HomeMy WebLinkAbout23-Telecommunications
C!.TY OF SAN BERN~DINO - REQUEST ,QR COUNCIL ACTION
. ..
\
Q" Fred Wilson
: g Director of Telecorrmunications
Subject: Resolution authorizing and agreement with
Mind Extension university to provide educational
prograrmning.
Date: 2/27/92
Synopsis of Previous Council action:
Racommended motion:
o
Adopt Resolution.
tuLs.,,,,,.
Contact person: Fred Wilson
Supporting data atteched: YES
Phone: 384-5147
Ward:
N/A
FUNDING REQUIREMENTS:
Amount: $600.00
Source: (Acct. No.!
772-105-24622
(Acct. Description)
CATV Leased Access
Finance: d....l, J(l,...
-
Oil Notes:
^......_....I... 1...._ IU_ !:) ~
CITY OF SAN BERNCtDINO - REQUEST FQI COUNCIL ACTION
o
STAFF REPORT
Effective last fall, the City acquired two additional access channels on the
Comcast cable system. The Corm1unity Cable Television Colmtission designated
channel 48 as the Educational Access channel and channel 49 as the Public
Access channel.
The initial cable subscriber survey in 1987 indicated that residents wanted
local news, educational and government prograJlllling. Staff investigated
educational prograJlllling options and suggested to the COIlII1ission that Mind
Extension University (MEU) most closely met the objective of providing a
wide variety of educational prograJlllling at no or low cost. (See index
attached. )
MEU off-satellite prograJlllling is provided seven days/week, 24 hours/day. The
service includes undergraduate, graduate and post graduate courses, ranging
from a masters in business administration to arts and entertainment classes.
Also available are General Equivalency Diploma, Scholastic Aptitude Test,
and secondary education courses. MEU affiliates include 20 universities
(e.g., UC-Santa Barbara and California State-Long Beach), and 10
universities which offer accredited degree programs. The prograJlllling is open
and free to viewers, unless they decide to register for credit coursework.
o
Staff has been negotiating with MEU since last fall to cqne to terms on a
three-year agreement. The COIImunity Cable Television Coomission has taken
an active role in this process and has recOllll1ended adoption of the agreement
by the Mayor and Comnon Council.
Comcast Cablevision has agreed to provide a satellite receiver at no cost to
receive prograJlllling. The only cost to the City will be a one-time equipment
purchase of approximately $600 to translate off-satellite signal onto
channel 48.
It should be noted that Chant>ers subscribers will not be able to view this
prograJlllling until such time that their system rebuild is conpleted. Chant>ers
indicates that may occur by fall of 1992.
o
75-0264
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3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
XECUTION OF AN AGREEMENT WITH MIND EXTENSION UNIVERSITY TO PROVIDE
4 DUCATIONAL PROGRAMMING ON THE CITY'S EDUCATIONAL ACCESS CHANNEL.
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eferenced agreement is rescinded if the parties to the agreement
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RESOLUTION NO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
AN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
ereby authorized and directed to execute on behalf of said City an
greement with Mind Extension University to provide educational
rogramming on the city's Educational Access Channel, a copy of
hich is attached hereto, marked Exhibit "A" and incorporated
erein by reference as fully as though set forth at length.
SECTION 2.
The authorization to execute the above-
ail to execute it within sixty (60) days of the passage of this
esolution.
I HEREBY CERTIFY that the foregoing resolution was duly
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dopted by the Mayor and Common Council of the city of San
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rnardino at a
meeting thereof, held on the
day of
, 1992, by the following vote, to wit:
I I I I I I
I I I I I I
I I I I I I
I I I I I I
I I I I I I
I I I I I I
I I I I I I
IIIIII
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SOLUTION AUTHORIZING AGREEMENT WITH MIND EXTENSION UNIVERSITY TO
OVIDE EDUCATIONAL PROGRAMMING ON THE CITY'S EDUCATIONAL ACCESS
EL.
AXES.
