23-1613ORDINANCE NO. 23- 1613
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A SERVICE AGREEMENT RELATED TO PUBLIC, EDUCATION, AND
GOVERNMENT (PEG) GRANTS WITH THE DENTON INDEPENDENT SCHOOL
DISTRICT FOR ITS PEG CHANNEL; AUTHORIZING THE EXPENDITURE OF FUNDS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Under Section 66.009 of the Texas Utility Code all cable providers collect a
PEG Fee remitted to the City of Denton;
WHEREAS, the City of Denton utilizes such PEG Fee to fund the PEG Fund which is
used to support local PEG channel; and
WHEREAS, the Denton Independent School District operates a DISD TV Channel; and
WHEREAS, City staff recommends providing a one-time grant in the amount of $10,000
to provide funding for capital equipment related to the DISD TV Channel; and
WHEREAS, City Staff having recommend, and the City Manager having recommended
to the Council that such grant be authorized; NOW THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or designee is hereby authorized to execute an
agreement between the City of Denton and Denton Independent School District for its TV
channel. The agreement for the DISD channel operated by Denton Independent School District,
attached hereto, is incorporated herein and made a part hereof.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
Th, m,ti,. t, ,pp„„, thi, „di„,„„ w,s made by to\ H+1 +tc/ and
seconded by BrI Ab bec&l . This ordinance was passed and approved bythe following vote a - a] :
Aye
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Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer, District 3 :
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Joe Holland. District 4:J
JBrandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:J
PASSEDANDAPPROVEDthi,th, int'- d,y ,f S,etCH\;)er . 2023.
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ATTEST:
JESSE SALAZAR, CITY SECRETARY
A\\ \\ \ III 11111
APPROVED AS TO LEGAL FORM:
MACK REINWAND. CITY ATTORNEY
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FY2022-23 SERVICE AGREEBmNT
BETWEEN THE CITY OF DENTON, TEXAS AND DENTON UVDEPENDENT
SCHOOL DISTRICT - DISD-TV
This Agreement is hereby entered into by and between the City of Denton, Texas, a Home
Rule Municipal Corporation, hereinafter referred to as "City", and the Denton Independent School
District – DISD-TV, hereinafter referred to as “Organization“:
WHEREAS, City has determined that the proposal for services merits assistance and can
provide needed services to citizens of City; and
WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public
interest as it will assist local non-profit agencies, schools, hospitals, and public safety organizations
within the City, among other things;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES
Organization shall in a satisfactory and proper manner perform the following tasks, for
which the monies provided by City may be used:
The funds being provided shall be used by Organization to assist with the costs of capital
equipment related to providing Public, Educational and Government cable television services
within the City of Denton in accordance with Federal Communications Commission (FCC)
regulations_
II. OBLIGATIONS OF ORGANIZATION
In consideration of the receipt of funds from City, Organization agrees to the following terms
and conditions.
A. Ten Thousand Dollars and no/100 ($ 10,000.00) shall be paid to Organization by City to
be utilized for the purposes set forth in Article I.
B. Organization will maintain adequate records to establish that the City funds are used for
the purposes authorized by this Agreement.
C. Organization will permit authorized officials of City to review applicable records at a
mutually agreed upon date and time.
D. Organization will provide full-backup documentation for expenditures, invoices, and
canceled checks to City by the end of the current fiscal year, September 30_
E. Organization will appoint a representative who will be available to meet with City
officials when requested.
III. TIME OF PERFORMANCE
The services funded by City shall be undertaken and completed by Organization within the
following time &ame:
The term of this Agreement shall commence on the effective date and terminate at end of
the current fiscal year, unless the contract is sooner terminated under Section VII "Suspension or
Termination“ .
IV. PAYMENrs
A PAYMEVrs TO ORGAraz ATiON, City shall pay to Organization the sum specified in
Article 11 after the effective date of this Agreement.
B. ExcEss PAYMENT. Organization shall refund to City within ten (10) working days of
City's request, any sum of money which has been paid by City and which City at any time thereafter
determines:
1) has resulted in overpayment to Organi7ation; or
2) has not been spent strictly in accordance with the terms of this Agreement; or
3) is not supported by adequate documentation to fully justi b' the expenditure.
V. EVALUATION
Organi7ation agrees to provide City the following data and reports, or copies thereof
A. An applicable external or internal audits. Organization shall submit a copy of the annual
independent audit to City within ten (10) days of receipt.
B.All applicable external or internal evaluation reports_
C, An explanation of any major changes in program services_
D. To comply with this section, Organization agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status of funds received and the services
performed under this Agreement. The record system of Organization shall contain sufficient
documentation to provide in detail full support and justification for each expenditure.
Organization agrees to retain all books, records, documents, reports, and written accounting
procedures pertaining to the services provided and expenditure ofRrnds under this Agreement for
five years
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E. Nothing in the above subsections shall be construed to relieve Organization of
responsibility for retaining accurate and current records that clearly reflect the level and benefit of
services provided under this Agreement.
VI. TERMINATION
The City may terminate this Agreement for cause if Organization violates any covenants,
agreements, or guarantees of this Agreement, the Organization's insolvency or filing of
bankruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation
to which it is bound under the terms of this Agreement_ The City may terminate this Agreement
for other reasons not specifically enumerated in this paragraph.
