HomeMy WebLinkAbout2001-206
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RESOLUTION NO. 2001-206
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE MAYOR OF THE CITY OF SAN BERNARDINO TO
EXECUTE A CABLE NETWORK PROGRAM PRODUCTION
AND TRANSMISSION AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND THE FOUNDATION OF
CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
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WHEREAS, the City of San Bernardino ("City") operates a Public, Education and/or
Government channel via its local cable franchise; and
WHEREAS, the City would like to provide the public with more locally originated
programming focusing on regional interests and concerns via the City's Public, Education and/or
Government channel; and
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WHEREAS, California State University, San Bernardino ("University") wishes, as part of
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its public service mission, to offer relevant informational and educational television programming
to the public in the greater San Bernardino Valley area; and
WHEREAS, at the regular Mayor and Common Council meeting of May 21, 2001, the
Mayor of the City of San Bernardino was authorized to execute a Memorandum of Understanding
between the City of San Bernardino and California State University, San Bernardino whereby the
City and the University will direct and coordinate the production and transmission of programming,
including, but not limited to, business, community, cultural and news programs as well as
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educational courses and distance learning, which will be appropriate for cablecast on the City's
Public, Education and/or Government channel during specified time slots; and
WHEREAS, the City and the University wish to further memorialize their arrangement by
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entering into a Cable Network Program Production And Transmission Agreement, a copy of which
is attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in its entirety,
NOW, THEREFORE, be it resolved by the Mayor and Common Council of the City of San
Bernardino as follov;s:
SECTION 1. That the Mayor of the City of San Bernardino is authorized to execute the
afore-mentioned Cable Network Program Production And Transmission Agreement between the
City of San Bernardino and the Foundation of California State University, San Bernardino,
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2001-206
I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE MAYOR OF THE CITY OF SAN BERNARDINO TO
2 EXECUTE A CABLE NETWORK PROGRAM PRODUCTION
AND TRANSMISSION AGREEMENT BETWEEN THE CITY OF
3 SAN BERNARDINO AND THE FOUNDATION OF
CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular
meetin
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thereof, held on the 18th day of June
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COUNCIL MEMBERS: AYES NAYS
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ESTRADA X
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LIEN X
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MCGINNIS X
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SCHNETZ X
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SUAREZ X
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ANDERSON X
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MCCAMMACK X
IS
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,2001, by the following vote, to wit
ABSTAIN ABSENT
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~JJ.~~
TY CLERK
The foregoing Resolution is hereby approved this '2 '2",d day of
June
, 2001.
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JUDITH V AL~ES, Mayor
City of San Betnardino
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Approved as to form and
23 legal content:
24 JAMES F, PENMAN,
City Attorney
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26 By: L.S' 1-. f~
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2001-206
CABLE NETWORK PROGRAM PRODUCTION
AND TRANSMISSION AGREEMENT
The City of San Bernardino ("City") and California State University, San Bernardino ("University")
have entered into a Memorandum of Understanding whereby the University's management of the
cable network operation will not infringe upon the City's ability to manage its equipment, personnel,
and budget for locally-originated programming and contract services, Said Memorandwn of
Understanding is incorporated herein by reference as if set forth in its entirety. Consistent with and
in furtherance of said Memorandwn of Understanding, the City of San Bernardino ("City") and the
Foundation of California State University, San Bernardino ("Foundation") enter into this Agreement
to provide for the production and transmission of informational, educational, and cultural
programming for a cable network consortiwn of community channels in participating cities of the
San Bernardino valley. For this purpose, City and Foundation agree as follows:
L Foundation and City shall cooperate in the sharing of personnel and resources to produce
informational, educational, and cultural programming to be broadcast on community
channels in participating cities of the San Bernardino valley. The programs produced shall
be compatible with broadcasting on the public, education and government channels and of
interest and value to the communities of the San Bernardino valley. The objectives of
Foundation and City will be to produce sufficient programming to fill Network prime time
programming hours.
II. Foundation and City shall each contribute equipment, facilities, and personnel to produce and
distribute the cable television programming and shall collaborate on the scheduling and use
of equipment, facilities and personnel to produce and distribute the programming, City shall
seek to contribute approximately one third of its KCSB- TV3 personnel hours for Network
prime time programming.
III. Foundation shall oversee the production and distribution of Network prime time
programming for the cable network. For use in this document, Network prime time
programming hours shall be defined as Sundays through Thursdays from 7:00 p.m, to ] I
p,m, Non-network programming, production and operations shall remain under the control
of the Cable Television Manager of the City, Consistent with the provisions contained in the
afore-mentioned and incorporated by reference Memorandwn of Understanding, in the City's
discretion, showing local cablecasts take precedence over showing Network prime time
programmmg,
IV, Employees of KCSB-TV3 shall remain solely City employees with salary and benefits
continuing to come to them from City; Foundation employees shall remain solely Foundation
employees with salary and benefits continuing to come to them from Foundation; and
CSUSB employees shall remain solely university employees with salary and benefits coming
to them from the state.
