03.09 Production of Local Cable Programming OF �I�
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April 9, 2019
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: Robert Zornado ief Clerk��e�
REVIEW: City Manag inance ���t�
1 . SUBJECT
Agreement with Chapman University for the Production of Local Cable Programming.
2. SUMMARY
This agreement provides for the continued public-private partnership between the City of
Orange and Chapman University for local cable television origination programming to the
community, for a five-year period ending March 31, 2024. '
3. RECOMMENDED ACTION
Approve agreement with Chapman University in the amount of $900,000 for the
production of local cable programming and authorize the Mayor and City Clerk to execute
on behalf of the City.
4. FISCAL IMPACT
The total expenditure for this agreement is $900,000 with five annual payments of
$180,000 and will be funded through Public Education and Government (130).
5. STRATEGIC PLAN GOALS
�oal 3: Enhance and promote quality of life in the community
e: Develop and strengthen collaborative partnerships to enhance and promote quality
of life programs, projects, and services.
6. DISCUSSION AND BACKGROUND
� Historically, cable service providers had to obtain a franchise agreement from each local
agency in which they intend to provide service. The City had a local cable franchise with
Time Warner and Cox Communications for many years until the California's Digital
Infrastructure Competition Act (DIVCA) became effective January 1, 2007. DIVCA
authorized cable television operators to obtain a state franchise replacing local
franchises. By 2010, Time Warner, Cox, and AT&T had submitted their applications for
a state franchise for areas covered by the City of Orange franchise agreements.
Therefore, with no local franchise, cable operators were no longer required to provide
ITEM 3,� 1 04/09/2019
local programming. However, DIVCA requires video operators to fund PEG (Public
Education and Government) equipment.
Staff worked with Chapman University (Chapman) to establish a unique cable
programming partnership that has been in effect since January 1, 2011. This has proven
to be a successful partnership between the City and Chapman for the past eight years.
Over this time period, the partnership has provided local origination programs to the
community and afforded Chapman broadcast students the opportunity to operate a local
channel. Chapman students, via this agreement, produce in excess of 55 local origination
The City's funding commitment to this agreement derives from PEG fees the City of
Orange collects from the cable companies and their use is restricted to equipment only,
per state legislation. PEG money can only be used to purchase equipment and for
maintenance of equipment. Staff cannot be paid through PEG funds. Chapman provides
the support for Channel 3 and Channel 6 programming at no cost to the City. The City
received approximately $290,000 from PEG fees last year. The annual cost of the
agreement is $180,000.
The following are key terms for this agreement:
• Term of agreement will be April 1, 2019 — March 31, 2024, with appropriate
termination language.
• A $45,000 per quarter grant will be provided to Chapman and will be used for the
purchase and maintenance of production broadcast equipment. The $45,000
quarterly grant breaks down to $25,000 for production equipment and $20,000 for
capital acquisition.
• Chapman will produce an annual report by September 1St of each year providing
documentation for all equipment purchased with the grant.
• Chapman and the City must mutually agree on the purchase of any capital
purchase over $100,000.
• Broadcast services provided by Chapman students include: Monthly City Council
meetings, Bi-monthly Planning Commission meetings. Annual events, State of the
City, Rotary Car Show, 3�d of July, Treats in the Streets, Tree lighting, etc.
While not part of the agreement, Chapman manages and operates the City's Local
Access Channel 6 which currently airs 1,800 hours of locally originated programming on
a 24/7 schedule. Chapman produces over 30 hours of live programming on Channel 6
every year including local sports, election night coverage, and Chapman news.
Staff recommends approval of this five-year agreement as it provides continuation of this
unique cable programming partnership.
7. ATTACHMENT
• Attachment A—Agreement for Production of Local Cable Programming
ITEM 2 04/09/2019
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AGREEMENT FOR THE PRODUCTION
OF LOCAL CABLE PROGAMMING
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made at
Orange, California, as of , 2019 (herein referred to as the "Effective Date")
by and among the CITY OF ORANGE, a municipal corporation ("City") and CHAPMAN
UNNERSITY, a California nonprofit 501(c)(3) (the "Contractor"), with its principal office for
purposes of this Agreement at One University Drive, in the City of Orange, State of California,
with reference to the following:
The City desires to have the Contractor produce local origination programming for the
City's Local Access Charuiel6 and Government Access Channel 3 to provide the broadcasting of
local origination programs that promote the community and keep the residents of the City informed
on matters of significance to the community.
