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3.10. SR 01-18-2005 Item #3.10 MEMORANDUM TO: Mayor and City Council FROM: Joan Schmidt, City Clerk DATE: january 18, 2005 SUBJECT: Consider Approval of Agreement Between City of Elk River and School District 728 Independent School District #728 has requested the use of the City's Council Chambers for School Board meetings and to have these meetings broadcast live on ERtV Channel 12 by City production staff. The Council received in their packet of January 10 a draft agreement between the City of Elk River and the School District. At the council meeting of January 10, concern was expressed of date conflicts if the Council wished to have a special meeting in the Council Chambers and it was in use by the School Board. A motion was made and seconded that the School Board be advised that the City Council preferred the School District use the Chambers on the 1 st and 3rd Tuesday of each month and if that was not acceptable to use the Chambers on the 2nd and 4th Monday with the City Council reserving the right to pre- empt the use of the Council Chambers if the Council needs the room for a special meeting. On Tuesday, January 11, I informed Londa Chambers of the Council's decision. The School Board met that evening and acted to hold the School Board meetings at the Elk River City Council Chambers on the 2nd Monday ofthe month at 7:30 p.m. and the 4th Monday of the month at 7 p.m. with an effective date of February 14. The Board also approved the draft agreement. ACTION REOUESTED Approval of the attached agreement between the City of Elk River and Independent School District #728. S:\Council\Joan\Council Issues\School Brd Agreemt-Chambers.doc AGREEMENT BETWEEN THE CITY OF ELK RIVER AND INDEPENDENT SCHOOL DISTRICT NO. 728 THIS AGREEMENT is entered into between the City of Elk River, a municipal corporation under the laws of Minnesota ("City"), and Independent School District No. 728, a public corporation organized under the laws ofthe State of Minnesota ("District"). WITNESSETH WHEREAS, the District desires to use the City's Council Chambers for School Board meetings and to have these meetings broadcast on cable TV; and WHEREAS, the City is willing to make the City's Council Chambers available to the District for School Board meetings and to provide production staff for the live broadcast and taping of these School Board meetings held in the City's Council Chambers, in accordance with the terms and conditions stated herein. NOW, THEREFORE, it is mutually agreed that: 1. The District may use the City's Council Chambers on the 2nd Monday of each month for a School Board meeting commencing at 7:30 p.m. and on the 4th Monday of each month for a School Board meeting commencing at 7:00 p.m. These meetings will be broadcast live on ERtV Channel 12 by City production staff. The District will also have use of the equipment within the Council Chambers. 2. The City reserves the right to pre-empt the use of the Council Chambers if the Council needs the room for a special meeting. Ifthis should occur, the School Board may use the Uppertown Conference Room. Meetings held in the Uppertown Conference Room will not be cablecast live or videotaped. 3. The District shall be responsible for their staff to receive proper training on the use of the equipment within the Council Chambers. 4. The District shall provide the agenda for the School Board meeting to the City in electronic format. This agenda shall be provided no later than the Friday prior to the meeting. 5. The District, either through insurance or a self-insurance program, shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, damage, repair and/or replacement of equipment while using the Council Chambers while this contract is in effect, consistent with the District's obligations contained in Sections 8 and 9 herein. 6. The District also will abide by the following: a) The use of tobacco on City premises is strictly forbidden at all times. b) The possession and/or use of alcohol or controlled substances on City premises are prohibited. c) Use is limited to those areas of the building that are specifically approved and includes the nearest drinking fountain and lavatories. d) City production staff will be present throughout the use and cooperation with staff is essential. e) City production staff will be allowed discretion in the decision to stop filming or to turn off the audio because of the use of profanity or other inappropriate behavior by the audience or School Board members. :t) Any equipment brought in and its manner of use is subject to prior approval. g) Audience must be informed that food and beverages are not allowed in the Council Charribers. The District must enforce this policy. h) The facility is to be left in the same condition in which the District found it, returning all furniture, equipment, etc. to its original order. Charges for staff time may be assessed, depending on the extent of clean up needed. i) Notify the City Clerk of cancellation at least three business days prior to scheduled use. 7. The City will provide the following services with respect to use of the Council Chambers for School Board meetings: a) train School Board staff on the use of the equipment within the Council Chambers; b) provide production staff for the live broadcasting of the meeting on ERtV Channel 12; c) provide one VHS video tape of the School Board meeting and have this tape available the day after the meeting. 