Loading...
HomeMy WebLinkAboutApproving Local Service Agreement for Public Education & Government Access ChannelRESOLUTION 4152 -12 Passed by the Common Council of the City of South Bend, Indiana February 13, Attest: 12 20 Presented by me to the Mayor of the City of South Bend, Indiana February 14, 20 12 City Clerk President of Common Council Approved and signed by me /Z( 20 /2 . City Clerk 0 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING LOCAL SERVICE AGREEMENT FOR PUBLIC EDUCATION AND GOVERNMENT ACCESS CHANNEL WHEREAS, On May 9, 2011 this Council adopted Resolution #4099 -11 supporting community -wide public access television for the broadcasting of public, educational, and governmental programming, and recommending that this be done cooperatively with South Bend, Mishawaka, St. Joseph County, and the private sector; and WHEREAS, pursuant to Indiana Code § §'s 36- 1- 7 -2(b) and 36- 1 -7 -12, the City of South Bend ( "South Bend "), the City of Mishawaka ( "Mishawaka "), and St. Joseph County ( "County ") desire to enter a cooperative service exchange agreement by which the not - for -profit corporation/public television station WNIT ( "WNIT ") will provide and maintain a Public Access or Public Education and Government ( "PEG ") Channel 99, through which will be broadcast to the citizens of St. Joseph County, Indiana, and throughout the WNIT service area, government programming and other matters of public interest including South Bend, Mishawaka, and St. Joseph County Council meetings and mayoral and County executive messages; and WHEREAS, the Service Exchange Agreement between the local political subdivisions is attached hereto and incorporated herein as Exhibit "A "; and WHEREAS, the total cost of those services to be performed by WNIT is $85,000.00 annually which shall be shared per the formula set forth in Exhibit "A "; and WHEREAS, South Bend's share of costs for the governmental and broadcast services to be performed by WNIT for calendar year 2012 were appropriated in the South Bend annual budget for 2012; and WHEREAS, the South Bend Board of Public Works has approved this Agreement (Exhibit "A ") subject to review and approval of the South Bend Common Council; and WHEREAS, ongoing public education is essential to an informed citizenry, and the prompt installation of PEG 99 by WNIT is in the best interests of South Bend and its citizens. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The Local Service Agreement for Public Education and Government Access Channel 99, attached hereto and incorporated herein as Exhibit "A" is hereby and in all ways approved, and the Mayor of South Bend is authorized to execute this Agreement on behalf of South Bend. Section II. The South Bend Board of Public Works shall do all things necessary and appropriate to effectuate the terms of the Agreement and is designated as South Bend's agent for the performance of those duties allocated to South Bend under the terms of Exhibit "A ". Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PPE5ENIEd I— NOT APPROV -D A�oPT ,r illed in �5 .�. JUHH It; V1,1�111011RV [[ 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) and36- 1 -7 -,12 ;,and WHEREAS, WNIT, 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 WNIT 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: I. Ruipos e 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 services totaling $85,000 for 2012 and for each year thereafter. For the purposes of this Agreement, the term "Project" shall mean the operation and management of Public Education and Government 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 norms 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 community 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. LT. Duties A. South Bend hereby agrees as follows: 1. Pursuant to this Agreement and in accordance with the laws of the State of Indiana, South Bend, through its Board of Public Works shall enter into contracts with WHIT for specialized professional services for the operation of a PEG. 2. South Bend shall enter into contracts and make purchases it deems reasonably necessary to complete the Project. Any contract let shall be subject to the funds identified for the Project. 3. South Bend shall supervise and administer all contracts with WNIT and others concerning the Project. 4. In 2012 South Bend shall pay $65,000.00 of the Project Funds and no more than $43,000.00 every year thereafter in accordance with this Agreement. 5. South Bend shall handle all service issues with WNIT on behalf of itself and the other municipalities to this Agreement, B. Mishawaka hereby agrees as follows: I . Mishawaka shall pay $10,000.00 in .2012 and $13,000.00 every year thereafter of the Project Funds to the Controller of the City of South Bend, with said monies to be used in accordance with this Agreement. 2. Mishawaka shall report any service issues to South Bend. C. St. Joseph County agrees as follows: I . St. Joseph County shall pay $10,000.00 in 2012 and $29,000.00 every year thereafter of the Project Funds to the Controller of the City of South Bend, with said monies to be used in accordance with this Agreement. 2. St. Joseph County shall report any service issues to South Bend, III. Administration 1. This Agreement shall be administered by the Board of Public Works for the City of South Bend, which is appointed by the Mayor of the City of South Bend pursuant to the laws of the State of Indiana and the Ordinances of the City of South Bend, 2. The Controller of the City of South Bend shall have the duty of receiving, dispersing, and accounting for all the monies of this joint undertaking, and shall make payments upon authorization from the Board of Public Works of the City of South Bend. South Bend's administration of this Project shall not make it the guarantor, or liable for payment owed to WN1T by the County or Mishawaka. IV. Duration This _Agreement shall expire on February 1, 2017. Funding is subject to annual appropriation of the fiscal. bodies of each jurisdiction. Any monies which are outstanding at the end of the term shall be distributed on a pro rata basis to the