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HomeMy WebLinkAbout13683* RESOLUTION NO. 13683 A RESOLUTION APPROVING AN ACQUIRED FOOTAGE/STILL PHOTOGRAPH LICENSE RELEASE AND A NAME/PRODUCT/LOGO RELEASE BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, MICHAEL HOFF PRODUCTIONS, INC. AND NGC NETWORKS US, LLC, REGARDING THE USE OF THE CITY’S LOGO AND THE PUEBLO POLICE DEPARTMENT BEAT MAP IN A FILM OR VIDEO PRODUCTION TENTATIVELY ENTITILED “PIKES PEAK PATROL” BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Acquired Footage/Still Photograph License Release and the Name/Product/Logo Release between the City of Pueblo, a Municipal Corporation, Michael Hoff Productions, Inc. and NGC Networks US, LLC, relating to the use of the City’s logo and the Pueblo Police Department Beat Map in a film or video production, attached hereto and having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized and directed to execute said production releases for and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are directed and authorized to perform all acts consistent with the intent of this Resolution and the attached Acquired Footage/Still Photograph License Release and the Name/Product/Logo Release to effectuate the transactions described therein. SECTION 4. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED May 22, 2017 BY: Ed Brown City Clerk’s Office Item # M-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: May 22, 2017 TO: President Stephan G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Lori Pinz, Director of Information Technology SUBJECT: A RESOLUTION APPROVING AN ACQUIRED FOOTAGE/STILL PHOTOGRAPH LICENSE RELEASE AND A NAME/PRODUCT/LOGO RELEASE BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, MICHAEL HOFF PRODUCTIONS, INC. AND NGC NETWORKS US, LLC, REGARDING THE USE OF THE CITY’S LOGO AND THE PUEBLO POLICE DEPARTMENT BEAT MAP IN A FILM OR VIDEO PRODUCTION TENTATIVELY ENTITILED “PIKES PEAK PATROL” SUMMARY: Attached are the Acquired Footage/Still Photograph License Release, and the Name/Product/Logo Release between Hoff Productions, and NGC Networks US, LLC, and the City of Pueblo regarding the use of the City’s Logo and the Pueblo Police Department Beat Map in a film or video production. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Michael Hoff Productions, Inc. (dba Hoff Productions) is working on a new television series, “Pikes Peak Patrol,” for the National Geographic Wild Channel which follows the men and women of the humane societies and animal law enforcement in both the City of Pueblo and the City of Colorado Springs. During the filming of this program, Hoff Productions captured a map hanging in the Police Department’s Dispatch Center called the Pueblo Police Department Beat Map. The map was created by the City of Pueblo’s Information Technology Department’s Geographical Information Systems (GIS) Division. It is not copyrighted material and contains only public information. Hoffman Productions is requesting the City’s consent to use this map in the television program as well as the City of Pueblo’s logo. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None ALTERNATIVES: If City Council does not approve this Resolution, Hoff Productions will not be able to use the City’s logo and the Police Department Beat Map in the television production featuring the City of Pueblo. RECOMMENDATION: Approval of the Resolution. Attachments: Acquired Footage/Still Photograph License Release Name/Product/Logo Release hoff PRODUCTIONS San Francisco Bay Area I I Los Angeles AUTHORIZATION TO USE NAME/PRODUCT/LOGO RELEASE RE: (PROGRAM) Pikes Peak Patrol(working title) Ladies and Gentlemen: This will confirm that, having the sole right to do so, the undersigned grants to NGC Networks US, LLC (the "Company") and Michael Hoff Productions, Inc. dba Hoff Productions ("Producer") and their respective parents, subsidiaries and affiliated corporations and their respective successors, assigns and licensees, employees and agents, the right to photograph, record, reproduce or otherwise use the below-mentioned product(s), and any related names, trademarks, servicemarks, tradenames, logos, copyrighted material and/or other materials (the"Materials") in and in connection with the production,exhibition, exploitation, and promotion of the program tentatively entitled, PIKES PEAK PATROL (the"Program")and/or otherwise, in all forms of media now known or hereinafter invented throughout the world an unlimited number of times in perpetuity: City of Pueblo,CO logo However, the product(s) shall not be used to endorse or in any way indicate that the undersigned approves of, promotes,or encourages the Program.The undersigned represents to the best of its knowledge that the consent of no other person, firm, corporation or labor organization is required to enable Producer and/or Company to use the Materials as described herein and that such use will not violate or infringe upon the trademark, tradename, copyright, artistic and/or other rights of any third parties. Company and Producer acknowledge that the undersigned owns or controls any and all intellectual property rights relating to the products(s), and this agreement serves only to allow Company and Producer use of the product(s)for the related Program., The undersigned agrees (a) not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder; (b)the undersigned will have no right of approval in connection with the use of the Materials as contemplated hereunder; and (c) in no event shall the undersigned revoke this license or have the right to enjoin the development, production, publication, distribution or exploitation of the Program or any elements thereof or rights derived therefrom or ancillary thereto. The undersigned acknowledges that nothing herein requires Producer and/or Company to use the Materials in, or in connection with,the Program or otherwise. Nothing in this agreement is intended, nor should it be construed, to create or extend any rights, claims, or benefits or assume any liability for or on behalf of any third party, unless specifically set forth herein, or to waive any immunities or limitations otherwise conferred upon the undersigned under or by virtue of federal or state law, including but not limited to the Colorado Governmental Immunity Act.C.R.S.