Contract Administration. The PEG Program Department, in collaboration with the Purchasing
Manager, shall manage this contract on behalf of the City. The Contract Manager will coordinate
compliance and performance determinations regarding this contract.
LiabilityofCityforFundingUnderContractLimited.
Notwithstanding any other provision of this contract, the total of ail payments to be made to
Contractor under this contract shall not exceed a total of $XX,000 through the end of the term,
or such other amount as City Board of Aldermen may approve (“Operating Funds”). Funding
in the amount of $XX,000 was approved in the FYXXXX opcrating budget of the City’s PEG
public access television account. Upon written agrecment, the parties may decide to extend
the contract for additional one-year or alternative terms. The Contractor and the City each
acknowledge and agree that payment of the Operating Funds constitutes full and satisfactory
financial consideration for the performance of all the Contractor's obligations under this contract.
The Contractor and the City acknowledge and agree that the City’s funding obligations to
Contractor as noted in Section 5.B.1, above, are contingent upon the City’s receipt of payments
according to provisions of a cable franchise agreement negotiated with a local cable service
provider(s). These provisions require the local cable operator to finance PEG access activities
through the payment of “PEG access support grants” and franchise fees, which may be reduced
under or pursuant to state or federal Icgislation. If for reasons beyond the City’s control, the
City docs not receive payments to provide Contractor the Opcrating Funds agrecd upon in this
contract, and necessary for Contractor’s full and complete performance under this contract,
then the City shali notify Contractor in writing no later than the twenty-first (21st) business day
after it becomes awarc of such shortfall in funding. In the event of such shortfail, the City may
either reduce the amount allocated (as reasonably prorated) as Operating Funds during the period
of shortfall (and similarly reduce, the manner or cost of Contractor’s services to be provided
hereunder), or either of them may terminate this contract as provided in section 21.
This contract does not obligate the City to remit payment from its Gencral 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 docs not apply to a hold-over period, as the Contractor shall be paid Operating
Funds during any holder-over period;
¢. expenses incurred for items or services outside the scope of services to be provided by
Contractor; or
d. any costs or liabilitics arising from the acts or omissions of contractor, its employees, agents,
contractors and/or guests and invitees.
Network Access. A number of institutional network access points, and origination poimts 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 diserction
and free of charge, make usc of these drops in the production of live cablecast productions, subject
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