3. This contract does not obligate the City to remit payment from its General Fund, or from any
other moneys or credits belonging to the City. The City shall not be liable for, and Contractor
releases, indemnifies and hold the City harmless from, any claims or demands for:
a. costs paid or expenses reimbursed by any third party;
b. expenses incurred either prior to or after the term of this contract, and the parties agree that
this does not apply to a hold-over period, as the Contractor shall be paid Operating Funds
during any holder-over period;
c. expenses incurred for items or services outside the scope of services to be provided by
Contractor; or
d. any costs or liabilities arising from the acts or omissions of contractor, its employees,
agents, contractors and/or guests and invitees.
C. Network Access. A number of institutional network access points, and origination points for
cablecast to the cable operator (better known as “drops”) are installed throughout the city as part
of the City infrastructure or under a provision of the standard cable operator franchise. These
“drops” are intended to allow the production of live, on-site cablecasting. Contractor may, at its
discretion and free of charge, make use of these drops in the production of live cablecast
productions, subject to City guidelines and/or supervision. Contractor shall coordinate and
schedule use of the network through the PEG Program Department. Contractor shall be
responsible for any damage to such drops to the extent Contractor may have been the party causing
such damage if negligently or willfully caused.
SECTION 6. PAYMENTS TO CONTRACTOR.
A. Method of Payment
At the beginning of each calendar quarter, the City shall pay Contractor one-fourth of the annual
Operating Funds allocated for the contract year. The first payment to Contractor following
execution of this contract shall be due within thirty (30) days of the first day of the quarter.
Thereafter, Contractor shall submit an invoice for annual or quarterly payment (as agreed by the
parties) to the Contract Manager prior to the beginning of each calendar quarter (April 1, July |
October |, and January 1) or new fiscal year. City shall pay Contractor this amount within thirty
(30) days of receipt of the request for payment.
B. Expenditure of Funds/Carry-over Funding
The Contractor shall expend funds provided by the City solely for Public Access purposes
identified and authorized in this Agreement. Funds not expended in one funding year shall be
carried over for said purposes into succeeding years. Upon termination or expiration of this
Agreement, all funds of any kind received pursuant to this Agreement from the City and not
expended by Contractor shall be returned to the City or carried over into a subsequent agreement
between the City and the contractor or its successor. The Contractor shall provide for such financial
control and accounting procedures as are necessary to assure proper disbursement and accounting
for funds received from the City.
C. Contract Close Out
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