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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: City Administrator's Office
Subject: Resolution authorizing the
Mayor to execute a Memorandum of
Understanding with California State
University, San Bernardino, establishing
a partnership for the production and
broadcast of community television
programming content
From: Lori Sassoon, Assistant City
Administrator
Date: January 19, 2006
MICC Meeting Date: February 6, 2006
Synopsis of Previous Council Action:
July 21,2005 - Mayor and Council adopt Resolution 2005-253 authorizing the execution of a purchase
agreement with the Foundation for Cal State San Bernardino for the purchase of certain television
broadcast equipment
Recommended Motion:
Adopt resolution.
ftJjLJ
Signature
Contact person: Lori Sassoon
Phone:
5122
Supporting data attached: stFlff report resolution Ward: all
FUNDING REQUIREMENTS:
Amount: none
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
;}DD6 . >1
Agenda Item No. -9
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STAFF REPORT
Subiect:
Resolution authorizing the Mayor to execute a Memorandum of Understanding with
California State University, San Bernardino, establishing a partnership for the production and
broadcast of community television programming content
Backl!round:
Several years ago, the City entered into an MOU with the Foundation for California State
University, San Bernardino (Foundation) in order to establish the Inland Communities
Television Network (ICTN). The Foundation's vision for ICTN was to provide a locally-
produced television news broadcast that would be aired by all the cities in the county on their
cable access channels. Working with the region's cable companies, grant funds obtained by
the Foundation were used to construct and equip a news studio in the City's studio facility,
and to provide the infrastructure that allowed the news to be broadcast live to all the cities on
the network via Channel 3.
Unfortunately, ICTN did not prove to be financially viable in the long run. In February
2005, the network ceased operations, and the news equipment was moved to the Cal State
campus. The City negotiated to purchase the equipment it was using from the Foundation so
that Channel 3 operations were not adversely impacted.
In late 2005, the University approached the City with a proposal to establish a new
partnership for the production and broadcast of community television programming content.
This new partnership has been outlined in the proposed Memorandum of Understanding,
which has a term of four (4) years.
Through this new partnership, the City and University will work together to produce and air
programming of interest to the community. Many programs will likely be produced on the
University campus, and then aired on Channel 3. Other programs will be produced in the
City's studio facility. The MOU also includes a reimbursement mechanism to help cover the
City's costs for scheduling and airing this programming. Ultimately, the University hopes to
establish new partnership agreements with the other cities in the County that will allow these
cities to air this University-sponsored programming that can be transmitted to other cities via
Channel 3.
The proposed partnership will benefit the community by providing additional quality
programming, capitalizing on the resources of CSUSB. The University benefits from having
access to a cable TV channel on which to air its programming, and from use of the City's
studio and editing facilities.
Financial Impact:
There is no cost to the City. In accordance with Section 3 of the MOU, should the University
and City agree to air programming in excess of20 hours per week, the University will
reimburse the City at the rate of $15.00 per hour for its staff costs associated with scheduling
and programming.
Recommendation:
Adopt resolution
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3 RESOLUTION OF THE 1\1 A YOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH CALIFORNIA STATE
UNIVERSITY, SAN BERNARDINO, ESTABLISHING A PARTNERSHIP FOR THE
5 PRODUCTION AND BROADCAST OF COMMUNITY TELEVISION
PROGRAMMING CONTENT
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RESOLUTION NO.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
10 directed to execute on behalf of said City a Memorandum of Understanding with California
11 State University, San Bernardino, a copy of which is attached hereto, marked Exhibit "A" and
12 incorporated herein by reference as though fully set forth at length.
13 SECTION 2. The authorization to execute the above referenced agreement is
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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
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22 2006.
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24
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH CALIFORNIA ST A TE
UNIVERSITY, SAN BERNARDINO, ESTABLISHING A PARTNERSHIP FOR THE
PRODUCTION AND BROADCAST OF COMMUNITY TELEVISION
PROGRAMMING CONTENT
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on the
8 _dayof
, 2006, by the following vote, to wit:
9
Council Members:
10
11 ESTR..A..DA
12 LONGVILLE
13 MCGINNIS
14 DERRY
15 KELLEY
16
JOHNSON
17
18 MC CAI\1MACK
AYES
NAYS
ABSTAIN ABSENT
City Clerk
The foregoing resolution is hereby approved this
day of
Judith Valles, Mayor
City of San Bernardino
25 Approved as to
26 Form and legal content:
27 JAMES F. PENMAN,
City Att~~
28 By: ~
MEMORANDUM OF UNDERSTANDING
Between
California State Universit)', San Bernardino
and
the CitY of San Bernardino, California
This agreement is entered into this
day of February 2006, by and between
California State University, San Bernardino, ("UNIVERSITY") and the City of San Bernardino
("CITY").
