HomeMy WebLinkAbout08993ORDINANCE NO. 8993
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN PUEBLO, A MUNICIPAL
CORPORATION AND PUEBLO SCHOOL DISTRICT NO. 60,
A PUBLIC SCHOOL DISTRICT, RELATING TO THE
MANAGEMENT OF AN EDUCATION ON THE COMCAST
CABLE SYSTEM IN THE CITY OF PUEBLO AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAID AGREEMENT
WHEREAS, the City of Pueblo wishes to select Pueblo School District No. 60 as
a “designated access provider” to manage one of the three public, education and
government (“PEG”) channels on the Comcast Cable Television System within the City
of Pueblo; and
WHEREAS, Pueblo School District No. 60 has requested to be a “designated
access provider” and is willing to manage one of the three PEG channels on the local
Comcast system; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Intergovernmental Agreement between the City of Pueblo and Pueblo
School District No. 60, a true copy of which is attached hereto, having been approved
as to form by the City Attorney, is hereby approved by Council. The President of City
Council is hereby authorized and directed to execute the Intergovernmental Agreement
by and on behalf of the City of Pueblo, and the City Clerk is directed to affix the seal of
the City thereto and to attest same.
SECTION 2.
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 Intergovernmental
Agreement which are necessary or appropriate to effectuate transactions described
therein.
SECTION 3.
This Ordinance shall become effective immediately upon final passage.
INTRODUCED: May 23, 2016
BY: Ed Brown
PASSED AND APPROVED: June 13, 2016
City Clerk’s Office Item # R-2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 23, 2016
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO SCHOOL
DISTRICT NO. 60, A PUBLIC SCHOOL DISTRICT, RELATING TO THE
MANAGEMENT OF AN EDUCATION CHANNEL ON THE COMCAST CABLE
SYSTEM IN THE CITY OF PUEBLO AND AUTHORIZING THE PRESIDENT OF
CITY COUNCIL TO EXECUTE SAID AGREEMENT
SUMMARY:
Attached is an Ordinance which approves and authorizes the President of City Council to execute
an intergovernmental agreement (“IGA”) with Pueblo School District No. 60. The IGA names the
school district as a “designated access provider” to manage one of the City’s public, education
and government (“PEG”) channels on the Comcast Cable System in the City.
PREVIOUS COUNCIL ACTION:
None. This Ordinance designates Pueblo School District No. 60 as a “designated access
provider” for the first time.
BACKGROUND:
By separate Ordinance, the City is granting to Comcast a five-year non-exclusive franchise to
operate its cable system within the City. Under the Franchise Agreement, Comcast is required to
provide three (3) PEG channels on its City cable system. Pursuant to Section 9.1 of the Franchise
Agreement, the City may choose one or more entities to manage a PEG channel. Pueblo School
District No. 60 has requested that it be named as a “designated access provider” in order to
provide television programming for the benefit of its students.
Pursuant to the Franchise Agreement, Comcast is required to collect and pay to the City a fifty
cent per month per subscriber PEG access support fee for capital improvements for the PEG
channels. In the attached IGA, the City has agreed to pay the school district one third of the PEG
capital funds received from Comcast. Of the remaining PEG fees, one third will be retained by
the City and one third paid to Pueblo Community College.
FINANCIAL IMPLICATIONS:
The City anticipates receiving approximately $120,000 in PEG fees annually. Of that amount,
one third (approximately $40,000) will be paid to the school district; one third (approximately
$40,000) will be paid to Pueblo Community College; and one third (approximately $40,000) will
be retained by the City.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
Failure to approve this Ordinance would require the City to find another “designated access
provider” for one of Comcast’s PEG channels.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Proposed Ordinance and Proposed Intergovernmental Agreement
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT("Agreement") is made and entered into this 13th day of June, 2016,
by and between the Pueblo School District No. 60,a public school district and political subdivision
of the State of Colorado, 315 West 11th Street. Pueblo, Colorado 81003 (hereinafter referred to as
"District 60"), and the City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo,
Colorado (hereinafter referred to as "City"). City and District 60 may each be referred to herein
as a"Party" or collectively as the "Parties."
