HomeMy WebLinkAbout34625 / 87-314 October 15, 1987 # 314 RESOLUTION
(CARRIED LOST LAID OVER LlITHDRAWN )
PURPOSE: APPROVE AGREEMEflT - PUBLIC ACCESS TELEVISION
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 Setting Forth the Terms and Conditions Relating to Pu61ic
Access Television for cable tv 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 appro-
priated from: Account No. 092-690 - Cable TV Expense.
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� Res. 8314
AGREEMENTBETWEEN
THE CITY OF OSHKOSH AND
THE UIYIVERSITY OF WISCONSIN OSHKOSH
SETTING FORTII THE TERMS AND CONDITIONS
RELATING TO PUBLIC ACCESS TELEVISION
. [NOVEMBER 15, 1987,TO NOVEMBER 15, 1990]
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Res. #319
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SECTION ONE - PARTIES TO THE AGREEMENT
Agreement Dated [his day of , 1987, by and
between:
11. the CTTY OF OSHKOSH(hereinafrer refened to as the "City"); and
1.2. a. the Boazd of Regents of the University of Wisconsin System, doing
business as the UNIVERSiTY OF WISCONSIN OSHKOSH (hereinafter
referred ro as the "University"),
b. through RADIO-TELEVISION AND FILM SERVICES, Depanment of
Speech, College of Letters and Science (hereinafrer refersed to as
"RTF").
SECTION TWO - CENERAL CONSIDERATIONS
2.1. Introduction. �
a. WHEREAS, the City has a cable television franchise agreement with
- Wamer Cable Communications, Inc., iha[provides for a public access
- television channel on the cable television network operating within
[he City;
b. W[IEREAS, the University has a select mission statement, approved
by the Board of Regents, which includes the following items:
o The Universiry should support interchange of ideas among
members of the University communiry, and between the
University and the people and agencies of its region, ro assist
smdents and residents of the region to become betrer able to
relate to and invigorate a sociery which is in vansition. -
o The University should develop appropriate interinstimtional
program relationships; and
c. WHEREAS, the Universi:y has the technicat expertise and available �
space in Ihe Arts and Communication Center that could be used to
develop the public access television that is pecmitted in the City's
franchise agreement,
d. NOW, THEREFORE, in consideration of the mumal covenants
contained herein, the partizs do hereby agree ro the following terms
and conditions of this ngreement ro govern [he implementation of
public access television in the City of Oshkosh.
2.2. Terms of Agreement
a. This agreemen[ will become effective on Novemtxr 15, 1987, and
continue until expiration three years later on November 15, 1990.
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b. This agreement can be cancelled by ei�her parry, at any time, by
providing the other p:vry with ut leust sixry days' aJvance written
. notice of intent ro cancel [he agreemen[. (See also Sec[ion 4.2.c.)
c. No la[er than six months prior to the expira[ion of this agreement, .
if the rerms have not been extended or renegotiated ro the mutual
satisfacuon of the parties, the parties shall reach agreement on final
setdement 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 ro the
supervision of the Director of RTF, the Ciry shall have the right
and the responsibility to remove equipment, fumimre, and any other
items that it owns upon Ihe cancellation or expiration of this
agreement.
� 2.3. �pter U�7S 21 Wi concin Admini tra[ive Code All provisions of this
, agreement aze subjecc ro the requirements of Chapcer UWS 21 of the
Wisconsin Adminisvadve 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
- . . �. � � [hese rules: �
� � � a � The proposed use is under the sponsorship of Radio Television and
- � . � . � Film Services, Depanment of Speech, College of Letters and Science,
.' - � - . .��� Universiry of Wisconsin Oshkosh.
�� � � . � b.� ���- The proposed�use may no[ in[erfere with,or de�act from, the
� �_ � . � teaching, reseazch and public service missions of the Universiry, or
_- � . . �with the use of the facilities by organizations that are central to
:� _ . � - [he University's mission.
� c. The University has appropriate facilities that are available for the
proposed use.
d. The City has complied with Universi[y prceedures, as evidenced by ,
the reduction of[his agreement ro writing.