WITNESSETH:
WHEREAS, Since 2002, UNIVERSITY and the CITY have worked collaboratively to
generate television programming for the benefit of the local and regional communities through the
work of the UNIVERSITY's Inland Communities Television Network (ICTN); and
WHEREAS, UNIVERSITY and CITY wish to continue their strategic partnership and spirit of
cooperation which has developed over the past several years in developing community television
programming content, and in this Memorandum of Understanding (MOU) aim to sustain a structured
long-term relationship that will be mutually beneficial and enhance the quality of life in the
community: and
WHEREAS, this MOU formalizes basic operational principles around which the parties will
work to develop and sustain a collaborative working relationship that will benefit UNIVERSITY
students, faculty and staff and help meet the informational, educational and entertainment needs of the
CITY and the regional community.
NOW, THEREFORE, the parties hereto agree as follows:
SECTION 1. CITY and UNIVERSITY agree to implement a plan of collaboration that will
promote the quality of life of the San Bernardino community and region by undertaking television
programming that enhances the artistic, cultural and intellectual life of the community.
SECTION 2. CITY agrees to cablecast through its public/Education/Government (PEG)
channel(s) to CITY viewers, as well as to viewers in other cities that may choose to receive CITY's
PEG channel signal, programming provided and produced by UNIVERSITY. UNIVERSITY shall
work with CITY to determine the playback schedule of UNIVERSITY programming, including the
maximum number of hours of UNIVERSITY programming to be aired each month. The final decision
concerning scheduling of programming provided by and/or produced by UNIVERSITY shall be the
result of collaboration between CITY and UNIVERSITY. CITY and UNIVERSITY shall aim to
provide a regular schedule of programming so as to facilitate availability of UNIVERSITY
programming during weekday, evening hours. UNIVERSITY programming may include, but shall not
be limited to, the following:
a. Weekly and/or monthly community affairs programs prepared by UNIVERSITY;
b. UNIVERSITY sports ewnts and activities;
c. Cultural events, including theatrical productions, that originate from UNIVERSITY;
d. u'NIVERSITY activities, including student events, lectures, and other campus produced educational
programs of interest to the community; and
e. Programs locally produced in cooperation with community and governmental entities.
SECTION 3. CITY shall schedule and facilitate all technical and engineering tasks necessary
to air UNIVERSITY-sponsored programming pursuant to Section 2 of this MOU. If in any given
calendar month the number of hours of UNIVERSITY-sponsored programming as may requested to be
aired on CITY's system by UNIVERSITY exceeds 20 hours, UNIVERSITY shall pay CITY at the rate
of $15.00 for each additional hour of programming aired, in recognition of CITY'S additional costs
associated with this programming. UNIVERSITY shall be billed monthly for any reimbursements due
for the prior month.
SECTION 4. CITY will work with UNIVERSITY to facilitate production and editing of
UNIVERSITY programming in the CITY's studio facility at no cost to the UNIVERSITY. The final
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decision concerning scheduling of UNIVERSITY'S use of CITY'S studio facility for production and
editing shall be at the sole discretion of the CITY. UNIVERSITY's use of the studio and related CITY
production personnel may be for such purposes including, but not limited to, "In the Public Interest"
produced by UNIVERSITY faculty member Al Mariam, a business show produced by UNIVERSITY
faculty member, Mike Stull and/or other serial or special programming. Any programming produced
and/or edited in the studio facility at UNIVERSITY's request will be considered UNIVERSITY-
sponsored programming for the purposes of calculating hours of programming aired pursuant to
Section 3 of this MOU. UNIVERSITY recognizes that use of the studio requires CITY personnel to
participate in the production. As such, UNIVERSITY will endeavor, whenever possible, to produce its
programming on the UNIVERSITY campus so as to minimize the demand for use of CITY's studio
facility and production personnel.
SECTION 5. CITY and UNIVERSITY will work together to provide opportunities to train
students to learn video production and engineering skills at CITY's facilities.
SECTION 6. UNIVERSITY shall retain ownership of the creative rights to the programs it
produces, and reserves the right to transmit its programming over other systems in addition to City of
San Bernardino's PEG channels, including broadcast and Internet facilities. All UNIVERSITY
programming aired over CITY's PEG channels, and/or produced with assistance from CITY or in
CITY's studio facility, shall include a credit acknowledging the CITY's partnership with
UNIVERSITY in providing access to and/or assisting in the production of such programming.
SECTION 7. UNIVERSITY will explore the feasibility of making a direct fiber optic
connection to City facilities and equipment, thereby making the campus capable of content delivery
directly from the UNIVERSITY and enabling live feeds of programming, as deemed appropriate.
CITY will explore possibilities of providing support for trenching and other services to facilitate
establishment of direct fiber optic connections.
3
SECTION 8. UNIVERSITY agrees to renew and maintain, as appropriate, partnership
agreements with area jurisdictions to ensure transmission of UNIVERSITY-produced programs in
those partner jurisdictions, with the assistance and cooperation of CITY. CITY will collaborate with
UNIVERSITY in re-instituting partnership agreements as appropriate.
SECTION 9. CITY and UNIVERSITY agree to meet at on a quarterly basis to discuss
operations and all other matters of interest with the purpose of strengthening their partnership and
improving their ability to jointly deliver high quality programming content to the community.
SECTION 10.
