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HomeMy WebLinkAboutCMAP - 2001 Agreement for Government Access Cable Channel Services 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 2:L day of ~r . 2001, by and between the Cities of Gilroy, Hollister and San Juan Bautis a ("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. The Cities desire to provide support for the use of public, educational, and governmental ("PEG") access cable channels provided pursuant to federal law. 2. The Cities have granted a franchise to Charter Communications ("Charter") to operate a cable television system in the Cities. 3. The franchise agreements between the Cities and Charter indicate that the Cities shall designate a non-profit PEG access management entity (CMAP) to operate and administer the PEG access facilities, services and programming. 4. The franchise agreements between the Cities and Charter provide that certain channel capacity be provided for PEG access. 5. The franchise agreements between the Cities and Charter provide that certain payments shall be made by Charter for PEG access capital equipment and facilities. 6. The franchise agreements between the Cities and Charter provide that certain payments and in-kind services shall be provided by Charter to support the operations of the PEG access facilities, equipment and channels. 1 7. The Cities have determined that they will provide support for PEG access. 8. The franchise agreements between the Cities and Charter state that the PEG access center shall be located at Gavilan College. 9. CMAP, as the PEG access management entity designated by the Cities, has indicated its interest in serving the Cities by providing PEG access programming and services. 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. OPERA TE PUBLIC ACCESS CABLE CHANNEL(S). Operate the public access cable channel(s) for public/community access programming purposes in a manner which is consistent with the principles set forth in the franchise agreements between the Cities and Charter, with the primary purpose being to administer, coordinate, and assist those requesting access on a non- discriminatory basis. B. OPERA TE EDUCATIONAL AND GOVERNMENTAL ACCESS CHANNELS. Operate: (1) the educational access channel(s); and (2) the City of Hollister governmental access channel in a manner which is consistent with the principles set forth in the franchise agreements between the Cities and Charter. CMAP shall also assume the responsibility of providing technical production crew for the live cablecast (and videotape recordings for subsequent replays) of all Hollister City Council and San Benito County Board of Supervisors meetings. 2 C. OPERA TE A COMMUNITY ACCESS CENTER. Manage a media production facility and equipment, 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: (1) satisfactorily complete required training classes provided by CMAP; or (2) receive a certification from CMAP, identifying said persons as having satisfied training requirements through means other than satisfactory completion of CMAP training classes. D. PROVIDE EQUAL 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 first-come, first-served non-discriminatory basis, pursuant to operating rules issued by CMAP and consistent with principles stated in the franchise agreements between the Cities and Charter. E. DEVELOP OPERA TING 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. F. COMPLIANCE WITH LAWS RULES, AND REGULATIONS. Administer the PEG access channels and facilities in compliance with applicable laws, rules, regulations, and in compliance with the franchise agreements between the Cities and Charter. G. 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. H. PLA YBACK/CABLECAST. Provide for the playbacklcablecasting of programs on the PEG access channels. Within twelve months of the completion and opening of the PEG access center for use by the public, CMAP shall cablecast an average of at least 20 hours of programming per week. 3 I. MAINTENANCE OF EQUIPMENT. Provide regular maintenance and repair of all equipment purchased with monies received pursuant to this Agreement and/or donated, loaned, or leased to CMAP by the Cities. J. SPECIAL NEEDS GROUPS. Support special needs groups in program production through training and other means. K. PROMOTION. Actively promote the use and benefits of the PEG access channels and facilities to cable subscribers, the public, PEG access users, and Charter. L. PERFORMANCE REVIEW. CMAP shall, after four (4) years of operation under this Agreement, contract with an entity from outside the Cities 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. M. 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. SECTION 2. 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 Charter, 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 Charter from producing or sponsoring programming, prevent the Cities or Charter from underwriting programming, or prevent the Cities, Charter, or CMAP from engaging in activities 4 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. SECTION 3. INDEMNIFICATION. 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 or subcontractors arising out of or resulting from the performance of this Agreement. 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 Charter. Each of the Cities, respectively, shall indemnify, defend, and hold harmless CMAP, its officers, agents and employees from and against any and all claims, losses, liabilities, or 5 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. SECTION 4. COPYRIGHT CLEARANCE. Before cablecasting their 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 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 that are operated and managed by CMAP. CMAP shall maintain for inspection by the Cities, upon reasonable notice by the Cities and for the term of the applicable statute of limitations, copies of all such user agreements. SECTION 5. 