CMAP - Government Access Cable Services Agreement (2021)CONTRACT BETWEEN THE CITIES OF GILROY,
HOLLISTER & SAN JUAN BAUTISTA
AND
COMMUNITY MEDIA ACCESS PARTNERSHIP
OF SOUTHERN SANTA CLARA AND SAN BENITO COUNTIES
AGREEMENT
This Agreement is made this 1st day of January, 2021, by and between the Cities
of Gilroy, Hollister and San Juan Bautista ("the Cities"), and Community Media
Access Partnership of Southern Santa Clara and San Benito Counties ("CMAP"), a
nonprofit corporation, who agree as follows:
RECITALS
1. Charter Communications ("Charter") has been granted a state franchise ("State
Franchisee") to provide cable/video services in Gilroy, Hollister, and San Juan
Bautista pursuant to the Digital Infrastructure and Video Competition Act of 2006
("DIVCA") (hereinafter the Charter DIVCA franchise).
2. A.T.&T. has been granted a state franchise ("State Franchisee") to provide
cable/video services in Hollister pursuant to the Digital Infrastructure and Video
Competition Act of 2006 ("DIVCA") (hereinafter the AT&T DIVCA franchise).
3. DIVCA provides that certain channel capacity shall be provided for public,
educational, and government ("PEG") access.
4. DIVCA authorizes the Cities to receive certain grant payments from State
Franchisees for PEG access purposes as defined by Section 5870(n) of DIVCA.
5. The Cities have each authorized the receipt of such PEG channels and payments
via City of Gilroy Municipal Code Chapter 24.22, City of Hollister Code Chapter
5.21.070, and City of San Juan Bautista Code Chapter 5-20-1830.
6. A Settlement Agreement and Release between each of the Cities and Charter,
enacted on or about June 11, 2010, provides that certain payments and in -kind
services shall be provided by Charter to support the operations of the PEG access
facilities, equipment and channels.
7. The Cities have determined that they wish to designate CMAP as the access
management organization to develop, manage, and administer the PEG access
channels and to operate one or more community media centers.
8. CMAP has managed a community access center and managed certain PEG
access channels since 2001.
9. CMAP has agreed to continue to serve the Cities by developing, programming,
and administering the PEG channels, and operating one or more community
media centers to support the services as described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. In exchange for the resources provided by the
Cities to CMAP, pursuant to this Agreement, CMAP shall provide the following services:
A. OPERATE PUBLIC, EDUCATIONAL, AND GOVERNMENT ACCESS CABLE
CHANNEL(S). Operate the public, educational, and government access
cable channel(s) in accordance with this Agreement and applicable state and
federal law, with the primary purpose being to bring to the community
programming and information not otherwise readily available in commercial
and national media.
B. OPERATE A COMMUNITY MEDIA CENTER. Manage a community media
production facility and equipment ("Community Media Center"), available for
public use at such hours and times as are determined by CMAP. Access to
equipment and facilities shall be open to all those who qualify within
membership, training, and/or other requirements or standards deemed
appropriate by CMAP to further the media access objectives of CMAP.
C. PROVIDE NONDISCRIMINATORY ACCESS. Provide access to the
equipment, facilities, channels, and services provided hereunder on a non-
discriminatory basis to all residents of the Cities for non-commercial
programming purposes, whether individuals or organizations, on a non-
discriminatory basis, pursuant to operating rules issued by CMAP.
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D. DEVELOP OPERATING POLICIES AND PROCEDURES. Develop policies
and procedures for use and operation of the PEG access equipment,
facilities, and channels and file such policies and procedures with the Cities.
E. COMPLIANCE WITH LAWS RULES, AND REGULATIONS. Administer the
PEG access channels and facilities in compliance with applicable laws, rules,
and regulations.
F. TRAINING. Train residents of the Cities and, when requested, employees of
the Cities and local school or college employees in the techniques of media
production, and provide technical advice in the execution of productions.
G. PLAYBACK/CABLECAST. Provide for distribution of PEG access programs
through playback/cablecasting/webcasting and other innovative or readily
available means of distribution of PEG access channels and program
content.
