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HomeMy WebLinkAboutContracts & Agreements_100-2001AGREEMENT FOR PROVISION OF LOCAL ORIGINATED PROGRAMMING ON CITY GOVERNMENTAL ACCESS CABLE TELEVISION CHANNEL RECITALS WHEREAS, the City of Redlands (the "City") presently operates a governmental access channel as part of its local cable television franchise; and WHEREAS, as part of its public service mission to offer relevant infoiiiiational and educational television programming to the public in the greater San Bernardino Valley area, California State University, San Bernardino (the "University") has requested the City to allow the University to provide the public with locally originated programming focusing on regional interests and concerns via the City's governmental access channel; and WHEREAS, the City and the University desire to enter into this Agreement whereby the University will direct and coordinate the production and transmission of local governmental access programming, including, but not limited to, business, community, cultural and news programs as well as educational courses and distance learning, which will be appropriate for, and comply with the City's rules, as they may be adopted and amended from time to time, governing cablecasting on the City's governmental access channel; NOW, THEREFORE, in consideration of the mutual promises contained herein, the California State University, San Bernardino and the City of Redlands agree as follows: AGREEMENT 1. University use of City Governmental Access Channel. A. The City shall make available to the University designated and mutually agreed - upon time slots on the City's governmental access channel for government -sponsored proeramrning produced for regional viewership by the University. For purposes of this Agreement, "Governmental Access Channel" means a channel available for use by municipal and state government. Nothing in this Agreement shall be interpreted to mean that the City has established a "public access channel" which would be available for use by members of the general public on a first -come, first -served non -discretionary basis. B. The designated and mutually agreed to time slots, typically Monday through Sunday from 7-11 p.m., will enable viewers of the City's governmental access channel to have access to the same programming being offered by the University to other regional viewers virtually at the same time, except when, in the City's discretion, local City programming will take precedence over University programming. The University's efforts to coordinate local programming over several lAclim \Agreements 00651140U.wpd cities' cable television channels on a regional basis for the greater San Bernardino Valley community is hereinafter referred to as the University's "Network." C. The City shall make time slots available at no cost to the University; provided, however, the City shall incur no costs related thereto, and the time slots shall be only made available to the extent the City determines that its governmental access channel is available. 2. Termination. A. The City and the University, each, shall have the right to terminate this Agreement at any time, and in either party's sole and absolute discretion, provided thirty (30) days prior written notice of the intention to terminate is first given to the other party. 3. Network Advisory Board. The University shall create an advisory board to provide advice to the University on the development and implementation of its Network programming. The advisory board shall consist of one representative from each city which enters into an agreement similar to this Agreement entered into by the City. 4. Costs for Network Programming. A. The University shall be solely responsible for all costs it incurs for the administration of its budget, the direction and coordination of its personnel, the purchasing and maintenance of equipment and facilities, and other operations deemed reasonable or necessary by the University to produce and transmit its programs on the Network, and on the City's governmental access channel. B. All personnel employed by the University to perform its obligations under this Agreement are for its account only, and in no event shall any personnel retained by the University be deemed to have been employed by the City, or engaged by the City for the account of or in behalf of the City. 5. Defense and Indemnity. A. The University shall defend, indemnify and hold harmless the City, its elected officials, officers, employees and agents from and against any and all claims, losses, damages, causes of action and liability, of whatever kind and nature, arising from or resulting in connection with, any intentional wrongful or negligent acts or omissions of the University, or its elected officials, officers, employees and agents in connection with the performance of their obligations under this Agreement. B. The City shall defend, indemnify and hold harmless the University, its elected officials, officers, employees and agents from and against any and all claims, losses, damages, causes of action and liability, of whatever kind and nature, arising from or resulting in connection with, any intentional wrongful or negligent acts or omissions of the City, or its elected officials, officers, employees and agents in connection with the performance of their obligations under this Agreement. 6. Modification of Agreement. This Agreement may be amended only by written I:\djrmNgreements 65 OU.wpd 2 agreement executed by the parties hereto. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California 8. Assignment. The University shall not assign this Agreement without the prior written consent of the City and any assignment or attempted assignment without such written consent shall be null and void and at the discretion of the City result in the immediate termination of the Agreement. 9. Entire Agreement. This Agreement represents the entire agreement of the City and the University as to the matters contained herein, and any prior negotiations, proposals or verbal agreements are superseded by this Agreement. CALIFORNIA STATE UNIVERSITY SAN BERNARDINO By: Albert K. Karnig, Presiden Attest: -Nisiv-\ Li Secretary Date: lAdinMgreernents\5065MOU. CITY OF REDLANDS By: Pat Gilbreath, Mayor Attest: Date: July 3, 2001