|Radio Program Rebroadcast Consent Agreement
This Radio Program Rebroadcast Consent Agreement (hereinafter “Agreement”) is entered into on ____, 2002 between The Arizona Board of Regents for and on behalf of Northern Arizona University (hereinafter “KNAU”) and KUYI, owned and operated by The Hopi Foundation (hereinafter “KUYI”.) KNAU and KUYI are public service radio stations. The purpose of this agreement is to allow KUYI to rebroadcast certain programming provided by KNAU. This agreement is intended to facilitate cooperation between KNAU and KUYI in providing beneficial radio programming to the public within the widest possible broadcast service area and with the greatest possible convenience for both stations.
KNAU Programming. KUYI is hereby authorized by KNAU to rebroadcast portions of the program service emanating from KNAU (Hereinafter “KNAU Programming”), including programming distributed by (i) Public Radio International (“PRI”), and (ii) National Public Radio (“NPR”). All such KNAU programming is to be rebroadcast live (simultaneous with the signal feed to KUYI by KNAU), without tape delay, on KUYI.
Rebroadcast Time. Except as provided in paragraph III concerning NPR Newscasts, KUYI is authorized to rebroadcast KNAU programming in multiple but consecutive 59-minute blocks of time.
Newscast. NPR hourly newscasts originating from KNAU may be re-broadcast on KUYI.
Program Interruptions. When re-broadcasting KNAU programming, KUYI shall not interrupt the programming for any reason except to broadcast local emergency announcements in the event of local disasters, severe weather warnings or the like.
Credits. KUYI must carry NPR and KNAU funding credits and attribution that NPR newscasts on KUYI are made possible through the station’s partnership with KNAU. KUYI may -broadcast its own underwriting credits following NPR and KNAU credits. KUYI and KNAU will mutually acknowledge on-air, at least once hourly, that the rebroadcast programs on KUYI originate with KNAU and are made possible through a partnership between the two stations.
KNAU Fund Drives. During the re-broadcast schedule as agreed to herein, KUYI may, in its sole discretion, preempt KNAU programming during KNAU’s on-air fund drives in the event of special tribal events, holidays, or emergency situations. Nothing in this Agreement shall prohibit KUYI from originating or maintaining its own fundraising activities.
KUYI Identification. KUYI shall broadcast its own identification announcements as required by Federal Communications Commission regulations during its hours of re-broadcasting KNAU programming.
Rebroadcast Schedule. KUYI will maintain a consistent rebroadcast schedule of KNAU Programming and will provide KNAU with a copy of the schedule. In the event the officials and/or management of KUYI desire to make a change in the rebroadcast schedule, KNAU shall be notified in writing no less than seven days in advance of the schedule change.
Required Approvals. The effectiveness of this agreement and its authorization for KUYI to rebroadcast programs from KNAU is contingent upon approval by PRI and NPR of this Program Rebroadcast Consent Agreement.
Interconnection. KUYI will be responsible for providing all funds and equipment necessary to maintain and operate its interconnection to the KNAU station.
KUYI Licensing. The Hopi Foundation will remain the licensee of KUYI and shall be responsible for maintenance and operation of the broadcast facilities necessary for KUYI to maintain its self-originating programming and to rebroadcast KNAU programming.
Acquisition Costs. KNAU is responsible for payment of all program acquisition costs and clearance of all broadcast rights for acquired network and syndicated programming rebroadcast on KUYI.
Modifications. This agreement may be modified at any time upon 30-days written notice. Such modifications shall be agreed to by both KUYI and KNAU, in writing, signed by both parties, with copies of such modification provided to each station.
Term. The initial term of this agreement shall be for one (1) year effective ______________ 2002 and ending _______________ 2003. The agreement shall then renew automatically and remain in effect until terminated. Written notice of intent by one party to terminate this agreement must be given to the other party in writing at least 90 days prior to the termination of the agreement. .
Non-discrimination. The parties agree to comply with Arizona Executive Order 99-4, prohibiting discrimination in employment by government contractors, to the extent applicable to this agreement.
Cancellation for Conflict of Interest. The parties agree that this agreement may be cancelled for conflict of interest in accordance with A.R.S. 38-511.
Claims and Controversies. All claims and controversies arising under this agreement shall be resolved pursuant to Arizona Board of Regents procurement procedures, section 3-809, in particular section 3-809 (c).
Cancellation for Lack of Funding. This agreement may be cancelled without any further obligation on the part of the Arizona Board of Regents and Northern Arizona University in the event that sufficient appropriated funding is unavailable to assure full performance of its terms. KUYI shall be notified in writing of such non-appropriation at the earliest opportunity.
Assignment of Anti-Trust Overcharge Claims. The parties recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact borne by the ultimate purchaser of the goods and services for which an overcharge is paid; therefore, KUYI hereby assigns to the Arizona Board of Regents any and all claims for such overcharges.
Inspection and Audit. All books, accounts, reports, files and other records relating to this agreement shall be subject at all reasonable times to inspection and audit by the Arizona Board of Regents, Northern Arizona University or the Auditor General of the State of Arizona, or their agents for five (5) years after expiration or termination of this agreement. Such records shall be produced at Northern Arizona University, or such other location as designated by Northern Arizona University, upon reasonable written notice to KUYI.
Liability Insurance. Northern Arizona University shall maintain adequate insurance (through the State’s Risk Management Division, which is a self-insurance program) to cover any liability arising from the acts and omissions of Northern Arizona University employees participating in the program. The University shall not be responsible for maintaining insurance coverage for liability arising from the acts and omissions of KUYI and its employees or agents.
KUYI shall maintain adequate insurance (which may include a bona fide self-insurance program) to cover any liability arising from the acts and omissions of KUYI and its employees or agents. KUYI shall not be responsible for maintaining insurance coverage for liability arising from the acts and omissions of Northern Arizona University employees or agents.
Mutual Indemnification Each party (as ‘indemnitor’) agrees to indemnify, defend, and hold harmless the other party (as ‘indemnitee’) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney’s fees) (hereinafter collectively referred to as ‘claims’) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability of the indemnitee, are the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers.
Loris Taylor, KUYI General Manager
John Stark, KNAU General Manager
Bonnie Gonzalez, Northern Arizona Uuniversity Director of Procurement
Phillip Tuwaletstiwa, Hopi Foundation Board of Trustees