02-13-12 Council Agenda & Packet

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LOCAL GOVERNMENT SERVICE EXCHANGE AGREEMENT FOR PUBLIC EDUCATION AND GOVERNMENT ACCESS CHANNEL 99 WHEREAS, the City of Mishawaka ("Mishawaka"), the City of South Bend ("South Bend"), and St. Joseph County("County") exist and operate as political subdivisions of the State of Indiana as defined by Ind. Code § 36-1-2-13 and are authorized to enter into a Service .Purchase and Exchange Agreement pursuant to Ind. Code § 36-1-7-2(b) and 36-1-7-I2; and WHEREAS, WHIT, a not for profit corporation, is a public television station created under Indiana law and with a service area that includes all of St. Joseph County, Indiana; and WHEREAS, Mishawaka, South Bend and County collectively desire to enter into an agreement with WHIT providing for Public Access or Public Education and Government (PEG) Channel 99 professional operation and management services, with respective contribution to the cost of operation and maintenance in 2013 forward based upon each entity's proportionate share of cable franchise fee revenue remitted to each by the State of Indiana; and WHEREAS, the three municipal corporations agree that a PEG is a benefit to all municipalities because it helps to create well informed citizens; and NOW, THEREFORE, in consideration of the mutual promises and obligations in this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows: 1. Purpose South Bend, Mishawaka and County agree that it is necessary and in the public's best interests to retain WNIT to operate and manage a public access channel 99. Mishawaka, South .Bend, and County are each willing to provide certain funds toward the attached scope of Sol-vices totaling 585,000 for 2012 and for each year thereafter. For the purposes of this Agreement, the tern? "Project" shall mean the operation and management of Public Education and Govemment Public Access Channel 99, The Project shall include arranging to connect to broadcast head end and maintain community calendar and review and schedule programming appropriate to Public Access within community nom-is established by its broad based community advisory board. South Bend, Mishawaka, and County agree that programming hours allocated to each of them shall be roughly proportionate to their respective ratio of contribution to total annual cost of the Project. Public Access programming emphasis will be on Public, Education and Government programming — periodic Mayor's messages, Commissioners' messages, Council meetings or broadcast other significant public interest public meetings on important conimunity issues. Various groups or individuals may produce creative programs of a wide range of content which will be aired subject to schedule availability and managed priorities as well as compliance with community standards of the advisory board formed and staff supported by WNIT.