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HomeMy WebLinkAbout08/04/2009, C 6 - APPROVAL OF AGREEMENT RELEASING THE EDUCATION PORTION OF PUBLIC, EDUCATION AND GOVERNMENT (PEG) ACC Co un Ci 1 n,�`D� 84-2009 j agenda Repoat "�` C 0 CITY OF SAN LUIS OBISPO FROM: Shelly Stanwyck, Assistant City Manager Prepared by: Elaina Cano, Interim City Clerk ' SUBJECT: APPROVAL OF AGREEMENT RELEASING THE EDUCATION PORTION OF PUBLIC, EDUCATION AND GOVERNMENT (PEG) ACCESS FUNDS TO SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT RECOMMENDATION Approve an agreement with the San Luis Coastal Unified School District for the release of the "education" portion of the Public, Education, Government (PEG) Access funds received by the City under its cable television franchise agreement with Charter Communications and authorize the Mayor to execute the Agreement. DISCUSSION Background In 1995, the City entered into a 15-year franchise agreement with Charter Communications (previously Sonic Cable Television) for the operation of a cable television system in the City. A key component of the agreement was a commitment by the cable company to provide public, education and government (PEG) access to the cable system. This commitment included the establishment of a PEG fund to purchase capital equipment for a PEG access program equal to 1% of Charter Communications' annual gross revenues. Under this agreement, these funds cannot be used for operational purposes nor can they be used for anything other than PEG access. Before the City could receive and disburse PEG access funds that had been accumulating since 1995, the Council was required under the franchise agreement to adopt a PEG access operating plan. Under this plan, which was adopted by the Council on July 19, 2005 (Resolution No. 9708), the City allocates PEG access funds equally between public, education, and government access, summarized as follows: I. The "government" portion of PEG access funds are directly managed by the City in making improvements that allow programming on Channel 20, including broadcast of Council and Planning Commission meetings. 2. Under the operating plan approved by the Council on July 19, 2005, all of the "public" portion of PEG access funds are allocated to San Luis Obispo County Public Access Television, a local nonprofit corporation. C6-1 Release of PEG Access Funds Page 2 3. Under an agreement subsequently approved with the San Luis Coastal Unified School District (SLCUSD) on July 22, 2005, all of the "education' portion of PEG access funds are allocated to it(Attachment 1). As set forth in Attachment 1, SLCUSD had not yet prepared the required operating plan for the use of education access funds. Accordingly, the July 2005 agreement required the City to continue setting aside funds for SLCUSD until such a plan was prepared. SLCUSD Operating Plan As set forth in Attachment 2, SLCUSD has finalized its operating plan. At this time, there is $398,937 available in PEG access funds allocated for education: $347,007 from payments from Charter Communications and $51,930 in investment earnings. As reflected in the attached operating plan,the first year provides for improvements district-wide, summarized as follows: First Year Plan Summary High Schools San Luis Obispo High School 61,002 Morro Bay High School 50,000 Pacific Beach High School 4,579 Middle Schools Laguna Middle School 110,427 Los Osos Middle School 110,427 Elementary Schools Bishop's Peak 4,579 Hawthorne 4,579 Pacheco 4,579 Sinsheimer 4,579 CL Smith 4,579 Teach 4,579 Baywood 4,579 Del Mar 4,579 Los Ranchos 4,579 Monarch Grove 4,579 Check-Out Equipment 7,528 County Office of Education 6,000 TOTAL $395,753 Exclusion of Schools Located in Morro Bay. In reviewing the locations,the City and SLCUSD staffs concur that for the schools located in Morro Bay (Morro Bay High School and Del Mar Elementary Schools), PEG access funding should come from the City of Morro Bay in the amount of$54,579. SLCUSD has requested funding from the City of Morro Bay, which at the time of their staff report, appears receptive to this request. 