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Home My WebLink About13695 RESOLUTION NO. 13695 A RESOLUTION APPROVING 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 PUEBLO POLICE DEPARTMENT’S NAME, LOGO, BADGE AND/OR PATCH IN A FILM OR VIDEO PRODUCTION TENTATIVELY ENTITLED “PIKES PEAK PATROL” BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. 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 Pueblo Police Department’s name, logo, badge and/or patch 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 Name/Product/Logo Release to effectuate the transactions described therein. SECTION 4. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED: June 12, 2017 BY: Ed Brown City Clerk’s Office Item # M-7 Background Paper for Proposed Resolution COUNCIL MEETING DATE: June 12, 2017 TO: President Stephan G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Chief Luis Velez, Police Department Sgt. Eric Gonzales, Police Department SUBJECT: A RESOLUTION APPROVING 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 PUEBLO POLICE DEPARTMENT’S NAME, LOGO, BADGE AND/OR PATCH IN A FILM OR VIDEO PRODUCTION TENTATIVELY ENTITLED “PIKES PEAK PATROL” SUMMARY: Attached are the Name/Product/Logo Release between Hoff Productions, and NGC Networks US, LLC, and the City of Pueblo regarding the use of the Pueblo Police Department’s name, logo, badge and/or patch. 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. Hoff Productions is requesting the City’s consent to use the Pueblo Police Department’s name, logo, badge and/or patch should they encounter Pueblo police officers during their filming. 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 any video footage involving Pueblo Police Department officers in the television production featuring the City of Pueblo. RECOMMENDATION: Approval of the Resolution. PROPOSED MOTION: This Resolution will be placed on the June 12, 2017 Consent Agenda for final approval. Attachments: Name/Product/Logo Release hoff PRODUCTIONS San Francisco Bay Area ! Los Angeles AUTHORIZATION TO USE NAME/PRODUCT/LOGO RELEASE RE: (PROGRAM) Pikes Peak Patrol(working title) This will confirm that, having the sole right to do so, the City of Pueblo ("City")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, the right to photograph, record, reproduce or otherwise use the below-mentioned name and images, and any related trademarks, service marks, tradenames, logos, and/or copyrighted material (the "Materials") in and in connection with the production, exhibition, exploitation, and promotion of the program tentatively entitled, PIKES PEAK PATROL (the "Program") as well as all other ancillary and derivative uses and versions of the Program, in all forms of media now known or hereinafter invented throughout the world an unlimited number of times in perpetuity:the name"Pueblo Police Department",the image of a Pueblo Police Department patrol car,the image of a Pueblo Police Department uniform,the image of the Pueblo Police Department badge, and the image of the Pueblo Police Department patch. City 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. City 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 unreasonably 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. Company and Producer may not assign or transfer this Agreement or all or any part of its rights hereunder to any person, firm or corporation other than as provided herein, except that Company and Producer may assign this Agreement and/or the rights and/or obligations contained herein to the distributor of the Program. Company and Producer shall not have the right to otherwise assign or transfer this Agreement without the written consent of City. 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 City 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 City, Company, and Producer 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: ATTESTED BY: CITY OF '• _LO ',,. � B y: PR PENT OF CITY COUNCIL CITY LERK 5900 Hollis Street,Suite 0 ! Emeryville, CA 94608 ! 510.597.9630 ! 510.597.9640 Fax www.hoff.tv