Loading...
HomeMy WebLinkAboutPR 19891: PUBLIC BROADCAST AGREEMENT, RADIO STATION KSAP-107.1 LPFM THE BREEZE P.R. No. 19891 08/23/17 gt RESOLUTION NO. A RESOLUTION AUTHORIZING A PUBLIC BROADCAST AGREEMENT BETWEEN RADIO STATION KSAP-107.1 LPFM "THE BREEZE" AND THE CITY OF PORT ARTHUR, IN THE NOT TO EXCEED AMOUNT OF $30,000.00; ACCOUNT NO. (REQUESTED BY COUNCILMEMBER LEWIS) WHEREAS, Councilmember Lewis has requested that the City of Port Arthur enter into a Public Broadcast Agreement with Radio Station 107.1 LPFM "The Breeze"; and WHEREAS, it has been proposed that the City of Port Arthur will pay a sum of $30,000 to The Breeze as delineated in the Public Broadcast Agreement for the performance of the services listed, in substantially the same form as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby authorizes the execution of Public Broadcast Agreement with Radio Station 107.1 LPFM "The Breeze"for the performance of services listed, in substantially the same form as attached hereto as Exhibit "A". Section 3. That this Resolution is contingent on the availability of the funding in the 2017-2018 budget. Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. s.pr19891 READ, ADOPTED AND APPROVED on this day of A.D., 2017, at a Regular Meeting of the City COLL1C l of the City of Port Arthur, by the following vote: AYES: Mayor: Councilmembers: NOES: Derrick Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROV D AS TO FORM: \) 49--1// :2) Valecia Tizeno, ity Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager APPROVED AS TO AVAILABILITY OF FUNDS: F,-'o5 CoL.DoetT pp,kov.4 L q - Rosie Vella, Interim Finance Director s.pr19891 , EXHIBIT "A" s.pr19891 PUBLIC BROADCAST AGREEMENT BETWEEN RADIO STATION KSAP-107.1 LPFM "THE BREEZE" AND CITY OF PORT ARTHUR Truth & Education Corporation is a Texas non-profit corporation (Tax ID #76- 0682918) and is the parent company to KSAP-107.1 LPFM "The Breeze", a non-commercial public radio station ("The Breeze"). The City of Port Arthur is a home-rule municipality situated in Jefferson County, Texas, incorporated and operating under the laws of the State of Texas. ("City"). The CITY has agreed to pay the sum of Thirty Thousand and 00/100 Dollars ($30,000.00), for The Breeze beginning , 2017 through , 2018. That Truth & Education shall use said funds to upgrade and maintain their transmitter and equipment that is located in the City of Port Arthur so that quality of transmission will be preserved and maintained for the citizenry. The Breeze will provide public broadcasting and discussion on its radio station to facilitate the following public purposes for the CITY: • Broadcast all or a material portion of Council Meetings of the City of Port Arthur as reasonably requested by the Mayor or by the City Council of the City of Port Arthur. • Broadcast emergency information as requested by the Chief of Police, the Fire Chief or by the Mayor of the City of Port Arthur. • Broadcast information on the Mardi Gras events and similar public events that are also sponsored by the City of Port Arthur. • Broadcast information on the exhibits at the Museum of the Gulf Coast as well as popular songs of the singers displayed at Museum of the Gulf Coast. • Broadcast employment and contracting opportunities for Port Arthur residents and businesses as it pertains to industrial companies and plants that have received Industrial District Agreements from the City of Port Arthur in such a format as requested by the City Manager as to enable the industrial companies and plants to be in compliance with providing opportunities for Port Arthur residents and businesses. • Broadcast live music at such music venues that are scheduled at Logan Park. • Broadcast music by Port Arthur residents as to develop the entertainment business and economy in the City of Port Arthur. The content of the live broadcasts involving the CITY shall be approved by the duly authorized representatives of the CITY prior to announcement. Further, on a periodic basis, The Breeze will invite representatives of the CITY to appear live on The Breeze for live broadcast updates on issues and projects directed to the City of Port Arthur, Texas and the business activities of the CITY. No portion of the payment hereby made by the CITY to The Breeze shall be used in any manner associated with political announcements or the advertising of goods, services and products that are contrary to directives from the CITY. f The Breeze agrees to comply with all legal requirements as it pertains to Political Advertising and/or Campaign Advertising and required disclosures as specifically set forth by the Texas Ethics Commission. CITY shall not provide funding to The Breeze through this Agreement for the promotion for or against any candidate or proposition appearing on a ballot for election. The Breeze shall be responsible for any expense incidental to preparation of announcements or any associated costs of broadcast services on behalf of the CITY; however, the CITY, its staff will make themselves available for taping announcements as requested by The Breeze and in the best interest of the CITY. The Breeze shall provide notification to CITY of the broadcast times by broadcast log on a basis no less often than quarter annually during the Term of this Agreement. Within thirty (30) days of the close of the initial Term of this Agreement or any extension thereof as approved by the CITY, a final accounting of broadcast announcements for the Term of the Agreement shall be provided. In addition to the report of announcements broadcast, The Breeze agrees to provide an annual report to the CITY within thirty (30) days following the close of the Term or any extension of this Agreement describing the goods and services provided for payment specified herein. The Breeze recognizes the business purpose and the positive economic impact that the CITY plays in the City of Port Arthur, Texas, and The Breeze will not engage in any business plans that are derogatory to those purposes of the CITY. The obligations of The Breeze include but are not limited to meeting the policies and procedures of the CITY. If The Breeze fails to meet its contractual obligations as set forth in this Agreement, the CITY may terminate this Agreement on the providing of not less than ten (10) days prior written notice. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within ten(10) days written notice. The Term of this Agreement shall only be renewed by action of the City Council. and this Agreement does not renew automatically. Truth & Education Corporation DATE: By: Its: City of Port Arthur DATE: By: Brian McDougal. City Manager ATTEST: By: Sherri Bellard, City Secretary Page 2