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HomeMy WebLinkAboutR-2047-5-02RESOLUTION NO. 2047-5-02(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COT COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND COLLIN COUNTY COMMUNITY COLLEGE DISTRICT, ALLOWING THE DISTRICT TO BROADCAST EDUCATIONAL PROGRAMMING THROUGH THE CABLE SYSTEM; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, has been presented a proposed Interlocal Cooperation Agreement ("Agreement") by and between Collin County Community College District, Texas, and the City of Allen, Texas, for designating an access channel for educational programming, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference; and, WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and fords that the terms and conditions thereof should be approved, and that the City Manager should be authorized to execute the Agreement an behalf of the City of Allen, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: The terrors and conditions of the Agreement, having been reviewed by the City Council of the City of Allen and found to be acceptable and in the best interests of the City of Allen and its citizens, be, and the same is hereby, in all things approved. SECTION 2: The City Manager is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Allen, substantially according to the terms and conditions set forth in this Agreement. SECTION 3: The City Secretary shall forward a certified copy of this Resolution to Ralph Hall, Collin County Community College District Vice President of Administration. SECTION 4: This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 16m DAY OF MAY, 2002. APPROVED: e k /l-, Q Stephen Terrell, MAYOR ATTEST: Ju4 Mo on, CMC/AAE, CITY SECRETARY INTERLOCAL COOPERATION AGREEMENT FOR CABLE BROADCAST CHANNELS BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND COLLIN COUNTY COMMUNITY COLLEGE DISTRICT This Agreement ("Agreement') is made and entered into as of the (%day of 4 2002, by and between the CITY OF ALLEN, a municipal corporation of the State of (hereinafter called "Allen') and COLLIN COUNTY COMMUNITY COLLEGE DISTRICT, (hereinafter called "CCCCD") acting by and through their authorized representatives. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes units of government to contract with one or more units of government to perform governmental functions and services; and WHEREAS, ALLEN has a cable system in place which provides, among other things, channels for local broadcasting (the "Cable System"); and WHEREAS, ALLEN and CCCCD have investigated and determined that it would be advantageous and beneficial to ALLEN and its residents to share the cable system with CCCCD for the purpose of allowing CCCCD to broadcast educational programming as provided herein; and WHEREAS, ALLEN and CCCCD have investigated and determined that broadcasting educational programming will benefit ALLEN residents by promoting additional educational opportunities by providing flexibility for students who have difficulty commuting to one of the college campuses or whose schedules demand a non-traditional delivery method; NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other valuable consideration the sufficiency and receipt are hereby acknowledged ALLEN and CCCCD agree as follows: Definitions "Channel" shall mean broadcast channel 76 on any cable service currently holding a Cable System franchise with ALLEN. "Programming" shall mean any educational content and/or information except general CCCCD content and/or information presented in a PowerPoint or other slide, text -generated, or other non -video format. "Off -programming" shall mean general CCCCD content and/or information presented in a PowerPoint or other slide, text -generated, or other non -video format. INTERLOCAL AGREEMENT FOR CABLE BROADCAST CHANNEL Pape 7 of 5 2. Broadcasting. ALLEN grants CCCCD, at CCCCD sole cost and expense, the ability to broadcast Programming and Off -Programming on channel 76 of any cable system in Allen subject to the terms and conditions of this Agreement. CCCCD must work directly with the current cable system franchisee of ALLEN to obtain the necessary equipment to ensure a quality broadcast of Programming is displayed on the designated channel. ALLEN further authorizes CCCCD to broadcast promotional material for 501(c)(3) non-profit organizations and/or events. The use granted herein shall be for the exclusive use by CCCCD and for no purpose or person or entity without the prior written approval of ALLEN. Conditions of Broadcastin a. Approval. ALLEN retains the right to review and cancel any Programming or Off -Programming at any time, and for any reason. b. Identifier. CCCCD must, at its sole cost and expense, include a CCCCD identifier at the bottom right-hand comer during any and all Programming broadcast pursuant to this Agreement. C. Seize of Broadcast. At any time and for any reason, but typically in the case of a civil emergency, ALLEN may seize, interrupt and supersede any CCCCD broadcast made pursuant to this Agreement from ALLEN's Emergency Management Center. The emergency interrupt provides emergency information and instructions during the emergency or disaster period on all channels provided by the Cable System franchisee, including the educational access channel provided to CCCCD. CCCCD shall be solely responsible for any and all costs associated with ALLEN seizing any CCCCD broadcast pursuant to this Agreement. d. Promotion of Civic Events. ALLEN reserves the right to promote civic events during any CCCCD Off -Programming. C. Promotion of Other Channels. CCCCD shall provide at least one (1) slide, approved by ALLEN, during its Off -Programming to promote other ALLEN cable channels which must be broadcast at least six (6) times a day, or any other lesser amount approved by ALLEN. 4. Term and Termination. Term. This Agreement shall commence on July 1, 2002 and shall terminate on June 30, 2007, unless terminated earlier as provided herein (the "Terns'). The Term may be renewed upon the mutual written agreement of the parties hereto. INTERLOCAL AGREEMENT FOR CABLE BROADCAST CHANNEL Papa 2 of 5 b. Termination. This Agreement may be terminated by either party upon thirty (30) days prior written notice to the other party when there is a breach in the terms and conditions of this contract. ALLEN reserves the right to reclaim the channel if necessary for future programming needs of ALLEN, and will give CCCCD as much written notice as possible, but in no event less than ninety (90) days. 5. Miscellaneous Provisions. a. Force Majeure. Notwithstanding anything herein to the contrary, a party shall not be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, fire, accident, Act of God, or other similar or different contingency beyond the reasonable control of such party. b. Notice. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre- paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand -delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to ALLEN, to: Peter H. Vargas, City Manager City of Allen One Allen Civic Plaza Allen, Texas 75013 If to CCCCD, to: Ralph Hall, V.P. Administration Collin County Community College 4800 Preston Park Boulevard Plano, TX 75092 C. Assignment. This Agreement and any rights or privileges hereunder shall not be assignable to any other entity, other than any successor of the CCCCD, without the express written consent of ALLEN. Such consent shall be evidenced by an ordinance or resolution, which shall fully recite the terms and conditions, if any, upon which such consent is given. BROADCAST CHANNEL d. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. e. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and venue for any action shall be in Collin County, Texas. f. CountmartS. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. g. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. h. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. i. Sovereign Immunity. Each party agrees that the other party has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. j. Current Revenue. Each party paying for the performance for governmental services or functions under this Agreement shall be paid from current revenue available to such party. k. Recitals. The recitals to this Agreement are incorporated herein. EXECUTED this/lday of 2002. CITY OF ALLEN, TEXAS INTERLOCAL AGREEMENT FOR CABLE BROADCAST CHANNEL Pape/of6 TITLE: CITY MANAGER EXECUTED this 6tMay of May 2002. COLLIN COUNTY COMMUNITY COLLEGE DISTRICT 1 By_ PRINT NAME: Ralph G. Hall TITLE: VP Admnistmtim wEM,ocaLAGREEMENT rasCABLEORDAbMTcwwxEL Page$ma