H. MAINTENANCE OF EQUIPMENT. Provide regular maintenance and repair
of all equipment purchased with monies received pursuant to this Agreement.
I. PROMOTION. Actively promote the use and benefits of the PEG access
channels and facilities to cable subscribers, the public, and PEG access
users.
J. PERFORMANCE REVIEW. CMAP shall, after four (4) years of operation
under this Agreement, contract with an entity from outside the Cities chosen
upon approval of the CMAP Board of Directors, that is expert in PEG access
matters to conduct a performance review of CMAP's operations. This review
shall include an opportunity for PEG access users and cable subscribers to
provide input. Upon completion, a copy of the performance review shall be
submitted to the Cities.
K. OTHER ACTIVITIES. Undertake other PEG access programming activities
and services as deemed appropriate by CMAP and consistent with the
obligation to facilitate and promote PEG access programming and provide
non-discriminatory access.
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SECTION 2. ENHANCED GOVERNMENT SERVICES
A. In additional to those services specified in Section 1, CMAP shall provide the
staffing for professional video production services for the following meetings
taking place at the City Hall of each of the Cities.
1. Gilroy: Regular City Council meetings, Council Study Sessions, Planning
Commission meetings. (Maximum of 44 meetings per year.)
a. On the effective date of this Agreement, the City of Gilroy staffed these
meetings. Hereafter, CMAP will provide these services. CMAP will
coordinate with the City to have a smooth and timely transition of the
meeting coverage from City staff to CMAP. It anticipated that it will
take several months after the initiation of this agreement for that
transition to occur. The transition period will be part of the 44
meetings per year. There will be no additional charges for CMAP staff
to develop familiarity with and be trained to use the equipment located
at City Hall.
2. Hollister: Regular Council meetings, Council Study Sessions, Planning
Commission meetings, and Airport Advisory Committee meetings.
(Maximum of 48 meeting per year.)
3. San Juan Bautista: Regular City Council meetings, regular Planning
Commission meetings, and three special meetings designated by the City
annually. (Maximum of 27 meetings per year.)
4. If a meeting exceeds four (4) hours in length (including set-up and take
down) the Cities will be charged at the special discounted rates provided
in Exhibit A, attached hereto.
B. CMAP shall at the request of each City produce a video of up to four (4)
minutes twice in each calendar year.
C. Pursuant to Section 1. CMAP shall be responsible for purchasing,
maintenance, and replacement of equipment related to its media services
and playback/webcasting/cablecasting of PEG access channels and
programming and any related INET fiber networking equipment.
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D. DIVCA authorizes each City to receive certain grant payments from State
Franchisees for PEG access purposes. The Cities have agreed pursuant
Section 15. B. of this Agreement to provide that funding to CMAP. CMAP
shall set aside 10% of that PEG DIVCA funding provided by each City in a
special banking sub -account for that City for the purchase of City Council
Chambers video equipment. At the request and in consultation with each
City, CMAP shall budget for video equipment for City Council Chambers.
CMAP shall provide funding for these purchases based upon the fund
balances set aside in bank sub -accounts for each City individually.
E. On or before July 1, 2021, develop a ten (10) year plan for regular updates to
equipment used to record and broadcast City Council meetings.
F. Upon request by one of more of the Cities, CMAP agrees to provide video
productions services and other media services in addition to those listed in
this Agreement at the rates described in Exhibit A to this Agreement.
SECTION 3. PUBLIC ACCESS CHANNELS OPEN TO PUBLIC: CMAP agrees to
keep the public access channel(s) open to all potential users regardless of their
viewpoint, subject to FCC regulations and other relevant laws. Neither the Cities, nor
State Franchisees, nor CMAP shall have the authority to control the content of
programming placed on the public access channel(s) so long as such programming is
lawful. Provided that, nothing herein shall prevent CMAP, the Cities, or State
Franchisees from producing or sponsoring programming, prevent the Cities or State
Franchisees from underwriting programming, or prevent the Cities, State Franchisees,
or CMAP from engaging in activities designed to promote production of certain types of
programming or use by targeted groups as consistent with applicable law and rules for
use of the channel(s). CMAP may develop and enforce policies and procedures which
are designed to promote local use of the channel(s) and make programming accessible
to the viewing public, consistent with such time, place, and manner regulations as are
appropriate to provide for and promote use of PEG access channels, equipment and
facilities.
