Merced County Library Recordings and Adaptations

Galecia Group License and Merced County Amendment Galecia License Licensee: The Galecia Group, 15 Old Creek Road, Petaluma, CA 94952 Rightsholder: Merced County Library, 2222 M Street, Merced, CA 95340 Authorized Representative: Amy Taylor, County Librarian, amy.taylor@countyofmerced.com Licensed Materials Title // Duration // Length // Unique Identifier Why Dogs Sniff: The Story of the Dogs’ Dinner Party, 4:17, recording/730 Chicken Little, 5:22, recording/768 The Tale of Tom Kitten, 5:09, recording/1622 Willie Mouse, 4:21, recording/2079 The Circus Procession, 4:39, recording/2777 Johnny Crow’s Garden, 2:25, recording/2779 Why Pigs Have Curly Tails, 7:19, recording/3472 The Table, the Sifter, and the Pinchers, 7:44, recording/3735 The Little Pine Tree, 3:21, recording/4429 Los tres barcos, 5:34, recording/776 El príncipe oso, 5:20, recording/1422 Las joyas estrellas, 6:01, recording/3162 El pastor y el ruiseñor, 3:11, recording/715 El tesoro enterrado, 3:58, recording/829 El ganso de oro, 7:15, recording/3186 El pinito, 3:28, recording/3159 El oso, la mona, y el cerdo, 3:33, recording/4555 TERMS AND CONDITIONS 1. The Recording Rightsholder represents and warrants the underlying work (i.e. a written or spoken story) check one X is in the public domain or is a derivative work of a public domain work created by the Rightsholder, OR is original and sole ownership belongs to the Rightsholder, OR is under copyright in whole or in part to the following persons/entities and permission agreements from those parties to use their works in this recording for LibraryCall are attached. 2. The Rightsholder grants to LibraryCall, Licensee a worldwide, perpetual, irrevocable, unrestricted, royalty-free license to reproduce, publish, republish, excerpt, remix, distribute, sell, license, transfer, transmit, and publicly display and perform copies of, and otherwise use the Recording. 3. To the best of the Rightsholder’s knowledge, the Work is not libelous and will not infringe upon any copyright, right to privacy, proprietary or any other right of any person, corporation or entity. 4. The Rightsholder shall retain all right, title and interest in and to the Work, including without limitation, copyrights, trademarks and any other rights and interests. 5. This Agreement only constitutes a license to use the Work for uses consistent with public library values, including but not limited to performance and/or broadcast via telephone and/or Internet distribution as part of a library-oriented media service. MERCED COUNTY AMENDMENT AMENDMENT #1 TO CONTRACT NO. 13323 BETWEEN MERCED COUNTY AND THE GALECIA GROUP THIS Amendment to Contract No. 13323, is executed by and between the County of Merced, a political subdivision of the State of California, (hereinafter called "Customer"), and The Galecia Group (hereinafter called "Galecia"). This Amendment is hereby annexed to and made a part of the printed part of the Agreement to which it is attached, or modifies the existing Agreement between the parties. In each instance in which the provisions of this Amendment shall contradict or be inconsistent with the provisions of the printed portion of the original Agreement and any previous amendments, the provision of this Amendment shall prevail and govern and the contradicted or inconsistent provisions shall be deemed amended accordingly. Both parties agree that there is new and adequate consideration for this Amendment. This Amendment shall be deemed to have been duly approved when executed by both parties to the original Agreement. Once duly approved, this Amendment shall become effective as of the date signed by the Director of the Administrative Services Department, as the delegated Purchasing Agent. MODIFICATIONS: 1. Section 1, entitled “Scope of Services and Deliverables”, sub-section (a), is amended to read as follows: Hosting sufficient to support Customer’s users, including server maintenance and security updates from January 1, 2021 through June 30, 2023. 2. Section 14, entitled “Term and Termination”, is amended to read as follows: The Agreement shall commence on January 1, 2021 and shall continue through June 30, 2023 unless terminated by Customer at any time without cause or legal excuse by providing the other party with thirty (30) calendar days written notice of such termination. Upon effective date of termination, Customer shall have no further liability to Galecia except for payment for actual services incurred during the performance hereunder. Notwithstanding the stated term of this agreement, the license of recorded materials granted to Galecia shall survive this agreement, unless and until revoked by Customer pursuant to the conditions in Section 3 of this agreement. 3. Section 3, entitled “Customer Responsibilities”, is amended to read as follows: (a) Customer agrees to provide Galecia with any material information relevant to the Services in a timely manner. (b) Customer will license previously recorded materials, attached as Exhibit A, to Galecia for use on Galecia’s platform. Customer is the recording rightsholder of said licensed materials. As the recording rightsholder, Customer represents and warrants the underlying work (i.e. a written or spoken story) is in the public domain or is a derivative work of a public domain work created by the Customer. (c) Customer grants to Galecia a worldwide, perpetual, unrestricted, royalty-free license to reproduce, publish, republish, excerpt, remix, distribute, sell, license, transfer, transmit, and publicly display and perform copies of, and otherwise use the recordings. (d) To the best of Customer’s knowledge, the recorded materials are not libelous and will not infringe upon any copyright, right to privacy, proprietary or any other right of any person, corporation or entity. (e) Customer shall retain all right, title and interest in and to the recorded materials, including without limitation, copyrights, trademarks and any other rights and interests. (f) Customer’s grant of this license is for uses consistent with public library values, including but not limited to performance and/or broadcast via telephone and/or Internet distribution as part of a library-oriented media service. Customer retains the right to revoke this license in its entirety should customer determine that Galecia has used the recorded materials in a manner inconsistent with the permitted uses. Except as herein modified, all terms and conditions in said Agreement as heretofore approved remain unchanged and in full force and effect. County of Merced Mark Cowart ________________________________ Director of Administrative Services APPROVED AS TO LEGAL FORM MERCED COUNTY COUNSEL EXHIBIT A Recorded Materials subject to License Title Duration/Length Unique Identifier Why Dogs Sniff: The Story of the Dogs’ Dinner Party 4:17 recording/730 Chicken Little 5:22 recording/768 The Tale of Tom Kitten 5:09 recording/1622 Willie Mouse 4:21 recording/2079 The Circus Procession 4:39 recording/2777 Johnny Crow’s Garden 2:25 recording/2779 Why Pigs Have Curly Tails 7:19 recording/3472 The Table, the Sifter, and the Pinchers 7:44 recording/3735 The Little Pine Tree 3:21 recording/4429 Los tres barcos 5:34 recording/776 El príncipe oso 5:20 recording/1422 Las joyas estrellas 6:01 recording/3162 El pastor y el ruiseñor 3:11 recording/715 El tesoro enterrado 3:58 recording/829 El ganso de oro 7:15 recording/3186 El pinito 3:28 recording/3159 El oso, la mona, y el cerdo 3:33 recording/4555