84-1530 WMITE - C�TV CLERK
PINK - FINANCE G I TY OF SA I NT PAU L Council /S 3 �
CANARV - DEPARTMENT File NO. ��
BLUE - MAVOR
�
Council Resolution
Presented By '
Referred To Committee: Date
Out of Committee By Date
Wf�REAS, The Mayor, pursuant to Section 10.07.1 of the City Charter, does certify that there
are avaialable for appropriation revenues in excess of those estimated in the 1984 budget; and
WHEREAS� The Mayor recommends the following changes to the 1984 budget:
Current Amended
Budget Changes Budget
FINI�IQCING PLAN
166 Cable Television Special Revenue
-4099 Contintental Cablevision In�de�nnity 100,000 -100,000 0
Agreement
-6905 Contrib. and Donat. Outside Parties 0 +388,598 388,598
-6910 Cable TV Franchise Fee Aclvance 150,000 0 150,000
-7299 Transfer From General Fund 85,004 0 85,004
335,004 +288,598 623,602
S�ErDING PLAN
166 Cable Television Special Revenue
31122 Cable TV Attorneys: City & Outside
31122-218 Attorneys Fees 100,000 +288,598 388,598
31122- All Other Spending 36,009 0 36,009
All Other Fund Spending 198,995 0 198,995
335,004 +288,598 623,602
NET CHANGE +288,598
RESOLVID, That the City Council adopts these changes to the 1984 budget.
Approval Recomnended:
-r��
COUIVCILMEN Requested by Department of:
Yeas � ����� �
Drew [n Favor Citv Attornev
Masanz
�rlseeia- �
scnetbei __ Against BY
Tedesco
1ARil�+�a
N�v 8 — 19$j� Form Approve b City Att ey
Adopted by Council: Date
Certified V s• Council re BY
�
/�1pp 1�1a or: Date lNOV 9 - Ap Mayor fo ission to Council
_ By
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� `�, 'i i''; l ; �:t�
��j�,_�::*�'�.'i� I',�_ .
c; � A t�r„P� �EPARTI�tENT � �/��
Joanne RettnPr �ONTAC� �
5121 PH�NE e� e �
10/30/84 DATE �V
. (Routing and Explanation Sheet)
Assic�n Number for Routing Order (Clip All Locations for P1ayoral Signature):
Department Director
2 City Attorney
ement/Mayor � � j��
Fi and a a m S r 'c s Di or� G� ' �
n a n c e M n g e e n t e v i e r e c t
City Clerk ��� �
1 r
4 Finance Committee Chair
5 City Council
What Will be Achieved by 'iaking Action on the Attached Materials? (Purpose/Rationale):
Funds will be provided to pay for outside counsel fees in the
Nor-West v. City cable lawsuit pursuant to C.F.� 280480 . These
fees are eventually reimbursed by Continental Cablevision of
St. Paul, the successful franchisee, pursuant to the terms of
the franchise ordinance. •
Financial , Budgetary and Personnel Impacts Anticipated:
No r^.T.E.s affected - merely an advance to pay outside counsel �
fees until money is recovered from Continental Cablevision.
Funding Source and Fund Activity Number Charged or Credited:
Funding is derived from Cont.inental Cablevision. Activity: 31122
July (52 ,848) , August (55,892) , September (29 ,858) , October (75,000 est) ,
� � Nov mb r, (75,0q 0 est) Total (288 598)
Attachmen�s �L�st and Number a'[1 Attachmentsj :
� l . Budget Amendment - 1984 Budget, Activity 31122
. �.
DEPARTMENT REVIEW . � . CITY ATTORNEY REVI__E�f, .
X Yes No Council Resoluti�on Required? Resolution Required? �_ Yes No
� Yes X No Insurance Required? Insurance Sufficient? �/A Yes No
Yes �_ No Insurance Attached? �
� Revision of October, 1982
(�ee RPVPrsP Side for Instructions)
• = HOW TO USE THE GREEN SHEET
The GREEN SHEET has several purposes: �
1. To assist in routinq documents and in securing
� required sign�tures
2 . To brief the reviewers of documents on the impacts
of approval
3. To help ensure that necessary supporting materials
are prepared and, if required, attached. -
ROUTING • ,
�?ost GRE£v SHELT actiens must be ±-ev���ae3 5y a De�ari:aeat
�irec�or, t:�e i ity 3t�orney, �?�e Director oT i�anage�ent, the
. Director of Finance and Manaqement. Services. Other possible
reviewers/signatures are listed.