§24-10-101 et seq. This Agreement shall be governed exclusively by and construed in accordance with the laws of the State of Colorado and shall be binding upon and inure to the benefit of the parties and each of their employees, agents, attorneys, officers, shareholders, and successors. Any action to enforce the terms of this agreement must be brought in a court of competent jurisdiction in Pueblo, Colorado. If any provision of this Agreement be held invalid or unenforceable by any court of competent jurisdiction,such holding shall not invalidate or render unenforceable any other provision hereof. This Agreement may be executed in counterparts, and each counterpart, when executed, shall have the efficacy of a signed original. Photographic copies, electronically scanned copies and other facsimiles of this Agreement (including such signed counterparts)may be used in lieu of the originals for any purpose. ACCEPTED BY: THE CITY OF PUE: •—OR•• ••N By: i/ ; 1/11•t,� — Title:Presiden . -City Col Attest: ��}�, ,c,_C t 1. �5! '�(,4) City Clerk 5900 Hollis Street, Suite 0 I I Emeryville, CA 94608 11 510.597.9630 11 510.597.9640 Fax www.hoff.tv hoff PRODUCTIONS San Francisco Bay Area I I Los Angeles ACQUIRED FOOTAGE/STILL PHOTOGRAPH LICENSE Licensor("Owner"): City of Pueblo,A Municipal Corporation Address: 200 South Main. St. Pueblo,CO 81003 Phone&Fax: 719-553-2424 Email&Website: IpinzOpueblo.us Description of Pueblo City map hanging in ALE dispatch room Footage/Still: Owner hereby grants Michael Hoff Productions, Inc. dba Hoff Productions ("Producer") and NGC Networks US, LLC (the "Company") and their respective parents, successors, licensees and assigns, the right, but not the obligation, to incorporate the film, video, photographs, documents, art or other materials described above (the "Property") in any manner Company sees fit in Company's film or video production tentatively entitled "PIKES PEAK PATROL" (the "Program"), and to use and authorize others to use the Property as so incorporated in the Program in the distribution, sale, licensing, marketing, advertising, promotion, exhibition and other exploitation of the Program in all markets and media (whether now known or hereafter developed), throughout the universe, in perpetuity. However, the Property shall not be used to endorse or in any way indicate that the Owner approves of, promotes, or encourages the Program. Owner warrants and represents that Owner has the right to grant all rights granted herein and Producer and/or Company's use of the Property as permitted herein will not infringe on the rights of any third party. Company and Producer acknowledge that the Owner owns or controls any and all intellectual property rights relating to the Property, and this agreement serves only to allow Company and Producer use of the Property for the related Program. Owner acknowledges that Producer and/or Company will rely on this permission potentially, at substantial cost to Producer and/or Company and Owner hereby agrees not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder. Owner agrees not to issue any press releases or other public statements, including but not limited to, speaking to the press about Owner's involvement or regarding Company's or Producer's involvement in the Program without Producer's and/or Company's respective prior written permission. Owner agrees not to use Company's name, logo, trademark or other proprietary mark in any manner without Company's prior written approval. Nothing in this agreement is intended, nor should it be construed, to create or extend any rights, claims, or benefits or assume any liability for or on behalf of any third party, unless specifically set forth herein, or to waive any immunities or limitations otherwise conferred upon the Owner under or by virtue of federal or state law, including but not limited to the Colorado Governmental Immunity Act.C.R.S.§24-10-101 et seq. This Agreement shall be governed exclusively by and construed in accordance with the laws of the State of Colorado and shall be binding upon and inure to the benefit of the parties and each of their employees, agents, attorneys, officers, shareholders, and successors. Any action to enforce the terms of this agreement must be brought in a court of competent jurisdiction in Pueblo, Colorado. If any provision of this Agreement be held invalid or unenforceable by any court of competent jurisdiction,such holding shall not invalidate or render unenforceable any other provision hereof. This Agreement may be executed in counterparts, and each counterpart, when executed, shall have the efficacy of a signed original. Photographic copies, electronically scanned copies and other facsimiles of this Agreement (including such signed counterparts) may be used in lieu of the originals for any purpose. AGREED AND ACCEPTED: FOR OWNER HOFF PRODUCTIONS PRINTED PRINTED NAME Stephan G. ...1,44, ocki ME Joshua Levine SIGNATURE SIGNATURE TITLE: TITLE: ne Producer President of City Council DATE: PA h� ,22 e'Z C�11 DATE: 1A a n :' 1.i / ATTEST: ...ter,_ —L 1 i's.. ty Clerk 5900 Hollis Street, Suite 0 I I Emeryville, CA 94608 1 1 510.597.9630 1 1 510.597.9640 Fax www.hoff.ty