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 6. 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 subparagraph shall not be interpreted to restrict other 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. 6 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. SECTION 7. 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. 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 7 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. C. Upon the 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 8. 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, 8 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. 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 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 an 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 within thirty (30) days of the commencement of cablecasting of programming on a designated PEG access channel. 9 SECTION 9. 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 preference, 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 preference, marital status, ancestry, national origin or physical or mental handicap. SECTION 10. 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. SECTION 11. 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 12. ANNUAL REPORTS. Prior to March 15 of each year, CMAP shall submit to the Cities an annual report regarding its activities during the preceding fiscal year (January 1 - December 31). 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; 10 C. Year-end financial statements reviewed by an independent certified public accountant. SECTION 13. 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 independent certified public accountant, at least every three (3) years. SECTION 14. FUNDING AND OTHER RESOURCES. The Cities agree to make the following funds and resources available to CMAP: A. Funds and Resources from Charter. 1. Pursuant to Section 11.1.A-B of its franchise agreements with the Cities, Charter has dedicated certain channel capacity (spectrum on the cable system) for PEG access use. The Cities agree to permit CMAP to manage that channel capacity for PEG access programming purposes. 2. Pursuant to Section 10.2 of its franchise agreements with the Cities, Charter has agreed to provide a dedicated bi-directional link (and associated plant, headend, and PEG access center equipment, including but not limited to laser transmitters, modulators, processors, and switchers) between the PEG access center and the cable system headend. The Cities agree to permit CMAP to receive and manage these resources for PEG access and/or institutional network purposes. 11 3. Pursuant to Section 10.3 of its franchise agreements with the Cities, Charter has agreed to provide an institutional network (and associated equipment). The Cities agree to permit CMAP to receive and manage these resources. 4. Pursuant to Section 11.1.H of its franchise agreements with the Cities, Charter has dedicated certain other resources and in-kind support for PEG access purposes in the franchise agreements between the Cities and Charter. The Cities agree to permit CMAP to receive and utilize all such resources and in-kind support for PEG access purposes. 5. Pursuant to Section 11.1.E.(1) of its franchise agreements with the Cities, Charter has provided $700,000 to the Cities for PEG access facilities and equipment. 6. Pursuant to Sections 11.1.E.(2) and 11.1.F of its franchise agreements with the Cities, Charter shall also provide ongoing PEG access funding to the Cities or CMAP, equivalent to an amount equal to $209,782 per year or 3% of gross revenues per year, whichever is less, for ongoing and replacement PEG access capital support and access services. 7. On the effective date of this Agreement, the Cities shall transfer to CMAP all funds received (including all interest accrued thereupon) from Charter for PEG access purposes. Thereafter, the Cities shall direct Charter to pay all such funds directly to CMAP. CMAP shall utilize such funds for the purposes delineated in this Agreement. 8. Pursuant to Section 11.1.F of its franchise agreements with the Cities, Charter has a continuing obligation to provide adequate playback, training, outreach, administrative support, production assistance, and related services to PEG access users. The Cities agree that Charter 12 may fulfill this obligation to provide such PEG access services if it: (1) maintains a valid and binding contract with CMAP; and (2) provides the funding and resources described in this Agreement Section 14.A. B. Funds and Resources from the Cities. 1. The City of Gilroy agrees that it will provide funding to CMAP for the provision of PEG access services through the dedication of an amount not to exceed twenty percent (20%) of the franchise fees that the City receives from Charter. These funds shall be available only to support the PEG access services described in Section 1 ("Scope of Services") of this agreement. These funds shall be disbursed to CMAP on a quarterly basis, upon submission of a written request, and after review of the most current CMAP Operating Budget by the City Administrator, and in accordance with the timeline specified in Section 17 of this agreement. 2. The City of Hollister agrees that it will provide funding to CMAP for the provision of PEG access services according to the following formula: CMAP Quarterly Funding not to exceed = $4,700 + 50% of the portion of the franchise fees received by the City during the calendar quarter that exceeds the franchise fees that were received by the City during the same calendar quarter in the base year of 2000.1 The City of Hollister's "CMAP Quarterly Funding" allocation shall be held in a special account by the City, designated as the "PEG Access Support Fund," and shall be available only to support the PEG access services described in Section 1 ("Scope of Services") of this Agreement. These funds shall be disbursed to CMAP on a quarterly basis upon submission of a written request, and after review of the most current CMAP Operating Budget by the City Manager, and in accordance with the timeline specified in Section 17 of this Agreement. 