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HomeMy WebLinkAbout09-City Administrator 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 J..} (pI Dfo 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 1 4 2 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 6 RESOLUTION NO. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 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 14 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage 19 20 21 22 2006. 23 24 1 2 3 4 5 6 7 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 2 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?'/~~ / 5 .,'- I" . ** 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