V, City equipment shall continue to belong to and be maintained solely by City and Foundation
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2001-206
equipment will continue to belong to and be maintained solely by Foundation.
VI. Foundation shall locate its television equipment and personnel in the studios of KCSB- TV3
for an undetermined length of time and City shall provide suitable space for the cable
network's equipment, personnel, and program production operations, The cable television
network equipment and personnel and program production operations shall relocate to the
campus of California State University, San Bernardino at such time as suitable space is
available, At that time, if the City chooses, the University will make available on campus
appropriate studio space for KCSB-TV3.
VII. All revenues generated from sponsored programs and underwriting designated for the cable
television network shall be deposited with the Foundation and shall be used by the
Foundation for the production and transmission of network programming. In those cases that
the City has secured underwriting and/or contract service revenue for programming it
produces outside of the network's operation, the City shall retain said revenue.
VIII. Either City or Foundation may withdraw from this Agreement upon 180 days written notice
to the other.
By signing below, City and foundation manifest their agreement to all of the foregoing provisions.
Dated: Jl'" "' Z'?; <: (( I
By
Its
Dated:
~V~I ~7
FOUNDATION~
By a/~
1) ,-f /~
Its ~
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
WHEREAS, the City of San Bernardino (hereinafter "CITY") operates a Public, Education and/or
Government channel via its local cable franchise; and
WHEREAS, the CITY would like to provide the public with more locally originated programming
focusing on regional interests and concerns via the CITY's Public, Education and/or Government
channels; and
WHEREAS, California State University, San Bernardino (hereinafter the "UNIVERSITY")
wishes, as part of its public service mission, to offer relevant informational and educational
television programming to the public in the greater San Bernardino Valley area; and
WHEREAS, the CITY and the UNIVERSITY desire to enter into this Memorandum of
Understanding (hereinafter the "MOU") whereby the UNIVERSITY and the CITY will direct and
coordinate the production and transmission of programing, including, but not limited to, business,
community, cultural and news programs as well as educational courses and distance learning, which
will be appropriate for cablecast on the CITY's Public, Education and/or Government channel during
specified time slots, The UNIVERSITY's management of the cable network operation will not
infringe upon the CITY's ability to manage its equipment, personnel, and budget for locally-
originated programing and contract services;
NOW THEREFORE, the CITY and the UNIVERSITY agree as follows:
I. The CITY and the UNIVERSITY shall cooperate with and among each other in order
for the CITY to make avail&ble to the UNIVERSITY designated and agreed-to time slots every day
on the CITY's Public, Education and/or Government channel for programing produced for regional
viewership and coordinated by the UNIVERSITY, The designated and agreed-to time slots are as
follows: Monday through Sunday from 7-11 P.M., year-round, as much as is needed for available
programing; and possible additional programing during other hours of the day to be determined by
the CITY.
2. These designated time slots will insure that all viewers will have access to the same
programing virtually at the same time, except when, in the CITY's discretion, local cablecasts take
precedence over UNIVERSITY programing. In this manner, a network will be created for the
greater San Bernardino Valley community (hereinafter "NETWORK").
3, To the extent they bear no burden of costs related thereto, and to the extent they are able
to make Public, Education and/or Government channel access available, the CITY shall make such
time slots available at no cost to the UNIVERSITY,
4. Each of the parties hereto shall be free to withdraw from this MOU at its sole and absolute
discretion if at least ninety (90) days written notice is given to all other parties hereto,
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5. An advisory board will be created to provide advice on the continuing development of
NETWORK programming, Said board shall consist of one representative from the CITY and one
from other participating cities,
6. The UNIVERSITY and the CITY shall coordinate use of personnel, equipment, facilities,
and operations necessary to produce programing and transmission for regular cablecasting on the
NETWORK to include some interactivity between the programs and viewers,
7, The CITY shall designate one staff member to be the contact for this MOO.
8, The UNIVERSITY shall be responsible for damages caused by the acts or omissions of
its officers, employees, or agents that occur in relation to this MOO, Likewise, the CITY shall be
responsible for damages caused by the acts or omissions of its officers, employees, or agents that
occur in relation to this MOO.
9. This MOO may be amended in writing by the mutual agreement ofthe UNIVERSITY and
the CITY.
By signing below, the UNIVERSITY and the CITY manifest their agreement to all ofthe foregoing
provision of this MOO.
CALIFORNIA STATE UNIVERSITY,
SAN BERNARDINO
By {lj4j(~
Date: ~ J / U J'l.-
ATTEST:
Approved as to form
and lega conte t:
~,~
Cit lerk
By:
Approved as to form
and legal content:
JAMES F, PENMAN,
City Attorney
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