2.4. public Accesc While this agreement dces not anticipate the scheduling of
� public events in concection with public access television, it is nonetheless
the policy of the Universiry ro ensure maximum access to public events
held in University facilities, consistent with the legally-recognized rights
and inrerests of perfom�ers, lecwrers, artis[s, and spealcers. Any
contemplated restriction or condition on access ro an event ensuing from
the dzvelopment of this public access television oppormniry must be made
known prior to the even[, and must be embodied in a written agreement �
with the Universiry tha[ is open for public inspection. These agreements �
may not deny or restrict access to University facilities in a manner
con[rary to other applicable laws or regulations or on any other basis
�hat is prohibited by law, including Affirmative Action and Equal �
Employment Opportunity laws, regulations, and University policies.
[Reference, section UWS 21.05, Wisconsin Administmtive Code.]
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'. 2.5. arkin As required under section 3611(Se) of the Wisconsin Statutes,
Ihe University is required to chazge a parking fee for the parking of - -
motor vehicles by visirors ro campus. If suitable advance arrangements
are made, and upon receipt from the Ciry of the regular annual parking
fee for these reserved spaces, the University Parking OfGce will reserve �
[wo pazking spaces in a parking lot near the Arts and Communication
Center for exclusive use by participants in [his program.
SECTION THREE - RESPONSIBILITIES OF THE CITY
The Ciry Agrees to: �
3.1. Purchase Equipment Purchase$45,000 worth of equipment that is
sdec[ed by the City with [he consultation of the Direcror of RTF and
approved by the Dean of the College of Letters and Science, te be
ins[alled by University personnel in smdio space Iceated in the
University's Arts and Communication Center, with the condition that -
installation of such equipment will no[involve or re.quire 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 swdents during the regulazly scheduled
, - hours of open public access for this equipment.
3.2. Pay One-Half the Cost of Maintenance and Repair Pay fifty percent of
[he rotat 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 43.) .
3.3. Purchase Reolacement Equipment Purchase additional equipment, as �
necessary replacements due ro 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 Universiry Harmless The City hereby agrees to waive and hold
harmless [he Board of Regents of the University of Wisconsin System and
Iheir officers, emptoyees and agents from and against all claims, losses
and expenses which may arise from se�vices provided under the tertns and
conditions of this agreement.
3.5. Meet Insurance Re�uirements
a. No larer than ten days prior to the use of Universiry facilities for
public access television, under the rertns and conditions of this
agreement, the City shall file with ihe University Director of Risk �
Management a certificate of a general comprehensive Iiability
insurance policy (insuring against bodily injury, property damage,
and libel and slander arising out of the pnblic access television
programming) with a minimum oF$500,000 protection for each
oceu�rence; additionally, ihe Board of Regems of the University of
Wisconsin System shall be listed as a named additional insured on �
the cenificate of insurance.
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� b. The City shall for its own protection keep and maintain fire and .
� extended coverage insurance on all City-owned property tha[ held or
used by [he Universiry, as provided under this agreement. (See also
Sution 4.2.6.) �
3.6. Remit Fees ro the Univercity,
a. (1) Remit [o the University, within ren days after approval of this .
agreement, an initial payment of$300U.00 ro provide the
University with the funds to cover the start-up costs
associated with this agreement (initial maintenance, s[uden[
salaries, printing brcehures and forms, telephone installation,
etcJ.
(2) Remit ro Ihe University, as billed quarterly, additional
payments, up to a total payment of$]0,000 through 1987, to
offset the costs assceiated with this program for such i[ems as:
Ihe use of University equipment and facilities, student staff
salaries, replacemen[ materials, etc., according [o �he attached
. Schedule A.
� (3) In successive years, the City shall, on a quarterly basis, remit
� ro the University pursuant to paragraph (2), above, an annual
fee that shall not exceed$20,000 per calendar yeaz.
(4) Depending on the level of programming and the various costs
that aze associated with this agreement, the $20,000 limitation
on the annual fee, as set fotth above, may be increased ro
offset the costs incuaed by the University, with the consent
_ of both pazties.
b. As provided in Section S.l.e., the Universiry shall him student help
in connection with this program, and the University shall be
reimbursed in full for Ihese payroll costs from [he proceeds received
in Section 3.6.a.
c. The schedule of fees described in Section 3.6.a.(1)-(3) shall be
subject ro annual review by the panies. 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 shal] be derermined ro be sufFicient [o reimburse the
University for Ihe costs �hat are incident ro the use of these
facilities, as required under section UWS 21.04(2j of the Wisconsin
Administrative Code. �
e. As required under section UWS 21.04(3) of the Wisconsin
Adntinistrative Code, should the nature of�he public access
television oppormniry change such that this undermking becomes
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Res. 4374
$
revenue-producing, the City may be required ro pay additional
charges as rent for the use of these facilities.