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SECTION 4. INDEMNIFICATION.
A. CMAP shall indemnify, defend, and hold harmless the Cities, their officers,
agents, and employees and volunteers from and against any and all claims,
suits, actions, causes of action, losses, damage, or liabilities of any kind,
nature or description, including payment of litigation costs and attorneys'
fees, brought by any person or persons for or on account of any loss,
damage or injury to person, property or any other interest, tangible or
intangible, sustained by or accruing to any person or persons, howsoever the
same may be caused, directly or indirectly arising or resulting from any
alleged acts or omission of CMAP, its officers, employees, agents,
subcontractors, or volunteers arising out of or resulting from the performance
of this Agreement.
B. CMAP shall indemnify and hold harmless the Cities, their officers, agents,
employees and volunteers from and against any and all claims or other injury,
including costs of litigation and attorney's fees, arising from or in connection
with claims or loss or damage to person or property arising out of the failure
to comply with any applicable laws, rules, regulations or other requirements of
local, state or federal authorities, for claims of libel, slander, invasions of
privacy, or infringement of common law or statutory copyright, for breach of
contract of other injury or damage in law or at equity which claims, directly or
indirectly, result from CMAP's use of channels, funds, equipment, facilities or
staff granted under this Agreement or franchise agreements between the
Cities and State Franchisees.
C. Each of the Cities, respectively, shall indemnify, defend, and hold harmless
CMAP, its officers, agents, volunteers, and employees from and against any
and all claims, losses, liabilities, or damage including payment of reasonable
attorneys' fees arising out of or resulting from the performance of this
Agreement, caused in whole or part by any act or omission of the respective
City.
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SECTION 5. COPYRIGHT CLEARANCE. Before cablecasting program material,
CMAP shall require all users to agree in writing that they shall make all appropriate
arrangements to obtain all rights to all material cablecast or distributed through other
means such as the Internet and clearances from broadcast stations, networks,
sponsors, music licensing organizations' representatives, and without limitation from the
foregoing, any and all other persons as may be necessary to transmit their program
material over the PEG access channels or other means such as the Internet that are
operated and managed by CMAP. CMAP shall maintain copies of all such user
agreements for inspection by the Cities, upon reasonable notice by the Cities and for
the term of the applicable statute of limitations.
SECTION 6. COPYRIGHT AND OWNERSHIP. CMAP shall own the copyright of any
programs which it may choose from time to time to produce. Copyright of programming
produced by other parties shall be held by such persons who produced said
programming.
SECTION 7. DISTRIBUTION RIGHTS.
A. CMAP shall require that all programs produced with funds, equipment,
facilities, or staff granted under this Agreement shall be distributed on the
channels whose use is authorized by this Agreement. This subsection shall
not be interpreted to restrict, limit, or otherwise affect CMAP's lawful authority
to manage programming shown on the PEG access channels. This
subsection shall not be interpreted to restrict distribution (beyond distribution
on channels authorized by this Agreement), so long as such other distribution
is consistent with any pertinent guidelines established in the PEG access
operating policies and procedures.
B. At least at the beginning and end of each day that programming is cablecast
on the PEG access channels whose use is authorized by this Agreement,
CMAP shall display a credit stating "Partial funding for the operation of this
channel is provided by the Cities of Gilroy, Hollister and San Juan Bautista."
Such credit shall also state that opinions expressed in PEG access programs
are the sole responsibility of the program producers.
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SECTION 8. EQUIPMENT AND FACILITIES.
A. CMAP shall be responsible for maintenance of all equipment and facilities
owned, leased or loaned to it under this Agreement or purchased with funds
provided pursuant to this Agreement.