0�-a Release of PEG Access Funds Page 3 Excluding these two schools results in a net first-year disbursement of $341,174, leaving a remaining balance in the SLCUSD account of $57,763. This will grow with continuing payments from Charter Communication of about$34,000 annually. Basis for Including Schools Located in Unincorporated Areas of SLCUSD. For schools located in the unincorporated areas, use of City PEG access funds for the proposed improvements makes sense in light of the County's use of education PEG access funds. Much like the City, the County, which collects PEG access funds in the unincorporated areas, has entered into an agreement with the San Luis Obispo County Office of Education (SLOCOE) for the use of its County PEG access funds allocated for education. As reflected in the SLCUSD operating plan, it plans to use SLOCOE's broadcasting facilities rather than building its own. This cooperative approach makes sense; and that the contribution of County-funded broadcasting facilities is a reasonable offset for the use of the City's education PEG access funds in creating an integrated system. Implementation: Approval of Agreement Provided in Attachment 3 is the proposed agreement with SLCUSD that will implement disbursements to SLCUSD pursuant to the operating plan. The SLCUSD Board of Trustees approved the agreement on June 23,2009. The agreement has a three year term, commencing with Council's approval, and provides for two,three year extensions. CONCURRENCES The Finance& Information Technology Department concurs with this recommendation. FISCAL EWPACT As discussed above, there is $398,937 available in PEG access funds allocated for education: $347,007 from payments from Charter Communications and $51,930 in investment earnings. As summarized below, the initial proposed disbursement under the operating plan is $341,174, leaving a remaining balance in the SLCUSD account of $57,763. This is anticipated to grow with continuing payments from Charter Communications of about$34,000 annually. Initial Disbursement • e Summary SLCUSD Operating Plan 395,753 Less Morro Bay High School (50,000) Del Mar Elementary School (4;579) TOTAL $341,174 There are no fiscal impacts to the General Fund associated with approval of the agreement or disbursement of funds to SLCUSD. Subject to the eligibility terms of the City's franchise C�,- 3 Release of PEG Access Funds Page 4 agreement with Charter Communications and in accordance with the City's agreement with SLCUSD,these funds can only be used by SLCUSD. ALTERNATIVES 1. Do Not Approve a Release Agreement with SLUSCD. Given that SLUSCD has complied with its requirement to prepare an operating plan in accordance with its July 22, 2005 agreement with the City, staff does not recommend this alternative. 2. Do Not Fund Improvements in the Unincorporated Areas. Staff believes that there is a reasonable nexus between the broadcasting facilities funded by the County that will benefit City residents and the integrated network that will be funded with City PEG access funds. ATTACHMENTS 1. July 22, 2005 PEG Access Agreement with SLCUSD 2. Proposed SLCUSD Operating Plan 3. Proposed Agreement with SLCUSD for Release of PEG Access Funds T:Council Agenda Reports/City Clerk/San Luis Costal PEG Access/84-09 CAR Imentl AGREEMENT BETWEEN CITY OF SAN LUIS OBISPO AND SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR USE OF PEG ACCESS FUNDS (E-PORTION) This Agreement is made this ,Z?1ay of -0 � , 2005, by and between the City of San Luis Obispo, a municipal corporation ity"), and San Luis Coastal Unified School District ("SLCUSD"), who agree as follows: RECITALS WHEREAS the City desires to provide support for the use of cable television public, education, and government ("PEG") access channels operated pursuant to federal law; and WHEREAS the City has granted a franchise to Charter Communications to operate a cable television system in the City; and WHEREAS Ordinance No. 12783 Series) and the Cable Television Franchise Agreement dated April 20, 1995, indicates that the City may designate nonprofit access management entity(ies) to operate and administer the PEG access facilities, services and programming; and WHEREAS said franchise agreement with Charter Communications provides that certain channel capacity be made available for PEG access; and WHEREAS the franchise agreement with Charter Communications provides that certain initial and ongoing payments shall be made by Charter Communications for PEG access capital equipment and facilities; and WHEREAS the franchise agreement with