NOW,THEREFORE,the City and Contractor agree as follows:
1 Scope of Work. Subject to the terms and conditions set forth in this Agreement,
Contractor shall provide to the reasonable satisfaction of City, the services set forth in Exhibit A,
which are attached hereto and incorporated herein by this reference. All services provided shall
conform to all federal, state and local laws, rules and regulations. The terms and conditions set
forth in this Agreement shall control over any terms and conditions in Exhibit A to the contrary.
Channel 6 shall be operated and programmed by Contractor subject to the terms and
conditions set forth in this Agreement. Contractor shall provide to the reasonable satisfaction of
City the production and broadcasting services set forth in Exhibit A, which is attached hereto and
incorporated herein by this reference (hereafter referred to as the "Broadcast Services").
Contractor represents that it is experienced in perfoiming the Broadcast Services and will perform
them in a manner consistent with those further defined in Exhibit B.
All Broadcast Services provided shall conform to all applicable federal, state and local
laws, rules and regulations. The terms and conditions set forth in this Agreement shall control
over any terms and conditions in Exhibit A to the contrary.
2 Compensation and Fees. City shall provide Contractor with a grant in the amount
of TWENTY FIVE THOUSAND DOLLARS and 00/100 ($25,000.00) per quarter to be used for
purchase and maintenance of production and broadcast equipment and distribution of local-
origination programming for Channel 6. In addition, the City shall provide a grant in the amount
of TWENTY THOUSAND DOLLARS and 00/100($20,000.00)per quarter for the establishment
of a "Capital Acquisition Fund" to acquire capital assets, such as Mobile Video Production
equipment which allow for mobile production capabilities. This grant amount must be kept in a
separate account by Contractor. Furthermore, the City and Contractor must mutually agree on the
purchase of any capital asset with a value of over ONE HUNDRED THOUSAND DOLLARS
and00/100($100,000.00)that will be used for the production of local programs. These Grants will
be paid in accordance with the schedule in Exhibit C. The parties acknowledge that payment by
the City of the grant funds shall be contingent upon the City receiving sufficient public,educational
and government fees ("PEG Fees") that are paid by cable television providers to the City under
their state franchises, which the City will not pay and Contractor shall not seek funding from any
other City source. If the PEG Fees are insufficient to meet the grant obligations of the City, then
Contractor may terminate this Agreement, or in agreement with the City amend this Agreement,
without waiting the 60-day period. Contractor shall produce an annual report to the City by
September ls` each year which provides documentation for the equipment purchased through the
equipment grant.
Except as provided herein,Contractor shall have the exclusive right to program and operate
Channel 6. The City has the right to pre-empt or substitute Channel 6 programs on an as needed
basis. The City agrees to assign a City liaison to act as a direct liaison with Contractor as it pertains
to the operation of Channel 6.
3. Reserved.
4. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be inade unless and until such extra services
and a price therefor have been previously authorized in writing and approved by the City as an
amendment to this Agreement. The amendment shall set forth the changes of work, extension of
time for preparation and adjustment of the fee to be paid by City to Contractor.
5� Licenses. Contractor represents that it and any subcontractors it may engage
possess any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Contractor and subcontractors, if any, shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
� Independent Contractor. At all times during the term of this Agreement,
Contractor shall be an independent contractor and not an employee of City. City shall have the
right to control Contractor only insofar as the result of Contractor's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and
expense, furnish all facilities, materials and equipment, which may be required for furnishing
services pursuant to this Agreement. Contractor shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees,including compliance with social security,withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that Contractor and any subcontractors, agents or employees employed
by Contractor shall not, under any circumstances, be considered employees of the City, and that
they shall not be entitled to any of the benefits or rights afforded employees of the City, including,
but not limited to, sick leave, vacatioii leave, holiday pay, Public Einployees Retirement System
benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
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7. Contractor Not Agent. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act oii behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, to bind City to any obligation
whatsoever.