8. In consideration for the City making the room, equipment, and production staff available to the District, the District shall: a) reimburse the City, within thirty (30) days of demand made by the City, $75.00 per hour for production services and use ofthe Council Chambers (as well as reimburse the City for 30 minutes at this rate for City production staff to reproduce the School District agenda for airing purposes) and $5.00 for the VHS video tape; b) reimburse the City, within thirty (30) days of demand made by the City, $35.00 per hour for use of the Uppertown Conference Room when the Chambers is in use for a special meeting by the City Council; c) reimburse the City, within thirty (30) days of demand made by the City, for any costs incurred by the City due to damage of the equipment, including all costs to repair or replace destroyed or damaged equipment, including shipping and any other related costs; d) provide City with copy of comprehensive general liability insurance policy listing the City as additional insured for purpose of use of facility; and e) have School District members sign a form acknowledging they have received and agree to abide by the Elk River Government Access Cable TV Channel Guidelines. 9. Any and all claims that arise or may arise against the District, its agents, servants, or employees while engaged in the performance of this Agreement and/or the use of the Council Chambers and equipment, shall in no way be the obligation of the City. Furthermore, the District, its agents, servants, employees, or assigns shall indemnify, hold harmless, and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims, actions, or judgments, including attorneys' fees, which the City, its officers or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or failure to act by the District, its agents, servants or employees in connection with this Agreement. 10. This Agreement, any attached exhibits and any addenda or amendments signed by the parties, shall constitute the entire agreement between the parties, and supersedes any other written or oral agreements between the parties. This Agreement can only be modified in writing signed by the parties. 11. The District and City maintain the right to terminate this Agreement for any reason upon providing the other party thirty (30) days written notice. 12. This Agreement has been made under the laws of the State of Minnesota and such laws will control its interpretation. 13. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature( s) thereon, provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other parties to this Agreement thereto. IN WITNESS WHEREOF, the City and the District have caused this Agreement to be entered into and effective as ofthis day of 2005. CITY OF ELK RIVER By: Stephanie Klinzing Its: Mayor By: Joan Schmidt Its: City Clerk INDEPENDENT SCHOOL DISTRICT 728 By: Its: By: Its: S:\CLERK\CABLE-A V\Agreements\AGREEMENT ElkRiver & SD.DOC ERtV Your Local Cable Channel GUIDELINES FOR ELK RIVER GOVERNMENT ACCESS CABLE TV CHANNEL Any program produced by the City of Elk River's governmental organizations may be cablecast on the government access channel. Programs produced by others about the City of Elk River's governmental organizations and/or its supported activities may be cablecast on this channel, subject to the approval of the Elk River City Council. Programs produced by other governmental agencies or other community organizations may be cable cast on this channel, provided they have interest and value for the citizens of Elk River. Such programs shall also be subject to the approval of the Elk River City Council. Programs that contain, in whole or in part, any of the following subject matter will not be cablecast on the government access channel: A. Commercial Message or Material Anything promoting a product or a service, with the primary objective of producing a monetary profit for a specific commercial organization or individual, may not air on the government access channel. This is not to preclude the incidental mention of a business or product, as part of a program where the primary purpose is to disseminate information of public benefit. Businesses, individuals and organization may be acknowledged for assistance in the production of a program or the provision of other means of support. B. Political Campaigning The government access channel will not be used for political campaigning by individuals or organizations seeking public office or legislation. Neither can this channel be used for solicitation of funds for political purposes. This is not to preclude the cablecasting of political debates or candidates' meetings, provided that fairness and equal time rules are followed. Also, reports by current elected officials or community organizations regarding the status of issues and other governmental business, providing again, that fairness and equal time rules are followed where applicable. C. Religious Material Programming generally considered religious in nature will not be allowed. Program material that would advocate a particular religious belief will also not be allowed to air on the government access channel. Religious organizations or ideals may be mentioned as incidental information as part of a program. This rule certainly should not preclude . the appearance of a clergy or individual representing a particular religion as part of a program providing general information. D. Obscenity and Defamation Every effort will be made to assure that all programs cablecast on the government access channel adheres to the rules of the Minnesota Cable Communications Act and community standards relative to obscenity and defamation. E. Schedule and Program Priorities The Elk River City Council and staff shall determine priorities for the production and cablecasting