BRIEFING � �
Most of the GREEN SHEET headings are designed to assist in
developinq a precis of the decision which. the attachments
represent. The headings are offered to remind users of some
of the n►�re critical elements of this brief. .
The Financial, Budgetary and Personnel Imc�acts heading provides
• a space to explain the cost/benef it aspects of the decision.
Costs and benefits relate both to City budget (General Fund and/or
Special Funds) and to broader financial impacts (cost to users, �
homeowners or other groups affected by the action) . The personnel
impact is a description of change or shift of Full-Time Equivalent
(FTE) positions.
S'JPPORTING MATERIALS � -
In the Attachments section, list all attachments. If the GREEN
SHEET is well done, no letter of transmittal need be included
(unless siqning such a ].etter is one of the requested actions) .
Note: Actions which require City Counci2 resolutions include:
a. . Contractual relationship with another government unit.
� • b. Collective bargaining.
� � c. Purchase or sale of land, or lease of land. �
� d. Issuance of bonds- by City.
e. Eminent domain. ,
� f: Assumption of liability by City, or granting �
by City of indemnification. �
g. Agreem�ents with State or Federal Government
� under which they are providing funding.
Note also: If an aqreement requires evidence of insurance/co-
insurance, a Certificate of Insurance should be one •
� . ' . ���s.�d
INDEMI��ITY AGREEMENT
INDEMNITY AGREEMENT made this � day of November, 1983
b}T and between Continental Cablevision of St. Paul , Inc. , a
Minnesota corporation, party of the first part, hereinafter called
"Indemnitor" , and the City of Saint Paul, a Minnesota municipal
corporation, party of the second part, hereinafter called
"Indemnitee" ,
WITNESSETH:
� WHEREAS, the City of Saint Paul has awarded to Continental
Cablevision of St. Paul, Inc. a franchise for the operation of
a cable communications system in the City of Saint Pau1 (hereinafter
referred to as "franchise") ; and
WHEREAS, .Continental Cablevision of St. Paul, Inc. is a �
wholly owned subsidiary of Continental Cablevision, Inc. ; and
4,THEREAS, . the Indemnitee now requires that it be indemnified
with respect to all claims and actions arising from the award of
said franchise, the operation of �said franchise, the enactment
of any amendments to said franchise, and fro�n all processes or
procedures leading to the enactment of amendments to said franchise,
� -. NOW, THEREFORE, in consideration of the foregoing premises '
and the mu*ual promises contained in this agreement and in con-
sideration of the pa}�nent to Indemnitor .of One Dollar ($1. 00)
� � - ���-is3�
and other good and valuable consideration, the receipt of which
is hereby acknowledged, the Indemnitor hereby agrees , at its sole
cost and expense , to fully indemnify, defend and hold harmless
the Indemnitee, its officers, boards , commissions, employees and
agents , against any and all claims , suits, actions , liabilities
and judgments for damages (including, but not limited to, expenses
for reasonable legal fees and disbursements assumed or incurred
� by the Indemnitee in connection therewith) arising out of any claim
wherein monetary damages of any kind, including punitive, or any
other legal or equitable relief is sought as a result of the
Indemnitee ' s cable communications franchising procedure and/or as a
result of the awarding of the cable communications franchise and/or
as a result,.�f the Indemnitee' s failure to award the franchise to
any other person, partnership, corporation or other legal entity
and/or as a result of the operation of the franchise by Indemnitor
and/or as a result of the enactment• of the franchise ordinance
aAd/or any amendments to the franchise ordinance and/or as a result
of any processes or procedures leading to the enactment of the �
franchise and/or any amendments thereto. Indemnitor also agrees
to indemnify and hold Indemnitee, its officers , boards , commissions,
. employees and agents harmless from any mone�ary damages of any
� kind, including punitive , or other legal or equitable relief. The
"" inde�nification provided for herein shall not extend or apply to
anv acts of the Indemnitee consti*uting a �Tiolation or breach by
. av
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the Indemnitee o�f the contractual provisions of the franchise
ordinance, unless such acts are the result of the order of a court
or administrative agency or are caused by the acts of Indemnitor.