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ABSTAIN
ABSENT
ILLY
RNANDEZ
UDSLEY
PE-LUDLAM
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City Clerk
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14 he foregoing resolution is hereby approved this
, 1992.
day of
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W.R. Holcomb, Mayor
City of San Bernardino
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19 pproved as to form
nd legal content:
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AMES F. PENMAN
i ty Attornc:x .J
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AFFILIATE AGREEMENT
THIS AGREEMENT, made and entered into between the CITY OF
SAN BERNARDINO ("CITY") and MIND EXTENSION UNIVERSITY, INC.
("ME/U") as fol.l.ows:
1. GRANT OF LICENSE
Subject to the terms and conditions of this agreement, ME/U
hereby grants to CITY a non-exclusive license to distribute the
"Mind Extension University" service ("Service") within the
Operating Area (as defined herein) of any cable or satell! te
master antenna television system ( s) on which CITY is authorized to
distribute educational programming as listed on the attached
Exhibit "A", as such list may be amended from time to time (The
"Cable System( s)") by mutual agreement of ME/U and CITY. CITY
shall give written notice to ME/U within thirty (30) days of the
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date CITY desires to add a Cable System to Exhibit A.
2. TERM
(a) The term of this Agreement shall commence on
, 1992, and terminate three (3) years thereafter or, if
later, the end of the then current ME/U academic semester. This
agreement shall. automatically renew for successive one-year terms
unless either party gives written notice of termination at least
forty-five (45) days prior to the expiration of the then current
term.
(b) Except as otherwise provided herein, neither CITY nor
ME/U may terminate this Agreement except upon sixty (60) days
prior written notice and then only if the other has made a
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material misrepresentation herein or breaches any of its material
obligations hereunder and such misrepresentation or breach (which
shall be specified in such notice) is not or cannot be cured
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February 25, 1992
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wi thin thirty (30) days of such notice; provided, however, that in
no event shall any such termination be effective prior to the
expiration of the then current ME/U academic semester.
3. CONTENT OF SERVICE
ME/U shall have the exclusive authority to determine the
content and format of the Service and the selection, scheduling,
substi tution and withdrawal of any program or advertisement.
Except as provided on Exhibit B, CITY shall distribute the Service
without addition, deletion, alteration, editing or amendment,
including any copyright notices, credits and similar notices,
trademarks or trade names contained therein.
4. RATES AND PAYMENTS
The Service shall initially be provided to CITY without
charge. ME/U shall have the right at any time to give written
notice to CITY (the "Notice Date"), that ME/U will impose a charge
for the Service, or will modify any charge previously imposed (a
"Fee Notice"). No imposition of or increase in the charge for the
Service shall take effect prior to ninety (90) days after the
Notice Date. CITY shall have the right to terminate this
Agreement by giving written notice to ME/U within sixty (60) days
after the receipt of a Fee Notice; provided, however, that such
termination shall not take effect prior to the later of ninety
(90) days after the Notice Date or the end of the ME/U academic
semester in which the CITY ha~ given notice of termination; and
provided, further, however, that if CITY gives such notice of
termination, ME/U may, at its sole option, elect to rescind such
imposition of or increase in the charge for the Service by written
notice given to CITY prior to the effective date of such
CATV-ME/U.Agr 2 February 25, 1992
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termination and, in the event of such rescission, such proposed
imposition of or increase in the charge for the Service shall not
become effective and this Agreement shall remain in full force and
effect in accordance with its terms. _Each Fee Notice given by
MEjU to CITY shall be attached to and become a part of this
Agreement.
5. DELIVERY AND DISTRIBUTION
(a) During the term of this Agreement, CITY shall provide
for the delivery of the Service via a channel dedicated for
educational, governmental or community access on each of the Cable
Systems or such other channel as may be agreed upon by the
parties, and shall assure that each of the Cable systems shall,
commencing with each such Cable Systems' first date of carriage of
the Service as listed on Exhibit "A" ("Launch Date"), offer the
Service in accordance with the Cable Systems franchise, permit or
lease pursuant to which CITY is authorized to deliver the Service.