B. The City of Gilroy currently houses CMAP's Master Control equipment in the
City of Gilroy data center and provides access to certain network
infrastructure. CMAP shall continue to pay the City of Gilroy $3,600 annually
for such storage/services. This annual fixed payment of $3,600 shall be due
to the City on September 1st of each year of this Agreement until such time
that CMAP determines the need for such storage/services unnecessary.
C. CMAP shall own all equipment and facilities acquired by it and purchased
with funds received pursuant to this Agreement, except that upon termination
or non -renewal of this Agreement all such equipment or facilities purchased
with funds received pursuant to this Agreement shall become the property of
the Cities (in a manner determined by the Cities), which shall ensure that all
such equipment or facilities shall be used for PEG access purposes.
To secure all of its obligations under this Agreement, CMAP hereby grants to
the Cities a security interest in all of the assets and interests owned or
hereafter acquired by CMAP with funds provided by the Cities, and the
proceeds thereof, including but not limited to CMAP deposit accounts,
inventory, and all equipment and fixtures that are or were acquired with funds
provided by the Cities. CMAP agrees to take all steps reasonably requested by
the Cities to perfect and enforce the security interest of the Cities, including the
execution and processing of financing statements and continuation statements
under the California Uniform Commercial Code. CMAP will also notify any
institution with whom it now or hereafter maintains any deposit account of the
existence of a security interest by the Cities in the account.
The Cities agree to subordinate their interest if necessary to finance the
purchase of equipment or property. The subordination shall only be with
respect to the specific equipment or property that CMAP might wish to
finance.
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D. Upon the earlier of termination, expiration, or dissolution of CMAP, it shall,
subject to the approval of the Cities, transfer all assets of CMAP representing
equipment and facilities funded by the Cities, and/or the proceeds of either to
the Cities, or at the option of the Cities, to such organization or organizations
designated by the Cities to manage PEG access which shall at the time
qualify as a tax exempt organization(s) under Section 501(c)(3) of the Internal
Revenue Code (or the corresponding provisions of any future United States
Internal Revenue Law).
SECTION 9. INSURANCE. CMAP shall maintain in full force and effect at all times
during the term of this Agreement insurance as required by this Section. The cost of
such insurance shall be borne by CMAP and may be included in its annual budget.
A. COMPREHENSIVE LIABILITY INSURANCE. Comprehensive liability
insurance, including protective, completed operations and broad form
contractual liability, property damage and personal injury coverage, and
comprehensive automobile liability including owned, hired, and non -owned
automobile coverage. The limits of such coverage shall be: (1) bodily injury
including death, $1,000,000 for each person, each occurrence and
aggregate; and (2) property damage, $1,000,000 for each occurrence and
aggregate.
B. EQUIPMENT INSURANCE. Insurance shall be maintained on all equipment
and facilities, including fixtures, funded in whole or in part under this
Agreement to replacement cost. The insurance shall include, at a minimum,
insurance against loss or damage beyond the user's control, theft, fire or
natural catastrophe. The Cities shall be shown as lien holders on all policies.
C. WORKERS' COMPENSATION. Full Workers' Compensation Insurance and
Employer's Liability with limits as required by California law with an insurance
carrier satisfactory to the Cities. Such policy shall contain a waiver of
subrogation as to the Cities, and the officials, officers, agents, employees
and volunteers.
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D. CABLECASTER'S ERRORS AND OMISSIONS INSURANCE. Insurance
shall be maintained to cover the content of productions which are cablecast
on the PEG access channels or other means such as the Internet in, at
minimum, the following areas: libel and slander; copyright or trademark
infringement; infliction of emotional distress, invasion of privacy; plagiarism;
misuse of musical or literary materials. This policy shall not be required to
cover individual PEG access producers.
E. CITIES AS CO-INSURED OR ADDITIONAL INSURED. The Cities shall be
named as a co-insured or additional insured on all aforementioned insurance
policies. The policies shall provide that no cancellation, major change in
coverage or expiration may be affected by the insurance company or CMAP
without first giving the Cities thirty (30) days written notice prior to the effective
date of such cancellation or change in coverage. Any insurance or self-
insurance maintained by the Cities, their officers, agents, employees, or
volunteers shall be in excess of CMAP's insurance and shall not contribute to it.
