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HomeMy WebLinkAbout1996-101 Cable Agrmt - SOSCSOUTHERN OREGON STATE COLLEGE July 1, 1996 Sharlene P. Stephens, ALS City of Ashland 20 E. Main Street Ashland OR 97520 Dear Ms. Stephens: Re: Agreement for Services Between City of Ashland and Southern Oregon State College As you requested, I am returning one original of the referenced agreement, retaining one here for our files. Please note that as it turned out we did not need the signature of an Assistant Attorney General, approving the document as to "legal sufficiency," so this signature box has been lined through and initialed by the State System of Higher Education Special Assistant Attorney General, Melinda Grier. A hearty "thank you" to Park Nolte and you for your assistance in bringing this partnership agreement to fruition! Sincerely yours, Ronald S. Bolstad Dean of Administration and Finance bw Enclosure C'. B. Almquist S. Reno DEAN OF ADMINISTRATION AND FINANCE 1250 SISKIYOU BOULEVARD ASHLAND, OREGON 97520-50]3 TEL 541-5S2-6319 FAX 541-552-6337 bolstad@wpo.sosc.osshe.edu AGREEMENT FOR SERVICES BE'i'WEEN CITY OF ASHLAND AND SOUTHERN OREGON STATE COLLEGE Agreement between the City of Ashland, ("City") and the State of Oregon acting by and through the State Board of Higher Education on behalf of Southern Oregon State College ("College"). RECITALS: A. The parties to this agreement have provided cable access television to the community for several years. The historical relationship between the parties regarding community television is set forth on the attached Exhibit A. B. The parties now enter into this agreement to identify their roles and responsibilities in the provision of cable access services by the College for the City. College and City agree: 1. College Responsibilities. College shall use its best efforts to achieve the following objectives during the period of this agreement: 1.1. Operate Rogue Valley Community Television as administered by the Extended Campus Program of College ("RVTV"). 1.2. Engage in the cablecast of PEG access programming over, and assume control of, all cable channels and interconnect facilities made available to the City for its use. 1.3. Prepare at the direction of the City a detailed manual setting forth fair and equitable policies and procedures for public access to and use of the access facilities. The College will provide public access services as established by the City's Cable Access Commission ("Commission") and implement the policies and procedures of the manual described in this section. Disputes with the public regarding these services shall be resolved as provided in policies and procedures adopted by the Commission. 1.4. Establish and maintain video production workshops to instruct potential users on the safe, proper and effective use of the RVTV's equipment and facilities. 1.5. Periodically assess, by survey or other appropriate means, the scope and degree of community need for the College's facilities, and allocate channels, outline PAGE 1-AGREEMENT I,:.or..~c.b~..oc.k~ programming, and modify existing policies and procedures to achieve maximum possible use of the facilities on a region-wide basis. 1.6. Ensure proper repair, maintenance and security of equipment purchased for RVTV with City funds. This section shall also apply to all video equipment at City's council chambers and City shall transfer title to such equipment to College. City shall also transfer title to College of all equipment City purchased for RVTV with City funds. 1.7. Produce government access programming for the City. 1.8. Determine, after consultation and approval by City, use of channels assigned to City. 2. College Report Responsibilities. 2.1. The College shall provide such information to the City as the City shall reasonably deem appropriate regarding the College's RVTV activities, use of funds and accomplishments under this agreement. 2.2. The College shall immediately report to the City upon becoming aware of any unexpected developments or problems regarding programming or fiscal considerations which may jeopardize the provisions of service under this agreement. 2.3. The College shall provide an annual report to the City prior to September 1 of each year regarding RVTV workshops and training conducted; equipment and facility use; government and public access programming; revenues and capital and operating expenditures. 3. Period of performance. The period of performance covered by this agreement is from the date of the last signature affixed to this document to June 30, 1999. In the event written notice is not given by either party to terminate this agreement at least 180 days prior to the termination date, this agreement shall be extended for successive two-year periods on the same terms and conditions. 