WHEREAS, District 60 provides a pre-kindergarten through 12th grade public education
program, including career and technical education, and desires to provide education in the field of
television production, videography and broadcasting for its students; produce and/or broadcast
educational or instructional content; broadcasting meetings of District 60's Board of Education;
and provide public announcements and other matters of interest or importance to the District 60
educational community (all of which functions are hereinafter collectively referred to as
"Television Programming"); and
WHEREAS, District 60 and City desire to cooperate in District 60's efforts to provide
meaningful Television Programming; and
WHEREAS, under that certain Franchise Agreement between the City of Pueblo and
Comcast of Colorado IV,LLC("Comcast")approved by Ordinance No�h33 of the City of Pueblo
("Franchise"), Comcast has been granted a cable television franchise under which it (a) must
activate and make available public, educational and government ("PEG") channels to its
subscribers, and (b) must collect and remit PEG access support fees to be used by City solely for
PEG capital facilities and equipment ("PEG Capital Funds"); and
WHEREAS, pursuant to Section 9.1 of the Franchise Agreement, City may designate an
entity or entities to manage all or part of the PEG channels ("designated access providers"); and
WHEREAS, District 60 represents that it is willing and able to act as a designated access
provider for a PEG channel provided under the Franchise, and City is willing to select District 60
as a designated access provider subject to compliance with the terms of this Agreement; and
WHEREAS, City is willing to provide PEG Capital Funds to District 60 for acquisition of
capital equipment and facilities to be used in connection with Television Programming for
cablecasting on its designated PEG channel; and
WHEREAS, the District 60 Superintendent or her designee has been delegated the
authority to approve training agreements, to receive services, to use property, and to enter into
other agreements so long as they involve less than $50,000.00; and
WHEREAS, the Board of Education of District 60 has designated the Superintendent to
enter into such training and other agreements for District 60;
NOW, THEREFORE, in consideration of the foregoing recitals and the terms and
conditions set forth herein, the parties agree as follows:
1. GENERAL AND SCOPE OF SERVICES.
(a) District 60 agrees to perform,using its own employees and enrolled District
60 students, volunteers, and any consultants or contractors hired by District 60, the planning,
implementation, professional services necessary to provide Television Programming, and to
furnish all labor, equipment and materials encompassed within or reasonably necessary to
accomplish the tasks and functions described in the Scope of Services attached hereto as Exhibit
"A" and incorporated herein by reference, in full compliance with all the provisions of this
Agreement.
(b) District 60 represents that it has the requisite authority and the necessary
capacity to perform the services and Television Programming contemplated in Exhibit "A." To
the extent any services or Television Programming are provided by consultants or contractors to
District 60,District 60 shall bind same to the terms of this Agreement,and shall be responsible for
their work and services.
(c) District 60 agrees that all Television Programming and related services
performed under this Agreement by students enrolled at District 60 shall be supervised by District
60 instructors, and District 60 instructors shall supervise students when programming is released
to the Comcast headend.
2. CITY RESPONSIBILITIES.
City shall designate in writing a representative of City who will be authorized to make all
necessary decisions on behalf of City in connection with the performance of this Agreement and
the disbursement of funds hereunder. In the absence of such a designation, the City Manager
shall be deemed the City's designated representative.
3. PEG CAPITAL GRANT.
(a) Subject to receipt of PEG Capital Funds from Comcast and appropriation
thereof by City Council, City will make a grant to District 60 in the amount of one-third (1/3) of
the PEG capital funds received from Comcast for acquisition by District 60 of capital equipment
and fixtures dedicated to Television Programming and support ("PEG Capital Grant"). All such
equipment and fixtures shall have a useful life of not less than 5 years. City will disburse the
PEG Capital Grant to District 60 in the following manner:
(i) District 60 shall obtain pre-approval by City of the specific capital
equipment and fixtures to be procured within PEG Capital Grant funds, and
(ii) upon acquisition of the equipment and fixtures, District 60 shall submit
periodic reimbursement requests to City detailing the eligible payment and reimbursement
items.