parties, based upon the ratio set forth in Section Il for the years 2013 and beyond. This Agreement may be extended by mutual agreement upon expiration of the contract term, and the terms for ratio of contribution by the parties may be modified by agreement for years 2014 through February 1, 2017 based upon ;proportional receipt of cable franchise fee revenue. V. Supplemental Documents South Bend, Mishawaka and County agree to execute any and all supplementary documents and to take any and all supplementary steps as are reasonable and appropriate to accomplish the purposes and provisions of this Agreement. VI. E -Verify Program The Parties affirms under the penalties of perjury that they do not knowingly employ an unauthorized alien. The Parties shall enroll in and verify the work eligibility status of all his/her /its newly hired employees through the E- Verify program as defined in IC 22- 5- 1.7 -3. The Parties shall not knowingly employ or contract with an unauthorized alien. The Parties shall not retain an employee or contract with a person that the Parties subsequently learn is an unauthorized alien. The Parties are not required to participate in the E -Verify program should the E- Verify program cease to exist. Additionally, a Party is not required to participate if it is self-employed. and does not employ any employees. The Parties shall require the respective subcontractors, who perform work under this contract, to certify to the appropriate party that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E -Verify program. The Parties agree to maintain this certification throughout the duration of the term of a contract with a subcontractor. The City may terminate for default if the any Party fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. VII. Minority and Womens Enterprise Diversity Development Persons, partnerships, corporations, associations, or joint ventures awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion; color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, Iabor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under: public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ( "MBE ") or as a Women's Business Enterprise ( "WBE ") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE /MBE. A finding of a discriminatory practice by the City's MBE /WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. VIII. Limitations of Liability for Project Activity South Bend, Mishawaka and County acknowledges that none shall be liable to any party for completion of or the failure to complete any activities which are an obligation of WNIT to perform under this Agreement related to the Project, and each party agrees to indemnify, defend, and hold harmless the other parties to this Agreement and their respective agents, officers, and employees from all claims and suits of any nature whatsoever arising from WNIT's performance of duties assigned under this Agreement, from all judgments, and or expenses in hereto. IX. CoMorate Authority The persons signing on behalf of the respective Parties represent that he /she has been duly authorized to execute this Agreement, and has obtained all necessary and applicable approvals to make this Agreement fully binding. IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Agreement to be effective as of January 3, 2012. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. CITY OF MISHAWAKA, INDIANA Signature Printed Name, Title CITY OF SOUTH BEND, INDIANA Signature F Printed Name, Title. .-- Date: , 20 Date; ;�Januat w, "3) 20 iak, Signature, Title Signature, Title �r — boVA010( C a Printed Name, Title Printed ]Name, Title Date: , 20_ Date: 5anua 3 , 20 iA Signature Signature Printed Name, Title Printed Name, Title Date: , 20_ Date , 20_ (Signature Page 1 of 2 to Local Government Service Exchange Agreement by and among City of South Bend City of Mishawaka, St. Joseph County and WNIT dated , 2011) ST. JOSEPH COUNTY Signature Printed Name, Title Date: , 20— Signature Printed Name, Title Date: , 20 Signature Printed ]Fame Printed Name. Title Date: , 20_ (Signature Page 2 of 2 to Local Government Service Exchange Agreement by and among City of South Bend, City of Mishawakv, St. Joseph County and WNIT dated , 2011) Flied ir. EB!�\J! 61!T•SF Johk CITY CLERIC, S6uTk SEND, IN 1400 Coum -QTY BuiLDTNo 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 Mr. Derek Dieter CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF LAW ALADEAN M. DERosE C7TYAT oRNEY, AD INTERIM February 7, 2012 President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 PHONE 574/235 -9241 FAx 574/ 235 -7670 Re: Resolution Approving Local Service Agreement for Public Education and Government Access Channel Dear President Dieter: On May 9, 2011 in its Resolution No. 4099 -11 adopted that date, the Common Council expressed its desire to have an operating public education and government television channel. The City Administration agrees that this is a valuable public project. After several months of planning and conferring with the City of Mishawaka, the County of St. Joseph, and WHIT Television, South Bend has arrived at a Local Service Agreement with these entities that will provide a pubic and government access channel through the services of WNIT Public Television. The attached Resolution requests your approval of this Agreement which provides for cost sharing of this resource. Mr. Gary Gilot will make the presentation of this Resolution to the Common Council at its Committee and regular meeting on February 13, 2012. The Council's favorable consideration of this Resolution is requested. Sincerely, Aladean M. DeRose City Attorney, A.I. AMD /cw cc: Pete Buttigieg Gary Gilot Mike Schmuhl CHERYL A. GREENE ANDREA L. BEACHKOFsKY LAWRENCE J. METF.IVER ..d in Clerk's affix:._,.;.. FZ_3 Z01Z JEFFREY-L. SANFORD TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 12 -13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING LOCAL SERVICE AGREEMENT FOR PUBLIC EDUCATION AND GOVERNMENT ACCESS CHANNEL Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Information & Technology Committee. Karen L. White Chairperson, Committee of the Whole