3.7. Aaooint Member ro Cable Televicion Advi ory Commi ion Appoint a �
representative of the University as an ex officio and non-wting member
of the City cable television advisory commission. (See aiso Section 4.5.)
3.8. Assume Rexponeibility for Damages, If the studio space, any portion of
[he Ar[s and Communication Cencer, or any other building or propeny �
owned by [he University is damaged during the term of[his agreement by
Ihe act, default or negligence of the City, or its of£cers, agents,
employees, patrons, guests,or any other person admi«ed ro these
� facilities by the City, [he City will pay to Ihe University, upon demand,
such sum as shall be necessary and sufficient to resrom these facilities ro
the condition tha[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 ro these facilities or ro 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 TeleQhone Line Provide a separate, dedicated �
� telephone line, resVicted 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 Agr ee s to•
4.1. Assipn Administrative Responsibilit� -
a. Assign responsibility for overseeing the implementation of this
agreement, as provided under Section Five of[his Agreement, ro the
Direcror of RTF, subject[o 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 sta[ement of Ihe
responsibilities for the Direcror of RTF.
c. The Direcror of RTF assumes responsibility for overseeing the
administration of this agreement and for operating within the
available budget. The Director of RTF inay not commit the
University to modifications to this agreement, nor make commitments
for the expenditure of University funds without ezpress advance
pertnission &om the Dean of the College of Letters and Science, or
other administrative offices, as appropriate.
4.2. Provide Smdio Space
a. Provide suitable studio space, as determined by the Direcror of RTF, �
and approved by the Dean of Ihe College of Letters and Science, in
the Arts and Communication Center for RTF to provide Ihe City
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Res. k314
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with the Public Access Television services described under the terms
. and conditions of this agreement.
I 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 agreemenL (See also
Section 3.5.6.)
c. During the course of this agreement, if smdio 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 m the City, or, (2)cancel this
agreement, as provided in Section 2.2.6.
4.3. Pay One-Half of the Cost of Maintenanc and R nair Pay fifty percent
of the total cost of maintenance and repair of the City-purchased
equipment that is describecl Section 3.1 of the City's responsibilities,
deemed necessary by the City Manager and the Direcror of RTF, and
approved by the Dean of the College of Letters and Science. (See also .
Section 3.2.)
_ 4.4. � $tudent em I�oyment Provide an opportunity for smden[employment, as �
, � described in Section 51.e., and be reimbursed, as provided under Sections
3.6.a. and 3.6.6. Sludent employment is ro be provided during the regulaz �
. academic yeaz, holidays and vacations when smdents aze available, as as
determined by the Direcror of RTF in consultation with the Dean of the
College of Letrers and Science.
4.5. Appoint Reoresen[ative ro Serve as a Member of the C�able Televi ion
Advisory Commission. Appoint a representative, which may be the
Direcror of RTF, ro serve as an ex officio and non-voting member of the
City cable television advisory commission. (See also Section 3.7J
SECTION FIVE - RESPONSIBILITIES OP THE DIRECTOR OF RTF
As Provided Under Section 4.1 a and C �bject [o the Limitations Set Forth in
Sechon 4 I c . the Direcror of RTF Under the Suoervi ion of the Dean of the
College of Letcers and Science ShaIP
5.1. Serve as Technical Advisor and Provid ervice
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
conceming replacement of the equipment that is purchased by the
Ciry under this agreement.
c. Install the City-owned equipment and provide suitable secure
locations for the s[orage of video cameras and recording equipment.
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Res. �314
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d. Provide education and orientation training ro [he RTF staff and
university smdents concerning the proper use and maintenance of
this equipment.
e. Selut two uppeo-level University smdents [o sccve as student
assistants to assist with the supervision of this public access
television service. These swdents will be compensated at the rate
of$4.W per hour, up ro twenty hours per week. Smdent
responsibilities, under the immediate supervision of[he Direcror of
RTF, will include the following: Q) processing requests for public
access service; (2) developing schedules for utilization of the
facilities, including smdio and remote production; (3) assigning
smdent lab crews (as assigned as a pazt of[he laborarory experience
required in conjunction with University courses); and (4) wnducting
preliminazy screening of production material; eta (See also Section
3.6.b.)
