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October 29 , 1987 _4i:i,,, -.
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John W. Pence, City Attorney
City of Oshkosh
215 Church Ave . , PO Box 1130
Oshkosh, Wisconsin 54902-1130
Re: Public Access Television Agreement
Dear John:
Please find enclosed a completed original of the contract
between the University and the City of Oshkosh for the public
access television channel service. The University wants to thank
you and those on your staff for your assistance in developing
this contract. Hopefully we were all foresighted enough to
capture those elements necessary to make this a successful
venture.
If there is a need for any further information please give
me a call .
Sincerely yours ,
JAd4.e,k/
oel C . Edson, Executive Director
/fr /J)ltJ
of Budgets/Controller
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enc.
cc: Chancellor Ed Penson (w/o att.
City Manager Bill Frueh (w/o att .
EXECUTIVE DIRECTOR•BUDGETS/CONTROLLER
THE UNIVERSITY OF WISCONSIN OSHKOSH •OSHKOSH WISCONSIN 54901. (414) 424-3030
THE UNIVERSITY OF VvISC:DNSIN OSHKOF-' S AN EQIJti_OPPOR1,NITY•AFIRMATIVE ACTION INSTITUTION
AGREEMENT BETWEEN
THE CITY OF OSHKOSH AND
THE UNIVERSITY OF WISCONSIN OSHKOSH
SETTING FORTH THE TERMS AND CONDITIONS
RELATING TO PUBLIC ACCESS TELEVISION
[NOVEMBER 15, 1987, TO NOVEMBER 15, 1990]
1
SECTION ONE - PARTIES TO THE AGREEMENT
Agreement Dated this %/ day of L I-C`'/�z y , 1987, by and
between:
1.1. the CITY OF OSHKOSH (hereinafter referred to as the "City"); and
1.2. a. the Board of Regents of the University of Wisconsin System,
providing services as the UNIVERSITY OF WISCONSIN OSHKOSH
(hereinafter referred to as the "University"),
b. through RADIO-TELEVISION AND FILM SERVICES, Department of
Speech, College of Letters and Science (hereinafter referred to as
"RTF").
SECTION TWO - GENERAL CONSIDERATIONS
2.1. Introduction.
a. WHEREAS, the City has a cable television franchise agreement with
Warner Cable Communications, Inc., that provides for a public access
television channel on the cable television network operating within
the City;
b. WHEREAS, the University has a select mission statement, approved
by the Board of Regents, which includes the following items:
o The University should support interchange of ideas among
members of the University community, and between the
University and the people and agencies of its region, to assist
students and residents of the region to become better able to
relate to and invigorate a society which is in transition.
o The University should develop appropriate interinstitutional
program relationships; and
c. WHEREAS, the University has the technical expertise and available
space in the Arts and Communication Center that could be used to
develop the public access television that is permitted in the City's
franchise agreement,
d. NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the parties do hereby agree to the following terms
and conditions of this agreement to govern the implementation of
public access television in the City of Oshkosh.
2.2. Terms of Agreement.
a. This agreement will become effective on November 15, 1987, and
continue until expiration three years later on November 15, 1990.
2
b. This agreement can be cancelled by either party, at any time, by •
providing the other party with at least sixty days' advance written
notice of intent to cancel the agreement. (See also Section 4.2.c.)
c. No later than six months prior to the expiration of this agreement,
if the terms have not been extended or renegotiated to the mutual
satisfaction of the parties, the parties shall reach agreement on final
settlement of any outstanding financial obligations, and shall make
suitable arrangements for the removal of equipment or for the
transfer of ownership, as necessary or appropriate. Subject to the
supervision of the Director of RTF, the City shall have the right
and the responsibility to remove equipment, furniture, and any other
items that it owns upon the cancellation or expiration of this
agreement.