CITY shall designate one (1) channel on each Cable system for the
carriage of the Service prior to the commencement of the delivery
of the Service on such Cable System, and such channel designation
shall not be changed except upon at least four (4) months prior
written notice to MEjU. CITY shall not delete any Cable system
from Exhibit "A" during an MEjU academic semester.
(b) CITY shall use its best efforts to cause each System
Operator to (i) deliver the Service at the hours it is initially
transmitted by MEjU and (ii) cooperate with MEjU in delivering the
Service to subscribers in the event that any Cable system
experiences a technical failure, in the event of failure of all of
any part of the domestic communications satellite on which the
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Service is delivered, or in the event CITY or ME/U is prevented
for any reason beyond the reasonable control of CITY or ME/U from
fulfilling its obligations hereunder. CITY shan notify ME/U
immediately of any failure or inability on the part of any Cable
System to receive the Service or deliver the service to
subscribers.
(c) ME/U transmits the Service by means of domestic
communications satellite Galaxy Ill, Transponder 11. ME/U will
notify CITY of any change in satellite not less than thirty (30)
days prior to the scheduled change. In the event of any change,
CITY agrees to make such arrangements as may be necessary to
receive the signal from the new satellite. However, if any change
in transmission of signal requires new or additional receiving or
redistribution equipment, and ME/U does not agree to pay for such
additional or new equipment, CITY will be entitled to terminate
this Agreement.
(d) Subject to such restrictions as may be imposed by
applicable laws, CITY may copy, tape or otherwise reproduce any
part of the Service with ME/U's prior written authorization. ME/U
shall endeavor to advise CITY of copyright, literary and dramatic
rights of, and restrictions and limitations imposed by, program
originators (including but not limited to ME/U) affecting the
distribution of the Service, as they exist from time to time
("Intellectual Property Rights and Requirements"). As between the
parties to this Agreement, CITY shall be solely responsible for
compliance with any and an Intenectual Property Rights and
Requirement and shall take reasonable and practical security
measures to prevent any unauthorized use and distribution of the
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Service by itself and others. CITY shall not distribute or
exhibit, and shall not authorize, license or permit the
distribution or exhibition of the Service by others or by any
means or device whether now known or hereafter devised other than
in accordance with the terms of this Agreement through the Cable
System(s) now or hereafter listed in Exhibit "A" hereto.
6. PROMOTION AND RESEARCH
CITY shall cooperate with ME/U in the promotion and
marketing of the Service to subscribers and to the general public
within the Operating Area(s) of the Cable Systems, providing this
is at no cost to CITY.
7. TRADEMARKS
All right, title and interest in and to the Service, and all
materials, ideas, formats and concepts, computer software or other
rights of whatever nature related thereto shall remain the
property of ME/U. CITY acknowledges and agrees that all names,
logos, marks, copyright notices or designations utilized by ME/U
in connection with the Service (the "Marks") are the sole and
exclusive property of ME/U and/or its affiliates, and no rights or
ownership are intended to be or shall be transferred to CITY.
8. REPRESENTATIONS AND COVENANTS
(a) ME/U represents and warrants to CITY that:
i) It is a COrPOration duly organized and
validly existing under the laws of the State of Colorado;
ii) ME/U has the corporate power and authority to
enter into this Agreement and to fully perform its obligations
hereunder;
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iii) ME/U is under no contractual or other
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February 25, 1992
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obligation which in any way interferes with its ability to fully,
promptly and completely perform hereunder; and
iv} Nothing contained in the Service shall
violate the civil or property rights, copyrights, trademark rights
or right to privacy of any person, firm or corporation except that
no representation and warranty is given with respect to music
performance rights.
