HomeMy WebLinkAboutRes 0662 - Community Antenna Television (CATV) Services
I I I
RESOLUTION NO. 662
A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING
THE MAYOR TO NEGOTIATE AND EXECUTE A COMMUNITY ANTENNA TELE-
VISION (CATV) CONTRACT FOR SERVICES.
WHEREAS, the City of Tukwila has need for the services of a
consultant to administer and regulate CATV franchises in accordance with
the rules and regulations of the Federal Communications Commission, and
WHEREAS, the City wishes to contract with 3 -H Management
Consultants to provide these services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
The Mayor is hereby authorized to negotiate and execute a
contract for Community Antenna Television (CATV) services with the
firm of 3 -H Management C
Contract to be essentially the same as the attached document.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUK LA, WASHINGTON,
at a regular meeting thereof this day of
1978.
CATV CONTRACT FOR SERVICES
THIS CONTRACT is made as of this day of
1978, between a municipal corporation of
the State of Washington (hereinafter referred to as
and 3 -H Management Consultants a corporation doing business in the State of
Washington (hereinafter referred to as 1 ;3 -H I•IC
WHEREAS, have the author-
ity and power to grant franchises to CATV (Community Antenna Television) to
use public right -of -way; and
h7iEREAS, 3 -11 MC 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, wishes to contract with
3 -H "IC 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 and 3 -H MC;
NON, THEREFORE, in consideration of the mutual benefits to be derived,
and in consideration of payments, covenants, and agreements, hereinafter
mentioned, to be made and performed by the parties hereto, the parties hereby
covenant and agree as follows:
1. SCOPE: OF SERVICES
3 -H AIC shall be designated as the agent for the following purposes:
A. FCC Regulations: Evaluate all the rules and regulations
of the FCC as they pertain to the regulatory responsibilities
of Report upon request
by the to the
in this regard. (See
Section IV). Insure adherence to the rules and regulations of
the FCC and any other applicable rules or laws.
B. Consumer Protection /Complaints: In the case of those public
inquiries and consumer complaints referred by the
assume responsibility for reviewing and responding
to such public inquiries regarding CATV services and resolve
consumer complaints regarding CATV services by conciliation
where possible.
C. Rates and Charges: Receive the written approval of
to conduct appropriate hearings and /or audits
for approval of increases in subscribers' rates and charges.
(See Section V (Q.
D. Franchise and Ordinance Revision: Assist
in an advisory capacity and make recommendations and suggestions
for the rewriting of franchises
and ordinances in compliance with the FCC rules and regulations
and any other applicable laws.
E. Franchise Applications: Process the applications for the grant-
ing and amendment of CATV franchises on such forms as are approved
by the and forward said forms
together with any pertinent information and recommendations to the
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Council for action and decision.
F. Documents: Assume responsibility for the development and main-
tenance of up -to -date systems status maps showing locations of
permitted construction activity and projections for future con-
struction. Maintain records of subscriber charges, channel alloca-
tions, performance tests, citizens' complaints and their resolut-
ions, and franchise records. 3 -H h ?C shall further maintain
copies of all CATV franchises issued by
and copies of such right -of -way construction permits issued
pursuant to those franchises.
G. Reports and Evaluations: Furnish with
information, recommendations and technical advice regarding CATV.
Submit an annual status and progress report to the
Council concerning the CATV industry (See Section IV);
technically assist where necessary.
H. Cable Districts: Suggest franchise areas and monitor the import-
ation of distant signals. Define and monitor construction sched-
ules for each district and franchise area.
I. Access Channels: Explore, coordinate and promote the development
of the dedicated channels for specialized or nonspecialized
purposes.
J. Collection of Franchise Fees: Under the advisement of the
who shall be responsible for collection of
franchise fees, monitor the collection of franchise fees and re-
port to 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
owned and controlled
government buildings for future installation of CATV systems dedi-
cated to government use.
