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03-279OR�IGINAL Council File # 03 — � �g Green Sheet # 202207 Ptesented By Referred To Date 1 WHEREAS, the city of Saint Paul Office of Cable Communications produced a thirty minute video 2 entitled "Library: A Workshop for the Future"; and 3 WfIEREAS, Twin Cities Public Television has requested to broadcast the Prograxn for a period 4 commencing Apri16,2003 and ending Apri16, 2007; and 5 WfIEREA5, Twin Cities Public Television has presented a contract for the City to execute regazding the 6 broadcasting of the Program, which is attached hereto; and 7 WHEREAS, the City has secured all necessary rights, releases, and clearances with respect to a11 elements 8 contained in the Program and person appearing in the Program and/or participating in the production of the 4 Program, and the City Attorney's Office has reviewed the terms of the Broadcast Agreement. 10 NOW, THEREFORE, BE IT RESOLVED, that the city of Saint Paul City Council agrees to the terms of 11 the Broadcast Agreement presented by the Twin Cities Public Television and authorizes the Cable 12 Communications Officer to execute said contract. Adoption Certified by Council Secretary RESOLUTION CITY OF SAINT PAUL, MINNESOTA �a Requested by Depactuient of Technology & Management Services: By: .-�-�- Adopted by Councii: Date � ac�_ �n c� < sy: �'��,'c �, G�� oe{;artmary7otf'ice�wuncil: Date �nitiated Green Sheet No . 202207 Office of Cable Communications March 14, 2003 �3 'a� Conqd Pelson & Phone: �nitiaUtlate InitiaUdate Holly Hansen 266-8875 � I DePgrttnent Dir. � 4 csTy cA��,i Must Be on Counal Agenda by (Date) ��9� ? City Atwmey — City Clerk Number Financial $erv Dir. Financial Se[vlacc F� 3 Ma}ror (Or Assc) _ Civil Service Commission Mazch 26,2003 Routing Order Total # of Signature Pages 1 (Clip Ail Loeations for Signature) aa�oo Rey�estea: Approve resolution to enter into a Broadcast Agreement with Twin Ciries PublicTelevision to broadcast "Library: A Workshop for the Future," a video pxoduced by the Office of Cable Communicafions. Recammendations: Approve (A) w Rejed �) PerSOnal Service Contracts Must Answer the Follawing Questions: 1. Has this person/firtn ever worked under a contract for this depaAment? Planning CAmmission Yes No CIB Commiltee 2. Has this person/firtn ever been a ary employee? Civil Service Commission Yes No 3. Dces this person/firm possess a skill not normally possessed by any cuRent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Ini6ating Problem, iss�e, Opportunity (Wbo, wr��, wneo, wnere, wny►: The Office of Cable Communications produced a video, "Library: A Workshop for the Future" which Twin Ciries Public Televison (TPT) would like to air on Apri16, 2003. A Broadcast Agreement needs to be entered into between the City and TPT before the program can be broadcast. Advanfages If Approved: . The program will be viewed by a much larger audience than is possible on Channel 18, and the Ciry and Library will receive positive exposure. - paaYs C'n�k�S .L � . V...... � ' DisadvanWges HApproved: NOriO rJ. w m� h �� ���� � s��;5� " oisaa�aoc�9es ir no� aavro�ed: The program will not be able to be shown on TPT. Total Amount of Transaction: 0 CostlRevenue Bud9eted: n/a Funding Source: n!a Activity Number: Na Financial infortnation: (Euptain) c.��� �na su�sswmto��v.«� senmrsvmc�t�r a« oo rrr.�a M�iR 17 2003 CITY AT1"Qf3f�EY - . v cs a,�1� TWIN CITIES POBLIC TECEVISlON t�I t� �W �72 Eas. t=ovrh Streei • Sair.t ?auV, USnnesoto 55�� i r_c o51222.17'17 •=�,x: c51229.t282 • tues: tpt.org BROADCAST AGREEMENT This agreement is made this 25th day of February, 2003 between Twin Cities Public Television, Inc. ("TPT") and The City of Saint Pau! Office of Cable Communications, with an address of 68 City Hall. i 5 West Kelloog Blvd St Paul. MN 55102 (°Produce�') producer of the 30 minute program eniitled "Library: A Workshop for the Future" (hereafter referred to as the "Program"). NOW, THEREFORE, In exchange for good and valuable consideration the parties hereby agree as follows: Producer hereby grants TPT the non-exclusive right and license to broadcast the Program over TPT broadcast services �or a period comr.iencing ,�pril 6, 2063 and anding April 6, 2007 ("Term°} for an unlimited number of releases during the Term. A"release° shall be defined herein as an unlimited number of broadcasts within a consecutive seven day period. In addition to sucfi broadcast rights, Producer further grants TPT the right to excerpt and broadcast portions of the Program for the purposes of Program promotion and/or for incorporation into a sampler reel of Programs presented on TPT. Notwithstanding the foregoing, TPT may elect, at its sole discretion to exercise less than or none of the rights granted herein. 2. Producer hereby represents and warrants that it has the right to enter into this Agreement and has the compiete authority to convey the rights granted herein, and such uses of the Program by TPT wiil not cause TPT to incur any liability to others and, further, that the Program licensed is free and etear of any and a�l options, liens, or encumbrances whatsoever including, but not limited to, residual rights to performers, musicians, publishers, unions, guilds, or any other third party for afl the permitted uses herein; that there are no claims or fitigation (actual or threatened) concerning or involving the rights conveyed herein; that the entering into of this Agreement does not and wi1l noi conflict with any other agreement or commitment of which Producer is a party; that nothing contained in the Program shall infringe upon any rights of any third party including, but not Iimited to, copyright, trademark, Iiterary, artistic, or other property rights and, further, that no part of the Program infringes upon the right of privacy of any person or constitutes defamation, siander, or libel. 3. Producer agrees to indemnify and hold harmless TPT and its grantors, officers, trustee, assignees, agenis, licensees, and employees harm{ess from and against, a1{ claims, fosses, costs, expenses, settfements, demands, and liabilities of every kind, including reasonable attorneys' fees and expenses, arising out of or incurced by reason of the use of the Program set forth herein, or the inaccuracy, alleged breach, or actual breach of any representation, warranty, covenant, agreement, or undertaking made by Producer herein. 4. Tnis Agreemant ccnsfiiutes the entire agreement between tne partiea wrfi res�ect ta i�e-su�ject matter hereof and will be governed for all purposes by, and construed in accordance with, the laws of the State of Minnesota. The rights and responsibilities expressed in this Agreement wiil inure to alf legal successors to the parties of this Agreement. This Agreement embraces the entire understanding of both parties and may not be altered or amended or modified except in writing signed by both p ies. � " �I Holly Hansen, Executive Producer Sherece Lamke Office of Cable Commu�ications Director, Minnesota Productions Administration City of Saint Paui Twin Cities Public Television, inc. ��I�l�� (Date) (Date)