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MAYOR & COMMON COUNCIL
MEETING BACKUP
MEETING DATE: May 21, 2001
Mayor and Common Council /
GROUP MEETING: Community Development Commission
DEPUTY:
Linda Sutherland
*** No backup materials are included for the following items. ***
ITEM #
STATUS
29
Laid Over (Ordinance only)
30
Continued to June 18, 2001
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Continued to June 4, 2001 (Working Partnership Agreement)
S2
Presentation Only - No Action Taken
, . Cl;t'Y'OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JUDITH V ALLES
Mayor
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Dept: Office of the Mayor
Date: May 18,2001
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Subject: Authorize execution of a Memorandum of
Understanding and a Working Partnership
Agreement between the City of San Bernardino
and California State University, San Bernardino
for the Cable Television Network.
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Synopsis of Previous Council action:
None.
Recommended motion:
Motion # 1: That the Mayor and Common Council authorize the Mayor to execute a Memorandum of
Understanding between the City of San Bernardino and California State University, San
Bernardino for the Cable Television Network.
Motion #2: That the Mayor and Common Council authorize the Mayor to execute a Working
Partnership Agreement between the City of San Bernardino and California State
University, San Bernardino for the Cable Television Network.
That Motion #1 be adopted.
That Motion #2 be continued to June 4, 2001,
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(/I , Signature
Contact person:
Phone:
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: None at this time.
Source:
Finance:
Council Notes:
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Agenda Item No,.s I I '/ '
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STAFF REPORT
Council Meeting Date: May 21. 2001
TO: The Common Council
FROM: Judith Valles, Mayor
DATE: May 18,2001
AGENDA ITEM: #S-I
City staff and the staff of California State University, San Bernardino have worked
together to start a cable television network for the San Bernardino Valley. This network would
use the community access channels in a dozen participating cities.
Currently, the San Bernardino Valley is the largest underserved television market in the
nation. The creation of this network will serve San Bernardino's citizens and thousands of others
from Montclair to Yucaipa. The network will have a variety oflocally-generated programming.
The proposed Memorandum of Understanding creates a partnership between the City and
California State University, San Bernardino. The Memorandum allows the City to retain control
over its existing programing. The Memorandum also allows the City to maintain the ability to
schedule any existing programing at any time.
At the June 4, 2001 council meeting, it is anticipated that a partnership agreement that
contains more programming details will be available for your consideration.
Respectfully submitted,
,'. .
City Attorney
DRAFT
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
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WHEREAS, the CITY and the UNIVERSITY desire to enter into this Memorandwn 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 available 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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City Attorney
DRAFT
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 be responsible for administration of the
NETWORK's coordination 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 MOU.
9. This MOO may be amended in writing by the mutual agreement of the UNIVERSITY
and the CITY.
By signing below, the UNIVERSITY and the CITY manifest their agreement to all of the
foregoing provision of this MOU.
THE CITY OF SAN BERNARDINO, a
Municipal Corporation of the
State of California
CALIFORNIA STATE UNIVERSITY,
SAN BERNARDINO
By:
By:
Date:
Date:
ATTEST:
Approved as to form
and legal content:
By:
City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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