Charter Communications provides that certain payments and in-kind services shall be provided by Charter Communications to support the operations of the PEG access facilities, equipment and channels; and WHEREAS the Franchise Agreement with Charter Communications provides that plans of operation for PEG access must be developed and approved by City before any funds dedicated to the provision of PEG access facilities, services, and programming may be released to the nonprofit management entities designated by City to provide such services; and i WHEREAS plans of operation for the public and government portions of PEG access have been developed and approved by City; and �,1pr� Attakwaiment Agreement with SLCUSD for Education Access Television Page 2 WHEREAS SLCUSD, as the nonprofit management entity designated by City for the education programming and services portion of PEG access, has not yet had an opportunity to prepare such an operational plan; and WHEREAS, in order not to further delay distribution of the public and government portions of such access funding, City and SLCUSD have agreed that City may distribute the public and government portions of such funds to the respective nonprofit management entities designated by City for such programming and services, while holding in trust for the benefit of SLCUSD and its constituents, all funds (including interest thereon) dedicated to the provision of education programming and services until such time that SLCUSD can prepare a plan of operation for operational programming as stipulated in the City's Franchise Agreement with Charter Communications; and WHEREAS SLCUSD has requested the City hold on its behalf all funds dedicated to the provision of educational programming and services until such time that SLCUSD can prepare a plan of operation for educational programming as stipulated in the City's franchise agreement with Charter Communications; and WHEREAS the parties seek to enter into this agreement to preserve PEG access funding (E-portion) for SLCUSD's use and allow SLCUSD sufficient time to develop a proper plan of operation. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: SECTION 1. DEVELOPMENT OF PLAN OF OPERATION. SLCUSD shall pursue development of and subsequent approval by the City, a Plan of Operation for the provision of educational programming and services pursuant to Section 5.1 of the Cable Television Franchise Agreement dated April 20, 1995. SECTION 2. HOLDING OF PEG ACCESS FUNDS. City shall hold those monies it receives for PEG access (E-portion) for eventual payment to SLCUSD once SLCUSD commences its Plan of Operation in accordance with a PEG contract between the City and SLCUSD. City shall hold said monies in trust for the benefit of SLCUSD. All interest earned on such funds, whether such funds are separately invested or are held as part of a pooled investment account, shall accrue to the benefit of and be paid to SLCUSD along with the principal amount of PEG education access funds. j C�'6 Attathm entml=- Agreement with SLCUSD for Education Access Television Page 3 SECTION 3. TERM OF AGREEMENT. The term of this Agreement shall be for three (3) years, commencing July 1, 2005, and expiring on June 30, 2008. In the event that City has not approved SLCUSD's plan of operation by said expiration date, or if City has approved such plan and SLCUSD has not commenced implementation of said plan of operation by said date, then City shall continue to hold said PEG education access funds(and accrued interest thereon) in trust for the benefit of SLCUSD; and the parties shall negotiate in good faith amendments to this agreement necessary to enable City to approve, and SLCUSD to implement, an appropriate plan of operation with respect to the expenditure of such funds. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation Gam- By: Audrey Yper,bityberk Mayor David . Romero APPROVED AS TO FORM: SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT JonAthaK P. Lowell, City Attorney Edward T. Valentine, Superintendent i i i I I Attachim. ent 2am- ' oo a Cc, U 00 b o O. 