M. Bonds and Insurance: Evaluate all bonds and insurance policies
and advise whether the bonds and
insurance are current and of sufficient amounts to protect
and its citizens.
N. Undergrounding of Utilities: Consult on and assist with coordina-
tion of all undergrounding of CATV systems with the proper
authority.
0. Ownership Changes: Inform
as to when any change in ownership or control of a CATV system
takes place.
P. Newsletter: Establish communication between
and the CATV companies through the usb of a periodic newsletter.
Q. Perform any other duties that may be required by
from time to time.
II. DURATION, RENEWAL AND TERMINATION
A. Duration: The term of this Contract small begin on January 1, 1979
and shall expire on December 31, 1930.
B. Renewal: Following the expiration of the original terms, the Contract
may be renewed upon such terms as are mutually agreed upon by the
written approval of both parties not later than December 1 of the year
preceeding the next contract term.
C. Termination: The Contract may be terminated upon written mutual agree-
ment of both parties at any time. If, at any time during the term of
contract, shall send a writ-
ten notice to 3 -H MC which specifies any non conformity or non compliance
_Q_
and requests that such non conformity or non- compliance be rectified,
3 -11 MIC shall within 30 days after receipt of such written notice by
rectify its actions so as to comply
with the terms of the Contract. If following such 30 day period, 3 -H
.NIC has not, in the opinion of
rectified any non conformity or non compliance,
may terminate the Contract by giving 3 -H MC 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. shall be responsible for
paying its obligations under the Contract through the date of termination.
III. RECORDS
3 -H MC 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 suit-
able to the 'Finance Officer.
IV. ANNUAL REPORT
3 -H MC shall submit to the and the
Council a status and progress report by
November 30th 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.
3 -H MC shall also submit an invoice supported by the required evidence
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in detail as requested by accompanied by
the annual report.
V. COMPENSATION AND METHOD Ur PAYMtN l
shall Pay 3 -I1 MC, for the services as
specified in Section 1 as follows:
A will not pay more than
for the calendar.year of 1979. Not included in the
above expenses are those activities that relate to paragraph V(Q
B. For succeeding calendar years, shall
annually negotiate the base fee.
C. will pay its proportionate
share of the costs for the use of auditors and hearing examiners,
if such service is deemed necessary by
upon the advice of 3 -II MC.
D. will initiate authorization for
payment to 3 -I1NIC for services rendered not later than fifteen
working days after the close of each calendar quarter.
VI. TITLE TO PROPERTY
shall retain title to any and all
correspondence, files, records, reports, operational charts, documents, etc.,
pertaining to CATV franchises and regulations.
VII. MUTUAL COVENNJT
In further consideration of the services to be performed by 3 -H MC for
under this agreement, 3 -11 MC and
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 compensation for or on account of
any damage, loss, injury either to person or property, or both, resulting from
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or which may result from any activities undertaken by 3 -11 MC or
pursuant to or connected with this agreement.
NE\tj VIII. HOLD HARMLESS
A. shall indemnify
and hold harmless from any and all liabilities,
fees, cost and damages, whether to person or property, or expense of
any type or nature which may accrue to the
by reason of the administration and regulation of CATV within the
of
IX. INSURANCE
3 -H MC shall carry sufficient insurance and such insurance shall include
as the additional insured.
X. 3 -H MC EMPLOYEES
All persons working for 3 -11 �,C shall remain solely the employees of
3 -11 MC and shall have no liability whatsoever
for employee benefits, claims, or employment taxes, as a result of entering into.
this Contract for Services.
XI. 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.
XII. 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 he in writing,
delivered in person or by Certified or Registered Mail to the following addresses:
XIII. Copies of this Agreement shall be filed with 3 -11 MC, the
Clerk and the Secretary of State.
XIV. That any act pursuant to the authority and Prior to the effective date
of this agreement is hereby ratified and confirmed.
SIGNED this day of 197
By
By
Nelda IM. Hurd, President
3 -11 Management Consultants
APPROVED AS TO FORM AND LEGALITY:
Date
Date