Upon verification by City that the expenditure has been authorized, City will disburse payment of
PEG Capital Funds to District 60, aggregating up to but not exceeding the maximum amount
specified in this Section.
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(b) Subject to receipt of PEG Capital Funds from Comcast (provided by the
$0.50 per month per subscriber PEG access support fee for capital improvements), and
appropriation thereof by City Council to District 60, City commits to making PEG Capital Grants
to District 60 during the term of this Agreement, in the approximate amount of$40,000.00 per
year.
4. TERM OF AGREEMENT.
The term of this Agreement shall be from July 1, 2016 to June 30, 2021, unless sooner
terminated as herein provided. District 60 shall begin Television Programming by no later than
October 1, 2016, subject to obtaining any necessary City approvals for permits and adequate time
for construction thereafter. In the event approvals are delayed at no fault of District 60, the City
agrees to grant an extension of time as may be reasonably necessary for District 60 to complete
the work and begin Television Programming.
5. TERMINATION FOR CAUSE.
This Agreement may be terminated by City for cause, including any material
nonperformance by District 60, upon ten (10) days' prior written notice to District 60 including a
statement of the reasons therefor. During said ten (10) day period, District 60 shall either correct
the nonperformance or request a hearing before the City Council to determine whether District 60
has failed to perform and whether, in the determination of Council, the Agreement should be
terminated. If a hearing is requested, it shall be scheduled at a regular or special meeting of the
City Council, and the decision of the City Council after hearing shall be deemed final and
conclusive.
6. ASSIGNABILITY.
This Agreement shall not be assigned or transferred by either Party without the prior
written consent of the other Party. Any assignment or attempted assignment made in violation of
this provision shall, at the non-assigning Party's election, be deemed void and of no effect
whatsoever.
7. INDEPENDENT CONTRACTOR.
District 60 is performing services under this Agreement as an independent contractor, and
nothing hereby shall be construed to make District 60 or any of its agents, employees or students
the agents or employees of City. No student, teacher, District 60 employee, parent, personal
representative or other person, firm or entity shall be granted or have any private right of action,
claim or civil liability remedy against the City or District 60,or their respective officers,employees
or agents, by virtue of this Agreement. Nothing in this Agreement shall be construed to create
any liability, or to waive any of the immunities, limitations on liability or other provisions of the
Colorado Governmental Immunity Act, C.R.S. §§24-10-101 et seq., or to waive any immunities
or limitations on liability otherwise available to the City, District 60, or their officers, employees
or agents.
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8. LIABILITY.
As to the City, District 60 agrees to assume the risk of all personal injury, including death
and bodily injury, and damage to and destruction of property, including loss of use therefrom,
caused by or sustained, in whole or in part, in conjunction with or arising out of the performance
or nonperformance of this Agreement by District 60 or by the conditions created thereby;provided,
however,that nothing in this paragraph is intended, nor should it be construed,to create or extend
any rights,claims or benefits or assume any liability for or on behalf of any third party,or to waive
any immunities or limitations otherwise conferred under or by virtue of federal or state law,
including but not limited to the Colorado Governmental Immunity Act, C.R.S. §§24-10-101 et
seq. District 60 shall provide and maintain Workers' Compensation insurance coverage for self
insurance on its employees complying with the requirements of State law.
9. NO CREATION OF DEBT BY CITY.
This Agreement is expressly made subject to the limitations of the Colorado Constitution.
Nothing herein shall constitute, nor be deemed to constitute, the creation of a debt or multi-year
fiscal obligation or an obligation of future appropriations by the City Council of Pueblo, contrary
to Article X, §20 of the Colorado Constitution or any other constitutional, statutory or charter debt
limitation. Notwithstanding any other provision of this Agreement, with respect to any financial
obligation of City which may arise under this Agreement in any fiscal year after 2016, in the event
the budget or other means of appropriations for any such year fails to provide funds in sufficient
amounts to discharge such obligation, such failure shall not constitute a default by or breach of
this Agreement, including any attachment or exhibit thereto, by the City.