VII. EQUAL OPPORTUNITY AND COWI ,IANCE wrrH LAWS
A. Organization shall comply with all applicable equal employment opportunity and
affirmative action laws or regulations.
B. Organization will furnish all information and reports requested by City, and will permit
access to its books, records, and accounts for purposes of investigation to ascertain compliance
with local, State and Federal rules and regulations.
C. In the event of non-compliance by Organization with the non-discrimination
requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and
Organization may be barred from further contracts with City.
VIII. REPRESENTATIONS
Organization represents:
A. All information, reports and data huetofore or hereafter requested by City and
furnished to City, are complete and accurate as of the date shown on the information, data, or
report, and, since that date, have not undergone any significant change without written notice to
City
B. Any supporting financial statements heretofore furnished to City, are complete,
accurate and fairly reflect the financial conditions of Organization on the date shown on said report,
and the results of the operation for the period covered by the report, and that since said data, there
has been no material change, adverse or otherwise, in the fInancial condition of organization_
C. No litigation or legal proceedings that would adversely affect Organizations
obligations under this Agreement are presently pending or threatened against Organization.
D. None of the provisions herein contravenes or is in conflict with the authority under
which organization is doing business or with the provisions of any existing indenture or agreement
of organization_
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E. Organization has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement.
F. None of the assets of Organization are subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial statements
Rrnished by Organization to City.
Each of these representations and warranties shall be continuing and shall be deemed to
have been repeated by the submission of each request for payment.
U. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the Mms of this Agreement shall be by
written amendment executed by both parties, except when the terms of this Agreement expressly
provide that another rnethod shall be used.
B . It is understood and agreed by the parties hereto that changes in the State, Federal
or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any
such modifications are to be automatically incorporated into this Agreement without written
amendment hereto, and shall become a part of the Agreement on the effective date specified by
the law or regulation.
X. n{DEMNnFiCATION
To the extent authorized by law, the Organi7ation agrees to indemnify, hold harmless, and
defend the City, its officers, agents, and employees Bum and against any and all claims or suits for
injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with
the performance by the Organization or those services contemplated by this Agreemenl including all
such claims or causes of action based upon common, constitutional or statutory law, or based, in
whole or in part, upon allegations of negligent or intmtional acts of organization, its officers,
employees, agents, subcontractors, licensees and invitees_
XI. CONFLICT OF NrEREST
A_ Organization covenants that neither it nor any member of its governing body presently
has any interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this Agreement. Organization further
covenants that in the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of its governing body.
B. Organization further covenants that no member of its governing body or its staff,
subcontractors or employees shall possess any interest in or use his/her position for a purpose that
is or gives the appearance of being motivated by desire for private gain for himseWherself, or
others; particularly those with which he/she has family, business, or other ties.
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C. No officer, member, or employee of City and no member of its governing body who
exercises any function or responsibilities in the review or approval of the undertaking or carrying
out of this Agreement shall participate in any decision relating to the Agreement which affects his
personal interest or the interest in any corporation, partnership, or association in which he has
direct or indirect interest.
XH. NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms
of this Agreement shall be deemed to have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or certified, return receipt
requested, or via handxle livery or facsimile, addressed to Organization or City, as the case may
be, at the following addresses:
ORGANIZATION
Denton Independent School District
DISD-TV
1307 N, Locust
Denton, TX 76201
Telephone (940) 369-0007
CITY
City of Denton, Texas
Atm: City Manager
215 E. McKinney Street
Denton, Texas 76201
Telephone (940) 349-8307
Either party may.8hange its mailing address by sending notice of change of address to the
other at the above address by certiaed mail, return receipt requested.
xin. MISCELLANEOUS
A. Organization shall not transfer, pledge or otherwise assign this Agreement or any
interest therein, or any claim arising thereunder to any party or parties, bank, trust company or
other financial institution without the prior written approval of City.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable,
the remaining provisions shall remain in full force and effect and continue to conform to the
original intent of both parties hereto.
C. In no event shall any payment to Organization hereunder, or any other act or failure
of City to insist in any one or more instances upon the terms and conditions of this Agreement
constitute or be construed in any way to be a waiver by City of any breach of covenant or default
which may then or subsequently be committed by Organization_ Neither shall such payment, act,
or omission in any manner impair or prejudice any right, power, privilege, or remedy available to
City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always
specifically preserved. No representative or agent of City may waive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding, or other commitment occurring during the term of this agreement, or subsequent
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. a' + '
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an amendment of this Agreement.
E. This Agreement shall be interpreted in accordance with the laws of the State of
Texas and venue of any litigation concerning this Agreement shall be in a court of competent
jurisdiction sitting in Denton County, Texas.
IN WITNESS WHEREOF, the
Agreement as of the ZN, day of
signatures and enter into this
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ATTEST:
JESSE SALAZAR crrY SECRETARY
1\\\tIPjIIII
APPROVED AS TO LEGAL FORM:
AMANDA BROWN, DEPUrY CITY ATtORNEY
ORGANIZATION (DISD)
ABY
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