F. NOTIFICATION OF COVERAGE. CMAP shall file with the Cities proof of
insurance coverage as follows: (1) Comprehensive Liability and Workers'
Compensation upon commencement of the employment of the Executive
Director; (2) equipment insurance upon the acquisition of any equipment; and
(3) cablecaster's errors and omissions insurance. All required insurance
coverage shall be maintained by CMAP at all times in accordance with the
requirements of this Agreement.
SECTION 10. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICE.
A. CMAP shall not discriminate against any person, employee or applicant for
employment or subcontractor on the basis of race, color, creed, religion, sex,
sexual orientation, marital status, ancestry, national origin or physical or
mental handicap.
B. CMAP shall not discriminate in the delivery of services on the basis on race,
color, creed, religion, sex, sexual orientation, marital status, ancestry, national
origin or physical or mental handicap.
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SECTION 11. INDEPENDENT CONTRACTOR. It is understood and agreed that
CMAP is an independent contractor and that no relationship of principal/agent or
employer/employee exists between the Cities and CMAP. If in the performance of this
Agreement any third persons are employed by CMAP, such persons shall be entirely
and exclusively under the control, direction and supervision of CMAP. All terms of
employment, including hours, wages, working conditions, discipline, hiring and
discharging or any other term of employment shall be determined by CMAP and the
Cities shall have no right or authority over such persons or terms of employment. No
third party shall be a beneficiary under this Agreement.
SECTION 12. ASSIGNMENT AND SUBLETTING. Neither this Agreement nor any
interest herein shall be assigned or transferred by CMAP, except as expressly
authorized in writing by the Cities.
SECTION 13. ANNUAL REPORTS. During the second quarter of its fiscal year, CMAP
shall submit to the Cities an annual report regarding its activities during the preceding
fiscal year. This report shall contain, at a minimum, the following information:
A. Statistics on programming and services provided;
B. Current and complete listing of CMAP's Board of Directors;
C. Year-end financial statements including the previous year's actuals reviewed
by an independent certified public accountant.
SECTION 14. RECORDS, FISCAL AUDIT.
A. CMAP shall maintain all necessary books and records, in accordance with
generally accepted accounting principles.
B. Upon reasonable request from any of the Cities, CMAP shall, at any time
during normal business hours, make available all of its records with respect to
all matters covered by this Agreement.
C. CMAP shall prepare (or have prepared) and submit to the Cities a fiscal audit
by an outside independent certified public accountant approved by the CMAP
Board, at least every three (3) years.
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SECTION 15. FUNDING AND OTHER RESOURCES. The Cities agree to make the
following funds and resources available to CMAP:
A. The California Public Utilities Commission has granted to each State
Franchisee a franchise to provide video services in the Cities. Pursuant to
those State Franchises and City of Gilroy Municipal Code Chapter 24.22, City
of Hollister Code Chapter 5.21.070 and City of San Juan Bautista Code
Chapter 5-20-1830, each State Franchisee is obligated to provide to the
Cities four channels for PEG access purposes. The Cities agrees to permit
CMAP to manage that bandwidth/channel capacity for PEG access
programming purposes.
B. Pursuant to those State Franchises and to City of Gilroy Municipal Code
Chapter 24.22, City of Hollister Code Chapter 5.21.070 and City of San Juan
Bautista Code Chapter 5-20-1830, each State Franchisee is obligated to
provide to the City for PEG access purposes three percent (3%) of its gross
revenues derived from the provision of video services in the City. The Cities
shall direct any State Franchisee to pay said PEG funds to CMAP or shall
transfer to CMAP those PEG funds received from the State Franchisees to
CMAP no later than thirty (30) days after the City receives the quarterly PEG
fee payment from a State Franchisee.
C. Pursuant to Section 8 of a Settlement Agreement and Release between
Charter and each of the Cities individually entered into on or about June
11, 2010, Charter is obligated to provided at no cost to the Cities or CMAP
dedicated fiber linkage between CMAP and the Charter headend for
transport of PEG signals and connectivity and functionality necessary for
PEG access signals to be transmitted from each City Hall as well as the
locations of certain educational institutions. The Cities shall authorize
CMAP to utilize those links and or connections for the transport of PEG
programming.
