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R-90-1434 - 4/12/1990WHEREAS, the City of Tucson, Arizona has created, copyrighted and is the owner of a public relations and community information program called "Beat the Peak" which is designed to foster water usage reduction and conservation, and WHEREAS, the City of Round Rock is interested in obtaining a non- exclusive license to utilize the "Beat the Peak" program in conjunction with its municipal water utility, Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to enter into a license agreement with the City of Tucson, Arizona, for the use of the "Beat the Peak" water conservation program. RESOLVED this 12th day of April, 1990. ATTEST: RSO4120C amiL NE LAND, City Secretary RESOLUTION NO. 11 4S4' MIKE ROBINSON, Mayor City of Round Rock, Texas LICENSE AGREEMENT THIS AGREEMENT, made and entered into by and between: The City of Tucson, Arizona, an Arizona municipal corporation, hereinafter referred to as the "Licensor," and The City of Round Rock, Texas, a Texas municipal corporation, hereinafter referred to as the "Licensee." WHEREAS, Licensor has created, copyrighted, and is the owner of a public relations and community information program known as "Beat the Peak," which is designed to foster water usage reduction and water conservation by water utility custom- ers; and WHEREAS, Licensee desires to obtain a non - exclusive li- cense from Licensor to utilize the "Beat the Peak" program in conjunction with the operation of its municipal water utility. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Grant of License. Licensor hereby grants to Lic- ensee the non - exclusive right during the term of this License Agreement to utilize the Licensor's "Beat the Peak" program. This non - exclusive license shall include the right to use the following materials: A. Use of the slogans "Beat the Peak" and "Never Water Between 4:00 p.m. and 8:00 p.m. and Never More than Every Other Day," including representational artwork developed by Li- censor in conjunction with the use of these slogans. 1 B. Use of the "Pete the Beak" duck as the offi- cial mascot for the program, including any representational art- work and costumes developed and designed by Licensor in conjunc- tion therewith. C. Use of "Beat the Peak" video and audio public service announcements produced by Licensor. D. Use of any other "Beat the Peak" artwork pro- duced by Licensor. 2. Duties of Licensee. This License shall be non - transferable, and Licensee specifically agrees not to subli- cense any portion of the "Beat the Peak" program to any other entity. Licensee agrees to pay all printing and dubbing costs associated with use of any of Licensor's materials under this Agreement. Licensor shall supply suitable masters to Licensee for reproduction. Within a reasonable time after the commence- ment of this Agreement, Licensee shall purchase a "Pete the Beak" costume, made according to Licensor's specifications, from a source approved by Licensor. Licensee shall provide artistic credit to Licensor on all written and printed materials, and any video or audio materials utilized pursuant to this Agreement as follows: "Produced by City of Tucson, Arizona." Licensee shall have no creative input, nor shall make any changes to any of the materials licensed hereunder without prior written approval from Licensor. Licensee shall have no ability to demand completed work prior to June 1, each year. 2 3. Payment. In consideration of the grant of this Li- cense, Licensee agrees to pay the Licensor the sum of One Dollar ($1.00) per year for the use of the "Beat the Peak" program. Additionally, Licensee shall pay a pro -rata share of annual de- velopment costs for "Beat the Peak" materials to be determined by comparison of the populations served by the respective water utilities of Licensor and Licensee, which pro -rated amount shall be determined annually and billed to Licensee. 4. Term. This Agreement shall become effective imme- diately upon the execution hereof by both parties. The Agree- ment may be terminated upon thirty (30) days written notice by either party to the other. 5. Hold Harmless. Licensee hereby covenants and agrees to indemnify, defend, and save harmless the Licensor, its Mayor and Council, appointed boards and commissions, officials, officers and employees, individually and collectively, from any and all demands, fines, suits, claims, judgments, attorney's fees, costs, or actions of any kind and nature arising or al- leged to have arisen by reason of any and all of Licensee's op- erations hereunder, and does hereby agree to, and does assume all of the risks in the use of the "Beat the Peak" program here- under; and shall be solely responsible and answerable for any and all injuries to persons or property arising out of Licens- ee's activities pursuant to this Agreement. 