2.3. Chapter UWS 21, Wisconsin Administrative Code. All provisions of this
agreement are subject to the requirements of Chapter UWS 21 of the
Wisconsin Administrative Code, relating to the "Use of University
Facilities." This agreement is entered into after the following
determinations have been made by the Chancellor, as specified under
these rules:
a. The proposed use is under the sponsorship of Radio Television and
Film Services, Department of Speech, College of Letters and Science,
University of Wisconsin Oshkosh.
b. The proposed use may not interfere with, or detract from, the
teaching, research and public service missions of the University, or
with the use of the facilities by organizations that are central to
the University's mission.
c. The University has appropriate facilities that are available for the
proposed use.
d. The City has complied with University procedures, as evidenced by
the reduction of this agreement to writing.
2.4. Public Access. While this agreement does not anticipate the scheduling of
public events in connection with public access television, it is nonetheless
the policy of the University to ensure maximum access to public events
held in University facilities, consistent with the legally-recognized rights
and interests of performers, lecturers, artists, and speakers. Any
contemplated restriction or condition on access to an event ensuing from
the development of this public access television opportunity must be made
known prior to the event, and must be embodied in a written agreement
with the University that is open for public inspection. These agreements
may not deny or restrict access to University facilities in a manner
contrary to other applicable laws or regulations or on any other basis
that is prohibited by law, including Affirmative Action and Equal
Employment Opportunity laws, regulations, and University policies.
[Reference, section UWS 21.05, Wisconsin Administrative Code.]
3
2.5. Parking. As required under section 36.11(8e) of the Wisconsin Statutes,
the University is required to charge a parking fee for the parking of
motor vehicles by visitors to campus. If suitable advance arrangements
are made, and upon receipt from the City of the regular annual parking
fee for these reserved spaces, the University Parking Office will reserve
two parking spaces in a parking lot near the Arts and Communication
Center for exclusive use by participants in this program.
SECTION THREE - RESPONSIBILITIES OF THE CITY
The City Agrees to:
3.1. Purchase Equipment. Purchase $45,000 worth of equipment that is
selected by the City with the consultation of the Director of RTF and
approved by the Dean of the College of Letters and Science, to be
installed by University personnel in studio space located in the
University's Arts and Communication Center, with the condition that
installation of such equipment will not involve or require the use of
student fees. The equipment shall include a minimum of three portable
video cameras, recording equipment, and related items, for use by the
general public and University students during the regularly scheduled
hours of open public access for this equipment.
3.2. Pay One-Half the Cost of Maintenance and Repair. Pay fifty percent of
the total cost of maintenance and repair of the equipment described in
Section 3.1, as mutually deemed necessary by the City Manager and the
Director of RTF, and approved by the Dean of the College of Letters and
Science. (See also Section 4.3.)
3.3. Purchase Replacement Equipment. Purchase additional equipment, as
necessary replacements due to normal usage, upon the joint
recommendation of the City Manager and the Director of RTF, and
approved by the Dean of the College of Letters and Science.
3.4. Hold the University Harmless. The City hereby agrees to waive and hold
harmless the Board of Regents of the University of Wisconsin System and
their officers, employees and agents from and against all claims, losses
and expenses which may arise from services provided under the terms and
conditions of this agreement.
3.5. Meet Insurance Requirements.
a. No later than ten days prior to the use of University facilities for
public access television, under the terms and conditions of this
agreement, the City shall file with the University Director of Risk
Management a certificate of a general comprehensive liability
insurance policy (insuring against bodily injury, property damage,
and libel and slander arising out of the public access television
programming) with a minimum of$500,000 protection for each
occurrence; additionally, the Board of Regents of the University of
Wisconsin System shall be listed as a named additional insured on
the certificate of insurance.
4
b. The City shall for its own protection keep and maintain fire and
extended coverage insurance on all City-owned property that held or
used by the University, as provided under this agreement. (See also
Section 4.2.b.)
3.6. Remit Fees to the University.
a. (1) Remit to the University, within ten days after approval of this
agreement, an initial payment of$3000.00 to provide the
University with the funds to cover the start-up costs
associated with this agreement (initial maintenance, student
salaries, printing brochures and forms, telephone installation,
etc.).