10. MISCELLANEOUS.
(a) Notices. Any and all notices or other communications required or
permitted by this Agreement or by law to be served on or given to either Party by the other Party
shall be in writing and shall be deemed duly served and given when personally delivered to the
party to whom it is directed, or in lieu of such personal service, when deposited in the United
States mail, first-class postage prepaid, addressed to the City,Attention: City Manager, 1 City Hall
Place,Pueblo,Colorado, or to District 60,Attention: Superintendent,315 West 11th Street,Pueblo,
Colorado 81003. Either Party may change its address for the purpose of this paragraph by giving
written notice of such change to the other Party in the manner provided in this paragraph.
(b) Entire Agreement. This instrument contains the entire agreement between
the Parties concerning the subject matter hereof, and any other written or oral agreement or
representation respecting the subject matters hereof or the duties of either Party in relating thereto
not expressly set forth in this instrument and its attachments is null and void.
(c) Amendments. No amendments to this Agreement shall be made nor be
enforceable unless made by written amendment signed by an authorized representative of each
Party.
(d) Equal Employment Opportunity. In connection with the performance of
this Agreement, District 60 shall not discriminate against any employee or student or applicant for
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employment because of race, color,religion, sex,marital status, sexual preference,national origin,
disability or age. District 60 shall endeavor to insure that applicants are employed and that
employees are treated during employment without regard to their race, color,religion, sex, marital
status, sexual preference, national origin, disability or age.
11. SIGNATURES. The persons signing this Agreement on behalf of each party
represent and warrant that such persons and their respective party have the requisite power and
authority to enter into, execute and deliver this Agreement and that this Agreement is a valid and
legally binding obligation of such party enforceable against it in accordance with its terms.
IN WITNESS WHEREOF,the parties have entered into this Agreement the day and year
first written above.
PUEBLO SCHOOL DISTRICT NO. 60 CITY OF PUEBLO,
A MUNICIPAL a " O : e
By. Ott .SM,keicac.6/
B
President, Board of Education res':
EXHIBIT "A"
SCOPE OF SERVICES
Generally, District 60 shall provide the following functions: (1) Serving as the designated
access provider for its designated PEG channel under the Comcast Franchise, and (2) Providing
Television Programming, as that term is defined in the Agreement.
I. Designated Access Provider
District 60 shall serve as one of the City's designated access providers under the Comcast
Franchise. In connection therewith District 60 shall:
1. Schedule and transmit all content to the headend of Comcast for airing on its
designated PEG channel.
2. Manage the designated PEG channel on behalf of City,subject to general discretion
from City. In general, the education channel ("E") shall be used for educational or instructional
content; the broadcasting of meetings of District 60's Board of Education; and other material and
announcements of interest or importance to the District 60 educational community.
3. (District 60 to explain other functions, if any)
4. (District 60 to explain other functions, if any)
5. In managing the designated PEG channel, District 60 shall make reasonable efforts
to not permit commercial programming or advertising; provided that brief recognition of
programming sponsors may be made. District 60 shall also make all reasonable effort to avoid
transmission of libelous,obscene or otherwise unprotected speech or material prohibited by federal
law.
6. Develop rules and regulations for use and management of the designated PEG
channel and submit same to the City Manager for approval. In the event the City Manager
requests any changes therein, District 60 shall make such changes and resubmit the rules and
regulations for approval.
7. Operate and maintain all equipment necessary to support District 60's functions as
a designated access provider.
8. District 60 is encouraged to provide channel information to Comcast and
Comcast's menu programmer in a timely manner in order to enable the program information to
appear in the menu. District 60 should obtain the menu provider information directly from
Comcast.
9. Make reasonable efforts to provide around-the-clock programming on its
designated PEG channel. Inadequate scheduled programming and excessive service outages
during scheduled programming shall be grounds for termination of this Agreement for cause.
10. Notify the City Manager if it determines that activation of an additional PEG
channel is needed.
11. Promote the use of its PEG channel to content providers and the public.
II. PEG Origination Services
District 60 shall establish and equip a television production facility, including all necessary
equipment and personnel, in order to record, produce and transmit original programming or other
authorized content for its designated PEG channel.
4834-2241-4129,v. 2
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