8 Desi�nated Persons. Only those persons designated in Exhibit "A", if any, shall
perform work provided for under this Agreement provided that it is understood by the parties that
clerical and other nonprofessional work may be performed by other employees ofContractor.
9 Assi�nment or Subcontractin�. No assignment or subcontracting by Contractor
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has had the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his designee.
1Q Time of Comnletion. The term of this Agreement shall be for a five(5)year period
commencing April 1, 2019 and ending March 31, 2024, unless amended in writing by the Parties
or terminated in accordance with the provisions of Section 19.
11. Time Is of the Essence. Time is of the essence in this Agreement. The parties
shall do all things necessary and incidental to the prosecution of the work under this Agreement.
12 Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control, other than those delays that are caused by the City, shall be an extension of time. No
matter what the cause of the delay, Contractor must document any delay and request an extension
of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall
be limited to the length of the delay outside Contractor's control. If Contractor believes that delays
caused by the City will cause it to incur additional costs, it inust specify, in writing, why the delay
has caused additional costs to be incurred and the exact amount of such cost at the time the delay
occurs. No additional costs can be paid that exceed the not to exceed ainount absent a written
amendment to this Agreement.
14� Reserved.
15. Equal EmploYment OpUortunity. During the performance of this Agreement,
Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin or mental or physical disability.
Contractor shall ensure that applicants are employed and that employees are treated during
employment,without regard to their race,color,religion,sex,national origin,or mental or physical
disability. Such actions shall include,but not be limited to the following: einployment,upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or
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other forms of compensation and selection for training, including apprenticeship. Contractor
agrees to post in conspicuous places, available to employees and applicants for employment, a
notice setting forth provisions of this non-discrimination clause.
h Contractor shall, in all solicitations and advertisements for employees
placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration
for employment without regard for race, color, religion, sex, national origin, or mental or physical
disability.
c Contractor shall cause the foregoing paragraphs (a)and(b)to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
1� Conflicts of Interest. Contractor agrees that it shall not make, participate in the
inaking, or in any way attempt to use its position as a contractor to influence any decision of City
in which Contractor knows or has reason to know that Contractor, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a To the fullest extent permitted by law, Contractor agrees to indemnify,
defend and hold the City, its City Council and each member thereof, and the officers, employees
and representatives of the City (herein referred to collectively as the "Indemnitees") entirely
harmless from all liability arising out of:
(1) Any and all claims under worker's compensation acts and other employee
benefit acts with respect to Contractor's employees or Contractor's contractor's
employees arising out of Contractor's work under this Agreement; and
(2) Any claim, loss, injury to or death of persons or damage to property caused
by aily act, neglect, default, or omission other than a professional act or omission
of the Contractor,or person,firm or corporation employed by the Contractor,either
directly or by independent contract, including all damages due to loss or theft
sustained by any person, firm or corporation including the Indemnitees, or any of
them, arising out of, or in any way connected with the work or services which are
the subject of this Agreement, including injury or damage either on or off City's
property; but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of City. The Contractor, at Contractor's own
expense, cost and risk, shall indemnify any and all claims, actions, suits or other
proceedings that may be brought or instituted against the Indemnitees on any such
claim or liability covered by this subparagraph, and shall pay or satisfy any
judgment that may be rendered against the Indemnitees, or any of them, in any
action, suit or other proceedings as a result of coverage under this subparagraph.
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h Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of anykind to
any person or entity which is not a signatory to this Agreement.
c The indemnitees set forth in this section shall survive any closing,
rescission, or termination of this Agreement, and shall continue to be binding and in full force and
effect in perpetuity with respect to Consultant and his successors.
18 Insurance.
a Contractor shall carry workers compensation insurance as required by law
for the protection of its employees during the progress of tlie work. Contractor understands that it
is an independent contractor and not entitled to any worker's compensation benefits under any City
program.
b. Contractor shall maintain during the life of this Agreement, comprehensive
general liability insurance or commercial general liability insurance written on an occurrence basis
providing for a combined single limit of$2 million for bodily injury, death and property damage.
c Contractor shall maintain during the life of this Agreement, automotive
liability insurance on a comprehensive form covering all owned,non-owned and hired automobiles
providing for a combined single limit of$1,000,000 for bodily injury, death and property damage.
d Each policy of general liability and automotive liability shall provide that
City, its officers, agents, and employees are declared to be additional insureds under the terms of
the policy, but only with respect to the work performed by Contractor under this Agreement. A
policy endorsement to that effect shall be provided to the City along with the certificate of
insurance, which endorsement shall be on Insurance Services Office, Inc. Form CG 20 10 10 O1.
