HomeMy WebLinkAbout2006-029
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RESOLUTION NO. 2006-29
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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 STATE
UNIVERSITY, SAN BERNARDINO, ESTABLISHING A PARTNERSHIP FOR THE
5 PRODUCTION AND BROADCAST OF COMMUNITY TELEVISION
6 PROGRAMMING CONTENT
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7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION I. 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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
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of this resolution.
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III
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III
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2006-29
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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 STATE
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
joint
7 and Common Council of the City of San Bernardino at aregular meeting thereof, held on the
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86th day of February , 2006, by the following vote, to wit:
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Council Members:
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NAYS
ABSTAIN ABSENT
AYES
x
ESTRADA
12 LONGVILLE
13 MCGINNIS
14 DERRY
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x
x
x
x
KELLEY
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18 MC CAMMACK
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x
JOHNSON
x
,
,F, ') ;l' /
-,; L/LtuL/e
QJc-~z.
City. Clerk
g/i
day of February ,
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22 2006.
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The foregoing resolution is hereby approved this
25 Approved as to
26 Form and legal content:
d' Valles, Mayor
of San Bernardino
27 JAMES F. PENMAN,
City Att~~y
28 By: ~/_~
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2006-29
ORIGINAL
MEMORANDUM OF UNDERSTANDING
Between
California State University, San Bernardino
and
the City of San Bernardino, California
This agreement is entered into this fA. 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.
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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 mav 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, Thc 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 events and activities;
c. Cultural events, including theatrical productions, that originate from UNIVERSITY;
d. UNIVERSITY 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.
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2006-29
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 3 L 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 II.
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
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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 Univ rsity, San Bernardino
By:
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Date: February g , 2006
City of San BefJ1ardino
By:
Approved as to form and
legal content:
James F. Penman, City Attorney
BY:~~~~
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