HomeMy WebLinkAboutContract 18749 STATE OF TEXAS G I TY -SECR ET
COUNTY OF TARRANT COKIR ACT
WHEREAS, the City of Fort Worth and Sammons Cable Services ,
Inc. , have entered into a cable television franchise agreement
under the terms of which the City manages broadcast channels
devoted to local programming; and
WHEREAS, the City of Fort Worth has allocated one channel of
its programming channels to be devoted to the broadcast of
programming of an educational nature and concerning local
education issues in the City of Fort Worth; and
WHEREAS, the City of Fort Worth desires to contract with the
Fort Worth Independent School District to provide certain
functions and services in connection with such broadcasts;
W I T N E S S E T H:
That for an in consideration of the mutual covenants ,
promises and agreements contained herein, the City of Fort Worth
( "City") , a home-rule municipal corporation acting by and through
its duly authorized Assistant City Manager , and the Fort Worth
Independent School District ( "District") , acting by and through
its duly authorized Assistant Superintendent , do hereby covenant
and agree as follows :
I .
As used in this contract , the following terms have the
following meanings :
"CATV System" means Sammons ' integrated system of antennas ,
coaxial cables , wires , waveguides , lines , towers and other
equipment and facilities designed and constructed for the purpose
of producing, receiving, transmitting, delivering and
distributing audio, video, digital and other electronic signals
to subscribers in the Sammons ' franchise area .
"Education Channel" means Channel 50 on the CATV System,
subject , however , to redesignation and relocation of District 's
service to another six MHz bandwidth on the CATV System.
"Sammons" means Sammons Cable Services , Inc. , which has
entered into a cable television franchise agreement with the
City, and its lawful successors , assigns and transferees .
"Service" means the management and programming services
provided by District in connection with the education channel ,
which includes without limitation:
a. Cataloguing , receiving, checking in, checking out ,
scheduling , delivery and pick up of videotapes shown on
the education channel .
b. Reviewing all videotapes for adherence to technical
standards required by Sammons and adherence to
copyright regulations .
C . Coordinating with the City in exchange of videotapes
which could prove beneficial to both entities .
d. Cooperating, where reasonable, with the City on video
projects that could prove mutually beneficial .
2 ,
For the period beginning March 1 , 1991 , and ending March 1 ,
1992 , District covenants and agrees to manage, control and
provide Service with respect to the Education Channel for the
purpose of providing programming of an educational nature and
2
concerning local education issues in the City.
3 .
In consideration of the services to be performed hereunder ,
City agrees to pay District an amount not to exceed $10 ,000 per
year, in four equal payments of $2 , 500 each, at successive three
month intervals quarterly. This contract may be renewed upon the
agreement of the parties , for two successive annual periods ,
subject to the availability of funds for payment under this
contract . During any annual renewal period, payments will be
made in equal , quarterly installments of $2 ,500 each. Payments
in these renewal periods may be increased if the number of cable
television subscribers increases above the current base number of
50 ,000 . If during any quarter, the number increases and is
maintained at a number above 50 ,000 , beginning in the next
quarter City will increase the payment to District by 20 percent
( 20%) of the $1 .00 per subscriber fee received by City for each
10 percent ( 10%) increase in the number of subscribers . Thus ,
for the first 5 ,000 subscribers added to and maintained for a
quarter , City will increase the quarterly contribution by 20% of
$15 ,000 or $3 ,000 . Quarterly payments would then increase by
$750 .00 . An example of the increase in payment is as follows :
50 ,000 subscriber base number
5 ,000 represents 10% increase
55 ,000 maintain for 1 quarter
$ 3 ,000 20% of 15 ,000
$ 750 quarter payment of the increase
and the increase will be likewise for each incremental increase
of subscribers .
3
4.
At the end of each quarter during the term hereof , District
shall submit a report of activities performed in fulfillment of
the conditions of this contract and in furtherance of the goal of
facilitating the broadcast of educational programming in the
City. These reports shall include, without limitation, an
accounting of expenditures for activities during the quarter; and
copies of all copyright clearance authorizations for programming .