The term of this MOU shall be for a period of four (4) years,
commencing on January 1, 2006, and terminating on December 31, 2008. This MOU may be
terminated at any time by thirty (30) days written notice by either party. The terms of this MOU shall
remain in force unless mutually amended. The duration of this MOU may be extended with the written
consent of both parties.
SECTION 11.
Each party shall defend, indemnify, hold free and harmless the other
party, its elected officials, its officers and employees, from and against any and all liability, claims,
losses and demands, including attorney's fees and other reasonable costs incurred in defending any
such claim, whether resulting from court action or otherwise, arising out of the acts, errors or
omissions of the indemnifying party, its employees and/or authorized subcontractors, whether
intentional or negligent, in the performance of this Agreement.
SECTION 12.
Any notice to be given pursuant to this MOU shall be deposited
with the United Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
City Administrator's Office
300 North "D" Street
San Bernardino, CA 92418
Facsimile (909) 384-5138
4
MEMORANDUM OF UNDERSTANDING
TO THE UNIVERSITY:
President's Office
5500 University Parkway
San Bernardino, CA 92407
Facsimile (909)880-7036
IN WITNESS THEREOF, the parties hereto have executed this MOU on the day and date first
above written.
Date: February
,2006
California State University, San Bernardino
By:
Date: February
,2006
City of San Bernardino
By:
Judith Valles, Mayor
Approved as to form and
legal content:
James F. Penman, City Attorney
BY:/q?'/~~
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5
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I"
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Ado~ed): :;)J to / f) b Item #
Vote: Ayes fL2 Nays
Change to motion to amend original documents 0
fKCJ
Resolution #
;;v /)(0 ~ d-8I
Absent .If 7
Abstain
Companion Resolutions
Null/Void After: days /
Resolution # On Attachments: 0
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: '). ,"1 , 8 ~
Date of Mayor's Signature: ). g/ 0 ~
Date ofClerk/CDC Signature: '') , ~. &'''''
Reso. Log Updated: ~
Seal Impressed: ~.
Reso. # on Staff Report 0
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2"d Reminder Letter Sent:
Not Returned: 0
/
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985,8234,655,92-389):
Yes
No By_
NO~ By_
No~ By_
No rBy_
NoJBY_
Yes
Yes
Yes
Yes
Copies Distributed to:
Animal Control
City Administrator
City Attorney
~
EDA
o
o
o
o
o
Information Services 0
Parks & Recreation 0
Police Department 0
Public Services 0
Water Department 0
Facilities
Finance
Code Compliance 0
Development Services 0
Others: CJ .Iif;rii:
Fire Department
Human Resources
Notes:
Ready to File: V
-:'../(n,cr.,
Date: ~_' r.
Revised 12/18/03
OFFICE OF THE CITY CLERK
RAcHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909384.5158
www.sbcity.org
,"
February 10, 2006
California State University San Bernardino
President's Office
5500 University Parkway
San Bernardino, CA 92407
Dear Representative:
At the Mayor and Common Council meeting of February 6, 2006, the City of San Bernardino
adopted Resolution 2006.29 - Resolution authorizing the Mayor to execute a Memorandum of
Understanding with California State University, San Bernardino. establishing a partnership for
the production and broadcast of Community Television Programming Content.
Enclosed are one (1) original agreement and two (2) duplicate original agreements to be
executed. Please obtain signatures in the appropriate locations and return the original agreement
and one (1) duplicate original agreement to the City Clerk's Office, Attn: Eileen Gomez, P.O.
Box 1318, San Bernardino, CA 92402, as soon as possible. Please keep a fully executed
duplicate original for your records.
Please be advised that the resolution and agreement will be nnll and void if not executed
within sixty (60) days or by Thursday, March 30, 2006.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
,
Sincerely" /' _ "/
..~ /'~"
~<:""""//// /'
---~' ~ i./ ,.-
Eileen Gomez .~
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
.
RECEI"'" C..A,.I-, If 0, R N I A
\ L.... ~l...l: ( L,lEp;r'
STATE UNIVERSITY
SAN BERNARDINO
Office of the President
2006 HA;? ; .)
, I
5500 University Parkway
5an Bemardlno, CA 92407.2397
(909) 537.5002
fax: (909) 537.590 I
e-mail :akarn ig@csusb.edu
March 13, 2006
Eileen Gomez
Senior Secretary
Office of the City Clerk
P.O. Box 1318
San Bernardino, CA 92402
Dear Ms. Gomez:
Enclosed please find an original signed copy ofthe Memorandum of Understanding
between California State University, San Bernardino and the City of San Bernardino
concerning cablecast over the City's PubliclEducationallGovemment channeL
(j/!itt, 7
Albert K. Kamig
President
Enclosure
The California State University
Bakersfield. (honne/lslands . Chico . Dominguez Hills . East Bay. Fresno . Fullerton . Humboldt . Long Beach . Los Angeles. Maritime Academy
Monterey Bay. Northridge . Pomona. Sacramento. San Bernardino. Son Diego. San Francisco. San Jose. San Luis Obispo. San Marcos. Sonoma. Stanislaus