Agenda Item
Meeting Date: 2/22/2018 - 6:30 PM
Category: Report of the Committee on Accountability, Finance, and Personnel
Type: Action
Subject: 14. Action on a Request to Enter into a Programming and Services Agreement with Radio Milwaukee, Inc., Relating to the District's Radio Station, WYMS
Strategic Plan Compatibility Statement:
Goal 1
Academic Achievement
Policy: Admin Policy 3.09 - Purchasing and Bidding Requirements
Attachments: 1. Programming and Services Agreement
2. Redlined Management Agreement
File Attachment:
RED LINED PROGRAMMING AND SERVICES AGREEMENT Feb 2018 to 2004 Management Agreement.pdf
Background: The Administration is requesting authorization to enter into a Programming and Services Agreement with Radio Milwaukee, Inc. f/k/a Radio for Milwaukee, Inc. (“RMI”), relating to the District’s noncommercial educational FM radio broadcast station, WYMS, 88.9 MHz, Milwaukee, Wisconsin, FCC Facility ID No. 42669. This agreement will replace, in its entirety, the Management Agreement between the parties dated November 29, 2004.

The parties have renegotiated the 2004 Management Agreement as a result in revisions to FCC rules concerning main studios for broadcast stations. The renegotiated agreement was drafted by retained counsel, Marissa Repp of the Repp Law Firm, who has particular expertise in the FCC regulations to which the radio station and this Agreement are subject. The City Attorney’s office has also reviewed the Agreement and stated it has no additional recommended revisions.

The changes are summarized as follows:
• The name of the agreement has changed from “Management Agreement” to “Programming and Services Agreement” to reflect the District’s maintenance of ultimate control over WYMS.
• Revisions reflecting that the FCC no longer requires radio stations to maintain an official main studio.
• Revisions reflecting the FCC’s shift to an online public inspection file versus paper files maintained at the station’s main studio.
• Revisions to the fundraising provisions to confirm they comply with FCC policies.
• Revision of accounting provisions to confirm that revenues raised by WYMS are the property of the District and will be used for WYMS expenses.
• Omission of insurance provisions for the District, as the District is self-insured.
• Board meetings aired over WYMS will include regularly scheduled and special meetings of the full Board (not committee meetings).
• RMI will continue to provide educational and training programs to the District, which are outlined in Attachment B of the Agreement.
• RMI will maintain a right of first refusal during the term of the Agreement, allowing RMI to meet the terms of any third-party offer for the purchase of WYMS.

The Term of the Agreement runs through December 31, 2018 (the current term of the Management Agreement), with two subsequent auto-renewing extensions of eight (8) years each. Either party may give notice of non-renewal upon 180 days written notice prior to the end of the current term.
Fiscal Impact Statement: There are no expenditures associated with this item.
Implementation and Assessment Plan Once approved by the Board, the Programming and Services Agreement with Radio Milwaukee, Inc. will be executed.
Recommendation: Your Committee recommends that the Board approve the proposed Programming and Services Agreement between the District and Radio Milwaukee, Inc.
Recommended By:
Signed By:
Dr. Jacqueline M. Mann - Board Clerk/Director