(b) CITY represents and warrants to ME/U that:
i) CITY is a municipal corporation and a charter
city duly organized and validly existing under the laws of the
State of California;
ii} CITY has all requisite power and authority to
enter into this Agreement and to fully perform its obligations
hereunder, including all requisite authority to distribute the
Service on the channels designated; and
iii} CITY is under no contractual or other legal
obligation which in any way interferes with its ability to fully,
promptly and completely perform hereunder. CITY has provided to
ME/U copies of the provisions of each applicable Cable System
franchise, license or permit under the authority of which CITY
intends to distribute the Service, and such provisions are
attached hereto as Exhibit "C".
iv} To the extent that CITY provides any
programming on the same channel as the Service is carried, nothing
contained in such programming shall violate the civil or property
rights, copyrights, trademark rights or right of privacy of any
person, firm or corporation except that no representation and
warranty is given with respect to music performance rights.
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(c) CITY and ME/U shall each indemnify and forever hold
harmless the other, the other's affiliates and their respective
officers, directors, employees and agents from all liabilities,
claims, damages and expenses (including reasonable attorney fees)
arising out of any breach or claimed breach or claimed breach by
it of any representation or obligation hereunder, including any
violation by either party of any intellectual Property Rights and
Requirements.
9. FORCE MAJEURE
Neither party hereto shall be liable to the other for the
failure to fulfill its obligations hereunder (other than the
obligation to make all payments when due hereunder) to the extent
such failure is caused by or arises out of an act of God, war,
governmental rule or regulation, strike, riot labor dispute,
national disaster, technical failure (including the failure of all
or part of the domestic communications satellite on which the
Service is delivered), or any other reason beyond the reasonable
control of such party.
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10. GENERAL
(a) This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their successors and assigns
but may not be assigned by CITY without the prior written consent
of ME/U.
(b) All notices, statements and other communications given
hereunder shall be in writing and shall be delivered by fax,
personal delivery or by mailing the same by certified mail, return
receipt requested, or by next day express delivery, addressed:
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ME/U
9697 East Mineral Avenue
Englewood, Colorado 80112
ATTN: Group Vice President
Phone: (303) 792-3111
FAX: (303) 792-5808
CITY OF SAN BERNARDINO
300 North "0" Street
San Bernardino, CA 92418
ATTN: Shauna Clark
Phone: (714) 384-5122
FAX: (714) 384-5461
The date of such personal delivery or fax, or the next day if by
express delivery, or the date three (3) days after mailing, shall
be deemed the date on which such notice is effective.
(c) Nothing contained herein shall be deemed to create, and
the parties do not intend to create, any relationship of partners
or joint ventures as between CITY and ME/U. Neither CITY nor ME/U
shall be or hold itself out as the agent of the other under this
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Agreement.
(d) ME/U reserves the right to terminate this Agreement at
any time upon sixty (60) days prior written notice~ provided,
however, that ME/U shall not terminate this Agreement during an
ME/U academic semester~ and provided further, however, that any
such termination shall be in connection with the termination, sale
or other disposition of a majority of ME/U's other educational
affiliate agreements.
(e) CITY reserves the right to terminate this Agreement at
any time upon sixty (60) days prior written notice~ provided,
however that CITY shall not terminate this Agreement during an
ME/U academic semester~ and provided further, however, that any
such-termination shall be only in the event of non-appropriation
of funds to the Telecommunications Division of the CITY or in the
event that CITY no longer controls the
channel on which the
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Service is distributed in any relevant Cable System.
(f) For purpose of this Agreement, "System Operator" shall
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mean the operator of any Cable System, and "Operating Area" shall
mean the geographical area in which a System Operator is
authorized to construct, operate, manage or maintain a cable
television or satellite master antenna system by appropriate
governmental authority.
(g) The provisions of this Agreement are not intended to be
for the benefit of any third party (including without limitation
any System Operator or Cable System subscriber), and no third
party (including without limitation any system Operator or Cable
System subscriber), shall be deemed to have priority of contract
with either of the parties hereto by virtue of this Agreement or
the delivery of the Service.