4. Compensation and method of payment. Subject to the conditions set out in sections 4.2 and 5.1, the City shall pay to the College: 4.1. Forty percent of the cable television franchise fees of TCI and its successors, derived from the franchise areas granted to TCI by the City during the period set forth in section 3, on receipt by the City of a quarterly statement for the immediately preceding quarter. 4.2. One hundred percent of the PEG access fees received by City. These fees may only be used by College for RV'I'V facilities and equipment. Title to facilities and PAGE 2-AGREEMENT {p:agree\cablesoc.k) equipment purchased under this provision shall be held by the College. College will establish a depreciation reserve as of July 1, 1996, to enable the replacement of existing equipment listed in the inventory. Funds will be transferred annually to the reserve in an amount reflecting the value of the inventory divided by the average weighted useful life of the inventorled equipment. Qf the amount transferred, one-half will be PEG access fees and one-half College funds. Equipment upgrades, as contrasted with replacement, will be funded separately by the requesting party. 5. Budget restrictions. 5.1. The amount of cable television franchise fees payable to the College under section 4.1 is subject to final appropriation by the City in the budget process on an annual basis. 5.2. If sufficient funds are not provided in future legislatively approved budgets of the College to permit the College in the exercise of its reasonable administrative discretion to continue this agreement, or if the program for which this agreement was executed is abolished, the College may terminate this agreement without further liability by giving the City not less than 30 days' prior notice. In determining the availability of funds for this agreement, the College may use the budget adopted for it by the Joint Ways and Means Committee of the Oregon Legislative Assembly. College presently intends to continue this agreement for its entire term. College will include in its budget request for each fiscal year sufficient funds for this agreement. College reasonably believes moneys sufficient for the continuation of this agreement will lawfully be appropriated and made available for this purpose. 6. Termination. This agreement may be terminated by either party if the other party: 6.1. Commits any breach of any of the terms or conditions of this agreement and fails or neglects to correct the same within 30 days after written notice of such breach. If the breach is of such a nature that it cannot be completely remedied within the 30-day period, this provision shall be complied with if correction of the breach begins within the 30-day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 6.2. Fails to budget sufficient funds to meet its contractual obligations under this agreement. 7. Remedies. In the event of termination, the College shall pay to the City any unexpended funds received by the College at any time from the City. City shall pay to PAGE 3-AGREEMENT (p:agree\cablesoc.k) College for compensation earned and costs incurred by RVTV prior to the termination date. 8. Assignment. The College shall not assign or transfer any interest in this agreement without prior written consent of the City, provided, however, that the College may subcontract the performance of any provision or obligation required by this agreement, so long as the College remains primarily responsible to the City for the performance of such provision or obligation. 9. General Provisions. 9.1. The College shall make payment promptly as due to persons supplying services for work provided under this agreement. 9.2. The College shall not cause any lien or claim to be filed or prosecuted against the City on account of labor furnished or materials or equipment installed. 9.3. City shall have access at all reasonable times, including during normal working hours, to all books and records of RVTV. 9.4. Except as provided for in this agreement, the City shall not be liable for any obligations incurred by the College. The College shall not represent to any person that the City is liable for College's obligations, except for such obligations City may be liable as provided for in this agreement. 10. Notices and Representatives. All notices, certificates, or communications shall be delivered or mailed postage prepaid to the parties at their respective places of business as set forth below or at a place designated hereafter in writing by the parties. City of Ashland: Brian L. Almquist City Administrator 20 East Main Ashland, OR 97520 Southern Oregon State College: Kevin Talbert Extended Campus Programs 1250 Siskiyou Boulevard Ashland, OR 97520 11. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. NO AMENDMENT, CONSENT, OR WAIVER OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY ALL PARTIES. ANY SUCH AMENDMENT, CONSENT, OR WAIVER SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THE PARTIES, BY THE SIGNATURES BELOW OF PAGE 4-AGREEMENT THEIR AUTHORIZED REPRESENTATIVES, ACKNOWLEDGE HAVING READ AND UNDERSTOOD THE AGREEMENT AND THE PARTIES AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. CITY OF ASHLAND STATE OF OREGON, by and through the State Board of Higher Education on behalf of Southern Oregon State College By Its D~,~--,- Ao~,.