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HomeMy WebLinkAboutRES 101006-P - GISD Agmt Cable TV ServiceResolution No. /0,001 " P A Resolution Approving an Interlocal Agreement Between the City of Georgetown, Texas, and the Georgetown Independent School District regarding Cable Television Services provided by the City of Georgetown to the Georgetown Independent School District, and Authorizing the Mayor to execute same and the City Secretary to Attest. WHEREAS, V.T.C.A., Government Code, Chapter 791, the Texas Interlocal Cooperation Act, provides that any one or more public agencies may contract with each other for governmental functions and services, including public health and welfare; records center services; administrative functions; and other governmental functions in which the contracting parties are mutually interested in order to provide a governmental function or service that each party to the contract is authorized to perform individually. WHEREAS, Section 791.001 of the Government Code provides that the Parties are authorized to contract or agree to perform governmental functions and services to increase the efficiency and effectiveness of their respective local governments. WHEREAS, the City desires to enter into an Interlocal Agreement with the Georgetown Independent School District for the provision of Cable Television Services on PEG Channel 10 under the terms and conditions set forth in the Interlocal Agreement (Exhibit "A"); and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim The City Council finds that this resolution implements the following policy of the Century Plan — Policy Plan Element GISD Interlocal Agreement - Cable Television. Services Resolution No. /©%004' ^P Page 1 of 2 6.0 City owned, sponsored or managed public information and education services enhance the quality of life of the citizens of Georgetown, and 14.0 A high level of cooperation and involvement exists among Georgetown's citizens and governmentalorganizations; and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to attest thereto, the Lease Agreement with Williamson -Burnet County Opportunities, Inc. on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. M RESOLVED THIS Sandra Lee, City Secretary APPROVED AS TO FORM: DAY OF OCTOBER, 2006. Brown & Carls, LLP, City Attorney CITY OF GEORGETOWN Gary I lon, Mayor GISD Interlocal Agreement -- Cable, elevision Services Resolution No. vivo& or Page 2 of 2 INTE OCAL AG E ENT '61 THIS INTERLOCAL AGREEMENT is made and entered into effective this 47 day of -1571:6-2), 2006, by and between the GEORGETOWN INDEPENDENT SCHOOL DISTRICT, (the "GISD"), a local political subdivision, and the CITY OF GEORGETOWN, a Texas home -rule municipal corporation (the "City"), for purposes of providing cable television services on Cable Channel 10, as listed on Exhibit "A" attached hereto and incorporated herein by reference. The GISD and the City are referred to collectively herein as the "Parties," or individually as a "Party." WITNESSETH: WHEREAS, V.T.C.A., Government Code, Chapter 791, the Texas Interlocal Cooperation Act, provides that any one or more public agencies may contract with each other for governmental functions and services, including public health and welfare; records center services; administrative functions; and other governmental functions in which the contracting parties are mutually interested in order to provide a governmental function or service that each party to the contract is authorized to perform individually. WHEREAS, Section 791.001 of the Government Code provides that the Parties are authorized to contract or agree to perform governmental functions and services to increase the efficiency and effectiveness of their respective local governments. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the undersigned Parties agree as follows: TE 1. S AND CONDITIONS . The Parties agree the City will provide cable television services on Cable Channel 10 to GISD, as described in Exhibit A. Such services will be provided by the City to the GIS for a monthly flat fee, as provided in Exhibit "B," to be paid on the first day of each GISD-City Inter1ocaI Agreement — For Cable TV Page 1 of 6 calendar month. Cable television services provided to GISD must adhere to the City's adopted Cable Channel Policies and Procedures. 2. Term. The term of this Agreement shall be for one (1) year. The term shall automatically be extended for successive one-year periods if not terminated pursuant to Paragraph 3, below. This Agreement will terminate if funding is no longer available from current funds of either the GISD or the City. 3. Termination. Either Party may terminate this Agreement upon giving thirty (30) days written notice to the other Party. 11. MISCELLANEOUS 4. Severability. The Parties agree that in the event any provision of this Agreement is held by a court of competent jurisdiction to be in contradiction of any laws of the State of Texas or the United States of America the remainder of the Agreement shall be in full force and effect. 5. Entire Agreement. This Agreement constitutes the entire agreement between the Parties hereto, and supersedes all their oral and written negotiations, agreements and understandings of every kind. The Parties understand, agree and declare that no promise, warranty, statement or representation of any kind whatsoever, which is not expressly stated in this Agreement, has been made by any Party hereto or its officers, employees or other agents to induce execution of this Agreement. GISD-City Interlocal Agreement — For Cable TV Page 2 of 6 6. No Waiver of Immunities. Nothing in the Agreement shall be construed to waive any immunities from suit or liability enjoyed by the GISD, the City, their past or present officers, employees, or agents or employees. 7. Amendment or Modification. This Agreement may not be amended, modified, waived, or altered in any way except by an instrument in writing executed by the Parties hereto. 8. Notice. Except as otherwise specified herein, all notices and demands shall be in writing presented personally or sent by certified or registered mail, return receipt requested, to any Party at the following addresses: To GISD: GEORGETOWN INDEPENDENT SCHOOL DISTRICT Attn: Superintendent 603 Lakeway Drive Georgetown, TX 78628 To City: CITY OF GEORGETOWN Attn: City Manager P.O. Box 409 Georgetown, Texas 78627-0409 or to such other address as provided in writing by the receiving Party. 9. ?lace of Performance and Venue. This Agreement shall be performable in Williamson County, Texas, and any suit arising from this Agreement shall be brought in a court of competent jurisdiction in Williamson County, Texas. 10. Approval by Governing Bodies, This Agreement has been approved by the governing bodies of the City and of GISD. GISD-City Interlocal Agreement — For Cable TV Page 3 of 6 11. Payment from Current Revenues. Each Party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying Party. EXECUTED TO BE EFFECTIVE this /O day o GEORGET INDEPENDENT SC 1 001, DIST By: 447,1 t hien Printed Name: tork f?...)06 Title: -Etor,v- (21\ A e ATTEST: By:( ,,,„ ,,,,,---,. CITY OF GEORGETOWN 7 By: fj Pririted N e: Gary Nelon Title: Mayor ATTEST: By: Sandra D. Lee, City Secretary APPROVED AS TO FO C-` Patricia E. Carls Brown & Carls, LLP City Attorney e e CT , 2006. GISD-City Inter1ocaI Agreement — For Cable TV Page 4 of 6 Scope of Services The Parties agree the City will provide the following cable television services on Cable Channel 10 to GISD as listed below: . Public Service Announcements (PSAs) including PSAs submitted from the GISD Booster Clubs, PTAs, GISD Technology, GISD Federal Program and Georgetown Project co -sponsored Teen Nights for GHS students. The City shall post the PSAs to a continuous electronic bulletin board. 2. Tapes of GISD events, to include but not limited to Eagle football games, coaches show, Frost Citizen of the Month, Frost Fun Run, Volleyball games, girls' basketball games, boys' basketball games and GHS commencement. Tapes of such events will typically be replayed two or three times. . Other television services mutually agreed to in writing by both Parties. GISD-City In Page 5 of 6 ocal Agreement — For Cable TV E BIT "B" Compensation Schedule la The City and GISD are tax-exempt entity. All charges shall be free of tax. 2. The Parties agree the GISD will pay the City a monthly flat fee of $1,200 (one thousand two hundred dollars) for the cable television services provided. GISD-City Interlocal Agreement— For Cable TV Page 6 of 6