In lieu of an endorsement, the City will accept a copy of the policy(ies) which evidences that the
City is an additional insured as a contracting party.
e The insurance policies maintained by Contractor shall be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than
as stated above.
� Before Contractor performs any work or prepares or delivers any materials,
Contractor shall furnish certificates of insurance and endorsements,as required by City,evidencing
the aforementioned general liability and automotive insurance coverages on forms acceptable to
City. Contractor agrees that the insurance in force will not be canceled or allowed to lapse without
at least ten (10) days prior written notice to City.
� Except for professional liability insurance coverage that may be required by
this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to
conduct the pertinent line of insurance business in the State of California and having a rating of
Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide.
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h Contractor shall immediately notify the City if any required insurance
lapses or is otherwise modified and cease performance of this Agreeinent unless otherwise directed
by the City. In such a case, the City may procure insurance or self insure the risk and charge
Contractor for such costs and any and all damages resulting therefrom, by way of set-off from any
sums owed Contractor.
i Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to the City, on behalf of any insurer providing insurance to either the
Contractor or to the City with respect to the services of Contractor herein, a waiver of any right to
subrogation which any such insurer of said Contractor may acquire against the City by virtue of
the payment of any loss under such insurance.
j. Contractor shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to the City
for review and approval. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
19 Termination. The City, acting through its City Manager or designee,or Chapman,
acting through its Executive Vice President and Chief Operating Officer, reserve theright to
tenninate this Agreement for any reason by providing a 60 day written notice of intent to terminate.
Any grant funds due and owing under this Agreement shall be prorated to the date of the
termination. Neither party shall be liable to the other party for any claim of lost profits, damages,
attorneys' fees, or costs of any kind whatsoever, due to termination of clause. The City shall not
be liable for any claiin of lost profits.
20 Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Contractor and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
"records")pertaining to the costs of and completion of services performed under this Agreement.
The City and any of their authorized representatives shall have access to and the right to audit and
reproduce any of Contractor's records regarding the services provided under this Agreement.
Contractor shall maintain all such records for a period of at least three (3) years after termination
or completion of this Agreement. Contractor agrees to inake available all such records for
inspection or audit at its offices during normal business hours and upon reasonable notice from the
City, and copies thereof shall be furnished if requested.
2L Compliance with all Laws/Immigration Laws.
a Contractor shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b. Contractor represents and warrants that Contractor:
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(1) Has complied and shall at all times during the term of this Agreement
comply, in all respects, with all immigration laws, regulations, statutes, rules,
codes, and orders, including, without limitation, the Immigration Reform and
Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services
under this Agreement who is ineligible to work in the United States or under the
terms of this Agreement; and
(3) Has properly maintained, and shall at all times during the term of this
Agreement properly maintain, all related employment documentation records
including, without limitation, the completion and maintenance of the Form I-9 for
� each of Contractor's employees; and
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(4) Has responded, and shall at all times during the tenn of this Agreeinent
i respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite
enforcement by the Department of Homeland Security, the Department of Labor,
or the Social Security Administration.
c Contractor shall require all subcontractors under this Agreement to make
the same representations and warranties as set forth in Section b.
d Contractor shall, upon request of the City, provide a list of all employees
working under this Agreement and shall provide, to the reasonable satisfaction of the City,
verification that all such einployees are eligible to work in the United States. All costs associated
with such verification shall be borne by the Contractor. Once such request has been made,
Contractor may not change employees working under this Agreement without written notice to the
City, accompanied by the verification required herein for such employees.
e Contractor shall require all subcontractors under this Agreement to make
the same verification as set forth in Section d.
f Any Contractor or subcontractor who knowingly employs an employee
providing work under this Agreement who is not authorized to work in the United States, and/or
fails to follow federal laws to determine the status of such employee shall constitute a material
breach of this Agreement and may be cause for immediate termination of this Agreement by the
City.
g The Contractor agrees to indemnify and hold the City, its officials, and
employees harmless for, of and from any loss, including but not limited to fines, penalties and
corrective measures,the City may sustain by reason of the Contractor's failure to comply with said
laws, rules and regulations in connection with the performance of this Agreement.