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C'4":�.1�e.N s7ai,•Y •' Hardware Canon X1.21/3 inch 3-CCD Widescreen MiniDV $3,399.00 2 "798.00 798.00 $ 7,392.83 Roller Case bag for Canon X12 Case for Cam $ 325.00 2 $ 650.00 $ 706.88 Canon ZR960 MiniDV Student Camcorder $ 249.00 5 $1,245.00 $ 1353.94 LowPro Edit 100 Camera Shoulder B $ 17.95 5 $ 89.95 $ 97.82 Davis&Sanford Pro Vista Video Tripod with FM 18 $ 199.99 5 $ 999.95 $ 1,087.45 Fluid HeadSupports 18 Ibs Rode Mini Boompole-Compact Microphone Boom Pole $ 129.00 1 $ 129.00 $ 140.29 for Remote Audio Capturing-Length 33-81" SM3-On-Camera Shockmount for shotxun Mics $ 49.95 1 $ 49.95 $ 54.32 i ower 9v LiPlymer for mics $ 26.95 4 $ 107.80 $ 117.23 Extensions for Mics,8& $ 100.00 5 $ 500.00 $ 543.75 Starlite Medium Digital Kit 1 Photo Flex(Light) $ 895.00 1 $ 899.00 $ 977.66 Hea hone/Micro hone Set for Computers $ 10.89 25 $ 272.25 $ 296.07 Extra Hard Drives for Computers $ 150.00 10 $ 1,500.00 $ 1631.25 Comprehensive mini made to mini female cable 10' $ 3.39 5 $ 16.95 $ 18.43 Cords Contribution to Centrally Located Storage Area Network $5,000.00 $ 5,000.00 Textbooks/Teaching Materials Video Communications and Production Textbook by Jim $ 51.00 26 $ 1,020.00 $. 1,109.25 Stinson Filmography DVD Volume l MFR(1162142 1$ 49.95 $ 1.00 $ 49.951S 54.32 Upgrades to Existing Construction&Materials Studio Construction $ .22,243.91 Motion Security Camera $ 200.00 $ 200.00 (Installation Part of construction cost Storage Cabinet lacking-HON Steel Storage Cabinet $ 349.00 1 $ 349.00 $ 379.54 with 5 Adjustable Shelves,713/4"H x 36"W x 241/4" D,Putty Back 10'x 12' Chroma green-Photo Flex $ 99.00 2 $ 198.001$ 215.53 Pearstone SACD-7562 Acrylic Dry Erase Capboard with $ 29.95 4 $ 119.801 $ 13028 Color Sticks Software CS4 Software Upgrade S4,000.00 1 1 $ 4,000.00 $ 4350'00 Sub Total $ 48100.55 Est. $. 11899.45 Shipping 1 Total Yl $ 50 000.00 i i ( i i _ _ _ AM Laguna Middle School (LAMS) PEG Equipment Item - Phase I Cost Each City Sub-Total I w/tax Hardware Panasonic AG-DVC20 3CCD Video Cam $1,409.95 1 $ 1,409.95 $ 1,533.32 Tripods $ 95.95 1 $ 95:95 $ 104.35 Computer w/upgraded video card &TCO 4 years $1,325.00 1 $ 1,325.00 $ 1,440.94 Adjunct Equipment for Cameras $ 125.00 1 $ 125.00 $ 135.94 Azden Wireless Combo Mics $ 825.00 1 $ 825.00 $ 897.19 Software Premiere Elements $ 75.00 1 $ 75.00 $ 81.56 $ 4,193.29 $ 385.59 $ 4,578.88 Item -Phase 11 1 Cost Each I Qty ISub-Total I w/tax Hardware Sony HDR-FX7 Camcorders $ 2,000.00 3 $ 6,000.00 $ 6,495.00 Camcorder Accessories (mattebox, batteries, LCD monitors, mini-DV tapes) $ 2,000.00 2 $ 4,000.00 $ 4,330.00 Sony HDR-HC9 Student Camcorders $ 1,100.00 8 $ 8,800.00 $ 9,526.00 Canon SX110 IS Digital Still Cameras $ 300.00 10 $ 3,000.00 $ 3,247.50 Camera Supports- Bbo en Tripods $ 150.00 20 $ 3,000.00 $ 3,247.50 Computers (Dual hard drive with upgraded video card and TCO for four ears)& 17" monitors $ 1,824.00 15 $27,360.00 $ 29,617.20 Li htin $ 500.00 4 $ 2,000.00 $ 2,165.00 Sound—Shure Mics, Stands, Pream s $ 500.00 4 $ 2,000.00 $ 2,165.00 Studio Rigging-Green Screen w/stands $ 2,800.00 1 $ 2,800.00 $ 3,031.00 Model-Making Supplies Is 500.00 10 $ 5,000.00 $ 5,41.2.50 Contribution to Centrally Located Storage Area Network $ 5,000.00 $ 5,000.00 Software Video Editing Adobe CS4 Master $ 1,000.00 1 $ 2.001 $ 2,000.001 $ 2,165.00 Adobe Premeire/PhontShopElements $ 135.00 1 $ 14.001 $ 1,890.00 $ 2,045.93 Animation (Software Stop Motion Pro, Toon Boom) $ 400.00 1 $ 15.00 $ 6,000.001 $ 6,495.00 Building Upgrades—Classroom to Studio Conversion Electrical $ 2,500.00 $ 2,500.00 Carpentry $ 4,500.00 $ 4,500.00 Carpet and Installation $ 4,500.00 $ 4,500.00 Plumbing $4,000.00 $ 4,000.00 Cabinetry/Windows/Doors $ 2,600.00 $ 2,600.00 Sub Total $ 103,042.63 Est. Shipping $ 7,385.00 Total $ 110,427.63 Phase I included with Elementary Schools and Phase I ' $ 4,578.88 Pacific Beach High School Summary Phase II $ 105,848.75 Total YI $ 110,427.63 Att"W % _l�i�� Los Osos Middle School (LOMS) PEG Equipment Item - _ _ _ _. :Cost. _ NuiYiber_ Subtotal -- wtax_ - _ Hardware Sony HDR-FX7 Camcorders $2,000.00 3 $ 6,000.00 $ 6,495.00 Camcorder Accessories(mattebox,batteries,LCD monitors mini-DV tapes) $2,000.00 2 $ 4,000.00 $ 4,330.00 Sony HDR-HC9 Student Camcorders $1 100.00 8 $ 880000 $ 9,526.00 Canon SX110 IS Digital Still Cameras $ 300.00 10 $ 300000 $ - 3,247.50 Camera Supports-Bbo en Tripods $ 150.00 20 $ 3,000.00 $ 3,247.50 Computers(Dual hard drive with upgraded video card and TCO for four ears)& 17"monitors $1,824.00 15 $27,360.00 $ 29,617.20 Lighting $ 