District shall furnish to City at the City' s request all
information with respect to District ' s Service which may be
useful in the preparation of any reports or other documents that
may be required or requested to be filed with any federal , state
or local government agency.
5 .
Either party may cancel this contract upon thirty (30 ) days '
notice in writing to the other party of such intent to terminate.
In the event of such termination, City shall prorate the amount
paid to the District pursuant to Section 3 above for Service
performed up to the date of termination.
6.
Except as otherwise provided herein, District shall retain
editorial control over the programming on the education channel .
District assumes complete responsibility for the content of
programming and City undertakes no responsibility or duty for
prescreening or monitoring any 'programming , Except as otherwise
4
provided herein, city will not exercise any editorial control
over any video programming provided or cablecast by District , or
in any other way consider the content of such programming.
7 .
District warrants and represents to the City that any
programming, videos , or promotional material used, provided or
cablecast by District will not infringe any copyrights (including
without limitation, synchronization rights and performing
rights) , rights of privacy, use and distribution rights , rights
to the use of any trademark , trade name, service mark, or patent ,
or any other property right or other right whatsoever of any
person, corporation, firm or other entity. District shall be
responsible at its own cost for obtaining all consents , licenses
and permits necessary to use or cablecast videos or any other
programming , for carrying out District ' s obligations under this
contract , and for using any equipment or devises in connection
with the Service provided by District .
S .
District shall operate hereunder as an independent
contractor and not as an officer, agent , servant or employee of
the City. District shall have exclusive control of , exclusive
responsibility for, and the exclusive right to provide Service
and to control and manage the Education Channel and all persons
performing same, and shall be solely responsible for the acts and
omissions of its officers , agents , servants , employees ,
sub--ontractors, and program participants , The doctrine of
5
respondent superior shall not apply as between the City and
District , its officers , agents , servants , employees ,
subcontractors or program participants , and nothing herein shall
be construed as creating a partnership or joint enterprise
between City and District . It is expressly understood and agreed
that no officer , agent , employee or subcontractor of District is
in the paid service of the City.
9.
District may not install any equipment that attaches to or
interferes with the CATV System or perform any technical
functions or perform any other work affecting or attached to the
CATV System without first obtaining written approval from
Sammons . City shall in no way or under any circumstances be
responsible for any property belonging to District , its officers ,
agents , employees , subcontractors or program participants, which
may be lost , stolen, destroyed or in any way damaged.
10 .
District shall hold City , its officers , agents and employees
harmless , and indemnify them, from claims , judgments (including
legal fees and costs) whatsoever arising from or related to its
Service or its management and control of the Education Channel ,
or District 's breach of this contract , including any warranty or
representation on the part of District herein contained, and
including, without limitation, any liabilities , losses, damages ,
suits , actions , claims or judgments concerning libel , slander ,
program content , or violation or infringement of copyrights ,
6
trademarks , trade names , service marks, patents or other property
rights or other rights whatsoever . City reserves the right to
select counsel and control the defense of any claim against it
which is subject indemnification hereunder by District .
11 .
It shall be District ' s responsibility to see that all of the
activities performed by it pursuant to the terms of this contract
are covered by public liability and property damage insurance or
a self-insurance plan, provided, however, that District does not
waive any of its immunity from liability derived from the Texas
Tort Claims Act , V .T.C.A. Civil Practices and Remedies Code,
Chapter 101 . District shall provide and pay premiums for public
liability and property damage insurance or self-insure to insure
the District and City against any and all liability for losses as
per this agreement . District shall provide a certificate or
other evidence of insurance within 30 days after execution of
this contract . Such insurance shall provide City with 30 days '
prior written notice of any cancellation or non-renewal of the
insurance.
12 .
District , its officers , agents , employees and subcontractor
shall abide by and comply with all laws , federal , state and
local , including all ordinances , rules and regulations of the
City, and all provisions of this agreement . It is agreed and
understood that , if City calls to the attention of District any
such violation on the part of District or any of its officers ,
7
agents , employees or subcontractors ,. then District shall
immediately cease and desist from, and correct , such violation.