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D. The Cities agrees that they will provide funding to CMAP for the provision of
PEG access services described in this Agreement, as follows:
1. Year 2021: 20% of franchise fees received by the Cities from State
Franchisees.
2. Year 2022-until end of initial term of this Agreement: 22% of franchise
fees received by the Cities from State Franchisees.
These funds shall be disbursed to CMAP on a quarterly basis, upon
submission of a written request in accordance with the timeline specified in
Section 18 of this Agreement.
E. Upon request by one of more of the Cities, CMAP agrees to provide video
productions services and other media services in addition to those listed in
this Agreement at the rates described in Appendix 1 to this Agreement.
SECTION 16. ANNUAL PLAN AND BUDGET.
A. On or before September 30 of each year in which this Agreement is in effect,
CMAP shall provide to the Cities an "Annual Plan and Budget" outlining
activities and programs planned for the following fiscal year with funds and
other resources provided by the Cities. Such plan shall contain:
1. A statement of the anticipated number of hours of PEG access
programming to be cablecast;
2. Training classes to be offered and frequency of classes;
3. Other PEG access activities planned by CMAP; and
4. A detailed operating and capital equipment and facilities budget which
shows projected revenues and expenditures for the next fiscal year,
planned capital improvements and planned purchases of new or
replacement equipment.
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SECTION 17. EXPENDITURE OF FUNDS. CMAP shall spend funds received from
the Cities solely for the purposes listed in its Annual Plan and Budget and Section 1
("Scope of Services") of this Agreement. Funds not expended in the year covered by
the Annual Plan and Budget may be carried over by CMAP into succeeding years.
Upon termination of this Agreement all funds of any kind received from the Cities and
not expended by CMAP shall be returned to the Cities, in proportion to the amounts
previously provided by the Cities. All such returned funds shall be used by the Cities for
PEG access purposes. CMAP shall provide for such fiscal control and accounting
procedures as are necessary to assure proper disbursement and accounting for funds
received from the Cities.
SECTION 18. RECEIPT OF APPROVED FUNDING. For each year in which CMAP
has submitted the Annual Plan and Budget to the Cities as required under Section 16 of
this Agreement, the Cities shall make quarterly payments to CMAP. Those payments
shall be made on or before March 15, June 15, September 15, and December 151. The
amounts paid to CMAP by these Cities shall be calculated as specified in Section 15.D
of this Agreement. If any payment to CMAP required by this Agreement is not received
by CMAP on or before the date fixed above, the City shall pay interest thereon, from the
due date to the date paid, at a rate of one percent (1 %) per month.
SECTION 19. FUNDING FROM OTHER SOURCES. CMAP may, during the course of
this Agreement, receive supplemental funds from other sources, including but not
limited to fundraising activities.
SECTION 20. TERM OF AGREEMENT. This Agreement shall be for a period of five
(5) years commencing on January 1, 2021 and ending on December 31, 2025 unless
terminated earlier, as provided for in this Agreement. This Agreement may be extended,
by mutual agreement of the Cities and CMAP, in writing, for additional periods of five
(5) years each in accordance with Section 22 of this Agreement.
Due dates calculated at 30 days after PEG access and franchise fee payments from Video Franchisee
are due to the cities pursuant to State Law.
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SECTION 21. TERMINATION OF AGREEMENT: TRANSFER OF ASSETS.
A. The Cities shall have the right upon one hundred twenty (120) days written
notice to CMAP to terminate this Agreement for:
1. Breach of any provision of this Agreement by CMAP;
2. Malfeasance, misfeasance, misappropriation of funds; or
3. Loss of 501(c)(3) status by CMAP.
B. The written contract violation notice provided by the Cities shall cite the
specific section of this Agreement which the Cities believe CMAP to have
breached and provide sufficient detail to permit CMAP to clearly understand
the nature of the cure request by the Cities.
