HomeMy WebLinkAboutRes 0570 - Interlocal Agreement - City of Seattle for Community Antenna TelevisionCITY OF
WASHINGTON
RESOLUTION NO 570
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
A CONTRACT WITH THE CITY OF SEATTLE TO PROVIDE
CERTAIN SERVICES AS LISTED IN SECTION I OF THE
CONTRACT CONCERNING COMMUNITY ANTENNA TELEVISION.
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DOES RESOLVE AS FOLLOWS:
The Mayor is authorized to execute a contract
with the City of Seattle to provide certain
services listed in Section 1 of the contract
which is attached as a reference.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, at a regular meeting thereof this 7th day of March 1977.
Edgar D. Bauch Mayor
Maxine Anderson City Clerk
CATV CONTRACT FOR SERVICES
THIS CONTRACT is made as of this /9 day of
1977, between the City of Tukwila, a municipal corporation of the State
of Washington (hereinafter referred to as "Tukwila and the City of
Seattle, a municipal corporation of the State of Washington (hereinafter
referred to as "Seattle
WHEREAS, Tukwila and Seattle each have the authority and
power to grant franchises to CATV (Community Antenna Television) to use
public right -of -way; and
WHEREAS, Seattle's Board of Public Works' Office of Cable
Communications has been established to administer and regulate CATV franchises,
in accordance with the rules and regulations of the Federal Communications
Commission and other federal, state and local requirements; and
WHEREAS, Tukwila wishes to contract with Seattle to provide
certain services listed in Section 1 below, while retaining its authority
to make policy and franchise regulating decisions; and
WHEREAS, the Contract for Services will be economically beneficial
to both Tukwila and Seattle;
NOW, THEREFORE, in consideration of the mutual benefits to be derived
and in consideration of payments, covenants, and agreements, hereinafter men-
tioned, to be made and performed by the parties hereto, the parties hereby
covenant and agree as follows:
I. SCOPE OF SERVICES
Seattle through its Board of Public Works' Office of Cable
Communications shall be designated as the agent for Tukwila for the
following purposes:
A. FCC Regulations: Evaluate all the rules and regulations
of the FCC as they pertain to the regulatory responsibilities
of Tukwila. Report upon request by the City to the Mayor
and the Tukwila City Council in this regard. (See Section IV
Insure adherence to the rules and regulations of the FCC
and any other applicable rules or laws.
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132 Protection /Complaints: In the case of those public
inquiries and consumer complaints referred by the City, assume
responsibility for reviewing and responding to such public
inquiries regarding CATV services and resolve consumer complaint
regarding CATV services byconciliation where possible.
C. Rates and Charges: Receive the written approval of Tukwila
to conduct appropriate hearings and /or audits for approval of
increases in subscribers' rates and charges. (See Section V (C)
D. Franchise and Ordinance Revision: Assist Tukwila in an advisory
capacity and make recommendations and suggestions for the
rewriting of Tukwila franchises and ordinances in compliance
with the FCC rules and regulations and any other applicable
laws.
E. Franchise Applications: Process the applications for the
granting and amendment of CATV franchises on such forms as
are approved by the City of Tukwila, and forward said forms
together with any pertinent information and recommendations
to the Tukwila Director of Utilities and the Clerk of the
Tukwila City Council for action and decision.
F. Documents: Assume responsibility for the development and
maintenance of up -to -date systems status maps showing locations
of permitted construction activity and projections for future
construction. Maintain records of subscriber charges, channel
allocations, performance tests, citizens' complaints and their
resolutions, and franchise records. The Office of Cable
Communications shall further maintain copies of all CATV
franchises issued by Tukwila and copies of such right -of -way
construction permits issued pursuant to those franchises.
G. Reports and Evaluations: Furnish Tukwila with information,
recommendations and technical advice regarding CATV. Submit
an annual status and progress report to the Tukwila City Council
concerning the CATV industry (See Section IV); technically
assist where necessary.
H. Cable Districts: Suggest franchise areas and monitor the
importation of distant signals. Define and monitor construction
schedules for each district and franchise area.
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I Access Channels: Explore, coordinate and promote the developmei
of the dedicated channels for specialized or nonspecialized
purposes.
J. Collection of Franchise Fees: Under the advisement of the Tukwi
Finance Director who shall be responsible for collection of
franchise fees, monitor the collection of franchise fees and
report Tukwila if an account becomes delinquent.
K. Public Information: Provide information about CATV programs
and channel allocations to the general public.
L. Government Buildings: Assist in the planning and designation of
Tukwila owned and controlled government buildings for future
installation of CATV systems dedicated to government use.
M. Bonds and Insurance: Evaluate all bonds and insurance policies
and advise Tukwila whether the bonds and insurance are current
and of sufficient amounts to protect Tukwila and its citizens.
N. Undergrounding of Utilities: Consult on and assist with coordina•
tion of all undergrounding of CATV systems with the proper Tukwilz
authority.
0. Ownership Changes: Inform Tukwila as to when any change in
ownership or control of a CATV system takes place.
P. Newsletter: Establish communication between Tukwila and the
CATV companies through the use of a periodic newsletter.
Q. Perform any other duties that may be required by Tukwila from
time to time.
