HomeMy WebLinkAbout09823ORDINANCE NO. 9823
AN ORDINANCE APPROVING A MATERIALS LICENSE
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND ARROW
INTERNATIONAL MEDIA LTD. FOR A LICENSE TO USE
BODY-WORN CAMERA FOOTAGE, AND RATIFYING THE
CHIEF OF POLICE’S PRIOR SIGNATURE THERETO
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Materials License Agreement between the City of Pueblo, a Municipal
Corporation, and Arrow International Media Ltd. dated October 26, 2020, a true copy of
which is attached hereto and incorporated herein by this reference, and having been
approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The Chief of Police is authorized to execute and deliver the Materials License
Agreement in the name of the City, the Chief of Police’s prior signature to the
Agreement is hereby ratified, and the City Clerk is directed to affix the seal of the City
thereto and attest the same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Ordinance and the attached Materials License
Agreement to effectuate the transactions described therein.
SECTION 4.
This Ordinance shall become effective immediately upon final passage and
approval.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on November 9, 2020.
Final adoption of Ordinance by City Council on November 23, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on November 25, 2020 .
☐ Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
☐ Council did not act to override the Mayor's veto.
☐ Ordinance re-adopted on a vote of , on
☐ Council action on __________________failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-10
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: November 9, 2020
TO: President Dennis Flores and Members of City Council
CC: Nick Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Chief Troy Davenport – Police Department
Captain Kenny Rider – Police Department
SUBJECT: AN ORDINANCE APPROVING A MATERIALS LICENSE AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
ARROW INTERNATIONAL MEDIA LTD. FOR A LICENSE TO USE BODY-
WORN CAMERA FOOTAGE, AND RATIFYING THE CHIEF OF POLICE’S
PRIOR SIGNATURE THERETO
SUMMARY:
Attached is an Ordinance approving and authorizing a Materials License Agreement with Arrow
International Media Ltd. (“Arrow Media”), providing Arrow Media a license to use certain Body-
Worn Camera Footage, and ratifying the Chief of Police’s prior signature thereto.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
The City of Pueblo’s Police Department works with local, national, and international media
outlets to provide information on incidents of public interest that occur within the City of Pueblo.
Arrow Media is a video production company based out of the United Kingdom that produces
video projects for its customers. On October 26, 2020, Chief Troy Davenport signed the
Materials License Agreement with Arrow Media on behalf of the City of Pueblo due to Arrow
Media’s time constraints.
Ratification of this Materials License Agreement will provide Arrow Media with a license to use
body-worn camera video footage of an incident that occurred in March of 2018 in the City of
Pueblo, where Pueblo police officers safely resolved an issue involving an armed suicidal male
outside of a local hospital.
This agreement, if ratified, will allow a positive Pueblo Police Department story to be aired on an
international television channel.
FINANCIAL IMPLICATIONS:
Arrow Media has already paid the related research fees to the Pueblo Police Department for the
body-worn camera video footage. There are no other financial implications.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
There is no stakeholder process required for this Materials License Agreement.
ALTERNATIVES:
Not ratifying this Ordinance will terminate the Materials License Agreement, and thus prevent
Arrow Media from using the body-worn camera video footage.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
Materials License Agreement between the City of Pueblo and Arrow Media.
17-18 Margaret Street A R R
London W1W 8RP O w
T+44 2074896300 v A
E info@arrowmedia.com M v
MATERIALS LICENSE AGREEMENT
Date: c ft b e 1 L, 2620
Licensor: City of Pueblo.a Municipal Corporation -R("Vou"or
"Licensor")
Licensee: ARROW INTERNATIONAL MEDIA LTD.,including its successors, licensees and
assigns.
Licensed Material: Any and all visual and audio materials supplied by Licensor for the
Production(the"Material")
Production:
"Bodycam Series 3(w/t)"including without limitation any re-edited,reformatted or
compilation versions thereof.
Synopsis: 'Body cam Series 3' is a documentary series produced for the US channel
Investigation Discovery. Each episode provides an immersive insight into the risks faced by
officers on the frontline of policing every day. Using captured body camera footage,viewers
will experience, from a first-hand perspective, how officers all over the US respond to
emergencies.As well as body cam footage,and recreation,we will conduct in-depth interviews
with law enforcement officers and also others involved in each case.
License Fee: US$294.00(two hundred and ninety-four US Dollars. (based on 100%ownership
of the Material by Licensor)
In exchange for the License Fee(receipt of which is acknowledged)it is agreed as follows:
You hereby grant to Licensee the non-exclusive and irrevocable right,but not the obligation,to use all or any
part of the Material solely in connection with the Production(as defined above),without restriction,in any and
all media now known or hereafter invented (the"Media"),throughout the world, in perpetuity, an unlimited
numberoftimes. Licenseeagrees that the Licensor will not be depicted in a defamatory manner in the Production.
You permit Licensee to record, copy, cut, manipulate, edit, dub,subtitle, reproduce, broadcast, transmit and
perform all the Material in connection with the production,exploitation, promotion or/and advertising of the
Production as required and all extensions and renewals thereof by all means and in all Media.
Licensee agrees that a rough cut version of the extracts of the Material used in the Production("the Extracts")
will be provided to the Licensor for viewing before broadcast via a non-downloadable, non-exploitable, non-
transferable watermarked link solely for the purpose of ensuring that the Extracts are factually accurate
and do not contain confidential information (the "Purpose"). Licensor shall have five (5) business days
following Licensor's receipt of the Extracts, within which to review and provide Licensee with written
comments for the removal of the Extracts that conflict with the Purpose. Licensee agrees to remove Extracts
that conflict with the Purpose from the Production. If the Licensor fails to provide Licensee with written
comments within five(5)business days of the Licensor's receipt of the Extracts of the Program,then Licensee's
use of the Extracts shall be deemed approved. Licensor acknowledges and agrees that editorial control of the
Production rests with Licensee and the commissioning broadcaster of the Production.
Licensee acknowledges that You shall remain the exclusive owner of the Material and all rights not expressly
granted to Licensee hereunder are reserved to Licensor.
You acknowledge that the Licensee shall be the exclusive owner of all rights in the Production and that the
Licensee shall have the right to assign or license those rights without restriction.
You warrant that you are the sole owner of all rights in the Material and have the sole right and authority to
grant this permission and that the Licensee may use the Material without further payment to, or being in
violation of the rights of, any other third party. Licensor is a public governmental entity, the Material are
available for public access and consumption, and Licensor in no way warrants or agrees that third party use
17-18 Margaret Street A R
London W1W 8RP W
T4-44 2074896300 0 I Fie
E info@arrowmedia.com
thereof will not interfere with Licensee's rights,including but not limited to Licensee's use of the Material.
You understand that Licensee is not obligated to include the Material in the Production. Further, in the event
that Licensee does not include the Material in the Production,Licensee shall have no liability to pay the License
Fee to You.
Nothing in this Agreement is intended, nor should it be construed,to create any rights,claims, or benefits or
assume any liability for or on behalf of any third party,or to waive any immunities or limitations conferred under
federal or state law,including but not limited to the Colorado Governmental Immunity Act,§24-10-101 et seq.,
C.R.S.
This Agreement constitutes the final and entire agreement between the parties.This Agreement shall be governed
by and construed under the laws of the State of Colorado.Venue for any action arising under this Agreement or
for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County,Colorado.
A facsimile of any signature below will be deemed an original signature for all purposes.
AGREED AND ACCEPTED:
LICENSOR("You") LICENSEE
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Telephone number: 7/9 $r3".a41.2a