~,s-rzz~ ~ F,~ Date ~//) l ~ ~ ~ APPROVED AS ~~CIENCY Asst. A~ey General PAGE 5-AGREEMENT ROGUE VALLEY COMMUNITY TELEVISION City of Ashland, Southern Oregon State College EXHIBIT A On February 20, 1990 Ashland Cable Access Channel began cablecasting community-produced television programming to the citizens of Ashland and Jackson County on TCI Cablevision channels 99-61-1. ACA was created after successful negotiations were completed with the City of Ashland, Southem Oregon State College and Ashland Community Hospital. This unique parmership created Southern Oregon's only community-owned cable television channel in accordance with the city's franchise agreement with TCI Cablevision. From the inception, studios, editing facilities, playback center and offices have been located in the SOSC Library building, third floor. Programs are cablecast Monday through Friday from 4:00pro until midnight. Approximately 250 hours of programming occurs each month. It's purpose was to provide public, education and government (PEG Access) programming to the citizens of Ashland and Jackson County. Ashland Cable Access also services as the centerpiece for the SOSC Broadcast Communication program by providing a laboratory experience for students eaming a bachelors degree in communication. The Ashland School District and Ashland Chamber of Commerce became full channel partners in 1992. Each organiTation was represented on the Ashland Cable Access Commission, which made pohcy decisions regarding numerous aspects of channel operations. In return for assistance in funding a portion of the cable access channel, each organization received a contract for service from ACA. Southern Oregon State College broadcast majors act as producers, directors, graphic artists, camera and audio operators for channel productions involving its parmers, staff and student productions. Students also work as Master Control Playback Operators while the channel is operational. Local citizens participate by creating programming as part of public access television. Public access is regulated by ACA "Rules, Policies & Procedures Manual" approved by the cable commission. Programming is generally divided into the following areas: 15% government programming from the City of Ashland; 25% educational progrmnming from Southern Oregon State College and its broadcast students; 25% public access programming made by local citizens while the remainder is divided between channel parreefs, outside suhnissions of programs and staff members. Page I of 2 Responding to changing times and an uncertain future and mission, the Ashland Cable Access Commission changed the name of ACA to Rogue Valley Community Television (RVTV) in August 1992. RVTV was allocated new channel capacity and now cablecasts on TCI channels, 9, 30 and 31 all of which are placed on the basic cable system and more easily available to viewers. All RVTV channels are operated and managed by Southern Oregon State College through Extended Campus Programs (ECP). During its first six years of operations, RVTV has cablecast approximately 2-thousand hours of programming per year -- 85% of which is made in Jackson County. RVTV students, staff and community producers have won 27 video awards in "Best of the Northwest Video Festival" competition sponsored by the Alliance for Commtmity Media's Northwest Region. RVTV was awarded the prestigious Alliance's national "Community Communications Award" presented in Atlanta, Georgia in 1993 in recognition of a unique partnership spirit between city; college; hospital; school district; chamber; in the creation and operation of a successful community television and serves as a model for small communities. This tmique cable television partnership provides a rare oppommity for citizens, governments, educational institutions and non-profit groups to communicate directly with others in an uncensored forum guaranteeing First Amendment rights for all. In order to ensure these services are provided in the future, the City of Ashland and Southern Oregon State College have emerged as principals in guiding RVTV.. Former partners will continue their relationship with RVTV n the form of "contracts for service" through Southern Oregon State College. Ashland City Cotmcil Ordinance 270, approved February 17, 1993 specifically spells out the relationship of the cable commission with the City of Ashland. It is anticipated the Ordinance will be modified to reflect the changing role of the cable commission from one of providing oversight for RVTV operations to one of dealing exclusively with pubhc access issues and being an advisor to the City Council on such matters. Therefore, the City of Ashland and Southem Oregon State College, as owners and managers of RVTV, are committed to providing community television in Jackson County through the following contract, as