transmission, etc. ) by the County. -2- j 16. The borrower agrees not to copy the films in any way. 17. This contract does not include the borrowing or loan of A-V equipment. This agreement is for the school year 1979-1980 Neither party is bound to renew any of the provisions contained in it for any subsequent period of time. The authorized representatives of the County and the borrower have agreed upon the conditions of this contract and have affixed their signatures to it on the date specified below. Borrower Date Febrza 5, 1980 s � , `-' ---� ATTEST: Lawrence E. Mulryan, Mayor City of San Rafael,P.O. Box 60, San Rafael 156-1112 Marin County Superintendent of Schools Approved as to Form: . - 81�� - EDMUND A. D GG N, City Attorney M. LBDNCINI, CITY CLERK Date L /� Approved by the Marin County Board of Education, July 10, 1973 -3-