(h) A waiver by either party of any term or condition of
this Agreement in anyone instance shall not be deemed or
construed as a continuing waiver or a waiver of any subsequent
breach thereof. This Agreement sets forth the entire
understanding of the parties with respect to the subject matter
hereof and supersedes all prior understandings and agreements oral
or written, between the parties hereto. This Agreement may not be
modified except in writing executed by both parties hereto.
(i) This Agreement and all collateral matters shall be
construed in accordance with the internal laws of the State of
California applicable to agreements fully made and to be performed
therein, irrespective of the place of actual execution.
(j) This Agreement is subject to all current and future
applicable federal and state laws and regulations and the current
provisions of the charter, ordinances and resolutions of the CITY.
The invalidi ty or unenforceabili ty of any provision of this
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Agreement shall in no way affect the validity or enforceability of
other provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have entered into this
Agreement as of
, 1992.
W.R. HOLCOMB, Mayor
CITY OF SAN BERNARDINO
Group Vice-President
MIND EXTENSION UNIVERSITY
ATTEST:
RACHEL KRASNEY, CITY Clerk
Approved as to form
and Legal Content
Approved as to form
and Legal Content
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JAMES F. PENMAN
Ci ty torney
By: _ J.k~L
C
ELIZABETH M. STEELE
Attorney at Law
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February 25, 1992
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EXHI:BI:T A
(Grant of License)
FRANCHI:SE SYSTEM(S) BASI:C LAUNCH CHANNEL
AREA(S) NAME SUBSCRI:BERS DATE POSI:TI:ON
City of San Comcast 21,571* 2/1/92 48
Bernardino
* I:n City; 37,071 in system.
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February 25, 1992
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EXHIBIT B
CITY shall initially distribute the Service on a full time
basis, 24 hours a day, seven days a week, reserving for itself the
use of the hour between 5 and six p.m., Monday through Friday of
each week. CITY reserves the rights to review the extent of its
carriage of the Service on a semester basis and shall be entitled
to notify ME/U that it desires to reduce the number of hours that
it is distributing ME/u; provided, however, that any decision to
reduce the number of hours that ME/U is distributed may only be
implemented at the end of any then current ME/U academic semester;
and provided further, however, that CITY may not reduce its
carriage of the Service to less than eight (8) hours per day at
any time during the term of this Agreement. It is further agreed
that any programming inserted by CITY on the same channel as the
Service is carried shall be of an educational, cul tural or
informational character.
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February 25, 1992
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EXHIBIT .C.
Resolution No. 86-374: ~olution of the City of San Be~dino concerning the transfer
o.f the cable television system franchise from Group IV Ca~e, Inc. to Comcast
Cablevision Corporation of California. (adopted 9/24/86)
WHEREAS, provided that such analysis demonstrates to Comeast that
such expansion in channel capacity is economically, technically and
financially feasible, comeast will commit funds for such channel
capacity expansion to be completed no later than early 1993, and
WHEREAS, Comcast will design for expansion of channel capacity to
450 MHz (54 channels), however, Comeast may find tha~a phased-in
expansion of channel capacity over time is a more feasible approach.
This means that cOmeast may upgrade the plant to 300 MHz (36
channels) initially, then expand to 360 MHz (42 channels), or 450 MHz
(54 channels), as warranted, and
WHEREAS, within twelve (12) months of the date of this
resolution,Comeast will install and maintain a program origination I
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insertion point at City Hall, installation shall include labor,
materials and equipment, and will provide to the City the production
equipment listed on "Exhibit A" of this Resolution, and Comcast will
activate and maintain the program origination/insertion point located
at the San Bernardino Library (6th and E Streets), and
WHEREAS, comeast, upon reaching at least 36 channels of its
channel capacity expansion and system upgrading project, has agreed
to provide, in accordance with Section 611 of the Cable
communications Policy Act of 1984, and in Section 14.08.030 of the
San Bernardino Municipal Code, at least one channel without charge
for the exclusive use of the City, one channel for educational uses
and one channel for public access uses, provided however, that
comoast shall continue to provide one channel dedicated for Public,
~ Educational and Government Access, regardless of the cable system's
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channel capacity, and
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