Mission Statement:
"To provide equipment, expertise, support, training, and services to the faculty, students, and staff in their pursuit of education through traditional and alternative methods of delivery."
Mission Statement:
"To provide equipment, expertise, support, training, and services to the faculty, students, and staff in their pursuit of education through traditional and alternative methods of delivery."
COMMUNITY ACCESS CHANNEL(S) AGREEMENT
(BUTTE COMMUNITY COLLEGE DISTRICT - CITY OF CHICO)
THIS AGREEMENT entered into this 1st day July 1998, by and between Butte Community College District (hereafter referred to as "College") and the City of Chico (hereafter referred to as "City").
WHEREAS, City has granted a nonexclusive Franchise to State TV Cable for providing cable television services to subscribers residing within City's corporate limits, which Franchise requires such subscribers to be able to receive Public, Educational, Governmental (PEG) programming over a community access channel(s); and
WHEREAS, such franchise has subsequently been transferred to Chambers Cable of Southern Cal., Inc. (hereafter referred to as "Chambers Cable"); and
WHEREAS, it is the intent of City to insure that the community access channel(s) be managed in the best public interest and that it shall be free of censorship, open to all residents, and available to all forms of public expression, community information, and debate of public issues; and
WHEREAS, College owns and is licensed to operate an Instructional Television Fixed Service (ITFS) transmitting facility which channel(s) can conveniently serve as the headend and feed City's community access channel(s).
NOW THEREFORE, the City and College agree as follows:
WITNESSETH:
This Agreement is divided into the following sections:
| SECTION 1 | ORGANIZATION AND CONTENTS |
| SECTION 2 | DEFINITIONS |
| 2.1 - COMMUNITY ACCESS | |
| 2.2- COMMUNITY ACCESS FACILITY | |
| 2.3 - EDUCATIONAL ACCESS USER | |
| 2.4 - FRANCHISE | |
| 2.5- GOVERNMENTAL ACCESS USER | |
| 2.6 - ITFS SYSTEM | |
| 2.7- PEG | |
| 2.8- PUBLIC ACCESS USER | |
| 2.9- SERVICE AREA | |
| SECTION 3- | OBLIGATIONS OF CHAMBERS CABLE |
| SECTION 4- | OBLIGATIONS OF COLLEGE |
| SECTION 5- | OBLIGATIONS OF CITY |
| SECTION 6 | FUNDING |
| 6.1 - FOR COMMUNITY ACCESS CHANNEL(S) (EXCLUDING CHICO MUNICIPAL CENTER CABLECASTS) |
|
| SECTION 7- | RULES, REGULATIONS AND PROCEDURES FOR PEG USERS |
| SECTION 8 | LIMITATIONS ON USE OF CHANNEL |
| SECTION 9- | COMMUNITY ACCESS USER GROUP |
| SECTION 10- | INDEMNIFICATION/INSURANCE |
| 10.1 - INDEMNIFICATION | |
| 10.2- INSURANCE | |
| SECTION 11 | RELATIONSHIPS OF PARTIES |
| SECTION 12 | DEFAULT |
| SECTION 13 | GENERAL PROVISIONS |
| 13.1- NO WAIVER | |
| 13.2- COMPLIANCE WITH LAWS, RULES,REGULATIONS | |
| 13.3 - TERM, TERMINATION | |
| 13.4 NOTICES | |
| 13.5 SEVERABILITY | |
| 13.6 ASSIGNMENT | |
| 13.7 AMENDMENTS |
For the purpose of this agreement, the following words and phrases shall have the meanings setforth below, unless from the content a different meaning is intended; provided, however, that whenever any word or phrase used in this agreement is not defined, and is defined within the provisions of Chapter
5.12 FRANCHISE - CABLE TELEVISION OF THE CHICO MUNICIPAL CODE or City of Chico ORDINANCE NO. 1696 (uncodified) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO GRANTING STATE TV CABLE A NONEXCLUSIVE FRANCHISE TO INSTALL, CONSTRUCT, OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM WITHIN THE CITY OF CHICO FOR A TERM OF TWENTY (20) YEARS, then the word or phrase shall have the meaning ascribed to it in said Chapter or in said ORDINANCE, which meaning shall control.