In the event that the Indemnitee awards any future cable
communications franchise to a firm other than Continental Cablevision
of St. Paul, Inc. , then the Indemnitor agrees that it will not
bring .or cause to be brought, any action, suit or other proceeding
claiming damages , or seeking any other relief against Indemnitee,
its officers , boards , commissions , employees and agents for any
award of a franchise made in conformity with Chapter 238 of the
Minnesota Statutes , the Rules of the Minnesota Cable Communications
Board and 6t�her applicable law.
The indemnitee shall give Continental Cablevision of St. Paul,
Inc. reasonable written notice of the making of any claim or the
commencement of any action, suit or other proceeding covered by
this agreement. The Yndemnitee shall cooperate with the Indemnitor
in the defense of any such action, suit or other proceeding at the
request of the Indemnitor. T}�.e Indemnitee shall consult with and
obtain the concurrence of the Indemnitor, which shall not unreason-
' •� . 'ably be withheld, before entering into any settlement. The .
Indemnitee reserves the right to make a final determination.
?�'cthing herein shall be deemed to prevent the Indemnitee from
participating in the defense of any litigation by its o��-n counsel
- 3.
� ' � ��-" ��s�
at the Indemnitor' s cost and expense . Such cost and expense shall
include the reasonable value of any service rendered by the City
Attorney or his assistants or any employee of the Indemnitee or its
agents , including re�ained counsel, and shall also include all
costs associated with any litigation.
Indemnitor shall pay Indemnitee or its agents all costs and
expenses of Indemnitee or its agents for claims arising under this
agreement within thirty (30) days after a statement is tendered to�
Indemnitor by Indemnitee or its agents . Costs and expenses of
Indemnitee or its agents are payable by the Indemnitor irrespective
of the outcome of any litigation. Indemnitor shall also pay any
monetary damages assessed against Indemnitee or reimburse Indemnitee
for any mo tary damages assessed against Indemnitee and paid by
Indemnitee. In the event Indemnitee or its agents accrue or pay
� any monetary damages on behalf of Indemnitor, Indemnitor shall pay
Indemnitee for all monetary damages, accrued or paid by Indemnitee
within thirty (30) days after a statement has been tendered to ,
Indemnitor by Indemnitee or its agents . If Indemnitor fails to
pay Indemnitee ' s monetary damages , costs and expenses within
thirty (30) days after a statement is tendered, any unpaid balance
� will accrue interest at the maximum allowable interest rate pro-
vided by the law of the State of Minnesota. Indemnitor further
agrees to pay Indemnitee for any costs and expenses associated
with the collection of any monetary damages , costs and eapenses
not paid within thirty (30) days after a statement is tendered
to InCemnitor by Indemnitee or its agen�.s .
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The provisions of this agreement shall be in addition to
and independent 'of any other similar provision contained in the
cable communications franchise ordinance to be enacted by the City
of Saint Paul or any other agreement of the parties hereto. The
provisions of this agreement shall not be dependent or conditioned
upon the validity of the cable communications franchise ordinance
or on the validity of any of the procedures or agreements involved .
in the award or acceptance of the franchise, or amendments thereto,
but shall be and remain a binding obligation of the parties hereto,
. even if the cable communications franchise ordinance or the grant
of the franchise is declared null and void in a legal or admini-
strative . proceeding. Nothing herein shall be construed to entitle
Continental Cablevision of St. Paul, Inc. to any greater or
different rights with respect to the franchise than such rights it
may have by virtue of the cable communications franchise ordinance
or any agreements involved in the award or acceptance of the
franchise, or amendments thereto. . ,
It is the purpose of this agreement to require Indemnitor to �
provide maximum indemnificatio n to Indemnitee under the terms set
out. herein and, in the event of a dispute as to the 'meaning of this
� '. Indemnity Agreement, it shall be construed, to the greatest extent '
permitted by law, to provide. for the indemnification of the
Indemnitee by Indemnitor . This agreement shall be a bit�d ing
obligation of and shall inure to the benefit of the parties
hereto and their successors and assigns , if any.
5 .
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Dated: November �, 1983:
Approved as to form CONTINENTAL CABLEVISION OF
and� execution: ST. PAUL, INC.
By:
Edward P . Starr Its P�ESrD �
City Attorney
CITY OF SAINT PAUL
,
By:
Its M � or
- "�`� Attest: ^ � .
� � .
. City Clerk
. � . � .
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