6. Licensee not an Agent of Licensor. It is expressly understood and agreed by the parties that this License Agreement 3 extends only to the use of the "Beat the Peak" program, and that Licensee shall retain its status as an independent entity, and shall in no event be considered as an agent or employee of Li- censor. Licensor expressly retains all rights to the "Beat the Peak" program and any materials developed thereunder, except as specifically granted to Licensee under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of this /�zyL day of , 1990. CITY OF TUCSON Mayor COUNTERSIGNED: 4 .42-4 t - .061 ---. City Clerk APPROVED AS TO FORM: For City Att and not personally 4 CITY OF TUCSON, a municipal corpora 'on, Licensor, BY: Its: As•urchasing Agent, not personally CITY OF ROUND ROCK, TEXAS, a municipal corporation, Lic- ensee, BY: /'v/"14{i / Thomas J. Volgy Mayor 791 -4201 Joel D. Valdez City Manager 791 -4204 Judith Brown Community Relations Director 791 -4401 Trish Williamson Community Relations Assistant Director 791 -4401 Ric Nielsen Community Relations, Artist 791 -4401 Bill Wright Water Resources Division Administrator 791 -4331 Tom Victory Chief Water Control Systems Engineer 791 -4331 Chuck Heath Reclaimed Water Plant Supervisor 791 -5003 Tom McLean Planning and Technical Services Division Administrator 791 -4331 Ken Herwehe Water Quality Laboratory Supervisor 791 -4862 Kirke Guild Chief Planning Engineer 791 -4331 Val Little Public Information Officer 791 -4331 Mary Bourret Photographer 791 -4331 Michael K. Tubbs Director April 19, 1990 Mr. Robert Bennett City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 Dear Bob: For your records, enclosed is Round Rock's copy of the Beat the • Peak license agreement complete with original signatures. Tucson wishes you a successful campaign. If there is anything further we can do, please let us know. I am attaching a list with the names, position titles and telephone numbers of the people you met while you were in Tucson this week. Feel free to contact them direct if you have any questions. We will be interested in your progress. I am sure that "Pete the Beak" will wend his way -into Round Rock residents' hearts! Please extend my regards to Mike, Charlie and Jim. Best of luck! rely, Michael K. Tubbs Director Attachments: License agreement List of City Personnel MKT:VV:pr \roundrk:ka cc: Judith Brown Bill Wright Tom McLean Val Little RECEIVED inz G 19N Tucson Water • City of Tucson • P.O. Box 27210 • Tucson, AZ 85726 -7210 • (602) 791 -4331 DATE: April 10, 1990 SUBJECT: City Council Meeting, April 12, 1990 ITEM: 9C. Consider a resolution authorizing the Mayor to enter into a Beat the Peak license agreement with the City of Tucson. STAFF RESOURCE PERSON: Bob Bennett STAFF RECOMMENDATION: The Council set a Beat the Peak Program as a goal for the City last summer. Tucson has agreed to license their program to the City. There is a 30 -day out in the agreement and cost will be shared on a pro -rata basis. The cost for this year will be $2,001.00. All information that Tucson has developed over the past 13 years of this program will be available to Round Rock. Mayor & Council Memorandum April 16, 1990 Subject= LICENSE AGREEMENT WITH ROUND ROCK, TEXAS, FOR USE OF "BEAT THE PEAK" (CITY -WIDE) The City of Round Rock, Texas, a suburb of Austin, has requested the use of Beat the Tucso program. To Rock the BACKGROUND INFORMATION Beat the Peak is a nationally recognized public information demand management and water conservation program. It was established in 1976 by the Citizens' Water Advisory Committee and has been used every summer since. The Community Relations Office produces the annual campaigns with technical review and input from Tucson Water. Round Rock, a rapidly-growing community of 33,000, hopes to duplicate Tucson's success in deferring expansion of its water system through the use of Beat the Peak. Under the proposed license agreement, the City of Round Rock could use materials produced for Tucson's campaign in return for paying Tucson a pro -rata share of development costs. All reproduction costs would be paid by Round Rock and no special materials would be produced for their campaign by Tucson. LICENSE AGREEMENT The proposed license agreement which Tucson Water, Community Relations and Round Rock have negotiated provides for: use of Beat the Peak slogans and representational artwork use of Beat the Peak video and audio productions produced by the City of Tucson purchase of a "Pete the Beak" Tucson specifications - a hold harmless clause - Round Rock assumes all printing and dubbing costs - Round Rock payment to Tucson of $1.00 per year for of the program, and - Round Rock to pay a pro -rata share of development costs for Beat the Peak materials costume made to City of With the concurrence of the Mayor & Council, the Purchasing Director will' CONCLUSION enter into a license agreement with the City of Round Pock, Texas, for their use of the Beat the Peak program. JDU:VV:mc \rndrk:ka \M. Tubbs Tucson Water 55 /APRIL16 -90 -194 Attachment: License Agreement Resp Joel City use tfuily submitted, Valdez Manager pa 1 o 1