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22. Governin� Law and Venue. This Agreement shall be construed in accordance
with and governed by the laws of the State of California and Contractor agrees to submit to the
jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in
Orange County, California.
zi. Intesration. This Agreement constitutes the entire agreement of the parties. No
other agreement,oral or written,pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
.compensated.
24. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally or by first class mail, postage prepaid, to
each party at the address listed below. Either party may change the notice address by notifying
the other party in writing. Notices inay be sent by either e-mail or U,S. Mail. Notices shall be
deemed received upon receipt of same or within 3 days of deposit in the U.S. Mail, whichever is
earlier. Notices sent by e-inail shall be deemed received on the date of the e-mail transmission.
"CONTRACTOR" "CITY"
Chapman University City of Orange
One University Drive 300 E. Chapinan Avenue
Orange, CA 92866 Orange, CA 92866-1591
Attn.: Harold W. Hewitt Jr. COO Attn.: Rick Otto, City Manager
Telephone No.: 714-997-6717 Telephone No.: 714-744-2203
E-Mail Address: hhewitt@chapman.edu E-Mail Address: rotto@cityoforange.org
2S. Counterqarts. This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original, but all of which together shall constitute one and the saine
instruinent. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
[Remainder of page intentionally left blank;signatures on next pageJ
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IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
"CONTRACTOR" "CITY"
HAROLD HEWITT JR. COO CITY OF ORANGE, a municipal corporation
CHAPMAN UNIVERSITY
*By: By:
Printed Name: Mark A. Murphy, Mayor
Title:
ATTEST:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Gary A. Sheatz, City Attorney
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EXHIBIT"A"
BROADCAST SERVICES
l. Upon execution of this Agreement, Chapman University("Chapman") shall, at a minimum,
produce,direct and broadcast local origination programming as outlined in this Exhibit A in the
required statutorily defined standard of National Television System Committee (NTSC)
standard definition, but may in its sole discretion, provide such programming in higher
definition when available.
1.1 Chapman shall provide the City two final copies of the productions on Exhibit A within
30 days after the original program occurs and is videotaped by Chapman.
1.2 Chapman acknowledges that "programming and broadcasting of local origination
programming" as used in this Agreement shall mean all aspects of the production including but
not limited to staffing, writing, pre-production, post-production, directing, coordination and
broadcasting of said local cable programming including,but not limited to, day to day channel
programming and broadcasting.
1.3 Except for those permitting exclusions set forth in Section 21 of the Agreement,Chapman
shall obtain all licenses, permits and certificates, and insurance required for operation and
production of local access channel for content produced by Chapman.
1.4 Chapman shall provide City with an annual accounting of all funds received by Chapman
for video production and programming of Channel 6 as provided for in Section 2.
1.5 Chapman shall furnish all equipment and supplies and shall bear all other costs and
expenses reasonably necessary to carry out the purpose of this Agreement from the grant funds
provided in Section 2.
1.6 Chapman shall pay for all costs incurred for production of the local origination
programming as outlined in this Exhibit A and may at its discretion contract this service out
with the City's approval.
1.7 Chapman, on an as needed basis, shall assist the City in the review and recommendation
of needed audio visual equipment necessary for the production and live broadcasting of the
City related programming from the City's studio (Council Chambers). The cost of this
equipment will be paid for by the City using designated funding from the PEG Fees.
1.8 Chapman shall have video production qualified faculty, staff, alumni or other qualified
designees oversee the production of all local origination programming that is produced,
directed, edited by students to ensure compliance of all of the provisions of this agreement.
1.9 Chapman shall designate a qualified individual to serve as the Local Production Manager
for any and all inquiries with the operations of Channel6.
1.10 Chapman shall use its best efforts to ensure that students assigned to productions for
Channel 3 will be committed for two consecutive semesters. Students used to cover events
listed in "Exhibit A" maybe assigned on an ad hoc basis.
1.11 Chapman shall follow Digital Infrastructure Competition Act guidelines for local
origination, programming channels when allowing for recognition of program sponsors.