(2) Remit to the University, as billed quarterly, additional
payments, up to $7,000 (for a total payment of$10,000) during
calendar year 1987, to offset the costs associated with this
program for such items as: the use of University equipment
and facilities, student staff salaries, replacement materials, etc.,
according to the attached Schedule A.
(3) In successive years, the City shall, on a quarterly basis, remit
to the University pursuant to paragraph (2), above, an annual
fee that shall not exceed $20,000 per calendar year.
(4) Depending on the level of programming and the various costs
that are associated with this agreement, the $20,000 limitation
on the annual fee, as set forth above, may be increased to
offset the costs incurred by the University, with the consent
of both parties.
b. As provided in Section 5.1.e., the University shall hire student help
in connection with this program, and the University shall be
reimbursed in full for these payroll costs from the proceeds received
in Section 3.6.a.
c. The schedule of fees described in Section 3.6.a.(1)-(3) shall be
subject to annual review by the parties. Any resulting agreements
that modify the fee schedule from that presented above shall be in
writing, signed by the parties, and attached as an addendum to this
agreement.
d. This fee shall be determined to be sufficient to reimburse the
University for the costs that are incident to the use of these
facilities, as required under section UWS 21.04(2) of the Wisconsin
Administrative Code.
e. As required under section UWS 21.04(3) of the Wisconsin
Administrative Code, should the nature of the public access
television opportunity change such that this undertaking becomes
5
revenue-producing, the City may be required to pay additional
charges as rent for the use of these facilities.
3.7. Appoint Member to Cable Television Advisory Commission. Appoint a
representative of the University as an ex officio and non-voting member
of the City cable television advisory commission. (See also Section 4.5.)
3.8. Assume Responsibility for Damages. If the studio space, any portion of
the Arts and Communication Center, or any other building or property
owned by the University is damaged during the term of this agreement by
the act, default or negligence of the City, or its officers, agents,
employees, patrons, guests, or any other person admitted to these
facilities by the City, the City will pay to the University, upon demand,
such sum as shall be necessary and sufficient to restore these facilities to
the condition that existed at the time preceding the damage. The City
hereby further assumes full responsibility for the character, acts and
conduct of all persons who are admitted to these facilities or to any
portion of the facilities by the consent of the City, or by or with the
consent of any person acting for or on behalf of the City.
3.9. Provide Dedicated Telephone Line. Provide a separate, dedicated
telephone line, restricted to local use only (that is, no long distance calls
or other charges), for use in connection with this program.
SECTION FOUR - RESPONSIBILITIES OF THE UNIVERSITY
The University Agrees to:
4.1. Assign Administrative Responsibility.
a. Assign responsibility for overseeing the implementation of this
agreement, as provided under Section Five of this Agreement, to the
Director of RTF, subject to the supervision, review, and approval of
the Dean of the College of Letters and Science.
b. See also Section Five of this Agreement for a statement of the
responsibilities for the Director of RTF.
c. The Director of RTF assumes responsibility for overseeing the
administration of this agreement and for operating within the
available budget. The Director of RTF may not commit the
University to modifications to this agreement, nor make commitments
for the expenditure of University funds without express advance
permission from the Dean of the College of Letters and Science, or
other administrative offices, as appropriate.
4.2. Provide Studio Space.
a. Provide suitable studio space, as determined by the Director of RTF,
and approved by the Dean of the College of Letters and Science, in
the Arts and Communication Center for RTF to provide the City
6
with the Public Access Television services described under the terms
and conditions of this agreement.
b. The University shall for its own protection keep and maintain fire
and extended coverage insurance on all University-owned property
that may be used in connection with this agreement. (See also
Section 3.5.b.)
c. During the course of this agreement, if studio space in the Arts and
Communication Center is no longer available for use for public
access television, the University may, at its option, (1) provide
alternative studio space acceptable to the City, or, (2) cancel this
agreement, as provided in Section 2.2.b.
4.3. Pay One-Half of the Cost of Maintenance and Repair. Pay fifty percent
of the total cost of maintenance and repair of the City-purchased
equipment that is described Section 3.1 of the City's responsibilities,
deemed necessary by the City Manager and the Director of RTF, and
approved by the Dean of the College of Letters and Science. (See also
Section 3.2.)
