CM-08-06-167DATE: June 3, 08
SUBJECT: City Manager Approval — June 6, 2008
ITEM: Interlocal Cooperation Contract authorizing use of CORR Library Video
Department: Library
Staff Person: Janette Johnston
Justification:
We will be receiving $500.00 in revenue from the Texas State Library. In
exchange, the State Library will make the video available for any library in the state to
use to promote their own local reading programs.
NA
Funding:
Cost:
NA
Outside Resources: NA
Background Information:
This is the fourth year we have produced a summer reading video to promote
our reading program, and after the folks at the State Library saw the one we did last
year, they wanted to use it for the whole state.
Public Comment:
TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CONTRACT NUMBER 306-08-8572
1. Parties
The parties to this contract are the Texas State Library and Archives Commission, an agency of
the State of Texas, hereinafter referred to as the Commission; and the City of Round Rock,
Texas, a Texas municipal corporation, hereinafter referred to as the City or the Contractor.
2. Purpose
The purpose of this Contract is to grant a license to the Commission for use of all copyrightable
materials produced by the Contractor pursuant to a previous contract between Commission and
Contractor, designated as Contract No. 306-08-8572.
3. Rights Granted
Non-exclusive Commercial License. The City hereby grants to the Commission in perpetuity the
non-exclusive right to distribute, display, perform, transmit, and publish throughout the world the
Work as described in Section 5, below. No royalty shall be paid for the use of the Work except
as provided in this Contract.
4. Description of the Work
The Work which is the subject of this Contract is a video recording entitled "Texas Reading Club
Jubilee Video."
5. Delivery of the Work
The City will deliver the Work to the Commission in a suitable format within fourteen (14) days
of the execution of this Contract.
6. Quoted Material
With the exception of short excerpts from others' works, which constitute fair use, the Work will
contain no material from other copyrighted works without a written consent of the copyright
holder. The City will obtain such consents at its own expense after consultation with the
Commission and will file them with the Commission at the time the Work is delivered. Any
obligations associated with permissions for the use of the Work will be the responsibility of the
City.
7. Copyright
The City has or may register the copyright in the Work in the City's name in the United States
and elsewhere as the City may elect.
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CIA -o6-
8. City's Warranty
The City warrants that it is the sole owner of the Work and has full power and authority to make
this Contract; that the Work does not infringe any copyright, violate any property rights, or
contain any scandalous, libelous, or unlawful matter. The City will defend the Commission
against all claims, suits, costs, damages, and expenses that the Commission may sustain by
reason of any scandalous, libelous, or unlawful matter contained or alleged to be contained in the
Work or any infringement or violation by the Work of any copyright or property right of any
person other than the City; and until such claim or suit has been settled or withdrawn, the
Commission may withhold any sums due the City under this Contract.
9. Commission's Warranty
The Commission warrants that its use of the Work will not breach, infringe, or void the copyright
interest of the City in the Work. The Commission's use of the Work will be consistent with the
intent and purposes of the Work.
10. Consideration
In consideration of this Contract, the Commission shall pay the City the sum of $500.00 (Five
Hundred Dollars) upon delivery and acceptance of the Work.
11. Retained Rights
The City shall have the right to license, sell, or otherwise dispose of the following rights in the
Work: Publication or sale by book clubs; reprint rights; foreign rights; translation rights;
publication in anthologies, compilations, digests, condensations; first and second serial rights (in
one or more installments); dramatic, motion picture, and television rights; broadcast by radio;
recordings; electronic, mechanical, and visual reproduction; computer programs; microprint,
microfiche, and microfilm editions; syndication rights; permission rights (quotations, excerpts,
illustrations, etc.); any other rights to the Work not specifically enumerated; and otherwise utilize
the Work and material based on the Work.
12. Revisions
The City shall retain the right to revise the Work during the term hereof. The City may furnish
the Commission with the revised Work at no additional cost and the Commission further agrees
to use the revised Work within ninety (90) days upon the receipt of a written request from the
Contractor, provided that the revised Work is acceptable to the Commission in its sole discretion.
13. Term and Termination
a. This Contract shall remain in effect in perpetuity unless terminated in accordance
with this Section 13. Upon termination in accordance with this Section 13, the rights granted in
the Work shall revert to the City, subject to retention by the Commission of the non-exclusive,
perpetual right and license to use the Work for internal nonprofit educational purposes.
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b. In the event that either Party shall be in default of its material obligations under
this Contract and shall fail to remedy such default within sixty (60) days after receipt of written
notice thereof, this Contract shall terminate upon expiration of the sixty (60) day period.
c. The parties may agree to terminate this Contract by mutual written consent.
14. Options/Contracts with Third Parties
Nothing contained herein shall affect any license or other grant of rights, options, or agreements
made with third parties by the City or the in the income resulting from such agreements.
15. Amendments
The written provisions contained in this Contract constitute the sole and entire Contract made
between the Commission and the City concerning this Work, and any amendments to this
Contract shall not be valid unless made in writing and signed by both Parties.
16. Construction, Binding Effect, and Assignment
This Contract shall be construed and interpreted according to the laws of the State of Texas and
shall be binding upon the parties hereto, their heirs, successors, assigns, and personal
representatives; and references to the Commission and to the City shall include their heirs,
successors, assigns, and personal representatives.
IN WITNESS WHEREOF, the parties have duly executed this Contract on the last date written
below. The persons signing this Contract have full authority to obligate the Parties hereto.
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Texas State Library and Archives Commission
P.O. Box 12516
Austin, Texas 78711-2516
Edward Seidenberg
Assistant State Librarian
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
es ' . use, P :., City Manager
Date Date
Type or print name of local fiscal officer responsible for
Division Approval account into which these funds are to
be paid.
Karen Drabek, Chief Fiscal Officer Name of Fiscal Officer
Administrative Services Director
Deborah Littrell, Director
Library Development Director
Title (Must be an official of the Performing Agency)
Address
Christine McNew, Telephone Number
Youth Services Consultant
Jill Sutherland, CTPM
Senior Purchaser
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