II. DURATION, RENEWAL AND TERMINATION
A. Duration: The term of this Contract shall begin on January 1,
1977, and shall expire on December 31, 1977
B. Renewal: Following the expiration of the original time, the
Contract may be renewed upon such terms as are mutually agreed
upon by the written approval of both parties not later than
Dec. 31, 1977of the year preceeding the next contract term.
C. Termination: The Contract may be terminated upon written mutual
agreement of both parties at any time. If, at any time during
the term of the contract, Tukwila shall send a written notice
to Seattle which specifies any non conformity or non compliance
and requests that such non conformity or non compliance be
rectified, Seattle shall within 30 days after receipt of such
written notice by Tukwila rectify its actions so as to comply
with the terms of the Contract. If following such 30 day period,
Seattle has not, in the opinion of Tukwila rectified any
non- conformity or non compliance, Tukwila may terminate the
Contract by giving Seattle 30 days written notice of its intent
to terminate. At the expiration of said 30 days, the Contract
shall be terminated without further obligation on the part of
either party. Tukwila shall be responsible for paying its
obligations under the Contract through the date of termination.
III. RECORDS
Seattle shall keep and maintain copies of all records pertaining
to the administration of this Contract. All expenses shall be supported
by properly recorded payrolls, time records, invoices, contracts, vouchers,
or other official documentation evidencing in proper detail the nature
and propriety.of each expense. Such records shall be in the form suitable
to the Tukwila Finance Director.
IV. ANNUAL REPORT
Seattle shall submit to the Tukwila Finance Director and the
Tukwila City Council a status and progress report by December 31, 1977,
of each calendar year. Included in this report shall be the FCC update
and CATV industry update as required in I -A and I -G. Seattle shall also
submit an invoice executed in accordance with the attached form
Exhibits 1, 2, and 3, and accompanied by the annual report.
V. COMPENSATION AND METHOD OF PAYMENT.
Tukwila shall pay Seattle, for the services as specified in
Section 1 as follows:
A. Tukwila recognizes that there will be extraordinary first -year
expenses in establishing the system for providing the services
required, and therefore will pay Tukwila's share of the reasonable
operating expenses of Seattle's Office of Cable Communications,
including: Personnel services; office support; supplies, travel
and communications; and performance tests; provided, that Tukwila
will not pay more than $1,000 for the calendar year of 1977. Not
included in th e above expenses are those activities that relate to
paragraph V(C).
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B.',:or succeeding calendar years,`—ikwila shall annually negotiate
the base fee for Tukwila support of the reasonable operating
expenses as delineated in paragraph A directly before.
C Tukwila will pay its proportionate share of the costs for
the use of auditors and hearing examiners, if such service is
deemed necessary by Tukwila upon the advice of Seattle. The
proportionate share shall bear the same ratio as the ratio of
respective franchise fees received by Seattle and from each
franchise in question.
D. Tukwila will initiate authorization for payment to Seattle
for services rendered not later than fifteen working days
after the close of each calendar quarter.
VI. TITLE TO PROPERTY
Tukwila is contributing nothing to capital equipment outlay, and
all office equipment purchased by Seattle shall remain the sole property of
Seattle. Tukwila shall retain title to any and all correspondence, files,
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records, reports, operational charts, documents, etc., pertaining to
Tukwila CATV franchises and regulations.
VII. MUTUAL COVENANT
In further consideration of the services to be performed by
Seattle for Tukwila under this agreement, Seattle and Tukwila agree that
each will not institute any suit or action at law or otherwise against
the other nor institute, prosecute or in any way aid in the institution
or prosecution of any claim, demand, action or cause of action for damages,
costs, loss of service, expenses or compensation for or on account of any
damage, loss, injury either to person or property, or both, resulting from
or which may result from any activities undertaken by Seattle or Tukwila
pursuant to or connected with this agreement.
VIII. SEATTLE EMPLOYEES
All persons working for the Seattle Office of Cable Communications
shall remain solely the employees of Seattle and Tukwila shall have no
liability whatsoever for employee benefits, claims, or employment taxes,
as a result of entering into this Contract for Services.
IX. AMENDMENT AND INTEGRATION
This writing constitutes the entire Contract between the parties,
and shall only be changed or modified by a writing agreed to and signed by
both parties.
X. NOTICE
.Any notice or reports to be given by either party hereto, to the
other under the provisions of or with respect to this Contract shall be in
writing, delivered in person or be Certified or Registered Mail to the
following addresses:
Tukwila City of Tukwila
14475 59th Ave. South
Tukwila, WA 98168
Seattle City of Seattle Board of Public Works
c/o Office of Cable Communications
Seattle Municipal Building Q, s `9
Seattle, WA 98104
XI., Copies of this Agreement shall be filed with the Seattle City Clerk,_
the Tukwila City Clerk and the Secretary of State. s
f.
XII. That any act pursuant to the authority and prior to the effective date
of this agreement is hereby ratified and confirmed.
SIGNED this 74 day of 72 (7 1977.
APPROVED AS TO FORM AND LEGALITY:
City Attorney, Tukwila
APPROVED AS TO FORM AND LEGALITY:
Seattle Corporation Counsel
TUKWILA
By f:4aci �lY. /tyP�
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Edgar'. Bauch, Mayor
G CITY 0 SEATTLE
Wes Uhlman, Mayor
Date
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