1.12 Chapman may develop a channel "image" for use to identify Channel6 to the community;
provided the City reviews the channel "image"
1.13 Annual Local and Cominunity Programming that will be produced by Chapman per this
agreement:
• State of the City
� Rotary Plaza Car Show
� One Concert in the Park
� Annual3`d of July event
a International Street Fair
� Mayor's Prayer Breakfast
� Treats in the Street
• Veteran's Day Event
• Tree lighting Ceremony
i Miss Orange competition
• Bi-monthly City Council Meetings
� Bi-monthly City Planning Commission Meetings
i The City may request up to three additional events for filming per year. Chapman
will make every effort to fulfill these requests with consideration given to available
resources.
� EXHIBIT"B"
Chapman University ("Chapman") shall produce and broadcast programs of the
highest possible standard of excellence on Local Access Channel 6 and Government Access
Channel 3 and for this purpose to observe the following regulations in the preparation,
writing and broadcasting of its programs.
L CONTROVERSIAL ISSUES. Any discussion of controversial issues of public
importance shall be reasonably balanced with the presentation of contrasting viewpoints in
the course of overall programming; no attacks on the honesty, integrity, or like personal
qualities of any person or group or persons shall be made during the discussion of
controversial issues or public importance; and during the course of political campaigns,
programs are not to be used as a forum for editorializing about individual candidates. If such
events occur, Chapman may require that responsive programmirig be aired.
IL NO PLUGOLA OR PAYOLA. The following business activities or "plugs", relating
to the payment, acceptance of payment,agreement to pay or agreement to accept payment of
money or other consideration is prohibited: (a) taking inoney, gifts or other compensation
from any person for the purpose of playing any record or records on the air;
(b) taking money, gifts or other compensation from any person for the purpose ofrefraining
from playing any record or records on the air; (c) taking money, gifts or othercompensation
from any person for the purpose of promoting any business, charity or other venture without
first informing Chapman's Production Manager and meeting all Federal Communications
Commission("FCC") broadcast rules and requirements for such activity, and(d)promoting
any business venture which is unconnected with Chapman on the air without first informing
the Production Manager and meeting all FCC rules and requirements for such activity.
III PROGRAMMING PROHIBITIONS. Chapman shall not broadcast any of the
following programs or announcements:
A.False Claims: False or unwarranted claims for any product or service.
B.Unfair Limitation: Infringements of another party's rights through plagiarism or
unfair iinitation of either program idea or copy, or any other unfair competition.
C.Commercial Programming: Any programs or announcements which solicit, directly
or indirectly, money or other consideration in exchange for goods or services of any
kind; any programs which solicit, directly or indirectly, money or other assets,
tangible or intangible, without consideration or promise of future consideration, by
any person or persons, association, organization or other group of any kind; or any
program which endorses, directly or indirectly, any product or service which is
offered in exchange for consideration, or any promise of future consideration, of any
kind, the proceeds of which inure to the benefit of any commercial enterprise.
D.Political Programming: Any program or announcement that would violate any
federal, state or local law imposing any restriction on a nonprofit organization or
government agency's participation or intervention, directly or indirectly, in any
political campaign on behalf of or in opposition to any candidate for public office.
E. Commercial Disparagement: Any disparagement of competitors or competitive
goods.
F. Indecency: Any programs or announcements that are slanderous, obscene, profane,
vulgar, repulsive or offensive, either in theme or in treatment. No programming that
would be considered harmful matter to minors as that term is defined in Penal Code
Section 313 shall be aired between the hours of 6 a.m. and 10 p.m.
G.Fraud: Any program or announcement which is intended to defraud the view or
designed to obtain money by false or fraudulent premises,representation or promises.
H.Price Disclosures: Any price mentions except as permitted by Chapman's policies
current at the time.
I. Unauthenticated Testimonials: Any testimonials which cannot be authenticated.
J. Descriptions of Bodily Functions: Any programming which describes, in a patently
offensive manner, internal bodily functions or symptomatic results of internal
disturbances, reference or to matters which are not considered acceptable topics in
social groups.