2.1 COMMUNITY ACCESS:
The right of any person or any public, educational or governmental agency (PEG) in the Chambers Cable service area to share in the use of a cable television channel(s) for the purpose of airing PEG television programming of interest to the community at large.
2.2 COMMUNITY ACCESS FACILITY:
That facility comprised of a Chambers Cable community access channel(s), and the College ITFS system, providing a headend entry point for all PEG programming.
2.3 EDUCATIONAL ACCESS USER:
An authorized representative of a private or public school or college within the Chambers Cable service area requesting program time on the community access channel(s).
2.4 FRANCHISE:
Ordinance NO. 1696 uncodified) AN ORDINANCE OF THE CITY COUNCIL
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OF THE CITY OF CHICO GRANTING STATE TV CABLE A NONEXCLUSIVE FRANCHISE TO INSTALL, CONSTRUCT, OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM WITHIN THE CITY OF CHICO FOR A TERM OF TWENTY (20) YEARS, which requires State TV Cable, among other things, to provide a community access channel(s) and Resolution No.96 89-90, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHICO CONSENTING TO THE TRANSFER OF THE CABLE TELEVISION FRANCHISE GRANTED BY CITY ORDINANCE NO. 1696 FROM COOKE CABLEVISION, INC. TO CHAMBERS CABLE OF SOUTHERN CAL., INC., by which the franchise was transferred to Chambers Cable.
2.5 GOVERNMENTAL ACCESS USER:
An authorized representative of City or any other governmental agency within the Chambers Cable service area requesting program time on the community access channel(s).
2.6 INSTRUCTIONAL TELEVISION FIXED SERVICE (ITFS) SYSTEM:
A microwave transmitting system located at the College that through this agreement provides for the entry point of all PEG programming feeding the community access channel(s), except for programming originating from the Chico Municipal Center.
2.7 PEG:
An abbreviation for Public, Educational, and Governmental television programming.
2.8 PUBLIC ACCESS USER:
Any resident or an authorized representative of a community organization within the Chambers Cable service area requesting program time on the community access channel(s).
2.9 SERVICE AREA:
That area within Butte, Glenn, and Tehama Counties where residents are provided cable television services by Chambers Cable, pursuant to a franchise or similar form of grant of authority, which utilizes the same form of cable communications system
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as that provided to the City.
While not a party to this Agreement, Chambers Cable has those duties and obligations with respect to the Community Access Channel(s) as are imposed upon it by the applicable provisions of the Franchise.
Subject to the provisions of this agreement, College shall be fully responsible for all aspects of the utilization, operation, and maintenance of the college-owned and funded ITFS and its associated headend equipment, and the management and control of programming for the community accesschannel(s), including, but not limited to the following:
A. To distribute on the public access channel(s) community access programming and, in consultation with City, manage and schedule public, educational and governmental programming time. An acknowledgment shall precede each access channel(s) program indicating that each such program is being carried on the North Valley Community Access Channel, a joint venture of the City of Chico, Chambers Cable and Butte Community College. In addition, all program schedules produced by College shall similarly identify each access channel(s) program. Finally, all media releases, public information announcements, correspondence, memoranda and similar materials prepared by College in connection with the community access channel(s) shall also contain an appropriate similar reference
B. To insure that the community access channel(s) and/or programming time is (are) made available to all residents of the service area on a nondiscriminatory basis.
C. To insure that no censorship or control over program content of the community access channel(s) and/or programming time exists, except as necessary with respect to material that is obscene or otherwise constitutionally unprotected.
D. To maintain and administer all rules, regulations and procedures pertaining to the use and scheduling of the community access channel(s) and/or programming time, in consultation with City and Chambers Cable.
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E. To prepare such regular or special reports as may be required or desired by City.
F. To perform such other functions relevant to community access programming as may be appropriate.
G. To supply the ITFS feed for PEG programming from the point of origin at College to Chambers Cable (except with respect to the carriage of meetings of the City Council and other events occurring at the Chico Municipal Center.
H. To utilize funds and resources provided by any source supporting community access programming.
I. To offer PEG production services to PEG users at a level compatible with the availability of equipment, facilities and staff, and at a cost based on current published college production and equipment fees.
J. To hire and supervise supporting staff for community access programming distribution and to make all purchases of materials, services and equipment as may be required for program distribution.
K. In cooperation with City, to appoint and maintain liaison with a Community Access User Group, comprised of representatives from differing segments of the community, whose objectives are to enhance PEG programming (See SECTION 9).
