Loading...
HomeMy WebLinkAboutA107s PEG Agmt SLCUSDAGREEMENT BETWEEN CITY OF SAN LUIS OBISP O AND SAN LUIS COASTAL UNIFIED SCHOOL DISTRIC T FOR USE OF PEG ACCESS FUNDS (E-PORTION ) This Agreement is made this o?d ^day of the City of San Luis Obispo, a municipal corporatio n Unified School District ("SLCUSD"),who agree as follows : RECITALS WHEREAS 'the City desires to provide support for the use of cable televisio n public,education,and government ("PEG") access channels operated pursuant t o federal law;and WHEREAS the City has granted a franchise to Charter Communications to operate a cable television system in the City ; an d WHEREAS Ordinance No . 1278 (1993 Series)and the Cable Televisio n Franchise Agreement dated April 20, 1995, indicates that the City may designate nonprofit access management entity(ies) to operate and administer the PEG acces s facilities, services and programming ;an d WHEREAS said franchise agreement with Charter Communications provides tha t certain channel capacity be made available for PEG `access ; an d WHEREAS the franchise agreement with Charter Communications provides tha t certain initial and ongoing payments shall be made by Charter Communications for PE G access capital equipment and facilities ; an d WHEREAS the franchise agreement with Charter Communications provides tha t certain payments and in-kind services shall be provided by Charter Communications to support the operations of the PEG access facilities,equipment and channels ; an d WHEREAS the Franchise Agreement with Charter Communications provides tha t plans of operation for PEG access must be developed and approved by City before an y funds dedicated to the provision of PEG access facilities, services, and programmin g may be released to the nonprofit management entities designated by City to provid e such services ;an d WHEREAS plans of operation for the public and government portions of PE G access have been developed and approved by City ; and Agreement with SLCUSDforEducation Access Televisio n WHEREAS SLCUSD,as the nonprofit management entity designated by City fo r the education programming and services portion of PEG access, has not yet had a n opportunity to prepare such an operational plan ; an d WHEREAS,in order not to further delay distribution of the public and governmen t portions of such access funding, City and SLCUSD have agreed that City may distribut e the public and government portions of such funds to the respective nonprofi t management entities designated by City for such programming and services, whil e holding jn trust for the benefit of SLCUSD and its constituents, all funds (includin g interest thereon) dedicated to the provision of education programming and services unti l such time that SLCUSD can prepare a plan of operation for operational programming a s stipulated in the City's Franchise Agreement with Charter Communications ; an d WHEREAS SLCUSD has requested the City hold on its behalf all fund s dedicated to the provision of educational programming and services until such time tha t SLCUSD can prepare a plan of operation for educational programming as stipulated i n the City's franchise agreement with Charter Communications ; an d WHEREAS the parties seek to enter into this agreement to preserve PEG acces s 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 se t forth herein, the parties agree as follows : SECTION 1 . DEVELOPMENT OF PLAN OF OPERATION .SLCUSD shal l pursue development of and subsequent approval by the City,a Plan of Operation for th e provision of educational programming and services pursuant to Section 5 .1 of the Cabl e 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 onc e SLCUSD commences its Plan of Operation in accordance with a PEG contract betwee n 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 ar e held as part of a pooled investment account, shall accrue to the benefit of and be pai d to SLCUSD along with the principal amount of PEG education access funds . Agreement with SLCUSD for Education Access Television Page 3 SECTION 3 . TERM OF AGREEMENT .The term of this Agreement shall be fo r three (3) years, commencing July 1, 2005,and expiring on June 30, 2008 . In the even t that City has not approved SLCUSD's plan of operation by said expiration date, or if Cit y has approved such plan and SLCUSD has not commenced implementation of said pla n of operation by said date, then City shall continue to hold said PEG education acces s funds (and accrued interest thereon) in trust for the benefit of SLCUSD ; and the partie s shall negotiate in good faith amendments to this agreement necessary to enable City t o 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 th e date written above . ATTEST:CITY OF SAN LUIS OBISPO , A Municipal Corporatio n By : er, City' lerk Mayor David E . Romero APPROVED AS TO FORM :SAN LUIS COASTA L UNIFIED SCHOOL DISTRICT Jon P . Lowell, City Attorney By :Por i ,l /_Fr 4 A Edward T . Valentine, Superintendent