4.4. Student employment. Provide an opportunity for student employment, as
described in Section 5.1.e., and be reimbursed, as provided under Sections
3.6.a. and 3.6.b. Student employment is to be provided during the regular
academic year, holidays and vacations when students are available, as as
determined by the Director of RTF in consultation with the Dean of the
College of Letters and Science.
4.5. Appoint Representative to Serve as a Member of the Cable Television
Advisory Commission. Appoint a representative, which may be the
Director of RTF, to serve as an ex officio and non-voting member of the
City cable television advisory commission. (See also Section 3.7.)
SECTION FIVE - RESPONSIBILITIES OF THE DIRECTOR OF RTF
As Provided Under Section 4.1.a., and Subject to the Limitations Set Forth in
Section 4.1.c., the Director of RTF, Under the Supervision of the Dean of the
College of Letters and Science Shall:
5.1. Serve as Technical Advisor and Provide Services.
a. Make recommendations to the City on the purchase of equipment and
video equipment, as provided in Section 3.1 of this agreement.
b. Provide repair and maintenance, and make recommendations
concerning replacement of the equipment that is purchased by the
City under this agreement.
c. Install the City-owned equipment and provide suitable secure
locations for the storage of video cameras and recording equipment.
7
d. Provide education and orientation training to the RTF staff and
university students concerning the proper use and maintenance of
this equipment.
e. Select two upper-level University students to serve as student
assistants to assist with the supervision of this public access
television service. These students will be compensated at the rate
of$4.00 per hour, up to twenty hours per week. Student
responsibilities, under the immediate supervision of the Director of
RTF, will include the following: (1) processing requests for public
access service; (2) developing schedules for utilization of the
facilities, including studio and remote production; (3) assigning
student lab crews (as assigned as a part of the laboratory experience
required in conjunction with University courses); and (4) conducting
preliminary screening of production material; etc. (See also Section
3.6.b.)
5.2. Assume Administrative Responsibilities.
a. Make arrangements for the studio space that will be used for this
Public Access Television, consistent with the requirements found in
section UWS 21.04(1)(h), namely, that the provision of studio space
may not interfere with, or detract from, the teaching, research and
public service missions of the institution, or with use of the
facilities by organizations that are associated with the University.
h. Schedule regular hours, which will ordinarily be from 1:00 to 4:30
p.m., Monday through Friday (holidays and emergencies excepted),
for use of the video equipment by students and members of the
public. Access to the City-owned equipment and studio facilities by
students and the public will generally be on a first-come, first serve
basis. However, to ensure an opportunity is provided for adequate
use of these facilities by members of the general public, the
Director shall schedule a minimum of ten hours per week to be
dedicated exclusively for use by the general public. If sufficient
demand is present for use of these facilities by the general public,
the Director shall attempt to make arrangements to schedule
additional time for the exclusive use of the general public. The
City's franchise agreement with Warner Cable Communications, Inc.,
provides that if the facilities are used more than 20 hours per week
for public access programming, another channel is to be provided.
The addition of another channel will invalidate this agreement and
require renegotiation of the terms and conditions relating to the use
of University facilities for this purpose.
c. Make arrangements for the University to provide student assistance
to students and members of the public who use the City-owned
equipment during the regularly-scheduled hours of open access to
the equipment. Additionally, when prospective users of the
equipment make advance arrangements, the Director shall also
attempt to make arrangements for student assistance to provide
8
additional limited technical support concerning the proper use of the
equipment.
d. Make arrangements, in consultation with the City, for use of the
Oshkosh Public Library, or another suitable public site not located
on University property, as a second site for the location of access
by the general public to the public access television services that
are offered under the terms and conditions of this agreement.
SECTION SIX - CONCLUDING PROVISIONS
6.1. Agreement is Inclusive. It is further understood that this written
agreement contains the entire agreement between the parties and that any
modifications in or alterations to this agreement shall be reduced to
writing and attached as an addendum to this agreement. If any section
or paragraph of this agreement shall be held to be invalid, that shall not
impair the validity of the remaining sections and paragraphs of the
agreement.
