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HomeMy WebLinkAboutReso. 1988-140 - Approving the cooperation agreement between the city of redding and redding community access corporation, and authorizing the mayor to sign all necessary doc • RESOLUTION NO. S8"IVe A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE COOPERATION AGREEMENT BETWEEN THE CITY OF REDDING AND REDDING COMMUNITY ACCESS CORPORATION, AND AUTHORIZING THE MAYOR TO SIGN ALL NECESSARY DOCUMENTATION. BE IT RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the Cooperation Agreement between the City of Redding and the Redding Community Access Corporation, a true copy of which is attached hereto. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement and all necessary documentation in connection therewith on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid documents, when appropriate. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 5th day of April , 1988 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter , Fulton , Gard , Johannessen , & Dahl NOES : COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None x'10 �_.l aft4,,( —r—A1/0 MIKE DAHL, Mayor City of Redding ATTEST: FORM PPROVED: ETHEL A. NICHOLS, City Clerk RANDALL A. HAYS, City Attorney s ! COOPERATION AGREEMENT THIS AGREEMENT made and entered into this day of April, 1988, by and between the CITY OF REDDING, a Municipal Corporation and General Law City, hereinafter referred to as CITY, and REDDING COMMUNITY ACCESS CORPORATION, a California Non-Profit Corporation, whose principal office is located in the City of Redding, County of Shasta, State of California, hereinafter referred to as RCAC. WITNESSETH WHEREAS, RCAC is incorporated under the laws of the State of California and has the legal authority to contract for services necessary or convenient to the exercising of its powers' and WHEREAS, RCAC, through its Board of Directors, is and will be exercising its authority as defined in the Articles of Incorporation of RCAC to: 1. Promote, coordinate, facilitate, produce, distribute, and assist community-based media programs. 2. Administer grants for the productions of community-based media programs to nonprofit community groups and organizations. 3. To develop, operate, and coordinate all programs to obtain grants, funding, and donations in furtherance of the community-based media programming. 4. Ensure effective promotion of community-based media programs and design training programs in the use of production facilities. 5. To encourage, promote, facilitate, and further community-based media programming and to conduct business in all aspects related to community-based media programming; and - 1 410 WHEREAS, CITY has in its employ, personnel qualified to perform staff services necessary to administer the community access programs of RCAC; and WHEREAS, it is in the best interests of RCAC to secure the required administrative services by contract as opposed to employment of personnel; NOW, THEREFORE, in consideration of the covenants herein contained, the parties hereto agree as follows: 1. CITY agrees to provide RCAC such staff assistance, supplies, technical and other services and facilities of City as RCAC may require in carrying out its functions as defined above. Such assistance and services may include the services of City officers and employees or special consultants. 2. CITY may, but is not required to, advance necessary funds to RCAC or to expend funds on behalf of RCAC for the implementation of the goals and objectives of the RCAC. The RCAC understands that the sole source of City funding for RCAC is pursuant to the Public Access Agreement between CITY and Viacom Cablevision. Funds designated under said Agreement shall be subject to budget review and approval by the Redding City Council, and shall be .disbursed in compliance with accepted City practices. Additionally, the CITY may contract with RCAC staff on an actual cost basis for video services, if such services are not general public access services. Funds received by RCAC from other resources are not subject to this Agreement. 3. CITY will keep records of activities and services undertaken pursuant to this Agreement and the costs thereof in order that accurate records of RCAC's liability to CITY can be ascertained. CITY shall periodically, but not less than annually, submit to RCAC a statement of the costs incurred by CITY in rendering activities and services of CITY to RCAC pursuant to this Agree- ment. This Agreement includes a proration of CITY's administrative and salary - 2 - N expenses attributable to services of City officials, employees and departments rendered for RCAC. 4. CITY agrees to indemnify and hold harmless for general liability losses incurred in the course and scope of RCAC activities as authorized under the RCAC articles of incorporation, but only up to an amount equal to CITY's funding of RCAC for the year in which the loss/injury occurred. RCAC shall pay to CITY its prorata share of the liability costs applicable to its activities resulting from RCAC's inclusion in CITY's self-insurance program. Workers' compensation and other insurance coverages may be provided by CITY to RCAC on the same terms of reimbursement, or may be acquired independently by RCAC, depending on the needs of RCAC and the availability of insurance. 5. The obligations of RCAC under this Agreement shall constitute an indebtedness of RCAC and as such RCAC agrees to reimburse CITY for all costs incurred for services by CITY pursuant to this Agreement. RCAC shall reim- burse CITY for personnel services at CITY's actual cost. RCAC shall reimburse CITY its actual costs for all other services or supplies it may provide to RCAC. 6. RCAC, through its Board of Directors, shall continue to act in all natters of policy and operational determination with City's personnel being responsible to RCAC Board of Directors when p pursuing or administering duties and functions relating to the community access programs in the City of Redding. 7. This Agreement shall commence upon execution thereof by appropriate officers of CITY and RCAC, to be effective to the end of 1988 and from year to year thereafter, and may be terminated by either party upon ninety (90) days written notice before the end of the contract year. - 3 - li 410 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. C' M OF •+'IDI By -% -- MIKE , Mayor REDDING COMMUNITY ACC - •RPORA . •N DAVID ROS , C airman ATTEST ETHEL A. NICHOLS,. City Clerk FORM :A ROVED ALL A. HAYS, ity Attorney - 4 -