of programs in accordance with these guidelines and available resources. Responsibility for planning, budgeting and operation shall be as designated by the City Council. Passed and Adopted by the City Council on February 22, 1999. I acknowledge that I have read, understand, and received a copy of the Guidelines for Elk River Government Access Cable TV Channel. I agree to abide by this policy. Date Signature Print Name : Hlin cIDL(f l/ l8/CS- . Item #3.10 MEMORANDUM TO: Mayor and City Council FROM: Joan Schmidt, City Clerk DATE: January 18, 2005 SUBJECT: Consider Approval of Agreement Between City of Elk River and School District 728 City Attorney Chris Johnson reviewed the agreement between the City of Elk River and School District 728 on Friday and suggested changes. I have attached the new document. The areas highlighted in red are additions and the areas highlighted in blue have been reworded. ACTION REOUESTED Approval of the attached agreement between the City of Elk River and Independent School District #728. S:\Council\Joan\Council Issues\School Brd Agreemt-Chambersrevised.doc AGREEMENT BETWEEN THE CITY OF ELK RIVER AND INDEPENDENT SCHOOL DISTRICT NO. 728 THIS AGREEMENT is entered into between the City of Elk River, a municipal corporation under the laws of Minnesota ('CitY), and Independent School District No. 728, a public corporation organized under the laws of the State of Minnesota ('District). WITNESSETH WHEREAS, the District desires to use the City's Council Chambers for School Board meetings and to have these meetings broadcast on cable TV; and WHEREAS, the City is willing to make the City's Council Chambers available to the District for School Board meetings and to provide production staff for the live broadcast and taping of these School Board meetings held in the City's Council Chambers, in accordance with the terms and conditions stated herein. NOW, THEREFORE, it is mutually agreed that: 1. The District may use the City's Council Chambers on the 2nd Monday of each month for a School Board meeting commencing at 7:30 p.m. and on the 4th Monday of each month for a School Board meeting commencing at 7:00 p.m. These meetings will be broadcast live on ERtV Channel 12 by City production staff. The District will also have use of the equipment within the Council Chambers. 2. The City reserves the right to pre-empt the use of the Council Chambers if the Council needs the room for a special meeting. If this should occur, the School Board may use the Uppertown Conference Room. Meetings held in the Uppertown Conference Room will not be cablecast live or videotaped. The City shall give the District at least 72 hours notice in writing or through email of a special meeting. 3. The District shall be responsible for their staff to receive proper training in the use of the equipment within the Council Chambers before using this equipment. 4. The District shall provide the agenda for the School Board meeting to the City in electronic format. This agenda shall be provided no later than the Friday prior to the meeting. 5. The District agrees to hold the City harmless and to assume full liability for any loss or damage whatsoever to any person or property (including equipment) occurring on or in City Council Chambers and arising out of, by reason of, or during the Districfs use, possession, and occupancy of City Council Chambers. 6. The District also will abide by the following: a) The use of tobacco on City premises is strictly forbidden at all times. b) The possession and! or use of alcohol or controlled substances on City premises are prohibited. c) Use of the facility is limited to those areas of the building that are specifically approved and includes the nearest drinking fountain and lavatories. d) City production staff will be present throughout the use and cooperation with staff is essential. e) City production staff will be allowed discretion in the decision to stop filming or to turn off the audio because of the use of profanity or other inappropriate behavior by the audience or School Board members. f) Any equipment brought in and its manner of use is subject to prior approval by the City Clerk. g) Audience must be informed that food and beverages are not allowed in the Council Chambers. The District must enforce this policy. h) The facility is to be left in the same condition it was in before the District had its meeting (return all furniture, equipment, etc. to its original order). Charges for staff time may be assessed at $25.00 per hour if clean up is needed. i) Notify the City Clerk in writing or email of a cancellation of a School Board meeting at least three business days prior to scheduled meeting. 7. The City will provide the following services with respect to use of the Council Chambers for School Board meetings: a) train School Board staff on the use of the equipment within the Council Chambers; b) provide production staff for the live broadcasting of the meeting on ERtV Channel 12; c) provide one VHS video tape of the School Board meeting and have this tape available the day after the meeting. 8. In consideration for the City making the room, equipment, and production staff available to the District, the District shall: a) pay th~ City $75.00 per hour for 'producti~n services and use of the \ --c(. I, CouncIl Chambers; to ~.. ~ \J \ '\. w( J.~ G '(~~h) ~(:)Y c..