5.2. Assume Adminictrative Resoonsibilitie
a. Make azrangements for the smdio space that will be used for this
- Public Access Television, consis[ent with the requirements found in
� . section UWS 21.04(1)(bj, namely, [hat the provision of studio space
may not intedere with, or detract from, the teaching, research and
public service missions of the ins[imtion, or with use of the
� facilities by organizations that are associated with the University.
b. Schedule regular hours, which will ordinarily be from 1:00 ro 430
p.m., Monday through Friday (holidays and emergencies excepred),
for use of the video equipment by smdents and members of the
_ public. Access ro the Ciry-owned equipment and smdio facilities by
- smden[s and the public will generally be on a first-come, first serve
basis. However, ro ensure an opportunity is provided for adequate
use of Ihese facilities by members of the general public, [he
Diruror shall schedule a minimum of ten hours per week to be
dedicated exclusively for use by Ihe general public. If sufficient
demand is present for use of these facilities by the general public,
� the Direcror shall atrempt to make arrangements to schedule
� additional time for the exciusive use of the generai publia The
Ciry's franchise agreement with Warner Cable Communications, Inc.,
provides that if the facilities aze used more than 20 hours per week
for public access programming, another channel is to be providzd.
The addition of another channel will invalidate this agreement and
require renegotiation of the terms and condi[ions relating to the use .
of University facilities for[his pucpose.
a Make arrangements for the Universiry ro provide smdent assistance
fo students and members of the public who use ihe Ciry-owned
equipmen[during [he regularly-scheduled hours oF open access to
the equipment. Additionally, when pmspective users of the
equipment make advance arzangements, the Direcror shall also
attempt to make arrangemznts for smden[ assistance to provide
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Res. #314
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additional limiced cechnical support concerning the proper use of the
equipment.
d. Make arrangements, in consultation wi�h the City, for use of ihe
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�he telms and conditions of this agreement.
SECTION SIX - CONCLUDING PROVISiONS
6.1. Agreement is Inclusive I[is further understood that this written
agreement contains the entire agreement between the panies and that any
modifications in or alrerations ro this agreement shall be reduced �o
writing and a[tached as an addendum to this agreement If any section
or pazagraph of this agreement shall be held ro be invalid, that shall wt
impair Ihe validiry of[he remaining sections and paragraphs of the
agreement.
62. $Satement Concerning Affianative Action/Equal Op ortunity, The
� University is commit[ed ro a policy of fairness, afERnative actioq and
� equal opportunity for all persons in its educational programs, activities
and employment policies. Inquiries regazding Universiry compliance with �
affirmative ac[ion and equal oppormnity laws and regulations may be
� directed to [he University Director of Affinnative Action, 800 Algoma
Blvd., Oshkosh, WI54901.
� 63. Rights Retained by the University.
� a. All participants who use City-owned equipment while located in
. Universiry facilities are required ro adhere ro all Universiry mles,
. regulations, policies, guidelines, and all aher applicable local stare, .
and federal laws and regul:itions. Quesiions conceming �he 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 fncilities, if, as determined
by the Direcror of RTF, the Dean of the College of Letters and
Science, or the Chancellor, or the Chancellor's designee, the user's
conduct is detertnined to be injurious, or potentially injurious, ro
the hwlth, safery, or welfare of any parry, or, if the user's conduct
is determined, in the sole judgment of the Universiry official, ro be
inconsisrent with either the educational mission of the Universiry or
with the sensitivities of inembers of the broader University
community.
This agreement was signed in duplicate, with each party retaining a wpy, this
day of , 1987, in Oshkosh, Wisconsin, by the duly
authorized agents of the paties that are identified bzlow.
FOR TRE CITY OF OS[iKOSII, WISCONSIN
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, . Res. #319
9
BY:
x
x
FOR THE BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN
SYSTEM, DOING BUSINESS AS TIIE UNIVERSITY OF WISCONSIN OSIIKOSII
BY:
x
x
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