CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Adopt the resolution authorizing the execution of an agreement between the City of Naperville and Naperville Community Television (NCTV17) (Item 1 of 2)
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DEPARTMENT: Legal Department
SUBMITTED BY: Michael DiSanto, City Attorney
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
The most recent agreement between the City of Naperville and Naperville Community Television (NCTV17) was entered into on October 27, 2020, with an initial term through December 31, 2021, and provisions for automatic annual renewals unless terminated. The City and NCTV17 have continued to operate under the terms of this agreement since its execution. An amended agreement between NCTV17 and the City is now proposed for consideration by the City Council to update outdated references, adjust certain obligations to align with current practices, and incorporate provisions facilitating the pass-through of external grants.
Additionally, an opportunity has arisen through the DuPage County Member Initiative Program, where the County Board Member seeks to award funds to NCTV17 for equipment purchases. In order to fund NCTV17, the DuPage County's State's Attorney's Office has recommended an intergovernmental agreement (IGA), positioning the City as an intermediary to receive and pass through the funds based on its established relationship with NCTV17.
DISCUSSION:
The provisions of the amended agreement between the City and NCTV17 are largely consistent with those in the 2020 agreement, with targeted updates to reflect evolving operational realities. Key changes include: updating references to cable providers (e.g., replacing "WideOpenWest" with "Astound" to account for corporate changes); streamlining NCTV17's obligations by removing or modifying requirements for certain free services, such as producing specific City videos, broadcasting non-Council meetings, and providing extensive audio-visual support, while emphasizing emergency communication assistance and consultation services; and adding a new subsection (4.1.5) authorizing the City to receive and pass through grants, awards, or other funding from entities like county member initiative programs to support NCTV17's operations and programming, with NCTV17 agreeing to use such funds as specified and provide necessary documentation.
NCTV17 will continue to provide noncommercial public access programming relevant to Naperville residents, including local news, events, election coverage, and specialized content, while administering the community access system in compliance with applicable laws. The City will allocate PEG fees and consider additional funding through its annual budget process. The amended agreement maintains a one-year term with automatic annual renewals unless notice of termination is provided.
The proposed IGA with DuPage County facilitates the administration of a $20,000 grant to NCTV17 for equipment purchases and community programming support, as detailed in Exhibit A. Under the IGA, the City serves as the intermediary, responsible for reviewing grant expenses, making direct payments to NCTV17, and submitting a final invoice to the County for reimbursement up to $20,000. The County will reimburse approved costs promptly, with all funds required to be expended by November 30, 2025, to avoid re-appropriation. The IGA includes standard provisions for mutual indemnification, compliance with laws, and no waiver of tort immunity, ensuring alignment with intergovernmental cooperation principles under Illinois law. This arrangement leverages the City's existing relationship with NCTV17 to enable the funding while addressing the County's nexus concerns.
FISCAL IMPACT:
The amended NCTV17 agreement maintains the City's ongoing financial support through PEG fee allocations and budgeted contributions, with no immediate additional costs. The IGA involves no net fiscal impact to the City, as it provides for full reimbursement of up to $20,000 for pass-through funds, though minimal administrative effort will be required for grant management.