HomeMy WebLinkAbout2013-241 1 RESOLUTION NO. 2013-241
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
4 APPROVING THE TRANSFER OF ASSETS, SERVICE CONTRACTS AND
PUBLIC, EDUCATIONAL & GOVERNMENT (PEG) FUND ACCOUNT
5 BALANCES RELATED TO THE INLAND EMPIRE MEDIA GROUP (IEMG)
6 TO THE CITY OF SAN BERNARDINO
7 WHEREAS, the Mayor and Common Council, by Resolution No. 2009-23 and the
8 Community Development Commission by Resolution No. CDC/2009-5 on February 2, 2009,
9 approved the transfer of personnel and certain assets of the Inland Empire Media Group (IEMG)
10 then called the "CATV Division" from the City of San Bernardino to the Redevelopment Agency of
11 the City of San Bernardino; and
12 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("RDA") was
13 dissolved as of February 1, 2012; and
14 WHEREAS, the Mayor and Common Council, elected to serve as the Successor Agency to
15 the former Redevelopment Agency of the City of San Bernardino ("Successor Agency"); and;
16 WHEREAS, because of the dissolution of the RDA, the Successor Agency must consider the
17 transfer of IEMG to the City of San Bernardino; and
18 WHEREAS, since February 2, 2009, the former Redevelopment Agency of the City of San
19 Bernardino ("City"), has operated the local television station, IEMG, through which Channel 3 and
20 other public access channels are made available for purposes of providing public access and public
21 programming to the residents of the City through existing facilities of cable television providers
22 within the City; and
23 WHEREAS, the Successor Agency has acquired certain physical capital assets for purposes
24 of providing community access to the cable television channels through IEMG, including, but not
25 limited to, television cameras, production lights, production and taping equipment, production
26 studios, furniture, other office supplies, office equipment and certain vehicles (collectively, the
27 "IEMG Assets") all in furtherance of the public purposes of providing public information access to
28 the community through the facilities and assets of IEMG; and
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2013-241
1 WHEREAS, the IEMG Assets are listed in Exhibit "A" attached to this Resolution and
2 incorporated herein; and
3 WHEREAS, the City is entitled to receive certain funds pursuant to the Digital Infrastructure
4 and Video Competition Act of 2006, AB2987, the Digital Infrastructure and Video Competition
5 Act, Public Utility Code Section 5800, et seq. ("DIVCA") as approved by the California Legislature
6 to ensure a viable and steady source of income to local governments such as the City in the form of
7 the five percent (5%) franchise fee presently paid to and collected by the City and to protect public,
8 educational and government programming ("PEG"); and
9 WHEREAS, DIVCA further provides certain protections to PEG activities and confirms the
10 ability of local governmental entities such as the City to collect a five percent (5%) franchise fee
11 related to the use of City public rights-of-way by all video service providers and the right of the City
12 to collect an additional one percent (1%) fee as shall be designated for PEG specific funding
13 purposes; and
14 WHEREAS, DIVCA specifies that franchise fee revenues collected in excess of a five
15 percent (5%) franchise fee, such as the one percent (1%) amount allowed pursuant to DIVCA, shall
16 be used and applied for the purchase and support of capital expenditures, equipment and facilities
17 and not for the payment of operating expenses such as salaries, utilities and similar cost items; and
18 WHEREAS, DIVCA, at Public Utilities Code Section 5870(n), also permits local
19 governments that operate a PEG facility to establish a 1% fee to support PEG channel facilities (San
20 Bernardino Municipal Code Section 14.08.25(A)) and to further seek revenue sources such as
21 advertising, sponsorships and underwriting contributions from private sources in furtherance of the
22 continuation of PEG activities; and
23 WHEREAS, the IEMG Assets and PEG Funds were previously owned by the City and were
24 transferred to the former Redevelopment Agency for the City of San Bernardino concurrently with
25 the former Redevelopment Agency's assumption of the obligation to operate IEMG; and
26 WHEREAS, the Successor Agency holds approximately $230,960 in PEG Fund balances
27 collected in accordance with DIVCA; and
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1 WHEREAS, upon receipt of the IEMG Assets, IEMG Contracts and PEG Funds, the City
2 will once again undertake the operations of IEMG, relieving the Successor Agency of the
3 operational, staffing and administrative burden and expense associated with IEMG operations; and
4 WHEREAS, the IEMG Assets and PEG Funds are used for the purpose of providing
5 community access to cable television channels and to provide Public, Educational and Government
6 channels on cable television in accordance with DIVCA;
7 WHEREAS, the IEMG Assets and PEG Funds are currently and have at all times been used
8 in the operation of the IEMG, and are therefore properly considered "governmental purpose"
9 property within the meaning of Health& Safety Code Section 34181(a); and
10 WHEREAS, pursuant to 47 USC Sections 531, 541(a)(4)(B), and 542(g)(2)(C), the PEG
11 Funds can only be used for "capital costs" for "public, educational, or governmental access
12 facilities", which is defined in 47 USC 522(16) as "channel capacity designated for public,
13 educational, or governmental use; and facilities and equipment for the use of such channel
14 capacity"; and
15 WHEREAS, the IEMG Service Contracts are included in Exhibit "B" attached to this
16 Resolution and incorporated herein; and
17 WHEREAS, because the IEMG Assets and PEG Fund balances constitute governmental
18 purpose property originally owned by the City and because the transfer of the IEMG Assets and
19 PEG Fund balances will, in effect, transfer the administrative burden and expense of IEMG
20 operations from the Successor Agency to the City, no compensation will be paid by the City to the
21 Successor Agency in exchange for the IEMG assets; and
22 WHEREAS, it is now appropriate for the Mayor and Common Council of the City of San
23 Bernardino (the "Mayor and Council") acting as the governing body of the Successor Agency to
24 take certain official actions pursuant to this Resolution, subject to a concurrence Resolution as may
25 be adopted by the Mayor and Council, and such adoption of Resolutions by the Successor Agency
26 and the Mayor and Council shall constitute the binding agreement as between the Successor
27 Agency and the City as to the matters addressed in this Resolution.
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1 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE
2 SUCCESSOR AGENCY TO THE REDEVELOPMEN AGENCY OF THE CITY OF SAN
3 BERNARDINO, AS FOLLOWS:
4 Section 1. The Successor Agency hereby approves this Resolution and directs Agency
5 Staff to act in accordance with the directives as contained herein. Furthermore, the Successor
6 Agency seeks the concurrence of and to the extent necessary by the adoption of a corresponding
7 concurrence Resolution by the Mayor and Council thus committing City and City Staff to similarly
8 act in accordance with the directives as contained herein and as shall be contained in such
9 concurrence Resolution of the Mayor and Council.
10 Section 2. The Successor Agency hereby approves the transfer of all PEG Fund balances
11 currently held by the Successor Agency to the City in a single lump sum payment.
12 Section 3. The Successor Agency hereby approves the transfer of all IEMG Assets
13 currently held by the Successor Agency to the City as listed in Exhibit "A", an itemized inventory
14 prepared by IEMG Staff setting forth all physical assets, vehicles (collectively defined above as the
15 "IEMG Equipment"), and other intellectual property rights, computer software and licenses
16 (collectively defined herein as the "Other IEMG Property Rights") currently held by the Successor
17 Agency for the use and benefit of IEMG.
18 Section 4. The Successor Agency hereby approves the assignment and transfer from the
19 Successor Agency to the City of the three IEMG Service Contracts (City of Rancho Cucamonga,
20 San Bernardino City Unified School District, and the San Bernardino Local Agency Formation
21 Commission(LAFCO)) included in Exhibit"B".
22 Section 5.
23 (a) From and after the date that the IEMG Equipment and the Other IEMG Property Rights
24 have been transferred to the City and IEMG is no longer a Successor Agency Division, all revenues
25 generated by the IEMG from and after August 5, 2013, shall be transferred to the City in one lump
26 sum payment no later than September 1, 2013. After the date of transfer of the IEMG to the City,
27 all such revenues shall be remitted directly to the City for the benefit of IEMG and the Successor
28 Agency shall cooperate fully with the City to expedite such transfer of funds to the City.
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2013-241
1 (b) The one percent (1%) PEG moneys as received by the City on and after August 5,
2 2013, through and including the date of this Resolution shall be retained by the City for use by the
3 City in accordance with federal and State law.
4 Section 6. This Resolution shall take effect in the manner required by the City Charter
5 and shall be non-repealable from and after the date that IEMG has become a City Division after
6 transfer of the IEMG Equipment and the Other IEMG Property Rights to the City and acceptance
7 thereof by the City. The Successor Agency hereby approves the IEMG Asset, Service Contracts and
8 PEG Fund balance transfers to the City of San Bernardino with the adoption of this Resolution.
9 Section 7. The Asset and Personnel Transfer Agreement approved by the Community
10 Development Commission by Resolution No. CDC/2009-5 and approved by the Mayor and
11 Common Council by Resolution No. 2009-23 is hereby terminated.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
2 AGENCY OF THE CITY OF SAN BERNARDINO APPROVING THE TRANSFER OF
3 ASSETS, SERVICE CONTRACTS AND PUBLIC, EDUCATIONAL & GOVERNMENT
(PEG) FUND ACCOUNT BALANCES RELATED TO THE INLAND EMPIRE MEDIA
4 GROUP (IEMG) TO THE CITY OF SAN BERNARDINO
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino acting as the governing body for the Successor
7 Agency to the Redevelopment Agency at a joint regular meeting thereof, held on the
8 stt, _day of August , 2013, by the following vote to wit:
9 Council Members: Ayes Nays Abstain Absent
10 MARQUEZ x
11 JENKINS x
12 VALDIVIA x
13 SHORETT x
14 KELLEY
15 JOHNSON x
16 MC CAMMACK x
17 / �/ � .4.41/CA_
18 Georgean 'Hanna, City erk
19 ��
The foregoing Resolution is hereby approved this a9 day of August , 2013.
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22 -' ■A 11...0.a
Pa ick J. Mo is, Mayor
23 Cit •f San t ernardino
24 Approved as to form:
25 James F. Penman,
City Att• ey
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By: If
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2013-241
EXHIBIT "A"
INVENTORY OF IEMG ASSETS
[Attached on following pages.]
2013-241
Type Manufacturer Model Qnty
City Hall-300 North D Street
Control Room Newtek Video Toaster PC w/2 LCD 1
monitors
Panasonic BT-S702 Color Monitors 2
Panasonic WV-5380 B&W Monitors 2
JVC CM-31720 Color Monitors 2
Sharp 13" Color Monitor 1
Radio Shack 13" Color Monitor 1
Sony VO-5850 Umatic VTR 1
Sony VO-5800 Umatic VTR 1
Sony SVO-1250 VHS Recorder 1
Sharp DV-HR300HDD 1
Optimus 103 VHS Recorder 1
Videotek TWM-60 Waveform Monitor 1
Videotek VSM-60 Vectorscope Monitor 1
Videotek VDA-16 Distribution Amp 1
Videotek ADA-16 Distribution Amp 1
Videotek PVS-6A Video Switcher 1
Symetrix 402 Digital Delay Unit 1
Numark DM-1650 Audio Mixer 1
ADC Audio Patch Panel w/patch cables 1
ADC Video Patch Panel w/patch cables 1
1
2013-241
Type Manufacturer Model Qnty
Camera Control Ikegami RCU-240 Remote Control Unit 4
TSM MCS-4000 Remote Controller 1
Lighting NSI NCM508 Lighting Controller 1
Signal Distribution Microwave Radio 23CX TRX Microwave Transmitter 3
Blonder Tongue Demodulators 3
Standard TVM 550 Demodulators 2
Vbrick Internet Device 1
Kramer Audio/Video Distribution Amp 2
Presentation Extron IN1508 Scaling Presentation 1
Switcher
Extron VCS-500 Scan Converter 1
Extron Distribution Amplifier 1
Extron VTT 4
Extron VTR 6
Council Chamber Ikegami HL-240 3CCD Camera System with 3
Power supply
TSM Pan/Tilt/Zoom Servo Head w/ 3
Power Supply
TSM Power Supply 1
Panasonic 42" Plasma Panel 2
Hitachi Ceiling Mounted Projector 1
Dell 19" LCD Monitor 1
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201 North E. Street,Suite 103
Type Manufacturer Model Qnty
Blueline Blueline Automation Archive Computer w/DVD 1
Automation System Jukebox
System
BlueServe Computer 1
BlueMpeg Server Computer 2
BlueAir Computer 1
BlueNas Storage 1
BluePrep Computer 1
Avocent Avocent 8x1 KVM Switch 1
Videotape JVC JVC D9 BR-D92U 1
Recorders
SA-92U SDI Interface Card 1
JVC JVC DV BR-DV6000 1
Sony Sony Beta SP BVW-70 1
JVC JVC SVHS SR-S365U 3
Monitor Ikegami Ikegami 9" PM-K9 B/W 14
JVC JVC 13" TM-H1375SU 1
JVC JVC 17" TM-H1750C 1
Routing Sigma Sigma 16x16 SS-2100-16 plus 1
Videotek Videotek Routing Switcher RS-12A 5
Ross Ross Talia Panels SKI 1
3
2013-241
Type Manufacturer Model Qnty
Ross Ross Talia Panels RCP-251 1
AudioNideo AudioNideo Evertz 7700 Multiframe Tray 1
Monitoring Monitoring
7765AVM-4-VGA+3RU Card 1
7766AVM-4A+3RU Card 1
Videotek Videotek Demodulators DM-100 4
Wholer Wohler AMPIA Audio monitor 1
Videotek Videotek VTM 200 Multiformat 1
Monitor
VTM-200 Option 1 1
JBL JBL Control 5 Speakers 2
Intercom RTs RTS MCE325 combination station 1
Processing DBX DBX 166 Compressor/Limiter 4
Tascam Tascam LA80 2
Timing ESE ESE Clock ESE-161U 1
Production Thomson Thomson 1707 Camera System w/ 3
Equipment
CCU/Triax/Lens/Remote Panel
4
2013-241
Type Manufacturer Model Qnty
Chyron Chyron Duet LE Character 1
Generator
Lyric Software 1
Avocent KVM Switch LV220AM 1
Ross Ross Synergy 100 Control Chassis 1
Editor Interface Option 1
Satellite Feed Satellite Feed Satellite Dishes (2) and related 1
equipmt.
Avocent Avocent KVM Switch LV220AM 1
Avocent Avocent KVM Switch LV220AM 1
Routing Ross Ross Talia 32X32 Router 1
(Connects to above Ross Talia Main CPU 1
Router)
ADC ADC Video Patch Panels 7
ADC ADC Audio Patch Panels 12
Bitree Bittree Patch Panel 1
Ross Ross Talia Panel RCP-251 1
Terminal Gear Ross Ross Tray with assorted Terminal 5
Gear(Distribution/Conversion)
Cards
ADC-8030A 5
CDK-111M 4
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2013-241
Type Manufacturer Model Qnty
DAC-8013 3
DAC-8016 7
DFR-8110 6
DSA-8004 2
UDA-8005 14
DFR-8110A 1
MUX-8522-C 4
Videotek Videotek Audio DA ADS-24 2
Intercom RTS RTS Power Supply PS15 2
RTS MRT327 combo 1
Audio/Video Videotek Videotek VTM 200 Multi Format 1
Monitoring Mon.
VTM-200 Option 1 1
Wohler Wohler AMP1 Audio Monitor 1
Timing Leitch Leitch DPS 575 Synchronizer w/ 1
panel
Leitch DPS 575 Synchronizer w/o 2
panel
1394 Firewire Option 2
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2013-241
Type Manufacturer Model Qnty
Videotek Videotek VSG-204D Generator 1
ESE ESE-100A Master Clock 1
Monitors Ikegami Ikegami 9" PM-K9 B/W 4
JVC JVC 9" Color 2
TSL TSL Under Monitor Display 1
System
Processing Tascam Tascam LA80 1
Monitors Ikegami Ikegami 9" PM-K9 B/W 14
JVC JVC 17" TM-H1750C 2
JVC JVC 13" TM-H1375SU 3
Evertz Evertz 3410 1
Intercom RTS RTS MCE325 Combination Station 3
Audio/Video JBL JBL Control 5 Speakers 2
Monitoring
TSL TSL VCA 1
Tektronics Tektronics WFM-601A 1
Routing Ross Ross Routing Panel Kameleon 1
Ross Synergy 100 Aux Panels 2
Videotape JVC JVC D9 BR-D92U 2
Recorders
SA-92U SDI Interface Card 2
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2013-241
Type Manufacturer Model Qnty
JVC JVC DV BR-DV3000 1
Edit Controller JVC JVC RM-G870U Edit Controller 1
VC-G9050U Editing Cables 1
Production Ross Ross Synergy 100 Panel 1
Switcher
Camera Thomson Thomson OCP42 Remote Panels 3
Audio Board Mackie Mackie 32x8 Audio Board w/PS 1
Audio Monitoring JBL JBL Control 5 Speakers 2
Crown Crown Amplifiers D-75A 3
Videotek Videotek Audio DA ADS-24 1
Intercom RTS RTS MCE325 Combination Station 1
Routing Ross Ross Router Panel RCP-251 1
Bitree Bittree Audio Patch Bay 3
Audio Gear Denon Denon MD DM-M1050R 1
Denon Denon CD DN-T645 1
Camera System Thomson Thomson 1707 Camera w/Lens attached
Viewfinder and cables 3
Vinten Vinten 250 Head 2
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2013-241
Type Manufacturer Model Qnty
Vinten Vinten Pro Pedestal 2
Camera System JVC JVC DV500 w/lens attached and 1
Anton Baur Anton Baur battery system 1
Vinten Vinten Vision 6 head 1
Vinten Vinten Tripod 1
Field JVC JVC D9 DY-70U Camera w/Lens 2
attached
Field Vinten Vinten Vision 11 Head 2
Field Vinten Vinten Vision 11 Tripod 2
Field Anton Bauer AB Battery System w/batteries 2
Field JVC D-9 Camera Cases 2
Sony Sony Wireless WRR-862 2 Channel 1
Rx
Sony Sony WRR-861 Receiver 1 Channel 1
Sony Sony WRT-808a Transmitter 1 2
Channel
Anton Bauer Anton Bauer Ultralight 2 1
CB-750 Camera Case 1
Editing System Dell Dell Precision Workstation 340 1
Mini Tower
NEC NEC 22" Display Monitor 1
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2013-241
Type Manufacturer Model Qnty
Avid Avid Express DV 3.5 Software 2
Chyron Lyric Offline Graphics Software 1
Firewire Drive 1
Monitors JVC JVC 13" TM-H1375SU 1
Ikegami Ikegami 9" PM-K9 B/W 1
Routing Sigma Sigma 8x8 Router 1
Ocean Matrix Ocean Matrix Firewire Router 2
Ross Ross Router Panel RCP-251 1
Conversion Miranda Miranda DV-Bridge 1
Miranda Miranda ASD-771 1
Canopus Canopus ADVC50 Converter 1
Videotape JVC JVC D9 BR-D750U 2
Recorders
SA-DV60U Firewire Option 2
Sony Sony Beta SP VTR 1
JVC JVC DV BR-DV3000 1
JVC JVC SVHS SR-S365U 1
ENG Cameras JVC JVC - GYHD200 with 3
JVC JVC -HD100 Hard Drive 3
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2013-241
Type Manufacturer Model Qnty
JVC JVC-KA1000 FD Solid State 3
Recorder
JVC JVC-GYHM100 2
Canon Canon EOS 5DMarkII 2
Pan and Tilt Sony Sony EVID-70 4
System
Sony Sony RM-300 Controller 1
Camera Support EZ EZ Jib 2
Audio Sennheiser Sennheiser EW-100 wireless 7
RX/TX Set
Editing Apple iMacs 16
Workstations
MacPro 1
mac mini 1
Production System BroadcastPix Broadcast Pix Slate 100 G 1
Storage Area Editshare 4 TB Editshare Network Storage 1
Network
Editing Software Avid Avid Media Composer 4 to 5 8
Apple Apple Final Cut Studio 7 6
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2013-241
City Hall Parking Structure
Type Manufacturer Model Qnty
Vehicles 1995 Ford (351) 1FMDA31XX8ZB74972 1
Aerostar
1997 Ford (1087) 1FTER1421VHC92122 1
Econoline
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2013-241
EXHIBIT"B"
IEMG CONTRACTS
[Attached on following pages.]
2013-241
1 SERVICES AGREEMENT
2 Recurring Production
3 THIS AGREEMENT is entered into this 1st day of Feb • 2009,
4 between San Bernardino City Unified School District (CLIENT) and the CATV
5 Production Facility(CATV).
6 WITNESSETH:
7 A. WHEREAS,CLIENT has need for contract services and,
8' B. WHEREAS, CATV is competent, experienced and able to perform said
9 services:and,
10 C. WHEREAS, CATV has provided the most advantageous and best
11 responsible proposal for the providing of such services;
12 NOW THEREFORE,the parties hereto agree as follows:
13 1. CATV shall furnish contracting services in accordance with the attached Production
14 Budget Worksheet and CATV'S best and final offer dated Feb. 1 ,2009
15 2. Over the term of this Agreement, CATV shall be paid for such services an amount in
16 accordance with the Production Budget Worksheet and CATV'S best and final offer
17 dated Feb. 1,2009_.
18 3. CATV shall provide CLIENT with a monthly invoice in arrears. CLIENT retains the
19 right to challenge all or any part of an invoice.
20 4. The initial term of this Agreement shall be 515 days from the date first shown
21 above and is subject to termination by either party upon thirty- (30) days written
22 notice to the other.
Page 1 of 3
2013-241
1 5. CLIENT shall indemnify, defend and hold CATV, its officers, employees and agents
2 harmless from any claim, demand, liability, suit, judgment or expense (including,
3 without limitation, reasonable costs of defense) arising out of or related to CATV'S
4 performance of this agreement, except that such duty to indemnify, defend and hold
5 harmless shall not apply where injury to person or property is caused by CATV'S
6 willful misconduct or sole negligence.
7 6. CATV shall perform work tasks as directed by the Economic Development Agency,
8 City of San Bernardino.
9 7. In the performance of this Agreement and in the hiring and recruitment of employees,
10 CATV shall not discriminate on the basis of race, creed, color,religion, sex,physical
11 handicap, ethnic background or country of origin.
12 8. The CLIENT agrees to all terms and conditions in the attached CATV Terms and
13 Conditions document.
14 9. Any notice to be given pursuant to this Agreement shall be certified or receipted
15 addressed as follows:
16 TO CATV: CATV Production Facility
17 City of San Bernardino
18 201 North"E"Street,Suite 206
19 San Bernardino CA 92401-1507
20 TO THE CLIENT San Bernardino City Unified School District
21 Attn: Purchasing Services Department,Contract Analyst
22 777 North F Street
23 San Bernardino, CA 92410
Page 2 of 3
2013-241
1 Nothing in this paragraph shall be construed to prevent the giving
2 of notice by personal service.
3
4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
5 the day and date first above shown.
6 CLIENT
7 San Bernardino City Unified School District
9 Date: JAN 2 8 2009 b .
y
to ohammad Z.Islam
11 Chief Business and Financial Officer
12
13 ECONOMIC DEVELOPMENT AGENCY,
14 City of San Bernardino
15 /16 Date: -y/.0 5 by: 01 ,
V('inoTy 17 !
18 CATV Manager
Page 3 of 3
2013-241
PRODUCTION BUDGET WORKSHEET CONTRACT #:
Client: San Bernardino City Unified School District Contact: Linda Bardere
Address: 777 North F Street, San Bernardino, CA 92410
Email: jinda.barderealsbcusd.k12.ca.us Telephone: (909)381-1250 Fax: (909)388-1451
BILLING INFORMATION: (Information needed to process contract)
Contact: Mohammad Z. Islam, Chief Business and Financial Officer
Address: 777 North F Street, San Bernardino,CA 92410
Email: mohammad.islam ar.sbcusd.k12.ca.us Telephone: ' (909) 381-1164 Fax: (909)381-1375
SERVICES Hour x Rate. SERVICES Hour x.Rate
Studio Facilities (2 hr min) x_____/hr Set& Light(3 crew) x /hr
Studio Only (4 hr min) ,x /hr Production Setup: x 1 hr
_day x /day •
1 Camera Remote (2hr min) - x /hr Additional Personnel: x /hr
2 Camera Remote (2hr min) ,x /hr x, /hr
3 Camera Remote (4hr min) x /hr x /hr
x /hr
Edit Bay(Linear/NonLinear) x /hr
Travel Time: x /hr
Dubs: DVD /$ Mileage: miles x.585/mile
OTHER /$
Government Mtg.Coverage ;110/hr+ mileage
Videotape Purchase: type # Tapes x$ 1 tape
type # Tapes x$ /tape
type # Tapes x$ /tape
Comments:Using two staff pers•ns 1 hr setup odor to meeting(4:30-5:30)and up to a 9:00 A.M.formal a•loumment.as evidenced in
the meeting minutes. When staff Is required before ' d each 30 mint:s or portion thereof shall be paid at$55.supported by written
request(e-mail acceptable iron the School District's contact :o a.• ; . When meetin!s ad.urn alter 9:00-15 minutes forpackupl
:;nu• .11 be added t. Iii: •i1... : ad'. rnm:nt lime.and each 30 minutes or portion thereof after 9:00 A.m.shall be paid at$55.
• -/oduction Cost: $ eer tg.+ no mileage Final Production Cost: $ 495 per meeting
J 2 8 2D09 -
�4 • -— ..��.,' - /II. Feb. 1. 2009
C ient Date ,-:e ;,.or 7 /., Date
ohammad Z. Islam 1
Chief Business and Financial Officer -�� au, -1k1b S
. / ,W nager/ Date
TERMS: A non-refundable deposit of 50% may be required. Advertising contracts require 50%
deposit upon initial contract signing, and the 50% balance upon completion. Delinquent
accounts will be charged an additional 15% delinquency fee per month on the balance due.
The production budget is an estimate of costs based on information supplied by the client. Actual facility use will be
utilized to determined final production costs. If the cost of production is anticipated to go over the above estimate the
overage will be approved by the client before any additional work is performed. Net 30 days after receipt of final
videotapefs released to client. Please read the TERMS and CONDITIONS.
Distribution: White:Administration Yellow:Finance Pink:Production Goldenrod:Client
2013-241
•
CATV TERMS AND CONDITIONS
1. PRICES: Prices quoted herein for all items and services shall be the prices of
CATV in force at the date of acceptance by the Client. Client will receive and
accept a written price quotation, based on projected needs of the Client and
CATV's price schedule in advance of the production or services. Additional
services that may be requested by the Client beyond those detailed on the written
price quotation may be provided at the request of the Client and billed using
CATV's price schedule. CATV's price schedule reflects prices for existing
permanent personnel and equipment. Prices for personnel and equipment beyond
those considered permanent must be negotiated on an individual basis. Client will
be billed for set-up and teardown time. Client will also be billed for waiting time
except in the case of a technical failure. Client will receive and sign a report at the
conclusion of the production or services acknowledging the actual time and
facilities used.
2. MINIMUM CHARGES AND INCREMENTS: A minimum charge of $ or the
rate of one hour of facilities or services, whichever is greater, shall be in effect in
each case.
3. BILLING AND PAYMENTS: In some cases a deposit of 50% of the quoted price
is due and payable before services are rendered. In the event a deposit is
necessary the date for delivery and acceptance of deposit shall be discussed and
mutually agreed upon before any production service agreements are signed by the
Cable Television Manager, or by his/her designee, and the Client. Payment is due
net 30 days following the date of invoice. Checks should be made payable to:
Economic Development Agency, CATV.
Until full payment has been made by the Client, CATV shall retain final production.
4. TRANSPORTATION AND TAXES: Transportation to and from CATV premises
shall be at the Client's risk and expense. Unless requested by the Client, all
materials shipped to the Client will be shipped on a collect basis by a carrier
specified by the Client. A handling charge will be added to all prepaid shipments.
CATV will not accept C.O.D. deliveries addressed to the Client unless arrangements
are made for pre-payment to CATV for such anticipated charges. Existing local,
state, federal or other government charges for sales, manufacturing, excise and use
taxes have been included in CATV's price schedule.
5. QUOTATIONS: All written quotations submitted by CATV shall be valid for sixty
(60) days from the date of submission. Oral quotations may be provided for the
convenience of the Client, but such oral quotations shall not imply or constitute a
binding contract.
Signature of the Client on and return of the quotation to CATV shall constitute a
binding contract. At the Clients request should the needs of the project go beyond
the specified time limits quoted within the production budget, the Client will be
responsible for any and all additional production charges to complete the project.
The same applies for quotes of flat rate productions.
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6. BREACH: If, for reasons beyond the control of the CATV is unable to provide the
Client with facilities as quoted, CATV will endeavor, but not guarantee to, furnish
equal facilities at another date at no penalty to the Client. If CATV is unable to
furnish such equal facilities, the Client's deposit will be returned within 48 hours of
cancellation. If the Client desires to cancel scheduled facilities use, the Client shall
inform CATV's agent within 48 hours of scheduled use. If the Client fails to give
required notice, the Client's deposit will be forfeited as a breach of contract.
7. WARRANTIES: CATV endeavors to maintain facilities in good operating condition
and repair and its premises in a safe condition, but make no warranties with respect
to either. All facilities used hereunder shall be used by the Client at the Client's
sole risk. CATV shall not be liable or responsible in any way for damages or
otherwise to the Client or any of the Client's officers, agents, employees or
invitees, for loss or injury of any kind to person or property, whether caused by
casualty or by an act of omission, negligent or otherwise of CATV, its officers,
agents, licensees or invitees, or by the condition of the facilities or by any failure of
the facilities to function properly or by the foregoing. It is understood that CATV
shall use its best efforts to coordinate its facilities to the end that the production
schedule shall be satisfactory to the Client. However, CATV shall not be under any
obligation to establish schedules for facilities which will make it possible for the
Client to meet its contractual commitments for delivery of programs or otherwise,
and CATV shall have the sole, final and complete control in establishing the
schedules for the furnishing of personnel and facilities and the Client shall comply
with such schedule.
8. INDEMNIFICATION: The Client shall, at all times, indemnify and hold harmless,
the CATV, its officers, directors, employees, agents from and against any and all
claims, damages, costs, liabilities and expenses, including reasonable counsel fees
and disbursements arising out of, or resulting from any acts or omissions by the
Client, its employees, officers, agents, licensees, in connection with the Client's
occupancy of CATV's premises and/or uses of the technical facilities personnel and
services furnished hereunder, or in any other way by reason of CATV's entering
into this agreement with the Client. The Client shall also reimburse CATV for any
damage to, or destruction of, any facilities or premises furnished hereunder to the
extent that same are damaged or destroyed by the Client or any of its officers,
agents, employees, licensees or invitees.
9. INSURANCE: CATV has sufficient insurance to cover all facilities and personnel
of the production facility. However, CATV does not carry, and shall not be
responsible for insurance coverage of the Client's employees, officers, agents,
invitees or property. The Client shall, upon request, furnish CATV with verification
of insurance coverage. In addition, Client will, at the request of CAN, provide
additional insurance coverage where coverage is not provided for in the CATV
policy.
10. CLIENT'S PACKAGE: The Client shall furnish all elements required for the
production and recording thereof, except the facilities and special provisions stated
in this contract and provided by CATV. All contracts made by the Client for the
furnishing of such elements shall be entered into by the Client as principal, and the
Client shall not be deemed to be CATV's agent in negotiating or entering into any
such contract. Client shall provide staff for production assistant duties, including
refreshment services, script writing and other such services related to the
production unless prior paid arrangements are made with CATV.
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11. CLIENT'S WARRANTIES: Client warrants and represents that:
A. It is free to enter into and fully perform this agreement.
B. Client has secured all necessary rights to produce, record, perform,
broadcast, use and re-use the production and all material on which it is
based or which are included in said production.
C. Use of the production will not violate any federal, state, or local law or
government regulation and will not infringe upon or violate the rights
of any person or party.
D. Content of material to be recorded, edited, or displayed on CATV's
facilities or equipment is suitable for cablecast on the air. The
suitability of such material shall be the sole judgment of CATV's
agent.
12. GENERAL: The Client may not assign this agreement or any of its rights
hereunder, nor permit use of the facilities by any other person or party.
This agreement constitutes the entire understanding between City of San
Bernardino, CATV and the Client.
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r i
1 SERVICES AGREEMENT
2 Recurring Production
3 THIS AGREEMENT is entered into this 1st day of January
4 2009, between City of Rancho Cucamonga (CLIENT) and the CATV Production
5 Facility(CATV).
6 WITNESSETH:
7 A. WHEREAS,CLIENT has need for contract services and,
8 B. WHEREAS, CATV is competent, experienced and able to perform said
9 services: and,
10 C. WHEREAS, CATV has provided the most advantageous and best
1 t responsible proposal for the providing of such services;
12 NOW THEREFORE,the parties hereto agree as follows:
13 1. CATV shall furnish contracting services in accordance with the attached Production
14 Budget Worksheet and CATV'S best and final offer dated 11/7 .
15 2. Over the term of this Agreement, CATV shall be paid for such services an amount in
16 accordance with the Production Budget Worksheet and CATV'S best and final offer
17 dated 11/7/08_
18 3. CATV shall provide CLIENT with a monthly invoice in arrears and shall be provided
19 payment within thirty(30) days there from. CLIENT retains the right to challenge all
20 or any part of an invoice.
21 4. The initial term of this Agreement shall be 30 days from the date first shown
22 above and is subject to termination by either party upon thirty- (30) days written
23 notice to the other.
Page 1 of 3
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1 5. CLIENT shall indemnify, defend and hold CATV, its officers, employees and agents
2 harmless from any claim, demand, liability, suit, judgment or expense (including,
3 without limitation, reasonable costs of defense) arising out of or related to CATV'S
4 performance of this agreement, except that such duty to indemnify, defend and hold
5 harmless shall not apply where injury to person or property is caused by CATV'S
6 willful misconduct or sole negligence.
7 6. CATV shall perform work tasks as directed by the Economic Development Agency,
8 City of San Bernardino.
9 7. In the performance of this Agreement and in the hiring and recruitment of employees,
10 CATV shall not discriminate on the basis of race, creed, color, religion, sex,physical
11 handicap,ethnic background or country of origin.
12 8. The CLIENT agrees to all terms and conditions in the attached CATV Terms and
13 Conditions document.
14 9. Any notice to be given pursuant to this Agreement shall be certified or receipted
15 addressed as follows:
16 TO CATV: CATV Production Facility
17 City of San Bernardino
18 201 North"E"Street, Suite 206
19 San Bernardino CA 92401-1507
20 TO THE CLIENT Erika Lewis-Huntley
21 City of Rancho Cucamonga
22 10500 Civic Center Drive
23 Rancho Cucamonga CA 91729-0870
Page 2 of 3
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Nothing in this paragraph shall be construed to prevent the giving
2 of notice by personal service.
3 /
4 /
5 /
6 /
7 /
8 1
9 /
10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
11 the day and date first above shown.
12 CLIENT
13 Date: 6.4-2009 by: Pam Easter
14 Assistant Cit Mana•er
15 C IENT
16 lytta,AS �C >
17 Signature
18 ECONOMIC DEVELOPMENT AGENCY,
19 City of San Bernardino
20 /
21 Date: h//0 5 by:
22 Lori Panzino -4 lery
Z3 CATV Manager
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PRODUCTION BUDGET VV'RKSHEET CVNTRACT #:
Client City of Rancho Cucamonga Contact: Erika Lewis-Huntley ,
Address: 10500 Civic Center Drive Rancho Cucamonga CA 91729-0870
Email: Erika.Lewis-Huntlevacitvofrc.us Telephone:909-477-2700 ext 2008 Fax: 909-477-2846
BILLING INFORMATION: (Information needed to process contract)
Contact: Erika Lewis-Huntlev
Address: 10500 Civic Center Drive Rancho Cucamonga CA 91729-0870
Email: Erika.Lewis-Huntlev@cityofrc.us Telephone:909-477-2700 ext 2008 Fax: 909-477-2846
SERVICES Hour x Rate SERVICES Hour x Rate
Studio Facilities (2 hr min) x /hr Set & Light (3 crew) x /hr
Studio Only(4 hr min) x /hr Production Setup: x /hr
day x /day
1 Camera Remote(2hr min) x /hr Additional Personnel: x /hr
2 Camera Remote (2hr min) x /hr x /hr
3 Camera Remote(4hr min) x /hr x /hr
x /hr
Edit Bay(Linear/NonLinear) x /hr
Travel Time: x /hr
Dubs: DVD /$ Mileage: (Round trip) 66 miles x.585/mile
OTHER / $
Government Mtg.Coverage 110/hr+ mileage
Videotape Purchase: type, # Tapes x$ /tape
type # Tapes x$ /tape
type # Tapes x$ /tape
Comments: 1 hr setup+ up to a 3 hour meeting using up to 2 staff persons. An additional$55/half
hour after 10:00Dm thereafter.
Est. Production Cost: $440+ $38.61 Final Production Cost: $478.61
1359_,' 11[7/08 Id, 11/7/08
Client Date / S upe J.r Date
i� A / 11/7/08
turFF*Ter Date
P.TERMS: A non-refundable deposit of 50% may be required. Advertising contracts require 50%
deposit upon initial contract signing, and the 50% balance upon completion. Delinquent
accounts will be charged an additional 15% delinquency fee per month on the balance due.
The production budget is an estimate of costs based on information supplied by the client Actual facility use will be
utilized to determined final production costs. If the cost of production is anticipated to go over the above estimate the
overage will be approved by the client before any additional work is performed. Net 30 days after receipt of final
videotape/s released to client. Please read the TERMS and CONDITIONS.
Distribution: White:Administration Yellow:Finance Pink:Production Goldenrod:Client
2013-241
CAN TERMS AND CONDITIONS
1. PRICES: Prices quoted herein for all items and services shall be the prices of CATV
in force at the date of acceptance by the Client. Client will receive and accept a written
price quotation, based on projected needs of the Client and CATV's price schedule in
advance of the production or services. Additional services that may be requested by
the Client beyond those detailed on the written price quotation may be provided at the
request of the Client and billed using CATV's price schedule. CATV's price schedule
reflects prices for existing permanent personnel and equipment. Prices for personnel
and equipment beyond those considered permanent must be negotiated on an
individual basis. Client will be billed for set-up and teardown time. Client will also be
billed for waiting time except in the case of a technical failure. Client will receive and
sign a report at the conclusion of the production or services acknowledging the actual
time and facilities used.
2. MINIMUM CHARGES AND INCREMENTS: A minimum charge of$110 or the rate of
one hour of facilities or services, whichever is greater, shall be in effect in each case.
3. BILLING AND PAYMENTS: In some cases a deposit of 50% of the quoted price is
due and payable before services are rendered. In the event a deposit is necessary the
date for delivery and acceptance of deposit shall be discussed and mutually agreed
upon before any production service agreements are signed by the Cable Television
Manager, or by his/her designee, and the Client. Payment is due net 30 days following
the date of invoice. Checks should be made payable to: Economic Development
Agency, CATV.
Until full payment has been made by the Client, CAN shall retain final production.
4. TRANSPORTATION AND TAXES: Transportation to and from CAN premises shall
be at the Client's risk and expense. Unless requested by the Client, all materials
shipped to the Client will be shipped on a collect basis by a carrier specified by the
Client. A handling charge will be added to all prepaid shipments. CAN will not accept
C.O.D. deliveries addressed to the Client unless arrangements are made for pre-
payment to CATV for such anticipated charges. Existing local, state, federal or other
government charges for sales, manufacturing, excise and use taxes have been
included in CATV's price schedule,
5. QUOTATIONS: All written quotations submitted by CAN shall be valid for sixty (60)
days from the date of submission. Oral quotations may be provided for the
convenience of the Client, but such oral quotations shall not imply or constitute a
binding contract.
Signature of the Client on and return of the quotation to CATV shall constitute a binding
contract. At the Clients request should the needs of the project go beyond the specified
time limits quoted within the production budget, the Client will be responsible for any
and all additional production charges to complete the project. The same applies for
quotes of flat rate productions.
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6. BREACH: If, for reasons beyond the control of the CATV is unable to provide the
Client with facilities as quoted, CATV will endeavor, but not guarantee to, furnish equal
facilities at another date at no penalty to the Client. If CATV is unable to furnish such
equal facilities, the Client's deposit will be returned within 48 hours of cancellation. If
the Client desires to cancel scheduled facilities use, the Client shall inform CATV's
agent within 48 hours of scheduled use. If the Client fails to give required notice, the
Client's deposit will be forfeited as a breach of contract.
7. WARRANTIES: CATV endeavors to maintain facilities In good operating condition
and repair and its premises in a safe condition, but make no warranties with respect to
either. All facilities used hereunder shall be used by the Client at the Client's sole risk.
CATV shall not be liable or responsible in any way for damages or otherwise to the
Client or any of the Client's officers, agents, employees or invitees, for loss or injury of
any kind to person or property, whether caused by casualty or by an act of omission,
negligent or otherwise of CAN, Its officers, agents, licensees or invitees, or by the
condition of the facilities or by any failure of the facilities to function properly or by the
foregoing. It is understood that CATV shall use its best efforts to coordinate its facilities
to the end that the production schedule shall be satisfactory to the Client. However,
CATV shall not be under any obligation to establish schedules for facilities which will
make it possible for the Client to meet its contractual commitments for delivery of
programs or otherwise, and CATV shall have the sole, final and complete control in
establishing the schedules for the furnishing of personnel and facilities and the Client
shall comply with such schedule.
8. INDEMNIFICATION: The Client shall, at all times, indemnify and hold harmless, the
CATV, its officers, directors, employees, agents from and against any and all claims,
damages, costs, liabilities and expenses, including reasonable counsel fees and
disbursements arising out of, or resulting from any acts or omissions by the Client, its
employees, officers, agents, licensees, in connection with the Client's occupancy of
CATV's premises and/or uses of the technical facilities personnel and services
furnished hereunder, or in any other way by reason of CATV's entering into this
agreement with the Client. The Client shall also reimburse CATV for any damage to, or
destruction of, any facilities or premises furnished hereunder to the extent that same
are damaged or destroyed by the Client or any of its officers, agents, employees,
licensees or invitees.
9. INSURANCE: CAN has sufficient insurance to cover all facilities and personnel of
the production facility. However, CATV does not carry, and shall not be responsible for
insurance coverage of the Client's employees, officers, agents, invitees or property.
The Client shall, upon request, furnish CATV with verification of insurance coverage. in
addition, Client will, at the request of CATV, provide additional insurance coverage
where coverage is not provided for in the CATV policy.
10. CLIENT'S PACKAGE: The Client shall furnish all elements required for the
production and recording thereof, except the facilities and special provisions stated in
this contract and provided by CATV. All contracts made by the Client for the furnishing
of such elements shall be entered into by the Client as principal, and the Client shall not
be deemed to be CATV's agent in negotiating or entering into any such contract. Client
shall provide staff for production assistant duties, including refreshment services, script
writing and other such services related to the production unless prior paid arrangements
are made with CATV.
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• 11. CLIENT'S WARRANT uuS: Client warrants and representsr a eat:
A. it is free to enter into and fully perform this agreement.
B. Client has secured all necessary rights to produce, record, perform,
broadcast, use and re-use the production and all material on which it is
based or which are included in said production.
C. Use of the production will not violate any federal, state, or local law or
government regulation and will not infringe upon or violate the rights of
any person or party.
D. Content of material to be recorded, edited, or displayed on CATV's
facilities or equipment is suitable for cablecast on the air. The suitability of
such material shall be the sole judgment of CATV's agent.
12. GENERAL: The Client may not assign this agreement or any of its rights hereunder,
nor permit use of the facilities by any other person or party.
This agreement constitutes the entire understanding between City of San Bernardino,
CATV and the Client.
•
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(•
^ice
F ._. IEMG
Inland Empire Media Group
City of San Bernardino
ECONOMIC DEVELOPMENT AGENCY
CONTRACT SERVICES AGREEMENT
May 11,2010
The City of San Bernardino,Economic Development Agency-Inland Empire Media Group
(hereafter shown as"IEMG"),is pleased to provide the Local Agency Formation Commission—San
Bernardino(LAFCO)with Commission Hearing Production Services at a flat fee of$300 per heating from
the July 1,2010 through June 30,2010. IEMG agrees to provide staff for each hearing. The hearing
schedule is as follows:
July 21,2010 September 15,2010 November 17,2010
January 19,2011 March 16,2011 May 18,2011
In the event that LAFCO wishes to have additional hearings staffed by IEMG,IEMG guarantees the
following rates for a period of one year.
(1) Production/Technical Operator Q,$300 per hearing
(2) Additional DVDs requested by LAFCO Q$15 each
The following table specifies the included and excluded job functions for the provided staff.Excluded job
functions are available to LAFCO as needed at an additional cost.
Job Functions: Excluded functions:
• System setup and shutdown • Videotape editing
• Camera operations • Equipment maintenance
• Tape operations • Videotape duplication
• Audio operations • Training
• Switcher operations
• Character generator operations
Either LAFCO or IEMG may terminate this contract agreement by submitting 30 days written notice.
Either LAFCO or IEMG may cancel production services for a hearing by submitting 21 days written notice.
IEMG will invoice LAFCO on a monthly basis for services rendered.
IEMG shall provide LAFCO with two DVDs of each production at no additional cost. IEMG may charge
$15 for each additional DVDs requested by LAFCO.
Klyde Layon,IEMG Broadcast Engineering Coordinator,will..et as contract administrator on behalf of
IEMG:.He i j • k ctly with the designated LAFCO s : I to dc'. tate +'s agreement.
r/I Dater/3/d Al�► -/.- /I. .1 Date:5/12/10
Lo Pr ill fr EAr anager een 'oll i gs- c i malt
City of San B s ardino Ex cutiv Officer
Economic Development Agency Local Agency Formation Commission
201 North E Street,Suite 301, San Bernardino,California 92401-1507 (909)384-5147 Fax(909)384-5580
www.tv3medla.org