L. To provide the City and Chambers Cable with a schedule of community access programming at least seven (7) days in advance of airing. It is understood and agreed that during any time(s) community access channel(s) is not scheduled for use by College for community access programming, such channel(s) shall be available to Chambers Cable for the purposes of presenting its own programming.
M. To perform such other functions relevant to community access programming as may be appropriate.
A. To approve appointments to the Community Access User Group, in cooperation with College.
B. To approve changes to community access channel(s) Programming Rules, Regulations
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and Procedures.
Neither City, College nor Chambers Cable are obligated to, but may at their individual discretion, provide supplemental funding for PEG programming or production beyond those obligations specifically set forth in this Agreement.
6.1 FOR COMMUNITY ACCESS CHANNEL(S) (EXCLUDING CHICO MUNICIPAL CENTER CABLECASTS):
All funding for the distribution of programing beyond the use of the ITFS system and headend equipment, excluding the carriage of meetings of the Chico City Council and other events authorized by City occurring at Chico Municipal Center, shall be paid by the person or group requesting the services. Payment shall be in accordance with a current, published College fee schedule.
6.2 The City, College and/or the Community Access Users Group may seek funding from such additional funding sources as foundations, state or federal grants, fund-raising drives, program underwriting or such other sources as may become available from time to time.
A. College shall maintain and administer, in cooperation with City and Chambers Cable, a set of rules for the use of the community access channel(s) and/or programming time.
B. Such rules shall not be amended without the prior approval of City and College.
C. College shall maintain the Rules, Regulations and Procedures in written form and provide copies of them to all parties affected upon request.
Such channel(s) shall be utilized exclusively for public, educational, and/or governmental programming and shall not be utilized for commercial or other purposes, except with respect to the following:
A. The use of such channel(s) by Chambers Cable as permitted pursuant to the Franchise at such times as the channel(s) is (are) not being used for community access programming purposes;
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B. Underwriting recognition provided in any community access programming as an integral part thereof solely for the purpose of acknowledging funding for such programming.
A. A Community Access User Group (the "User Group") has been established by City and College to provide representation from various segments of the service area for advisement in the operation of the community access channel(s). A representative of Chambers Cable shall serve as a member of this group. All meetings will be chaired by a representative of College.
B. The User Group shall review, amend, maintain and administer such rules, regulations and procedures as needed to govern its meetings and to implement its objectives within its scope of responsibility.
C. The objectives of the User Group include:
(1) To maintain and administer guidelines for balanced programming, representing all segments of the community.
(2) To solicit optional funding sources, such as foundation, federal or state grants.
(3) To propose major community events for community access programming.
(4) To serve as an advisory body where input from the community is required and where conflicts exist over program content.
10.1 INDEMNIFICATION
College shall indemnify City, its officers, boards and commissions and members thereof, its employees and agents and Chambers Cable, its affiliates, and their respective officers, directors, employees and shareholders, from and against any and all liabilities, losses, damages, claims, actions, causes of action, costs, and expenses (including reasonable attorneys' fees) arising from or in any manner related to the use of the community access channel(s) for purposes of community access programming or the programming carried thereon (including commercial advertising or promotional material
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with respect thereto), including, but not limited to, with respect to the solicitation, production, content, selection, scheduling, funding, or presentation of such programming, as well as such liability as may arise from claims of libel, slander, defamation, invasion of privacy, infringement of copyright, musical performing rights, or any other right of any person. Should City or Chambers Cable be named in any suit or should any claim be made against them by suit or otherwise, whether the same be groundless or not, arising out of or relating to this agreement, College shall defend City and Chambers Cable and shall indemnify them for any judgment rendered against them or any sums paid out in settlement or otherwise. It is further understood and agreed that College shall have no duty to defend, indemnify, or otherwise aid either Chambers Cable or City for any claim or action arising out of statements, events, or other occurrences with respect to televising of meetings of the City Council or other events occurring at the Chico City Council Building in the Chico Municipal Center, unless such statements, events or other occurrences happen in connection with College sponsored programming.
10.2 INSURANCE
College shall, at all times during the term of this agreement, maintain in full force and effect, at its own cost and expense, the following insurance coverages. Each such coverage shall be evidenced by a certificate of insurance or such other form of documentation of coverage as may be acceptable to City. Said evidence of coverage shall be in full compliance with the provisions of this Section and shall be executed by an authorized officer of the insurer(s).