N RELIGIOUS PROGRAMMING RESTRICTIONS. Any programming broadcast by
Chapman is subject to the following restrictions:
A.Respectful of Faiths:The subject of religion and references to particular faiths,tenets,
and customers shall be treated with respect at all times.
B.No Denominational Attacks: Programs shall not be used as a medium for attack on
any faith, denomination, sect or upon any individual or organization.
V. NO ILLEGAL ANNOUNCEMENTS. No announcements or promotion prohibited by
federal or state law, or regulation of any lottery or game, shall be made over the Station. Any
game, contest, or promotion relating to or to be presented over Channels 3 or 6 must be fully
stated and explained in advance to Chapman, which reserves the right in its sole discretion
to reject any game, contest,promotion.
VL MISCELLANEOUS.
A.Waiver: Chapman may waive any of the foregoing regulations in specific instances
if, in its opinion, good broadcasting in the public interest is served.
B.Prior Consent: In any case where questions of policy or interpretation arise, station
employees or volunteers should submit the same to Chapman for decision before
making any commitments in connection therewith.
EXHIBIT C
Schedule of Equipinent Grant Payments
Production Capital
Acquisition
July 31, $25,000 $20,000
October 31, $25,000 $20,000
January 31, $25,000 $20,000
April 30, $25,000 $20,000
Over the five year term
of the contract.
Total $500,000 $400,000
CITY COLTNCIL MINUTES APRIL 9, 2019
3. CONSENT CALENDAR(Continued)
3.7 Agreement with the County of Orange for a Lead Forensic Specialist in the Police
Department through June 30,2022. (A2100.0; AGR-6447.3)
ACTION: Approved agreement and authorized the Mayor and City Clerk to execute on
behalf of the City.-
3.8 Consultant Services Agreement with Darren Doerschel for consulting and support
related to the Police Department Emergency Operations Center remodel.
ACTION: Approved the Agreement with Darren Doerschel in the amount of$17,100 for
professional services and authorized the Mayor and City Clerk to execute on behalf of the
City. (A2100.0; AGR-5921.D)
3.9 Agreement with Chapman University for production of Local Cable Programming.
ACTION: Approved the agreement with Chapman University in the amount of$900,000
for the production of local cable programming, and authorized the Mayor and City Clerk
to execute on behalf of the City. (A2100.0; AGR-5689.B)
3.10 Second Amendment to the Amended and Restated Agreement with North Net Joint
Powers Authority for North Net Fire Training Facilities. �
ACTION: Approved the amendment to agreement with North Net Joint Powers Authority
for North Net Fire Training Facilities, and authorized the Mayor and City Clerk to execute
on behalf of the City. (A2100.0; AGR- 0160.1.E.2)
3.11 First Amendment to Attorney Services Agreement with the law firm of Nielsen
Merksamer Parrinello Gross & Leoni to provide legal services related to litigation
defense in the matter of Southwest Yoter Registration Education Project, et al., v. City
of Orange. (A2100.0; AGR-6751.1)
ACTION: 1) Approved a First Amendment to Attorney Services Agreement with Nielsen
Merksamer Parrinello Gross&Leoni in the amount of$250,000;and authorized the Mayor
and City Clerk to execute on behalf of the City; and 2) Authorized the appropriation of
$250,000 from the General Fund unreserved fund balance to expenditure account number
100.0301.51600.00000, General Fund—Legal Services.
3.12 Appropriation of$30,400 in designated donation funding received from the Friends
of the Orange Public Library. (C2500.I)
ACTION: 1)Accepted into the city's revenue budget$30,400 in donations from Friends of the
Orange Public Library, revenue account number 100.2001.48390.19990, Donations—Friends
of the Library; and 2)Authorized the appropriation of$30,400 to Friends of the Orange Public
Library(#19990)to the following expenditure account numbers:
100.2001.53301.19990, Library Books $6,750
100.2001.53340.19990, Craft Supplies 2,000
, 100.2004.51423.19990, Maintenance Contracts 7,400
100.2004.53910.19990, Minor Office Equipment 750
100.2014.53910.19990,Minor Office Equipment 500
100.2016.51670.19990, Other Prof. &Consulting 5,000
100.2016.53340.19990, Craft Supplies 3,500
100.2017.53340.19990, Craft Supplies 4,500
$30,400
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