C. CMAP may avoid termination by curing any such breach to the satisfaction of
the Cities within one hundred twenty (120) days of notification or within a time
frame agreed to by the Cities and CMAP. If the nature of the default is such
that more than one hundred twenty (120) days are reasonably required for its
cure, then CMAP shall not be deemed to be in default if it has commenced a
cure within the one hundred twenty (120) day period and thereafter diligently
proceeds with such cure to completion within the time period reasonably
established by the Cities.
D. The Cities may also terminate this Agreement at the expiration of its term, or
any extension thereof.
E. Upon termination of this Agreement, CMAP shall immediately transfer to the
Cities all equipment, real property, fixtures, contracts, leases, deposit
accounts or other assets received by or purchased by CMAP with funds
received pursuant to this Agreement to such organization or organizations
designated by the Cities to manage PEG access, which shall at the time
qualify as a tax exempt organizations(s) under Section 501(c)(3) of the
Internal Revenue Code (or the corresponding provisions of any superseding
law.
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SECTION 22. EXTENSION OF AGREEMENT. This Agreement may be renewed or
extended for additional periods of five (5) years upon the Cities approval of a written
request by CMAP filed with the Cities at least one hundred and twenty days (120)
before the expiration of the initial term of this agreement provided that CMAP is in
compliance with the terms of this Agreement. CMAP shall be deemed in compliance
with this Agreement unless the Cities provide CMAP with a notice of violation and such
violations is not timely cured
SECTION 23. TIME. Time is of the essence in this Agreement and for the
performance of all covenants and conditions of this Agreement.
SECTION 24. COOPERATION. Each party agrees to execute all documents and do
all things necessary and appropriate to carry out the provisions of this Agreement.
SECTION 25. APPLICABLE LAW. This Agreement shall be interpreted and enforced
under the laws of the State of California.
SECTION 26. NOTICES. All notices and other communications to be given by either
party may be given in writing, depositing the same in the United States mail, postage
prepaid and addressed to the appropriate party as follows:
To the City of Gilroy:
City Administrator
7351 Rosanna Street
Gilroy, CA 95020
To the City of Hollister:
City Manager
375 Fifth Street
Hollister, CA 95023
To the City of San Juan Bautista:
City Manager
311 Second Street
P.O. Box 1420
San Juan Bautista, CA 95045
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To CMAP:
Executive Director
7500 Monterey Road
P.O. Box 1822
Gilroy, CA 95021
Any party may change its address by written notice to the other parties at any time.
SECTION 27. SEVERABILITY.
If any term, provision, covenant or condition of this Agreement shall be determined to
be invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of
this Agreement shall not be affected to the extent the remaining provision are not
rendered impractical to perform taking into consideration the purposes of this
Agreement.
SECTION 28. This Agreement may be executed by one or more of the parties to this
Agreement on any number of separate counterparts, and all of said counterparts taken
together shall be deemed to constitute one and the same instrument.
SECTION 29. ENTIRE AGREEMENT. This Agreement is the entire agreement of the
parties and supersedes all prior negotiations and agreements whether written or oral.
This Agreement may be amended only by written agreement and no purported oral
amendment to this Agreement shall be valid.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
written above.
CITY OF GILROY, a municipal corporation
By: q �
Date: if I
CITY OF HOLLISTER, a municipal corporation
By:
Date: /U- 2C)' �U
CITY OF SAN JUAN BAUTISTA, a municipal corporation
Date: tl) —
ATTE :
0MV/11 _.
'cll�i c�rk — . �
COMMUNITY MEDIA ACCESS PARTNERSHIP OF SOUTHERN SANTA CLARA AND
SAN BENITO COUNTIES, a nonprofit corporation
By:i W r
Date: 0 Z�
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EXHIBIT A
CMAP Fiscal Year 2020/21 Enhanced Government Services Rate Sheet Schedule
CMAP shall charge according to the following schedule of rates for performing the following services related to government
programming. All rates are subject to annual cost of living increases and/or PEG funding uncertainty.
