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