HomeMy WebLinkAbout91-047 February 17, 1991 #91- 47 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE PUBLIC ACCESS CABLE TELEVISION CONTRACT
INITIATED BY: CITY ADMINISTRATION
BE IT RESOLVED by the Common Council of the City of
Oshkosh that the attached Agreement between the City of Oshkosh
and the University of Wisconsin Oshkosh for Public Access Cable
Television is hereby approved and the proper City officials are
hereby authorized and directed to enter into same .
BE IT FURTHER RESOLVED that money for this purpose is
hereby appropriated from:
Acct . No. 092-690 -- Cable TV Expense
� ' -. � �. . z= _...�...,.,_._.m.._.._u�...._......__._.., �
�
�—M_�_.
� �
t°'���„�-,�
._ ;�7
- 3 5 -
. Res 91-47
Agreement Between
the City of Oshkosh
and the
University of Wisconsln Oshkosh
Public Access Cabie Television
This agreement is between the City of Oshkosh ("City"); and the Board of
Regents of the University of Wisconsin System, operating as the University of
Wisconsin Oshkosh ("University"), through Radio-Television and Film Services,
Department of Communication, College of Letters and Science ("RTF").
WHEREAS, the City has a cable television franchise agreement with Time Warner Inc.,
that provides for a public access cable television channel on the cable network
operating within the City;
WHEREAS, the University has a select mission statement, approved by the Board of
Regents, which encourages the development and offering of programs and
services responsive to the needs of the people, institutions, and communities
served by the University; and
WHEREAS, the University has the technical expertise and available space in the Arts and
Communication Center that can continue to be used for public access cable
television programming, as provided in the City's franchise agreement,
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 cable television in the City of
Oshkosh, Wisconsin.
Part One -- Unlverslty Obllgatlons
The Universit�a4rees to:
1.0. Develop an annual operating budget for the provision of services under this agreement, and to
submit this budget to the City for review and approval. Consistent with funding levels authorized
in the approved budget, the University shall also submit detailed quarterly invoices to the City
for reimbursement of specific costs and expenses that are incurred by the University in
connection with its provision of services under this agreement. [Note: The approved annual
budget shall be attached as an addendum to this agreement. The budget shall include the
following items: (1) the full and complete cost of all personnel hired by the University (with the
prior approval of the City) to provide services under this contract; (2) the cost of maintenance
for City-owned equipment used in connection with this agreement; (3) the cost of capital
equipment, both new purchases and purchases of �eplacement items; (4) the cost of any
chargebacks for the use of remote equipment; and (5) the cost of overhead, supplies and
equipment. The parties shall annually review the payment schedule and 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.]
1.05. In order to provide sufficient operating funds to meet expenses incurred with the initiation of this
contract, the University will invoice the City for an initial payment of $12,000. At the conclusion
of this agreement, or upon its termination, the City shall be credited for this initial $12,000
payment.
- 35a -
. � � Res 91-47
2
1.1. Assign responsibility for overseeing the implementation of this agreement to the RTF Director,
subject to the supervision, review, and approval of the Dean of the College of Letters and
Science.
1.2. Provide suitable studio space, as determined by the RTF Director, and approved by the Dean
of the College of Letters and Science, in the Arts and Communication Center for RTF to provide
the City wfth the Public Access Television services described under this agreement. During the
term of this agreement, 'rf studio space in the Arts and Communication Center is no longer
available for use in fulfillment of this contract, the University will either provide alternate studio
space acceptable to the City or cancel this agreement.
1.3. Establish a schedule for public access services which shall include: (1) regular hours for general
public use of the equipment and (2) the regular coverage of various governmental meetings (e.g.,
common council, county board, school board, etc.) as agreed following conferral with the City.
1.4. Hire a full-time local access coordinator and one or more student assistants with responsibilities
generafly consistent with the tentative position descriptions that are attached as an addendum
to this agreement.