1 NOTE: $4,700 is the quarterly proportion of the City of Hollister's current annual budgeted amount to support local programming in the City ($18,800 for the 2001 fiscal year). By way of illustration, if the City of Hollister received $33,000 in franchise fees from Charter in the 3rd quarter of base year 2000 and $34,000 in the 3rd quarter of 2001, CMAP Funding for the 3rd quarter of 2001 from the City of Hollister would be $5,200 (Le., $4,700 + 50% of $1 ,000 [$34,000 - $33,000]). 13 3. CMAP may request amendments to the Cities' funding formulas at any time. Such amendments to this Section 14.B of this Agreement may be adopted if mutually agreed upon by the Cities and CMAP. C. Physical Space for the PEG Access Center. The franchise agreements between the Cities and Charter state that the PEG access center shall be located at Gavilan College. The specific space to be provided shall be adequate to meet the square footage and operational requirements for a PEG access center, and shall be mutually agreed upon by Gavilan College and CMAP. SECTION 15. ANNUAL PLAN AND BUDGET. A. On or before August 15th of each year in which this Agreement is in effect, the Cities of Gilroy and Hollister shall provide CMAP with an estimate of the funds that will be available to CMAP for the upcoming fiscal year, using the funding formulas in Section 14.B of this Agreement. As used herein, the fiscal year begins on January 1 and ends on December 31. B. 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. 14 SECTION 16. EXPENDITURE OF FUNDS. CMAP shall spend funds received from the Cities of Gilroy and Hollister 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 of Gilroy and Hollister 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 17. RECEIPT OF APPROVED FUNDING. For each year in which Grantee has submitted the Annual Plan and Budget to the Cities as required under Section 15 of this Agreement, the Cities of Gilroy and Hollister shall make quarterly payments to CMAP. Those payments shall be made on or before February 15, May 15, August 15, and November 15. The amounts paid to CMAP by these Cities shall be calculated by using their respective funding formulas as specified in Section 14.B of this Agreement. SECTION 18. 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 19. TERM OF AGREEMENT. This Agreement shall be for a period of five (5) years commencing on ~, 2001 and ending on ~t'A'Y\~ J4 , 2006 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 21 of this Agreement. 15 SECTION 20. 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. 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. The Cities may also terminate this Agreement at the expiration of its term, or any extension thereof. C. 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. All such transferred items shall be used by the Cities for PEG access purposes. SECTION 21. EXTENSION OF AGREEMENT. This Agreement may be renewed or extended for additional periods of five (5) years each, pursuant to the following process: A. If CMAP seeks an extension it shall submit a letter of request to the Cities no later than fifty-six (56) months after the effective date of the Agreement. B. The Cities shall respond to CMAP's letter of request for an extension of the Agreement within ninety (90) days of the date of said letter. If the Cities intend to refuse to extend the Agreement, they shall explain the reasons for this decision in their response to CMAP. The Cities may not refuse to extend the contract based upon a failure of CMAP to comply with the terms of this Agreement unless the Cities have provided CMAP a notice of its failure to comply with the terms and the opportunity to cure said noncompliance. 16 SECTION 22. TIME. Time is of the essence in this Agreement and for the performance of all covenants and conditions of this Agreement. SECTION 23. COOPERATION. Each party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement. SECTION 24. APPLICABLE LAW. This Agreement shall be interpreted and enforced under the laws of the State of California. SECTION 25. 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 of (hlmv . . 7351 Rosanna Str~d Gilrov. CA 95020 To the City of Hollister: Citv of Hnllister 375 Fifth Slrl:d Hollister, CA 95023 To the City of San Juan Bautista: Citv of San Juan Bautista P.O. 80xl420 San Juan Bautista. CA 950.:.15 To CMAP: Any party may change its address by written notice to the other parties at any time. 17 SECTION 26. 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. By: ',"" "") / CIT ~~ CITY OF HOLLISTER, a municipal corporation By: F 70' ~A~ C ' Date: By: UTIST A, a municipal corporation ) Date: COMMUNITY MEDIA ACCESS PARTNERSHIP OF SOUTHERN SANTA CLARA AND SAN BENIT IES, a nonprofit corporation By: Date: 18 RESOLUTION NO. 2001 - 173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE EXECUTION OF THE AGREEMENT WITH COMMUNITY MEDIA ACCESS P ARTNERSmp OF SOUTHERN SANTA CLARA AND SAN BENITO COUNTIES (CMAP) FOR CABLE ACCESS SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOLLISTER, that the Mayor of the City of Hollister be and is hereby authorized and directed, for and on behalf of the City of Hollister and as its act and deed, to execute the Agreement with Community Media Access Partnership of Southern Santa Clara and San Benito Counties (CMAP) to provide public, education and government (PEG) cable access services. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Hollister, California, on the 17th day of September, 2001 by the following vote: A)1ES: Councilmembers Bruscia, Conroy, LoBue, Valdivia and Mayor Corrales NOES: None ABSENT: None ABSTAIN: None ~o~ OVE~AS1/~ ELAINE M. CASS, City Attorney DUPLICATE OF ORIGINAL ON FILE IN THE OFFICE OF THE CITY CLERK CITY OF HOLLISTER