(:)~r ~TTec nt heSj pay the City $37.50 to reproduce the School District agenda for airing purposes and $5.00 for the VHS video tape; pay the City $35.00 per hour for use of the Uppertown Conference Room when the Chambers is in use for a special meeting by the City Council; b) c) d) pay for any costs incurred by the City due to damage of the equipment, including all costs to repair or replace destroyed or damaged equipment, including shipping and any other related costs; e) provide City with copy of comprehensive general liability insurance policy listing the City as additional insured for purpose of use of facility; and f) have School District members sign a form acknowledging they have received and agree to abide by the Elk River Government Access Cable TV Channel Guidelines. 9. The District shall make payment to the City within thirty (30) days of written demand by the City. 10. The District shall hold the City harmless from and indemnity City against any and all liability, damage, loss and expense arising or resulting from the acts or omission of or caused by District or Districfs employees, servants, agents, guests, assigns, visitors or licensees in, upon or about the City Council Chambers or approved areas of City Hall or arising out of or related to the use and occupancy of the above described areas, including injuries to person and property. 11. This Agreement, any attached exhibits and any addenda or amendments signed by the parties, shall constitute the entire agreement between the parties, and supersedes any other written or oral agreements between the parties. This Agreement can only be modified in writing signed by the parties. 12. The District and City maintain the right to terminate this Agreement for any reason upon providing the other party thirty (30) days written notice. 13. This Agreement has been made under the laws of the State of Minnesota and such laws will control its interpretation. 14. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon, provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other parties to this Agreement thereto. 15. All notices, demand and communications, under the terms and conditions of this agreement shall be given in writing or email to Joan Schmidt, City Clerk, on behalf of the City and to , on behalf of the District. (Name) (Title) IN WITNESS WHEREOF, the City and the District have caused this Agreement to be entered into and effective as of this day of 2005. CITY OF ELK RIVER By: Stephanie Klinzing Its: Mayor By: Joan Schmidt Its: City Clerk INDEPENDENT SCHOOL DISTRICT 728 By: Its: By: Its: S:\CLERK\CABLE-A V\Agreements\AGREEMENT ElkRiver & SD.DOC ERtV Your Local Cable Channel GUIDELINES FOR ELK RIVER GOVERNMENT ACCESS CABLE TV CHANNEL Any program produced by the City of Elk Rivers governmental organizations may be cablecast on the government access channel. Programs produced by others about the City of Elk Rivers governmental organizations and/or its supported activities may be cablecast on this channel, subject to the approval of the Elk River City Council. Programs produced by other governmental agencies or other community organizations may be cablecast on this channel, provided they have interest and value for the citizens of Elk River. Such programs shall also be subject to the approval of the Elk River City Council. Programs that contain, in whole or in part, any of the following subject matter wiD not be cablecast on the government access channel: A. Commercial Message or Material Anything promoting a product or a service, with the primary objective of producing a monetary profit for a specific commercial organization or individual, may not air on the government access channel. This is not to preclude the incidental mention of a business or product, as part of a program where the primary purpose is to disseminate information of public benefit. Businesses, individuals and organization may be acknowledged for assistance in the production of a program or the provision of other means of support. B. Political Campaigning The government access channel will not be used for political campaigning by individuals or organizations seeking public office or legislation. Neither can this channel be used for solicitation of funds for political purposes. This is not to preclude the cablecasting of political debates or candidates' meetings, provided that fairness and equal time rules are followed. Also, reports by current elected officials or community organizations regarding the status of issues and other governmental business, providing again, that fairness and equal time rules are followed where applicable. C. Religious Material Programming generally considered religious in nature will not be allowed. Program material that would advocate a particular religious belief will also not be allowed to air on the government access channel. Religious organizations or ideals may be mentioned as incidental information as part of a program. This rule certainly should not preclude the appearance of a clergy or individual representing a particular religion as part of a program providing general information. D. Obscenity and Defamation Every effort will be made to assure that all programs cablecast on the government access channel adheres to the rules of the Minnesota Cable Communications Act and community standards relative to obscenity and defamation. E. Schedule and Program Priorities The Elk River City Council and staff shall determine priorities for the production and cablecasting of programs in accordance with these guidelines and available resources. Responsibility for planning, budgeting and operation shall be as designated by the City Council. Passed and Adopted by the City Council on February 22, 1999. I acknowledge that I have read, understand, and received a copy of the Guidelines for Elk River Government Access Cable TV Channel. I agree to abide by this policy. Date Print Name Signature