1.5. Encourage citizen use of the public access services by providing a dedicated telephone line for
exclusive use in connection with the provision of services required under, and described in, this
agreement. (Note: The cost of this telephone line shall be reimbursed by the City as a
component of the budget and invoices submitted as provided elsewhere in this agreement.)
1.6. Pay fifty percent of the total cost of maintenance and repair for any equipment purchased
pursuant to this contract or prior contracts, as mutually deemed necessary by the City Manager
and the RTF Director (upon the recommendation of the public access coordinator) and as
approved by the Dean of the College of Letters and Science.
1.7. Provide fire and extended coverage insurance on all University-owned property used in
connection with this agreement.
1.8. The RTF Director, under the supervision of the dean of the College of Letters and Science, shall
be generally responsible for overseeing the fulfillment of this agreement. The RTF Director shall
serve, or nominate a designee to serve, as a member of the City Cable Television Advisory
Commission.
Part Two -- Clty Obllgations
The City agrees to:
2.1. Review the annual operating budget that was prepared by the University for the provision of
services under this agreement. Once a budget has been approved, and consistent with funding
levels authorized there, the City further agrees to reimburse the University for specific costs and
expenses as detailed in quarterly invoices. [See also section 1.0. of this agreement�]
2.15. As provided in section 1.05, the City will remit an initial payment of $12,000 to cover the start-
up costs associated with the initiation of this contract. At the conclusion of this agreement, or
upo� its termination, the City shall be credited for this initial $12,000 payment.
2.2. Pay fifty percent of the totat cost of maintenance and repair for any equipment purchased
pursuant to this contract or prior contracts, as mutually deemed necessary by the City Manager
and the RTF Director (and approved by the Dean of the College of Letters and Science).
- 35b -
' ' Res 91-47
3
2.3. Waive and hoid harmless the Board of Regents of the University of Wisconsin System and their
officers, empioyees and agents from and against all claims, losses and expenses which may
arise from services provided under the terms and conditions of this agreement.
2.4. Provide a certificate that names the Board of Regents of the University of Wisconsin System as
an additional insured 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. This certificate shall
be filed with the University Director of Risk Management no later than ten days prior to the use
of University facilities. The City shall for its own protection keep and maintain fire and extended
coverage insurance on all City-owned property that is located on University property, as provided
under this agreement.
2.5. AppoiM the RTF Director, or designee, to serve as a member of the City Cable Television
Advisory Commission.
Part Three -- Addlttonal Provtsions
3.1. 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 tF�e 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 shalf 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 that 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 behatf of the City.
3.2. As required under § 36.11 (8e), Wis. Stats., 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 to reserve two parking spaces in a parking lot near the
Arts and Communication Center for use by participants in this program.
3.3. 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 RTF Director. The University expressly
retains the exclusive right to revoke any rights or privileges of any user of these facilities, if, as
determined by the RTF Direc;or, the Dean of the College of Letters and Science, ihe 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 inembers of the broader University
community.
3.4. It is the policy of the University to ensure maximum access to public events hetd in University
facilities,consisteni 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 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, § UWS 21.05, Wis. Adm. Code.j 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
- 35c -
. � Res 91-47
4
determinations have been made by the Chancellor, as specified under these rules: (1) The
proposed use is under the sponsorship of Radio Television and Film Senrices, Department of
Communication, Coilege of Letters and Science, University of Wisconsin Oshkosh. (2) 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. (3) The University has appropriate facilities that are availabte for the
proposed use. (4) The City has complied with University procedures, as evidenced by the
reduction of this agreement to writing. The University is also committed to a policy of faimess,
affirmative action, and equal opportunity for all persons in its educational programs, activfties and
employment policies. Inquiries regarding Universfty compliance with affirmative action and equal
opportunity laws and regulations may be directed to the University Directo�of Affirmative Action,
800 Algoma Blvd., Oshkosh, WI 54901.
3.5. Subject to the party's willingness to assume legal responsibility for any contracts or obligations
that are entered into pursuant to this agreement,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.