500.00 4 $ 2,000.00 $ 2,165.00 Sound—Shure Mics Stands Preamps $ 500.00 4 $ 2,000.00 $ 2,165.00 Studio Rigging-Green Screen w/stands $2,800.00 1 $ 2,800.00 $ 3,031.00 Model-Makin Supplies $ 500.00 10 $ 5,000.00 $ 5,412.50 Contribution to Centrally Located Storage Area Network $5,000.00 $ 5,000.00 Software Video Editing Adobe CS4 Master $1,000.00 $ 2.00 $ 2,000.00 $ 2,165.00 Adobe Premeire/PhontShopElemenis $ 135.001 $ 14.00 1$ 1,890.001 $ 2,045.93 Animation(Software Stop Motion Pro,Toon Boom) $ 400.001 $ 15.00 1 $ 6,000.001 $ 6,495.00 Building Upgrades—Classroom to Studio Conversion Electrical $2,500.00 $ 2,500.00 Carpentry $450000 $ 450000 Carpet and Installation $4,500.00 $ 4,500.00 Plumbing $4,000.00 $ 4,000.00 Cabinetry/Windows/Doors $2,600.00 $ 2,600.00 Sub Total $ 103 042.63 Est. Shipping $ 7,385.00 Total Y1 $ 110,427.63 San Luis Obispo County Office of Education (SLOCOE) PEG Equipment Estimated Annual Cost for equipment upgrades, installation,and broadcasting software. Total Yl 1 $ 6,000.00 C6 -1� PEG Equipment Bishop's Peak,Hawthorne, Pacheco,Sinsheimer,Smith, Teach,Laguna Middle School,Parc Beach High School, and Baywoog Del Mar,Los Ranchos,Monarch Grove Item Cost umbe Sub-Total IVttax Hardware Panasonic AG-DVC20 3CCD Video Cam $ 1409.95 11M14,575.00 16;866.53 Tripods $ 95.95 11 1,147.80 Computer w video card&TCO 4 ears $ 1,325.00 11 1585031 A junct E i ent for Cameras $ 125.00 11149531Auden Wireless Combo Mics $ 825.00 1I $ 9,869.06 Software Premiere Elements $ 75.00 11 $ 825.00 $ 897.19 Sub Total $ 46,126.20 Estimated Shipping $ 4,241.49 TOTAL $ 50 367.69 Cost per site $ 4,578.88 Check-Out E ai ment. Item Cost Each Qty I Sub-Total w/tax TriCaster Mixer for Events $ 4,450.00 1 $ 4,450.00 $ 4,839.38 Monitor and Cords $ 310.00 1 $ 310.00 $ 337.13 Microphones and Stands $ 330.00 1 $ 330.00 $ 358.88 Panasonic AG-DVC20..3CCD Video Cam $ 1250.00 1 $ 1,250.00 $ I,359.38 Sub Total $ 6,894.77 Estimated Shiripmg 1 $ 634.00 Check-Out Total $ 7,528.77 TOTAL $ 57 896.46 i i i i Attachrnant-3 AGREEMENT BETWEEN CITY OF SAN LUIS OBISPO AND SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR RELEASE OF PEG ACCESS FUNDS (E-PORTION) This Agreement is made this day of 2009, by and between the City of San Luis Obispo, a municipal corporation ("City"), and San Luis Coastal Unified School District ("SLCUSD"), which agree as follows: RECITALS WHEREAS, the City granted a franchise to Charter Communications (City Ordinance No. 1278) on April 20, 1995, to operate a cable television system in the City of San Luis Obispo; and WHEREAS, the Charter franchise provides that certain payments shall be made by Charter for capital equipment and facilities to support the public, educational, and/or government access channels; and WHEREAS, the City desires to provide support for the use of cable television public, educational and government ("PEG') access channels operated pursuant to federal law; and WHEREAS, SLCUSD has indicated its interest in serving the residents of San Luis Obispo by providing educational programming and services, and has demonstrated that it meets the qualifications necessary to provide said programming and services; and WHEREAS, in accordance with its agreement with the City dated July 22, 20051 SCLUSD has submitted and received City approval for its Plan of Operation for the provision of educational programming and services pursuant to Section 5.1 of the Cable Television Franchise Agreement dated April 20, 1995. NOW, THEREFORE, in. consideration of the mutual promises and covenants set forth herein, the parties agree as follows: SECTION 1. SCOPE OF SERVICES. In exchange for the E-portion of PEG access funding provided by the City pursuant to this agreement, SLCUSD shall provide the following services: 1. Provide educational access programming for the citizens of San Luis Obispo in accordance with the terms, conditions and requirements of this Agreement, the cable franchise, local, state and federal law, and any operational or-management policies and regulations adopted by the City Council and/or SLCUSD. 2. Provide training and video production opportunities to the students of SLCUSD in accordance with its approved Plan of Operation. 