A. Comprehensive general liability insurance including, but not limited to, coverage for premises operations, bodily injury, broad form property damage, independent contractors, personal injury, and automobile liability comprehensive form (including non-ownership and hired car coverage, as well as owned vehicle coverage) in a combined single limit of liability of not less than One Million Dollars ($1,000,000), with a maximum policy deductible of $500.
B. Standard producer's and distributor's errors and omissions liability insurance
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including, but not limited to, coverage for invasion of the right of privacy, infringement of copyright (whether statutory or common law), libel, slander or other forms of defamation, infringement of musical performing rights, unauthorized use of titles, formats, ideas, characters, plots or other program material or infringement of any other right of any person with respect to any programming presented by College over the community access channel(s). Such policy or policies shall have minimum limits of at least $1,000,000 for any claim arising out of a single occurrence and $3,000,000 for all claims in the aggregate.
In addition to the limits of coverage provided hereinabove, each such certificate or other documentation of coverage shall also provide that the City of Chico, its commissions, officers, employees and agents, and Chambers Cable, its affiliates, and their respective officers, directors, employees and shareholders are named as additional insureds under the coverages afforded, that the coverages afforded are primary to any and all other coverages which may be available to City or Chambers Cable in connection with this agreement, and that the insurer(s) will provide to City and Chambers Cable at least thirty (30) days prior notice of cancellation or material change in coverage.
Nothing herein shall create any association, partnership, joint venture, or relationship of principal and agent between the parties hereto, it being understood that College and City are with respect to each other, independent contractors, and neither party shall have any authority to bind the other's representative(s) in any way.
A. In the event of a default of any material provision hereof, either party may give notice thereof to the other party. In the event the default is not reasonably cured or curable within thirty (30) days, this agreement shall remain in full force and effect if the party in default develops a plan satisfactory to the other party to correct it and then continues to demonstrate good faith in seeking to correct the default. In the event a default is not cured within thirty (30) days, the complaining party shall take into consideration the nature of
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the violation, the person or persons bearing impact on the violation, the nature of the remedy required in order to prevent further such violations and such other matters as the complaining party may deem appropriate.
B. If College fails to meet the terms of this agreement, City shall have the right to reassign community access channel(s) operations.
13.1 NO WAIVER
No provision contained herein shall constitute a waiver of or bar to the lawful exercise of any governmental right or power of City or of College.
13.2 COMPLIANCE WITH LAWS. RULES. REGULATIONS
Each party to this agreement shall observe and comply with all valid laws, ordinances, statutes, orders and regulations now or hereafter made or issued respecting this agreement by any federal, state, county, or other government agency or entity, including any such which have been or may hereafter be enacted or promulgated by City.
13.3 TERM. TERMINATION
This agreement shall be effective commencing July 1, 1998 and shall continue until April 7,2007, unless sooner terminated by the occurrence of one or more of the following.
A. Either City or College desire its termination. In this event, the party desiring termination shall give the other party a written notice of termination on or before January 1 of any year, but such termination shall not take effect until the following June 30.
B. No remedy can be reached in the event of a default as specified in
SECTION 12.A.; OR
C. Any event which causes termination of the Franchise between City and
Chambers Cable.
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13.4 NOTICES
Any notice, request, demand or other communication shall be deemed to be properly given when deposited in the United States mail, postage prepaid, addressed as follows:
TO COLLEGE:
A. President
Butte College
3536 Butte Campus Drive
Oroville, CA 95965
B. Vice President, Instruction
Butte College
3536 Butte Campus Drive
Oroville, CA 95965
TO CITY:
A. City Manager
City of Chico
P.O. Box 3420
Chico, CA 95927
13.5 SEVERABILITY
The unenforceability of any particular provision of this agreement shall not affect any other provisions thereof, but the agreement shall be construed in all respects as if such invalid provision(s) were omitted.
13.6 ASSIGNMENT
This agreement may not be assigned or in any way transferred, in whole or in part, without prior written consent of the parties hereto.
13.7 AMENDMENT
This agreement may be amended from time to time during its term with the mutual consent of City and College. All such amendments shall be in writing, shall be duly authorized, and shall be signed by the appropriate officials of College and City.
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