6.2. Statement Concerning Affirmative Action/Equal Opportunity. The
University is committed to a policy of fairness, affirmative action, and
equal opportunity for all persons in its educational programs, activities
and employment policies. Inquiries regarding University compliance with
affirmative action and equal opportunity laws and regulations may be
directed to the University Director of Affirmative Action, 800 Algoma
Blvd., Oshkosh, WI 54901.
6.3. Rights Retained by the University.
a. All participants who use City-owned equipment while located in
University facilities are required to adhere to all University rules,
regulations, policies, guidelines, and all other applicable local state,
and federal laws and regulations. Questions concerning the scope of
application of these rules and regulations can be initially addressed
to the Director of RTF.
b. The University expressly retains the exclusive right to revoke any
rights or privileges of any user of these facilities, if, as determined
by the Director of RTF, the Dean of the College of Letters and
Science, or the Chancellor, or the Chancellor's designee, the user's
conduct is determined to be injurious, or potentially injurious, to
the health, safety, or welfare of any party, or, if the user's conduct
is determined, in the sole judgment of the University official, to be
inconsistent with either the educational mission of the University or
with the sensitivities of members of the broader University
community.
Y. yI
L
CITY ATT5R "EY
off,,OSk,WISCONSIN
This agreemen wa s'gned in duplicate, with each party retaining a copy, this
/4 day of , 1987, in Oshkosh, Wisconsin, by the duly
authorized agents of the parties that are identified below.
FOR THE CITY OF OSHKOSH, WISCONSIN
BY: , c j
X
oin, :romer
FOR THE BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN
SYSTEM, PROVIDING SERVICES AS THE UNIVERSITY OF WISCONSIN
OSHKOSH
BY:
xIj lJ
A /19
ATTACHMENT A
University of Wisconsin-Oshkosh
Radio-TV-Film
TELEVISION CENTER RATES FOR LOCAL ACCESS October 14, 1987
Professional Staff
Engineers $16.00 per hour plus27% fringe benefits
Faculty $20.00-$25.00 per hour plus 27% fringe benefits
(Rate depends on faculty member assigned . )
Secretary $ 8.70 per hour plus 27% fringe benefits
TV Crew Wages
TV Center Engineering staff will be available for in-studio productions to assist
(see above0
Students will normally fill the positions of camera operator ( 1-3) , floor'manager,
floor assistants ( 1-3) , assistant director, switcher, audio engineer.
Student Floor Crew $4 00 per hour
Student Control Room Crew $4 85 per hour
Student Administrators $5 00 per hour
Additional Videotape Duplicating
Helical Scan to Helical Scan $10.00 per hour
Film to Videotape Transfer
16mm SOF or MOS or 35mm slides to Helical $30.00 per hour
Scan
(Film projection and transfer available in 16mm only)
Videotape Editing
Videotape editing $40.00 per hour
$55.00 per hour with operator
Graphic and Set
Character Generator $25 per hour
$40 per hour
On-Location Recording (Until Local Access equipment is available)
3-tube EFP camera and 3/4-inch recorder . . $45.00 per hour plus wages
Page Two
Television Center Rates for Local Access
October 14, 1987
Multi-Camera Remote System (optional)
Includes video switcher, audio board . . . $50.00 per hour plus wages
2-black/white monitors, I-color monitor, ($30 per hour without recorder)
3/4-inch cassette recorder
Studio Facilities
Rental of studio $25.00 per hour plus wages
Setup . . $25.00
Trailer
With or without cameras $100.00 per hour plus wages
Miscellaneous
Light Kit $20.00 per day
Microphone $ 7.00 per day
Swart Education Center System $20.00 per hour plus wages
Portable Camera or Recorder $25.00 per hour
3/4-inch or 1/2-inch
Tripod $ 5.00 per day
Monitor $10.00 per hour
Telepromptor $50.00 per day
Audio Distribution Amplifier $25.00 per day plus wages
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