3. Develop operating policies, procedures, and guidelines for the use of equipment and facilities funded by the E-portion of PEG access funds provided by the City ( 1� - /9 ._� sh� Ape, �nt `� Agreement with SLCUSD for Education Access Television Page 2 and for educational access programming, and file a copy of such policies, procedures, and guidelines with the City. SECTION 2. INDEMNIFICATION. SLCUSD shall indemnify, defend, and hold harmless the City, its officers, agents, and employees and volunteers from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities of any kind, nature or description, including, payment of litigation costs and attorneys' fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or accruing to any person or persons, howsoever the same may be caused, directly or indirectly arising or resulting from any alleged acts or omission of the SLCUSD, its officers, employees, agents or subcontractors arising out of or resulting from the performance of this Agreement. SLCUSD shall indemnify and hold harmless City, its officers, agents, employees and volunteers from and against any and all claims or other injury, including costs of litigation and attorney's fees, arising from or in connection with claims or loss or damage to person or property arising out of the failure to comply with any applicable laws, rules, regulations or other requirements of local, state or federal authorities, for claims of libel, slander, invasions of privacy, or infringement of common law or statutory copyright, for breach of contract of other injury or damage in law or at equity which claims, directly or indirectly, result from SLCUSD use of channels, funds, equipment, facilities or staff granted under this Agreement or the franchise agreement. The City shall indemnify, defend, and hold harmless SLCUSD, its officers, agents and employees from and against any and all claims, losses, liabilities, or damage including payment of reasonable attomeys' fees arising out of or resulting from the performance of this Agreement, caused in whole or part by any act or omission of the City. SECTION 3. COPYRIGHT CLEARANCE. Before cablecasting video transmissions, SLCUSD shall require all users to agree in writing that they shall make all appropriate arrangements to obtain all rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations' representatives, and without limitation from the foregoing, any and all other persons as may be necessary to transmit its or their program material over the PEG access channels that are operated and managed by SLCUSD. SLCUSD shall maintain for the applicable statute of limitations for City's inspection, upon reasonable notice by City and for the term of the applicable statute of limitations, copies of all such user agreements. SECTION 4. COPYRIGHT AND OWNERSHIP. SLCUSD shall own the copyright of any programs which it may produce. Copyright of programming produced by the others, such as teachers and instructors, shall be held by such person(s) who produce(s) said programming. SECTION 5. DISTRIBUTION RIGHTS. 1. SLCUSD shall require that all programs produced with funds, equipment, C6 'ad la 02 Angchmen ta-A. a Agreement with SLCUSD for Education Access Television Page 3 facilities, students or staff granted under this Agreement shall be distributed on the channels whose use is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other distribution (beyond distribution on channels authorized by this Agreement), so long as such other distribution is consistent with any pertinent guidelines established in the PEG access operating policies and procedures. 2. At least at the beginning and end of each day that video programming is cablecast on the PEG access channels whose use is authorized by this Agreement, SLCUSD shall display a credit stating "Partial funding for the operation of this channel is provided by the City of San Luis Obispo." Such credit shall also state that opinions expressed in PEG access programs are the sole responsibility of the program producers. SECTION 6. EQUIPMENT AND FACILITIES. 1. SLCUSD shall be responsible for maintenance of all equipment and facilities purchased with funds provided pursuant to this Agreement. 