they have done since 1990 Page 2 of 2 SOUTHERN OREGON STATE COLLEGE July 1, 1996 Sharlene P. Stephens, ALS City of Ashland 20 E. Main Street Ashland OR 97520 Dear Ms. Stephens: Re: Agreement for Services Between City of Ashland and Southem Oregon State College As you requested, I am retuming one original of the referenced agreement, retaining one here for our files. Please note that as it turned out we did not need the signature of an Assistant Attorney General, approving the document as to "legal sufficiency," so this signature box has been lined through and initialed by the State System of Higher Education Special Assistant Attorney General, Melinda Grier. A hearty "thank you" to Park Nolte and you for your assistance in bringing this paanership agreement to fruition! Sinceres, Ronald S. Bolstad Dean of Administration and Finance bw Enclosure C: B. Almquist S. Reno DEAN OF ADMINISTRATION AND FINANCE 1250 SISKIYOU BOULEVARD ASHLAND, OREGON 97520-5033 TEL 541-552-6319 FAX 541-552-6337 bolstad@wpo.s0sc.osshe.edu AGREEMENT FOR SERVICES BE'I'VVEEN CITY OF ASHLAND AND SOUTHERN OREGON STATE COLLEGE Agreement between the City of Ashland, ("City") and the State of Oregon acting by and through the State Board of Higher Education on behalf of Southern Oregon State College ("College"). RECITALS: A. The parties to this agreement have provided cable access television to the community for several years. The historical relationship between the parties regarding community television is set forth on the attached Exhibit A. B. The parties now enter into this agreement to identify their roles and responsibilities in the provision of cable access services by the College for the City. College and City agree: 1. College Responsibilities. College shall use its best efforts to achieve the following objectives during the period of this agreement: 1.1. Operate Rogue Valley Community Television as administered by the Extended Campus Program of College ("RVTV"). 1.2. Engage in the cablecast of PEG access programming over, and assume control of, all cable channels and interconnect facilities made available to the City for its use. 1.3. Prepare at the direction of the City a detailed manual setting forth fair and equitable policies and procedures for public access to and use of the access facilities. The College will provide public access services as established by the City's Cable Access Commission ("Commission") and implement the policies and procedures of the manual described in this section. Disputes with the public regarding these services shall be resolved as provided in policies and procedures adopted by the Commission. 1.4. Establish and maintain video production workshops to instruct potential users on the safe, proper and effective use of the RVTV's equipment and facilities. 1.5. Periodically assess, by survey or other appropriate means, the scope and degree of community need for the College's facilities, and allocate channels, outline PAGE 1-AGREEMENT ~p:.OreeXcab~.oo.k} programming, and modify existing policies and procedures to achieve maximum possible use of the facilities on a region-wide basis. 1.6. Ensure proper repair, maintenance and security of equipment purchased for RVTV with City funds. This section shall also apply to all video equipment at City's council chambers and City shall transfer title to such equipment to College. City shall also transfer title to College of all equipment City purchased for RVTV with City funds. 1.7. Produce government access programming for the City. 1.8. Determine, after consultation and approval by City, use of channels assigned to City. 2. College Report Responsibilities. 2.1. The College shall provide such information to the City as the City shall reasonably deem appropriate regarding the College's RV'I'V activities, use of funds and accomplishments under this agreement. 2.2. The College shall immediately report to the City upon becoming aware of any unexpected developments or problems regarding programming or fiscal considerations which may jeopardize the provisions of service under this agreement. 2.3. The College shall provide an annual report to the City prior to September 1 of each year regarding RVTV workshops and training conducted; equipment and facility use; government and public access programming; revenues and capital and operating expenditures. 3. Period of performance. The period of performance covered by this agreement is from the date of the last signature affixed to this document to June 30, 1999. In the event written notice is not given by either party to terminate this agreement at least 180 days prior to the termination date, this agreement shall be extended for successive two-year periods on the same terms and conditions. 4. Compensation and method of payment. Subject to the conditions set out in sections 4.2 and 5.1, the City shall pay to the College: 4.1. Forty percent of the cable television franchise fees of TCI and its successors, derived from the franchise areas granted to TCI by the City during the period set forth in section 3, on receipt by the City of a quarterly statement for the immediately preceding quarter. 