3.6. No later than six months prior to the expiration of this agreement, 'rf 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 RTF Director, 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. ,
3.7. This agreement contains the entire agreement between the parties. 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.
Approval
This agreement became effective as of January 1, 1991, and shall continue until it expires on
December 31, 1993. Signed in duplicate, with each party retaining a copy, on the dates indicated below,
in Oshkosh, Wisconsin, by the duly authorized agents of the parties:
FOR THE CITY OF OSHKOSH, WISCONSIN
By:
Signature William D. FY°ueh, City Manager Date
Signature Donna C. Serwas, City Clerk Date
FOR THE BOARD OF REGENTS
OF THE UNIVERSITY OF WISCONSIN SYSTEM,
OPERATING AS THE UNIVERSITY OF WISCONSIN OSHKOSH
By:
, ,� � .Z
S e Date
� � �
i nature Date
Drdtod(Janu�ry f7, 7Ba1j by T/amas R.Groyan.Univoniry Lrpal Counad,Urrwniry ol W{aoonsin OdAkwh 8P0 Atpom�Bou4vrd,Qrhkosl� WSaconsin 31901;(1f�)�2I-0I?I.
K/PACTV.RVY
- 35d -
' REs 91-47
Addendum to the
City-University Contract
Public Access Cable Television
Tentative Position Description
Working nosition title: Local Access Coordinator
Status: Full-time position.
Hired bv: University (using City funds) upon the recommendation of the RTF Direct�r
and the City
Reports to: RTF Director
Compensation: Set by RTF Director (consistent with University procedures) and
approved by the City
,
Job description:
1. Oversee the provision of public access cable television services.
2. Attend all meetings of the City Cable Television Advisory Commission. Serve
as a technicaf advisor to Commission and make recommendations on the
purchase of equipment and supplies necessary for the operation of the public
access facility.
3. Promote public awareness of the availability of public access services.
4. Ensure that all City-purchased equipment is instalted, maintained, repaired, and
securely stored.
5. Provide education and orientation training to persons using city-owned equipment.
6. Schedule operating hours for public access services (typically 1 :00 to 4:00 p.m.,
Monday through Friday, excluding holidays, University breaks, and other
contingencies) including no fewer than ten hours per week of general public
access available on a first-come, first served basis.
7. Make arrangements for the regular coverage of various governmental meetings
(e.g., common council, county board, school board, etc.) as agreed following
conferral with the City.
8. Make recommendations to the RTF Director for the hiring of upper-level
University students to serve as student assistants to assist with the supervision
of the public access services.
- 35e -
� � ` � Res 91-47
Addendum to the
City-University Contract
Public Access Cable Television
Tentative Position Description
Workina position title: Student Assistants, Local Access
Status: Part-time positions.
Hired bv: University (using City funds) upon the recommendation of the Local Access
Coordinator and the RTF Director
Reports to: Local Access Co�r��na►or
Compensation: Set by RTF Director (and reported to the City)
Job description: -
1. Oversee and staff the public access facilities during assigned hours.
2. Process and schedule requests for public access services.
3. Schedule student lab crews (which are assigned as a part of the laboratory
experience that is required in conjunction with University courses).
4. Conduct preliminary screening of production material.
5. Complete other assigned tasks and responsibilities as determined by the Local
Access Coordinator.
- 35f -
c
0
.�
�
.�
>
�
�
a�
�-
�
�
.n
b
�
�
�
�
U ��
U l�
¢ �.�
O� F--
U Ol � (n (n
••-+ �— O W W
�--� � � O
1� � QQZ
� � �
i �
� � ..
Ol 4I (� S- •• 0
� > c� � Z W
O L � O �-+
� +� S-_ � �'
cn Q C � I-- �
� Q U L�i � U