2. SLCUSD shall own all equipment and personal property acquired by it and purchased with funds received pursuant to this Agreement ("Acquired Property"), except that within thirty (30) days after termination or expiration of this Agreement, SLCUSD shall either(i) return all Acquired Property to City or(ii) retain some or all of the Acquired Property and pay to City an amount equal to the then fair market value of the retained Acquired Property. If any of the retained Acquired Property was purchased by a combination of funds received pursuant to this Agreement and other funds provided by SLCUSD, then the payment to retain said Acquired Property shall be pro rated according to the respective percentages of funds contributed to the purchase. SECTION 7. INSURANCE. SLCUSD shall maintain in full force and effect at all times during the term of this Agreement insurance as required by this Section. The cost of such insurance shall be bome by SLCUSD and may be included in SLCUSD annual budget. 1. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability insurance, including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, and comprehensive automobile liability including owned, hired, and non-owned automobile coverage. The limits of such coverage shall be: (1) bodily injury including death, $1,000,000 for each person, each occurrence and aggregate; (2) property damage, $1,000,000 for each occurrence and aggregate. 2. EQUIPMENT INSURANCE. Insurance shall be maintained on all equipment and facilities, including fixtures, funded in whole or in part under this Agreement to replacement cost. The insurance shall include, at a minimum, insurance against loss or damage beyond the user's control, theft, fire or natural catastrophe. City shall be shown as lien holder on all policies. 3. WORKERS'COMPENSATION. Full Workers' Compensation Insurance and c6-ai Aft, ,liment- Agreement with SLCUSD for Education Access Television Page 4 Employer's Liability with limits as required by(State) law with an insurance carver satisfactory to the City. 4. CABLECASTER'S ERRORS AND OMISSION INSURANCE. Insurance shall be maintained to cover the content of productions which are cablecast on the access channel in,at minimum, the following areas: libel and slander; copyright or trademark infringement; infliction of emotional distress, invasion of privacy; plagiarism; misuse of musical or literary materials. This policy shall not be required to cover individual access producers. 5. CITYAS CO-INSURED OR ADDITIONAL INSURED. The City shall be named as a co-insured or additional insured on all aforementioned insurance coverages. The policies shall provide that no cancellation, major change in coverage or expiration may be affected by the insurance company or SLCUSD without first giving the City thirty (30) days written notice prior to the effective date of such cancellation or change in coverage. Any insurance or self-insurance maintained by the City, its officers, agents, employees, or volunteers shall be in excess of the SLCUSD insurance and shall not contribute to it. 6. NOTIFICATION OF COVERAGE. SLCUSD shall file with the City proof of insurance coverage as follows: (1) Comprehensive Liability and Workers' Compensation; (2) equipment insurance Upon the acquisition of any equipment; (3) cablecaster's error and omission insurance within thirty (30) days of the commencement of cablecasting of programming on the designated access channel. SECTION 8. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICE. SLCUSD shall not discriminate against any person, employee or applicant for employment or subcontractor on the basis of race, color, creed, religion, sex, sexual preference, marital status, ancestry, national origin or physical or mental handicap. Grantee shall not discriminate in the delivery of services on the basis on race, color, creed, religion, sex, sexual preference, marital status, an ancestry, national origin or physical or mental handicap. SECTION 9. INDEPENDENT CONTRACTOR. It is understood and agreed that SLCUSD is an independent contractor and that no relationship of principal/agent or employer/employee exists between the City and SLCUSD. If in the performance of this Agreement any third persons are employed by SLCUSD, such persons shall be entirely and exclusively under the control, direction and supervision of SLCUSD. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment shall be determined by SLCUSD and the City shall have no right or authority over such persons or terms of employment. SECTION 10._ASSIGNMENT AND SUBLETTING. Neither this Agreement nor any interest herein shall be assigned or transferred by SLCUSD, except as expressly authorized in writing by City. SECTION 11. ANNUAL REPORTS. Prior to January 1 of each year, SLCUSD shall submit to City an annual report for the preceding fiscal year (July 1 —June 30). 06-C),=�- I Attacbment.- Agreement with SLCUSD for Education Access Television Page 5 This report shall contain, at a minimum, a written narrative describing the manner in which the Plan of Operation was fulfilled during the prior year, a list of equipment purchased by the E-portion of public access funds, and a list of proposed equipment to be purchased in the upcoming fiscal year. SECTION 12. RECORDS, FISCAL AUDIT. 1. SLCUSD shall maintain all necessary books and records of the receipt, disbursement and use of funds received under this Agreement in accordance with generally accepted accounting principles. These transactions shall be included in the scope of the annual audit performed by SLCUSD. 2. Upon reasonable request from City, SLCUSD shall, at anytime during normal business hours, make available all of its records with respect to all matters covered by this Agreement. SECTION 13. FUNDING AND OTHER RESOURCES. The City agrees to release to SLCUSD one-third of all PEG access funds that it receives from Charter Communications for PEG access equipment and facilities purposes within 60 days after those funds are received. SLCUSD shall spend funds received from the City solely for the purposes listed in its approved Plan of Operation and for the purposes delineated in this Agreement. The initial transfer of the E-portion of PEG access funds that have been accruing in an account set aside by the City for SLCUSD shall be executed within sixty (60) days following execution of this Agreement and upon written notice by SLCUSD to the City requesting the funds. Upon termination of this Agreement, the E- portion of PEG access funds received by the City that have not been expended or committed via written contract by SLCUSD shall be returned to the City within 60 days. SECTION 14..TERM OF AGREEMENT. This Agreement shall be for a period of three (3) years commencing on and ending on unless terminated earlier, as provided in this Agreement. This Agreement may be extended, by mutual agreement of the City and SLCUSD, in writing, for two additional periods of three (3) years each. SECTION 15. TERMINATION OF AGREEMENT: TRANSFER OF ASSETS. The City shall have the right upon one hundred twenty (120) days written notice to SLCUSD to terminate this Agreement for. 1. Breach of any provision of this Agreement by SLCUSD. 2. Malfeasance, misfeasance, misappropriation of public funds. 3. SLCUSD may avoid termination by curing any such breach to the satisfaction of the City within one hundred twenty (120) days of notification or within a time frame agreed to by the City and SLCUSD. The City may also terminate this Agreement at the expiration of its term, or any extension thereof. SECTION 16. TIME. Time is of the essence in this Agreement and for the C6 -03 Agreement with SLCUSD for Education Access Television Page 6 performance of all covenants and conditions of this Agreement. SECTION 17. COOPERATION. Each party agrees to execute all documents and do all things necessary and appropriate to cant' out the provisions of this Agreement. SECTION 18. APPLICABLE LAW. This Agreement shall be interpreted and enforced under the laws of the State of California. SECTION 19. NOTICES. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: City of San Luis Obispo City Clerk's Office 990 Palm Street San Luis Obispo, CA 93401 San Luis Coastal Unified School District Assistant Superintendent of Educational Services 1500 Lizzie Street San Luis Obispo, CA 93401 Any party may change its address for notice by written notice to the other party at any time. SECTION 20. ENTIRE.AGREEMENT. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to this Agreement shall be valid. �b a� Agreement with SLCUSD for Education Access Television Page 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation By:. Elaina Cano, Interim City Clerk Mayor David F. Romero APPROVED AS TO FORM: SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT By: P. Lowell, City Attorney Edward T. Valentine, Superintendent \\chstore2\Everyone\City Clerk\03-09-09 Version SLCUSD PEG Agreement.doc �6 a