Doc. Date: July 2020. This document will be updated annually with the CMAP Annual Plan and Budget
GOVERNMENT MEETING SERVICES
Council Chamber Meeting Coverage
Meeting coverage in addition to that outlined in Section 2: A. of this agreement $85 per hour
Equipment Maintenance/Expansion of Government Installations
CMAP provides routine inspection, maintenance, troubleshooting, and repairs of $100 per hour
CMAP-installed equipment in city facilities. Governments may also request new
functionality that requires installation of additional equipment.
ADDITIONAL OFF -SITE VIDEO SERVICES (provided with field equipment by CMAP staff
Single Camera Field Production
$250 (up to 3 hours)
Includes operator, professional camera and mic. This provides adequate
$400 (3-5 hours)
coverage for off -site meetings, workshops and other public events.
$500 (5-7 hours)
3-Camera Switched Field Production
Includes TriCaster switcher, 3 person crew, live or post -produced graphics,
$1,000 (up to 3 hours)
web archive or DVD.
$200 (each additional hour)
Audio Support/PA in the Field
$500 (up to 3 hours)
Includes mixer, multiple mics, public address system, and one operator.
$100 (each additional hour)
Editing/Post Production/Graphics
Video field work typically requires that video material be edited and have graphics
$85 per hour
edited before being cablecast and web streamed/archived. This provides that
basic service. Depending on the production and quality desired, extended
hours of editing may be required. Estimates are provided prior to start of work.
Live Web Streaming
CMAP can provide live web streaming of any field production. Requires
$100 per event
an adequate internet connection on location. CMAP can also provide a
simple embed code to place the streaming video on a government web site.
Live Cablecast/Web Stream
Same as above but with live cablecast to Charter/AT&T cable channels.
$150 per event
IN-HOUSE PRODUCTIONS AT CMAP STUDIO
Studio Production
Includes two CMAP crew members for technical production. $100 per hour
Studio Show Producer $150 per 30-60 minute
Responsible for show production, crew coordination, graphics, etc. program
DVD Creation $75 per master
Includes DVD menus and cover. $10 per copy
RESOLUTION NO. 2020-203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
EXECUTING AN AGREEMENT WITH THE CITIES OF GILROY, SAN JUAN
BAUTISTA, AND THE COMMUNITY MEDIA ACCESS PARTNERSHIP (CMAP) FOR
PUBLIC, EDUCATION, AND GOVERNMENT (PEG) SERVICES
WHEREAS, The cities of Hollister, Gilroy, and San Juan Bautista entered an agreement
with Community Media Access Partnership (CMAP) in 2001 to create a media center and
provide the communities with access to public, education, and government (PEG)
facilities, services, and programming; and
WHEREAS, the agreement has been extended over the last 10 years continuing services
contained within the original agreement; and
WHEREAS, .the cities have a need for additional services and equipment for recording
and broadcasting of public meetings to provide extended community media and social
outreach; and
WHEREAS, a new agreement has been negotiated for continued and enhanced PEG
services to the cities by CMAP.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister
approves an agreement with the cities of Gilroy, San Juan Bautista, and the Community
Media Access Partnership (CMAP) for continued and enhanced public, education, and
government (PEG) services.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting
held this 19th day of October, 2020, by the following vote:
AYES; Council Members Resendiz, Spencer, Lenoir, and Mayor Velazquez.
NOES: None.
ABSTAINED: None.
ABSENT: None.
Ignacio Velazquez, Mayor
ATTEST: APPROVED AS TO FORM:
Lvtm-1 , Epperson Law Group PC
-fwChr stine Black, MC, City Clerk
Lei ,
Jaso S. person, City Attorney
CITY OF HOLLISTER
DUPLICATE OF ORIGINAL
ON FILE IN THE
OFFICE OF THE CITY CLERK
I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the
attached Resolution No. 2020-203 is an original Resolution, or true and correct copy of a
City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting
of said Council held on the 19th day of October, 2020, at which meeting a quorum was
present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Hollister this 19th day of October, 2020.
Christine Mack, MMC
City Clerk of the City of Hollister
(Seal)
CITY OF HOLLISTER
DUPLICATE OF ORIGINAL,
ON FILE IN THE
OFFICE OF THE CITY CLERK