4.2. One hundred percent of the PEG access fees received by City. These fees may only be used by College for RVTV facilities and equipment. Title to facilities and PAGE 2-AGREEMENT ~.:,,.,.~.,.,~.oo.k~ equipment purchased under this provision shall be held by the College. College will establish a depreciation reserve as of July 1, 1996, to enable the replacement of existing equipment listed in the inventory. Funds will be transferred annually to the reserve in an amount reflecting the value of the inventory divided by the average weighted useful life of the inventoried equipment. Of the amount transferred, one-half will be PEG access fees and one-half College funds. Equipment upgrades, as contrasted with replacement, will be funded separately by the requesting party. 5. Budget restrictions. 5.1. The amount of cable television franchise fees payable to the College under section 4.1 is subject to final appropriation by the City in the budget process on an annual basis. 5.2. If sufficient funds are not provided in future legislatively approved budgets of the College to permit the College in the exercise of its reasonable administrative discretion to continue this agreement, or if the program for which this agreement was executed is abolished, the College may terminate this agreement without further liability by giving the City not less than 30 days' prior notice. In determining the availability of funds for this agreement, the College may use the budget adopted for it by the Joint Ways and Means Committee of the Oregon Legislative Assembly. College presently intends to continue this agreement for its entire term. College will include in its budget request for each fiscal year sufficient funds for this agreement. College reasonably believes moneys sufficient for the continuation of this agreement will lawfully be appropriated and made available for this purpose. 6. Termination. This agreement may be terminated by either party if the other party: 6.1. Commits any breach of any of the terms or conditions of this agreement and fails or neglects to correct the same within 30 days after written notice of such breach. If the breach is of such a nature that it cannot be completely remedied within the 30-day period, this provision shall be complied with if correction of the breach begins within the 30-day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 6.2. Fails to budget sufficient funds to meet its contractual obligations under this agreement. 7. Remedies. In the event of termination, the College shall pay to the City any unexpended funds received by the College at any time from the City. City shall pay to PAGE 3-AGREEMENT <.:.r.e~.ab~.oc.k} College for compensation earned and costs incurred by RVTV prior to the termination date. 8. Assignment. The College shall not assign or transfer any interest in this agreement without prior written consent of the City, provided, however, that the College may subcontract the performance of any provision or obligation required by this agreement, so long as the College remains primarily responsible to the City for the performance of such provision or obligation. 9. General Provisions. 9.1. The College shall make payment promptly as due to persons supplying services for work provided under this agreement. 9.2. The College shall not cause any lien or claim to be filed or prosecuted against the City on account of labor furnished or materials or equipment installed. 9.3. City shall have access at all reasonable times, including during normal working hours, to all books and records of RVTV. 9.4. Except as provided for in this agreement, the City shall not be liable for any obligations incurred by the College. The College shall not represent to any person that the City is liable for College's obligations, except for such obligations City may be liable as provided for in this agreement. 10. Notices and Representatives. All notices, certificates, or communications shall be delivered or mailed postage prepaid to the parties at their respective places of business as set forth below or at a place designated hereafter in writing by the parties. City of Ashland: Brian L. Almquist City Administrator 20 East Main Ashland, OR 97520 Southern Oregon State College: Kevin Talbert Extended Campus Programs 1250 Siskiyou Boulevard Ashland, OR 97520 11. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITrEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. NO AMENDMENT, CONSENT, OR WAIVER OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY ALL PARTIES. ANY SUCH AMENDMENT, CONSENT, OR WAIVER SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THE PARTIES, BY THE SIGNATURES BELOW OF PAGE 4-AGREEMENT {p:.eree~c.b~.oc.k> THEIR AUTHORIZED REPRESENTATIVES, ACKNOWLEDGE HAVING READ AND UNDERSTOOD THE AGREEMENT AND THE PARTIES AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. CITY OF ASHLAND STATE OF OREGON, by and through the State Board of Higher Education on behalf of Southern Oregon State College By Its Date By Asst. A~dey General PAGE 5-AGREEMENT (p:agree\cablesoc.k) ROGUE VALLEY COMMUNITY TELEVISION City of Ashland, Southern Oregon State College EXHIBIT A On February 20, 1990 Ashland Cable Access Channel began cablecasting community-produced television programming to the citizens of Ashland and Jackson County on TCI Cablevision channels 99-61-1. ACA was created after successful negotiations were completed with the City of Ashland, Southem Oregon State College and Ashland Community Hospital. This unique partnership created Southern Oregon's only community-owned cable television channel in accordance with the city's franchise agreement with TCI Cablevision. From the inception, studios, editing facilities, playback center and offices have been located in the SOSC Library building, third floor. Programs are cablecast Monday through Friday from 4:00pm until midnight. Approximately 250 hours of programming occurs each month. It's purpose was to provide public, education and government (PEG Access) programming to the citizens of Ashland and Jackson County. Ashland Cable Access also services as the centerpiece for the SOSC Broadcast Communication program by providing a laboratory experience for students earning a bachelors degree in communication. The Ashland School District and Ashland Chamber of Commerce became full channel partners in 1992. Each organization was represented on the Ashland Cable Access Commission, which made pohcy decisions regarding numerous aspects of channel operations. In return for assistance in funding a portion of the cable access channel, each organization received a contract for service from ACA. Southern Oregon State College broadcast majors act as producers, directors, graphic artists, camera and audio operators for channel productions involving its partners, staff and student productions. Students also work as Master Control Playback Operators while the channel is operational. Local citizens participate by creating programming as part of public access television. Public access is regulated by ACA "Rules, Policies & Procedures Manual" approved by the cable commission. Programming is generally divided into the following areas: 15% government programming from the City of Ashland; 25% educational progranuning from Southern Oregon State College and its broadcast students; 25% public access programming made by local citizens while the remainder is divided between channel parmers, outside submissions of programs and staff members. Page I of 2 Responding to changing times and an uncertain future and mission, the Ashland Cable Access Commission changed the name of ACA to Rogue Valley Community Television (RVTV) in August 1992. RVTV was allocated new channel capacity and now cablecasts on TCI channels, 9, 30 and 31 all of which are placed on the basic cable system and more easily available to viewers. All RVTV channels are operated and managed by Southern Oregon State College through Extended Campus Programs (ECP). During its first six years of operations, RVTV has cablecast approximately 2-thousand hours of programming per year -- 85% of which is made in Jackson County. RVTV students, staff and community producers have won 27 video awards in "Best of the Northwest Video Festival" competition sponsored by the Alliance for Community Media's Northwest Region. RVTV was awarded the prestigious Alliance's national "Community Communications Award" presented in Atlanta, Georgia in 1993 in recognition of a un/que partnership spirit between city; college; hospital; school district; chamber; in the creation and operation of a successful community television and serves as a model for small communities. This unique cable television partnership provides a rare oppommity for citizens, govermnents, educational institutions and non-profit groups to communicate directly with others in an ancensored forum guaranteeing First Amendment rights for all. In order to ensure these services are provided in the future, the City of Ashland and Southern Oregon State College have emerged as principals in guiding RVTV.. Former parmers will continue their relationship with RVTV n the form of "contracts for service" through Southern Oregon State College. Ashland City Council Ordinance 270, approved February 17, 1993 specifically spells out the relationship of the cable commission with the City of Ashland. It is anticipated the Ordinance will be modified to reflect the changing role of the cable commission from one of providing oversight for RVTV operations to one of dealing exclusively with public access issues and being an advisor to the City Council on such matters. Therefore, the City of Ashland and Southern Oregon State College, as owners and managers of RVTV, are committed to providing community television in Jackson County through the following contract, as they have done since 1990 Page 2 of 2