HomeMy WebLinkAboutReso 8-1985 RESOLUTION NO. 8'85
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AND AUTHORIZING EXECUTION
OF AN AGREEMENT TO FURNISH VIDEOCASSETTES TO
'THE SOUTH SAN FRANCISCO PUBLIC LIBRARY
BE IT RESOLVED by the City Council of the City of South San Francisco that:
1, Approval of Agreement~
The Agreement entitled "Agreement" between the City of South San Francisco,
a municipal corporation, and Videoplan, Inc~ is hereby approved, and a copy of
said Agreement is attached hereto as Exhibit "1~"
2~ Execution of Agreement~
The City Manager is hereby authorized to execute said Agreement on behalf
of the City, and the City Clerk attest his signature thereto,
I hereby certify that the foregoing Resolution was regularly introduced and
adopted by the City Council of the City of South San Francisco at a regular
meeting held on the 9th' day of January ....... , 1985-, by the following
vote:
AYES: Councilmembe-rs- Mark N. Addiego,- Emanue.le N.~ Damo~te,-Richard A-.- Halley,
Gus Nicolopulos;-and Robe.rta~ -Ce~ri Tegl ia
NOES: None
ABSENT: None
EXHIBIT "1" TO RESOLUTION NO. 8-85
AGREEMENT
This agreement by and between Videoplan, Inc. (hereinafter re-
ferred to as VPI), and the City of South San Francisco,
(hereinafter referred to as City), summarizes the points under
which VPI will furnish the City library with a collection of
videocassettes which the City shall rent to its registered
borrowers, and for which the City shall share its gross receipts
from this program with VPI.
1. The Collection:
VPI shall
Collection
format.
select and provide to the City a Basic
of one hundred (1OO) videocassettes in 1/2" VHS
The collection shall be comprised of popular items (feature
films, including westerns, dramas, adventure stories, etc.),
and how-to-do-it titles, documentaries and childrens films.
While the collection will be chosen to reflect and stimulate
popular demand, it will conform to the City's standards of
good taste and dignity. The City shall have the express
right to return any item for prompt replacement.
2. Ownership:
The videocassettes, containers, display cases and promotional
materials supplied to the City by VPI shall remain the
property of VPI, unless and until purchased from VPI by the
City as herein provided.
3. Responsibilities of the City:
ae
The City shall not pay for, or be obligated for the cost
of the vtdeocassettes, circulation and display cases, or
other materials supplied by VPI under this program,
except for insurance and other safeguards as stipulated
in this agreement.
The City will rent the VPI-supplied videocassettes to
its registered borrowers in accordance with the attached
SCHEDULE OF VIDEOPLAN RENTAL RATES, FINES AND BORROWER'S
RULES. The City will not alter these terms or
procedures without the written consent of VPI.
The City will, by the tenth (lOth) of each month, on
forms provided by VPI by the 5th of each month, provide
VPI with an accounting of the activity and revenues
received from this vtdeocassette-rental program during
the previous month, and wtll remit that amount to VPI
with the above-referenced accounting. Reporting proce-
dure and sample forms are appended to this Agreement as
Exhibit A.
The City's share of the videocassette rentals shall be
twenty percent (20~), and will accrue to the City's
account. The City may receive a cash payment,
quarterly, for any part or all of its credit.
The City will exercise reasonable care and control of
the videocassettes, and will reimburse VPI for patron-
caused loss or damage. This reimbursement obligation
shall be limited to the amount actually recovered by the
City. It is further agreed that the procedure for
recovery shall be that normally used by the City for
other materials. The amount remitted to VPI shall not
exceed the original cost of the item and its processing,
said cost to be indicated by VPI at the time the
videocassettes are supplied.
City is self-insured and maintains sufficient reserves
for the payment of the full value of the VPI-supplied
videocassettes and display and storage equipment and
shall remit to VPI the full value of any claim which may
arise from loss of the materials due to fire, flood,
earthquake or other normally insurable loss.
Term of Agreement:
Subject to 4.b. below, City agrees to maintain its VPI-
supplied vtdeocassette rental program in operation for a
minimum of thirty-nine (39) months from the date of the
first rental. Thereafter, it may serve notice of intent
to discontinue the program, which notice shall be given
no less than sixty (60) days prior to the intended
termination date. VPI agrees to accept such notice of
intention to terminate, at any time following three (3)
years of operation of the rental program by the City.
City may terminate this agreement for cause at any time
if VPI falls to comply with its obligations hereunder,
which termination shall be effective sixty (60) days
after City has provided written notice of intent to
terminate. Provided, however, the termination will not
be effective if VPI fulfills its obligations within the
sixty (60) days period to City's reasonable
satisfaction, which City shall set forth in writing.
Gity may also terminate this agreement upon sixty (60)
days notice, if the budget for library operations is, so
severely curtailed as to result in the reduction of
library's material circulation by fifty (50) percent or
more.
VPI may discontinue the Program six (6) months from
inception, if in its judgement the plan is not being
vigorously supported and operated by the City, or if it
appears that in spite of the Gtty's effort, circulation
is insufficient to permit recovery of. the VPI
investment. In the event of such determination, VPI is
required to notify the City of its intent to discontinue
no less than sixty (60) days prior to such action. In
the event of such discontinuance, the videocassettes,
containers, computer hardware/software system, display
and storage cases and promotional materials shall be
returned to VPI by the City, freight collect. In no
event will the City be liable for any claims arising
from the failure of the program to meet VPI's
objectives.
7
Supplementing the Collection:
VP! agrees to supplement the collection thru the provision of
newly 'released and Other'popular vtdeocassettes, to maintain.
the growth of the City's vtdeocassette circulation. The
supplemental supply of videocassettes shall start as soon as
patron demand substnttally diminishes the on-hand inventory.
VPI will continuously supply 'additional vtdeocassettes to
keep pace with demand, to a prudent total inventory level.
The City may request, and VP! agrees to supply, additional
Vtdeoplan vtdeocassette collections in such locations
(different Ctty.-ltbrary branches) as requested by the
Each Vtdeoplan-so..requested and supplied will be conform to
this agreement, except only as modified and mutually agreed
tn writing by the City and VPI." '~ .- ....... '...-...,
Deliver one (1) Vtdeoplan on or about March__4, 1985 (date) to:
Library Name South San Francisco pUblic Library, West Orange Avenue Branch
Street Address 840 West Orange Avenue
otty, State & Zip South San Francisco, CA 94080
Oontact Person Jeanne Goodrich Tel. (415) 877-8521
ACCEPTED:
City of South San Francisco
P.O. Box Tll
South San Francisco, CA 94080
C, W~lter Birkelo,. City Manager
ATTEST:
DATE:
Vldeoplan,-Inc.
1448 West Rosecrans Avenue
Gardena, CA 90249
BY: ~
Peter~obs, President
DATE:
January 30, 1985