13 .
District , in the execution, performance or attempted
performance of this contract and agreement , will not discriminate
against any person or persons because of sex, race , religion,
color or national origin, nor will District permit its officers ,
agents , employees , or subcontractors to engage in such
discrimination.
This agreement is made and entered into with reference
specifically to Chapter 17 , Article III , Division 3 , of the City
Code of the City of Fort Worth ("Discrimination in Employment
Practices") , and District hereby covenants and agrees that
District , its agents , employees and subcontractors have fully
complied with all provisions of same and that no employee,
employee-applicant or program participant has been discriminated
against by the terms of such ordinance by either District , its
agents , employees or subcontractors .
14 .
This written instrument constitutes the entire agreement by
the parties hereto concerning the work and services to be
I performed hereunder, and any prior or contemporaneous, oral or
written agreement which purports to vary from the terms hereof
shall be void .
8
Should any action , whether real or asserted, at law or in
equity, arise out of the execution, performance, attempted
performance of this contract and agreement , venue for said action
shall lie in Tarrant County, Texas .
IN WITNESS WHEREOF, the parties hereto have executed this
agreement in multiples in Fort Worth, Tarrant County, Texas , this
day of A.D. 1991 .
T T
ATTEST: CITY OF FORT WORTH
A44X��t By :
City Secretary Assistant City Manager
APPRP,VED AS TO FORM AND LEGALITY :
Contract Authorization
t o r n' Date
City At torn' '7
ATTEST: FORT WORTH INI)i NDENT
SCHOOL DISTRI
By:
John Sa
Assistant Sup intendent
9
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority , a Notary Public in and
for the State of , Texas , on this day personally appeared
known to me to be the person whose
name is subscribe"d to the foregoing instrument , and acknowledged
to me that executed the same for the purposes and
consideration therein expressed.
„GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1991 .
Notary P,ublic in and For
the State of Texas
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of Texas , on this day personally appeared
__Jgk,j -5j4Lt,, ,q&e, , known to me to be the person whose
name is suscribed to the foregoing instruments , and acknowledged
to me that he executed the same for the purposes and
consideration therein expressed, as Fort Worth Independent School
District , and in the capacity therein stated as its duly
authorized officer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1f day of
j 1991 .
J
Notary Public in and For
the State of Texas
tAmr-NNZ A. CASRE
ic
-EXA,
I vy
0�0�' N.'y ofr1rfi to Ef.,
10
Qf- Fort Wborst/4, Texas,-
Mayor and Cap Cxwwwnication
DATE 09/24/91 1 REFERENCE NURIER **C-13066 1 LOG NAME 02CABLE 711lu 1 of 1
SUBJECT CONTRACTS WITH FORT WORTH INDEPENDENT SCHOOL DISTRICT AND TARRANT COUNTY
I JUNIOR COLLEGE FOR MANAGEMENT OF CABLE CHANNEL 50 AND 11
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute the
attached contracts with Fort Worth Independent School District and Tarrant County
Junior College for management of Cable Channel 50 and 11, respectively.
DISCUSSION:
On March 1 , 1990, the City of Fort Worth and the Fort Worth Independent School District
entered into a contract for the school district to manage the educational programming
on Cable Channel 50 by participants. The City paid Fort Worth ISO $10,000 from the
Cable Trust Fund 72, funded by the monthly Sammons subscriber charge. The school
district has managed the channel on an informal basis since the start of the franchise
in 1981. The attached contract is a renewal of the original contract at the same rate
of $10,000.
Since 1982, Tarrant County Junior College has offered college classes for credit on the
Sammons cable system and currently is the only secondary educational institution
utilizing Cable Channel 11. To formally recognize the management of the channel , the
City and Tarrant County have agreed to a management contract at a $1 a year fee.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds for the proposed contracts are
available in the current budget of the Special Trust Fund.
DAI :t
Submittea f
Office by: to
Originating Department Rea
rom)
FE72 ' '10000 0,000.N
mat i on
Contact: