HomeMy WebLinkAbout06.B- City Manager RESOLUTION(ID#2622) DOC ID: 2622 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Allen Parker M/CC Meeting Date: 08/05/2013
Prepared by: Rebekah Kramer, (909) 384-
7272 x3979
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Concurring with
the Successor Agency to the Redevelopment Agency of the City of San Bernardino and
Approving the of Transfer Assets, Service Contracts and Public, Educational & Government
(PEG)Fund Account Balances Related to the Inland Empire Media Group (IEMG)to the City of
San Bernardino. (#2622)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Refer to information containted in Doc ID 2620
Balance as of: <<Insert Date>>
' Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
The Mayor and Common Council,by Resolution No-2009-23 and the Community Development
Commission by Resolution No-CDC/2009-5 on February 2, 2009, elected to transfer personnel
and certain assets of IEMG formerly called the"CATV Division"from the City of San
Bernardino to the Redevelopment Agency of the City of San Bernardino.
Background:
Refer to information provided in Doc ID#2620
City Attorney Review:
Supporting Documents:
reso 2622 (PDF)
EXHIBIT A- IEMG INVENTORY OF ASSETS (PDF)
EXHIBIT B - IEMG CONTRACTS (PDF)
EXHIBIT C - IEMG PROJECTED BUDGET (PDF)
Updated:7/31/2013 by Henry Empeno Jr.A
1 RESOLUTION NO.
2 -RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO CONCURRING WITH THE SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
4 BERNARDINO AND APPROVING THE TRANSFER OF ASSETS, SERVICE
CONTRACTS AND PUBLIC, EDUCATIONAL & GOVERNMENT (PEG)
S FUND ACCOUNT BALANCES RELATED TO THE INLAND EMPIRE
6 MEDIA GROUP (IEMG) 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,
U
9 approved the transfer of personnel and certain assets of the Inland Empire Media Group (IEMG) 2
10 then called the "CATV Division" from the City of San Bernardino to the Redevelopment Agency of w
11 the City of San Bernardino; and
c�
12 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("RDA") was w
13 dissolved as of February 1, 2012; and N
N
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; c
.N
16 WHEREAS, because of the dissolution of the RDA, the Successor Agency must consider the W
N
17 transfer of IEMG to the City of San Bernardino; and o
N
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
E
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
a
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
1 Packet Pg.443
I 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
WHEREAS DIVCA further provides certain protections to PEG activities and confirms the 2
9 ,
p P
10 ability of local governmental entities such as the City to collect a five percent (5%) franchise fee y
c
II` 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 w
13 purposes; and N
to
E 14 WHEREAS, DIVCA specifies that franchise fee revenues collected in excess of a five .,
15 percent (5%) franchise fee, such as the one percent (I%) amount allowed pursuant to DIVCA, shall
.y
16 be used and applied for the purchase and support of capital expenditures, equipment and facilities
N
17 and not for the payment of operating expenses such as salaries, utilities and similar cost items; and o
0
18 WHEREAS, DIVCA, at Public Utilities Code Section 5870(n), also permits local d
L
19 governments that operate a PEG facility to establish a I% fee to support PEG channel facilities(San
E
20 Bernardino Municipal Code Section 14.08.25(A)) and to further seek revenue sources such as U
21 advertising, sponsorships and underwriting contributions from private sources in furtherance of the
a
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
28
2 Packet Pg.444
I 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"
U
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 2 C the PEG
{ ){ )( ), {g){ )( ), n
r-
11 11 Funds can only be used for "capital costs" for "public, educational, or governmental access 2
CD
12 facilities", which is defined in 47 USC 522(16) as "channel capacity designated for public, w
13 educational, or governmental use; and facilities and equipment for the use of such channel o
v
14 capacity"; and
15 WHEREAS, the IEMG Service Contracts are included in Exhibit "B" attached to this .2
16 Resolution and incorporated herein; and
17 WHEREAS, because the IEMG Assets and PEG Fund balances constitute governmental N
0
18 purpose property originally owned by the City and because the transfer of the IEMG Assets and d
19 PEG Fund balances will, in effect, transfer the administrative burden and expense of IEMG
E
20 operations from the Successor Agency to the City, no compensation will be paid by the City to the
V
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") to take certain official actions pursuant to this Resolution,
24 subject to a concurrence Resolution as may be adopted by the Successor Agency, and such
25 adoption of Resolutions by the Successor Agency and the Mayor and Council shall constitute the
26 binding agreement as between the Successor Agency and the City as to the matters addressed in
27 this Resolution.
28 i
3 Packet Pg.445
1 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
2 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
3 FOLLOWS:
4 Section 1. The Mayor and Council hereby approves this Resolution and directs City
5 Staff to act in accordance with the directives as contained herein. Furthermore, the City seeks the
6 concurrence of and to the extent necessary by the adoption of a corresponding concurrence
7 Resolution by the Successor Agency thus committing Successor Agency and Agency Staff to
8 similarly act in accordance with the directives as contained herein and as shall be contained in such
U
9 concurrence Resolution of the Successor Agency.
w
10 Section 2. The Mayor and Council hereby approves the transfer of all PEG Fund U)
c
11 balances currently held by the Successor Agency to the City in a single lump sum payment.
c�
12 Section 3. The Mayor and Council hereby approves the transfer of all IEMG Assets w
13 currently held by the Successor Agency to the City as listed in Exhibit "A", an itemized inventory o
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 0
A
16 (collectively defined herein as the "Other IEMG Property Rights") currently held by the Successor W
17 Agency for the use and benefit of IEMG. o
0
18 Section 4. The Mayor and Council hereby approves the assignment and transfer from the d
L
19 Successor Agency to the City of the three IEMG Service Contracts (City of Rancho Cucamonga,
E
20 San Bernardino City Unified School District, and the San Bernardino Local Agency Formation
x
21 Commission(LAFCO)) included in Exhibit"B". a
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 City shall
28 cooperate fully with the Successor Agency to expedite such transfer of funds to the City.
4 Pg.4M
6B.a
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 Mayor and Council hereby approves the IEMG Asset, Service Contracts
8 and PEG Fund balance transfers to the City of San Bernardino with the adoption of this Resolution.
v
9 Section 7. The Asset and Personnel Transfer Agreement approved by the Community
w
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.
12
i ••
' 13 o
14
_
15 O-
.y
d
16
N
17 c
N
O
18
d
r
19
E
20
21 a
22
23
24
25
26
27
28
5 Packet Pg.447
i
i
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CONCURRING WITH THE SUCCESSOR AGENCY TO THE
2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
3 APPROVING THE TRANSFER OF ASSETS, SERVICE CONTRACTS AND PUBLIC,
EDUCATIONAL & GOVERNMENT (PEG) FUND ACCOUNT BALANCES RELATED TO
4 THE INLAND EMPIRE MEDIA GROUP (IEMG)TO THE CITY OF SAN BERNARDINO
5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof,
7 held on the day of , 2013,by the following vote to wit:
8 Council Members: Ayes Nays Abstain Absent
v
9 MARQUEZ g
10 JENKINS JT
NJ
C
11 VALDIVIA L
12 SHORETT w
13 KELLEY C;;
N
14
JOHNSON N
15 MC CAMMACK c
A
16
17 Georgeann Hanna, City Clerk N
18
19 The foregoing Resolution is hereby approved this day of , 2013.
d
E
20
21
a
22 Patrick I. Morris, Mayor
City of San Bernardino
23
24 Approved as to form:
James F. Penman,
25 City Att rney
26 By. •.
27
28
6 Packet Pg.448
6.B.b
,- EXHIBIT "A"
INVENTORY OF TEMG ASSE'T'S
[Attached on following pages.]
U
U
y
C
L
cV
G
W
N
N
W
N
U)
H
W
N
Q
LL
0
0
H
Z
W
Z_
U
W
Q
H
m
S
X
W
C
d
E
t
v
R
Q
Packet Pg.449
Type Manufacturer Model Qnty
Cite Hall-300 North D Street
Control Room Newtek Video Toaster PC w/2 LCD 1
monitors
Panasonic BT-S702 Color Monitors 2
I Panasonic WV-5380 B&W Monitors 2 v
JVC CM-31720 Color Monitors 2 L
d
w
U)
Sharp 13" Color Monitor 1 r-
L
Radio Shack 13" Color Monitor 1
w
Sony VO-5850 Umatic VTR 1 N
N
�O
Sony VO-5800 Umatic VTR 1
Sony SVO-1250 VHS Recorder 1 y
Q
Sharp DV-HR300HDD 1 0
>
Optimus 103 VHS Recorder 1
z
Videotek TWM-60 Waveform Monitor 1 w
z
Videotek VSM-60 Vectorscope Monitor 1
w
Videotek VDA-16 Distribution Amp 1 a
Videotek ADA-16 Distribution Amp 1 in
x
X
Videotek PVS-6A Video Switcher 1 w
r
c
a�
Symetrix 402 Digital Delay Unit 1 E
M
Numark DM-1650 Audio Mixer 1 a
ADC Audio Patch Panel w/patch cables 1
ADC Video Patch Panel w/patch cables 1
I
Packet Pg.450
i
Type Manufacturer Model Qnty
Camera Control Ikegami RCPT-240 Remote Control Unit 4
TSM MCS-4000 Remote Controller 1
Lighting NSI NCM508 Lighting Controller 1
U
Signal Distribution Microwave Radio 23CX TRX Microwave Transmitter 3 v
Blonder Tongue Demodulators 3 1.1
H
C
Standard TVM 550 Demodulators 2
O
Vbrick Internet Device 1 w
Kramer Audio/Video Distribution Amp 2 cNNo
N
CO
F-
Presentation Extron IN1508 Scaling Presentation 1 N
Switcher
a
U-
Extron VCS-500 Scan Converter 1 O
}
O
Extron Distribution Amplifier 1 z
w
Extron VTT 4 ?
O
Extron VTR 6 w
Council Chamber Ikegami HL-240 3CCD Camera System with 3 m
x
Power supply w
TSM Pan/Tilt/Zoom Servo Head w/ 3 m
Power Supply
TSM Power Supply 1 a
Panasonic 42" Plasma Panel 2
Hitachi Ceiling Mounted Projector 1
Dell 19" LCD Monitor 1
2
Packet Pg.451
6.B.b . .
201 North E. Street, Suite 103
Type Manufacturer Model 'dots'
Blueline Blueline Automation Archive Computer w/DVD 1
Automation System Jukebox
I
System
I
BlueServe Computer 1
v
BlueMpeg Server Computer 2
L
II BlueAir Computer 1
R
L
BlueNas Storage 1
C7
BluePrep Computer 1 w
N
N
to
N
Avocent Avocent 8x1 KVM Switch 1 U)
LU
w
U)
Videotape JVC JVC D9 BR-D92U 1 a
U.
Recorders 0 O
SA-92U SDI Interface Card 1 0
z
W
JVC JVC DV BR-DV6000 1 ?
Sony Sony Beta SP BVW-70 1 w
a
JVC JVC SVHS SR-S365U 3
m
x
X
w
Monitor Ikegami Ikegami 9" PM-K9 B/W 14
c
m
JVC JVC 13" TM-H1375SU 1
�a
JVC JVC 17" TM-111750C 1 a
Routing Sigma Sigma 16x16 SS-2100-16 plus 1
Videotek Videotek Routing Switcher RS-12A 5
Ross Ross Talia Panels SKI I
3
Packet Pg.452
Type Manufacturer Model Qnty
Ross Ross Talia Panels RCP-251 1
Audio/Video Audio/Video Evertz 7700 Multiframe Tray 1
Monitoring Monitoring
7765AVM-4-VGA+3RU Card 1
U
7766AVM-4A+3RU Card 1 v
Videotek Videotek Demodulators DM-100 4
Wholer Wohler AMP1A Audio monitor 1 O
w
N
Videotek Videotek VTM 200 Multiformat 1 0
N
Monitor
VTM-200 Option 1 1 N
a
0
O
JBL JBL Control 5 Speakers 2
O
z
Intercom RTs RTS MCE325 combination station 1 j
z_
C7
Processing DBX DBX 166 Compressor/Limiter 4 w
a
Tascam Tascam LA80 2
m
x
Timing ESE ESE Clock ESE-161U 1 w
d
E
r
�a
Production Thomson Thomson 1707 Camera System w/ 3 Q
Equipment
CCU/Triax/Lens/Remote Panel
0
4
Packet Pg.453
Type Manufacturer Model Qnty
Chyror Chyron Duet LE Character 1
Generator
Lyric Software 1
Avocent KVM Switch LV220AM 1
U
Ross Ross Synergy 100 Control Chassis 1 g
6.
Editor Interface Option 1
c
�a
Satellite Feed Satellite Feed Satellite Dishes (2) and related 1
equipmt.
w
N
Avocent Avocent KVM Switch LV220AM 1 0
N
v
Uj
Avocent Avocent KVM Switch LV220AM 1
a
O
Routing Ross Ross Talia 32X32 Router 1
O
(Connects to above Ross Talia Main CPU 1 w
Router) >
z_
c�
ADC ADC Video Patch Panels 7 w
a
ADC ADC Audio Patch Panels 12
m_
x
Bitree. Bittree Patch Panel 1 x
w
c
Ross Ross Talia Panel RCP-251 1 m
E
Terminal Gear Ross Ross Tray with assorted Terminal 5 a
Gear(Distribution/Conversion)
Cards
ADC-8030A 5
CDK-111M 4
5
Packet Pg.454
6.s.b
Type Manufacturer Model Qnty
DAC-8013 3
DAC-8016 7
DFR-8110 6
DSA-8004 2
U
UDA-8005 14 v
DFR-8110A 1
C
MUX-8522-C 4
w
N
N
W
Videotek Videotek Audio DA ADS-24 2
Co
w
Intercom RTS RTS Power Supply PS15 2 0
RTS MRT327 combo 1
Z
w
Audio/Video Videotek Videotek VTM 200 Multi Format 1 z
Monitoring Mon.
w
VTM-200 Option 1 1 Q
m_
Wohler Wohler AMPI Audio Monitor 1 x
x
w
C
d
E
r
Timing Leitch Leitch DPS 575 Synchronizer w/ 1
panel a
Leitch DPS 575 Synchronizer w/o 2
panel
1394 Firewire Option 2
6
Packet Pg.455
I
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 v
U
TSL TSL Under Monitor Display 1
L
System N
L
Processing Tascam Tascam LA80 1
w
Monitors Ikegami Ikegami 9" PM-K9 B/W 14 N
N
w
JVC JVC 17" TM-H1750C 2
m
JVC JVC 13" TM-H1375SU 3 w
m
a
Evertz Evertz 3410 1 L-
O
>
m
O
Intercom RTS RTS MCE325 Combination Station 3
z
w
>
z
Audio/Video JBL JBL Control 5 Speakers 2
Monitoring w
TSL TSL VCA 1
m
Tektronics Tektronics WFM-601A 1 w
c
d
Routing Ross Ross Routing Panel Kameleon 1 r
�a
Ross Synergy 100 Aux Panels 2 a
Videotape JVC JVC D9 BR-D92U 2
Recorders
SA-92U SDI Interface Card 2
7
Packet Pg.456
'. .b
Type Manufacturer Model Qnty
JVC JVC DV BR-DV-3900 1
Edit Controller JVC JVC RM-G870U Edit Controller 1
VC-G9050U Editing Cables 1
U
Production Ross Ross Synergy 100 Panel 1 v
Switcher '
L
N
C
R
Camera Thomson Thomson OCP42 Remote Panels 3
O
w
N
Audio Board Mackie Mackie 32x8 Audio Board w/PS 1 0
N
N
H
W
N
Audio Monitoring JBL JBL Control 5 Speakers 2 a
U.
Crown Crown Amplifiers D-75A 3 0
O
Videotek Videotek Audio DA ADS-24 1
z
w
z
Intercom RTS RTS MCE325 Combination Station 1
W
Routing Ross Ross Router Panel RCP-251 1
CO
Bitree Bittree Audio Patch Bay 3 x
w
c
d
Audio Gear Denon Denon MD DM-M105OR 1 E
Denon Denon CD DN-T645 1 a
Camera System Thomson Thomson 1707 Camera w/Lens attached
Viewfinder and cables 3
Vinten Vinten 250 Head 2
8
Packet Pg. 457
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 v
v
Vinten Vinten Tripod 1
d
w
N
C
Field JVC JVC D9 DY-70U Camera w/Lens 2
attached O
I w
N
Field Vinten Vinten Vision 11 Head 2 W
N
Field Vinten Vinten Vision 11 Tripod 2
W
U)
Field Anton Bauer AB Battery System w/batteries 2 a
LL
0
Field JVC D-9 Camera Cases 2 O
O
z
Sony Sony Wireless WRR-862 2 Channel 1 W
Rx z
C7
Sony Sony WRR-861 Receiver 1 Channel 1 w
Q
Sony Sony WRT-808a Transmitter 1 2
Channel m
x
x
W
Anton Bauer Anton Bauer Ultralight 2 1
L
V
R
CB-750 Camera Case 1 a
Editing System Dell Dell Precision Workstation 340 1
Mini Tower
NEC NEC 22" Display Monitor I
9
Packet Pg.458
Type Manufacturer Model Qnty
i
Avid Avid Express DV 3.5 Software 2
Chyron Lyric Offline Graphics Software 1
Firewire Drive 1
U
Monitors JVC JVC 13" TM-H1375SU 1 v
Ikegami Ikegami 9" PM-K9 B/W 1
N
C
l0
H
Routing Sigma Sigma 8x8 Router 1
w_
Ocean Matrix Ocean Matrix Firewire Router 2
N
N
t0
Ross Ross Router Panel RCP-251 1
m
w
Conversion Miranda Miranda DV-Bridge 1 N
a
Miranda Miranda ASD-771 1 0
Canopus Canopus ADVC50 Converter 1 z
w
z
Videotape JVC JVC D9 BR-D750U 2
Recorders w
SA-DV60U Firewire Option 2
m_
x
X
Sony Sony Beta SP VTR 1 w
:.o
c
d
JVC JVC DV BR-DV3000 1 t
JVC JVC SVHS SR-S365U 1 a
ENG Cameras JVC JVC - GYHD200 with 3
JVC JVC - HD100 Hard Drive 3
10
Packet Pg.459
6. .
Type Manufacturer Model Qnty
JVC JVC-IKA1000 FD Solid State 3
Recorder
JVC JVC-GYHM100 2
Canon Canon EOS 5DMarkII 2
v
v
Pan and Tilt Sony Sony EVID-70 4 L
System y
c
Sony Sony RM-300 Controller 1
0
2
Camera Support EZ EZ Jib 2 w
N
N
t0
N
Audio Sennheiser Sennheiser EW-100 wireless 7
RX/TX Set
w
U)
Cn
Q
Editing Apple iMacs 16 O
Workstations
O
H
MacPro 1 z
w
z
mac mini 1
W
Production System BroadcastPix Broadcast Pix Slate 100 G 1 a
m_
x
Storage Area Editshare 4 TB Editshare Network Storage 1 w
Network c
d
E
L
V
Editing Software Avid Avid Media Composer 4 to 5 8 a
Apple Apple Final Cut Studio 7 6
11
Packet . 4 0
City Hall Parking Structure
Type- . Manufacturer Mode! Qnty
Vehicles 1995 Ford (351) 1FMDA31XX8ZB74972 1
Aerostar
1997 Ford (1087) 1FTER1421VHC92122 1
Econoline _
U
U
L
N
_
t6
L
CV
C
W
N
N
t0
N
H
w
N
N
Q
LL
O
O
z
w
z_
c�
w
a
m_
x
x
w
u
d
E
s
Q
12
Packet Pg.461
EXHIBIT "B"
IEMG CONTRACTS
[Attached on following pages.]
v
U
_
�o
c�
w
N
N
CO
N
N
H
U
F-
Z
O
U
C7
w
m
m_
x
w
w
m
E
r
v
ca
Q
Packet Pg. 462
SERVICES AGREEMENT
i
2 Recurring Production
i
3 THIS AGREEMENT is entered into this lst dav of Feb 2009,
4 between San Bernardino City Unified School District (CLIENT) and the CATV
5 Production Facility(CATV).
6 WITNESSETH:
U
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,
W
10 C. WHEREAS, CATV has provided the most advantageous and best N
N
11 responsible proposal for the providing of such services;
� m
12 NOW THEREFORE,the parties hereto agree as follows: L)
13 1. CATV shall furnish contracting services in accordance with the attached Production z
0
v
14 Budget Worksheet and CATV'S best and final offer dated Feb. 1 ,2009 c9
1 w
15 2. Over the term of this Agreement, CATV shall be paid for such services an amount in '
r m
16 accordance with the Production Budget Worksheet and CATV'S best and final offer 00
x
X
17 dated Feb. 1,2009 w
18 3. CATV shall provide CLIENT with a monthly invoice in arrears. CLIENT retains the E r
1 19 right to challenge all or an a
g1 g y 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.
1
Page 1 of 3
s
1
Packet Pg.463
a
t
• a l
a l
1 5. CLIENT shall indemnify, defend and hold CATV,its officers, employees and agents I
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. v
v
7 6. CATV shall perform work tasks as directed by the Economic Development Agency,
as
s City of San Bernardino.
9 7. In the performance of this Agreement and in the hiring and recruitment of employees, c9
w
10 CATV shall not discriminate on the basis of race, creed, color,religion, sex,physical
N
N
11 handicap, ethnic background or country of origin. N
co
12 8. The CLIENT agrees to all terms and conditions in the attached CATV Terms and
13 Conditions document. z
z
O
V
14 9. Any notice to be given pursuant to this Agreement shall be certified or receipted
w
15 addressed as follows:
m
16 TO CATV: CATV Production Facility m
x
X
17 City of San Bernardino w
- c
18 201 North"E"Street,Suite 206 E
19 San Bernardino CA 92401-1507 Q
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
Packet Pg.464
i
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
v
7 San Bernardino City Unified School District
d
8 )
c
9 Date: JAN 2 8 2009 by
W
to ohammad Z. Islam
11 Chief Business and Financial Officer N
12 to
N
fn
13 ECONOMIC DEVELOPMENT AGENCY, L)
14 City of San Bernardino z
0
15 / U
c�
16 Date: -y 5 w
by: ,
m
17 Z7ino-T cry m
x
x
18 CATV Manager w
- c
m
E
t
M
coQ
Page 3 of 3
Packet Pg.465
i
PRODUCTION BUDGET WORKSHEET CONTRACT M
Client: San Bernardino City Unified School District Contact: Linda Bardere
Address: 777 North F Street San Bernardino CA 92410
Email: iinda.bardere()sbcusd.kl2.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@sbcusd.kl2.ca.us Telephone: (909) 381-1164 Fax: (909) 381-1375
U
SERVICES Hour x Rate SERVICES dour x.Rate
L
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 I day
1 Camera Remote (2hr min) x / hr Additional Personnel: x /hr w
2 Camera Remote (2hr min) x /hr x /hr N
3 Camera Remote (4hr min) x / hr x /hr N
X /hr co
Edit Bay(Linear/Nonlinear) x / hr
Travel Time: x /hr
Dubs: DVD /$ Mileage: miles x.585/mile
OTHER / $ p
Government Mtg.Coverage $110/hr+ mileage U
(7
Videotape Purchase: type # Tapes x$ /tape w
type # Tapes x$ I tape to
type # Tapes x$ /tape m
x
Comments:Using two staff persons.7 he setup prior to meeting(4.30-5.30)and up to a 9.00 a m formal adjournment,as evidenced in w
the meeting minutes. When staff is required before 4.30 each 30 minutes or portion thereof shall be paid at$55 supported by written
request(e-mail acceptable)from the School District's contact(see above) When meetings adjourn after 9.00 15 minutes forpackup/ aa)
cIganup 91hall be added to the official ad ournment time and each 30 minutes or portlon thereof after 9:00 p.m.shall be paid at$55. E
t, oduction Cost: $ 05,Rer mt .+ no mileage Final Production Cost: $ 495 per meeting
YA2 $ 2009 G Feb. 1, 2009 a
C ient Date ! e ' or Date
ohhmmad Z. Islam
Chief Business and Financial Officer
pager 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
tilized to determined final production costs. If the cost of production is anticipated to go over the above estimate the
uveraye 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
Packet Pg.466
E
E
i
6.B.c
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
U
facilities used.
Z. MINIMUM CHARGES AND INCREMENTS: A minimum charge of $ or the N
rate of one hour of facilities or services, whichever is greater, shall be in effect in
each case.
c�
3. BILLING AND PAYMENTS: In some cases a deposit of 50% of the quoted price w
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 N
mutually agreed upon before any production service agreements are signed by the N
Cable Television Manager, or by his/her designee, and the Client. Payment is due co- net 30 days following the date of invoice. Checks should be made payable to: �
Economic Development Agency, CATV. Q
Until full payment has been made by the Client, CATV shall retain final production. o
U
4. TRANSPORTATION AND TAXES: Transportation to and from CATV premises c�
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. m
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 x
taxes have been included in CATV's price schedule. w
5. QUOTATIONS: All written quotations submitted by CATV shall be valid for sixty E
(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. a
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.
sAricharddoolittle on 'boeddcOl userpurchasing' {fAcity of san bernardino telecommunications division\7.009 01 20 cats
terms and conditions.doc
Packet Pg.467
s.B.c
rr 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
I 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, U
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 L
shall use its best efforts to coordinate its facilities to the end that the production N
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, c�
and CATV shall have the sole, final and complete control in establishing the
w
schedules for the furnishing of personnel and facilities and the Client shall comply
with such schedule. N
N
tD
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 z
occupancy of CATV's premises and/or uses of the technical facilities personnel and 0
U
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 w
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, m
agents, employees, licensees or invitees. 1--
Fn
9. INSURANCE: CATV has sufficient insurance to cover all facilities and personnel x
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 E
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. a
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.
s:Iricharddoolittle on'boeddc0l userpurchasing' M\city of sari bernardino telecommunications division12009 01 20 raty
terms and condrtions.doc
Packet Pg.468
i
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. _
U
12. GENERAL: The Client may not assign this agreement or any of its rights 2
hereunder, nor permit use of the facilities by any other person or party. L
d
This agreement constitutes the entire understanding between City of San
Bernardino, CATV and the Client.
0
2
w
N
N
N
F
U
H
Z
O
U
0
E
W
CO
H
M
2
X
W
G
d
E
t
V
R
Q
s;Vicharddoolittle on 'boeddc01 userpurchasing' (Mcity of sen bernardino telecommunications divislon12009 01 20 caty
terms and conditionsmoc
Packet Pg.469
t
I I 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:
v
7 A. WHEREAS, CLIENT has need for contract services and, v
L
s B. WHEREAS, CATV is competent, experienced and able to perform said
I
9 services: and,
I 0
9 �
10 C. WHEREAS, CATV has provided the most advantageous and best w
N
1 I responsible proposal for the providing of such services; N
12 NOW THEREFORE,the parties hereto agree as follows.
13 1. CATV shall furnish contracting services in accordance with the attached Production z
0
14 Budget Worksheet and CATV'S best and final offer dated 1 1/7/08 v
0
15 2. Over the tenor of this Agreement, CATV shall be paid for such services an amount in
m
16 accordance with the Production Budget Worksheet and CATV'S best and final offer
m__
17 dated 11/7/08
X
W
18 3, CATV shall provide CLIENT with a monthly invoice in arrears and shall be provided
L
19 payment within thirty(30) days there from. CLIENT retains the right to challenge all
a
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 i of.3
Packet Pg.470
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.
U
7 6. CATV shall perform work tasks as directed by the Economic Development Agency, g
s City of San Bernardino. w U)
r-
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 w
N
I 1 handicap, ethnic background or country of origin. N
12 8. The CLIENT agrees to all terms and conditions in the attached CATV Terms and v
a
13 Conditions document.
z
0
14 9. Any notice to be given pursuant to this Agreement shall be certified or receipted U
t9
15 addressed as follows: w
m
16 TO CATV: CATV Production Facility
m_
T
17 City of San Bernardino w
18 201 North"E"Street, Suite 206
r
19 San Bernardino CA 92401-1507
a
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
i
Packet Pg.479
{
s
i
1 Nothing in this paragraph shall be construed to prevent the giving
2 of notice by personal service.
3 /
4 /
5 /
6 /
U
7 /
8
h
c
L
9 / F—
C9
to IN WITNESS WHEREOF, the parties hereto have executed this Agreement on w
N
11 the day and date first above shown. o
12 CLIENT
U
13 Date: 6-1-2009 by: Pam Easter �
z
14 Assistant City Manager v
15 C IE__N,,Tnn w
16
m
17 Signature w
r
18 ECONOMIC DEVELOPMENT AGENCY,
E
L
19 City of San Bernardino
a
20 /
21 Date: 6 h/lo— - by:
22 Lori Panzino - llery
23 CATV Manager
Pa0e 3 of 3
Packet Pg.472
i
PRODUCTION BUDGET VvvRKSHEET CuNTRACT #:
Client City of Rancho Cucamonga Contact. Erika Lewis-Huntley
Address: 10500 Civic Center Drive Rancho Cucamonga CA 91729-0870
Email: Ertka.Lewis-Huntley .cityofrc.us Telephone: 909-477-2700 ext 2008 Fax: 909-477-2846
BILLING INFORMATION: (information needed to process contract)
Contact: Erika Lewis-Huntley -
Address: 10500 Civic Center Drive Rancho Cucamonga CA 91729-0870
Email: Erika.Lewis-HuntleyCaD-citvofrc.us Telephone: 909-477-2700 ext 2008 Fax: 909-477-2846
U
SERVICES Hour x Rate SERVICES Hour x Rate
Studio Facilities (2 hr min) x /hr Set & Light(3 crew) x /hr N
Studio Only(4 hr min) x /hr Production Setup: x /hr
day x I day
c�
1 Camera Remote (2hr min) x 1 hr Additional Personnel: x /hr w_
2 Camera Remote (2hr min) x /hr x /hr
3 Camera Remote(4hr min) x /hr x /hr o
X /hr
Edit Bay(Linear/NonLinear) x /hr
Travel Time: x /hr
Dubs: DVD /$ Mileage: (Round trip) 66 miles x.585/ mile
OTHER 1 $ ~
Z
Government Mtg.Coverage 110/hr+ mileage
V
t7
Videotape Purchase: type # Tapes x$ /tape w
type # Tapes x$ /tape '
type # Tapes x$ /tape m
m_
x
X
Comments: 1 hr setup + up to a 3 hour meeting using up to 2 staff persons. An additional$551half W
hour after 10.00pm thereafter.
Est. Production Cost: $440+ $38.61 Final Production Cost: $478.61 E
L
V
rt -0 11/7/08 _ 11/7/08
a
Client Date Supery r Date
11/7108
er Date
L
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
average 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
Packet Pg.473
{
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 accent aµhitter
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.
U
U
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.
w
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 w
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 N
Agency, CATV. N
Cn
Until full payment has been made by the Client, CAN shall retain final production.
4. TRANSPORTATION AND TAXES: Transportation to and from CATV premises shall W
be at the Client's risk and expense. Unless requested by the Client, all materials o
shipped to the Client will be shipped on a collect basis by a carrier specified by the U
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- w
payment to CATV for such anticipated charges. Existing local, state, federal or other —
government charges for sales, manufacturing, excise and use taxes have been m
included in CATV's price schedule. t=
m
5. QUOTATIONS: All written quotations submitted by CATV shall be valid for sixty (60) x
days from the date of submission. Oral quotations may be provided for the w
convenience of the Client, but such oral quotations shall not imply or constitute a
binding contract. i_
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 a
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.
( cAwindowsktemporary Internet fileslolkMcaty terms and conditions-re.doc
Packet Pg.474
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 C* . desIM .0 c--r'cel scheduled facilities arse, 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 v
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 N
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 I`
establishing the schedules for the furnishing of personnel and facilities and the Client 0
shall comply with such schedule. w
8. INDEMNIFICATION: The Client shall, at all times, indemnify and hold harmless, the N
CATV, its officers, directors, employees, agents from and against any and all claims, N
damages, costs, liabilities and expenses, including reasonable counsel fees and (n
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 a
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 o
agreement with the Client. The Client shall also reimburse CATV for any damage to, or U
destruction of, any facilities or premises furnished hereunder to the extent that same
0
are damaged or destroyed by the Client or any of its officers, agents, employees, 2
w
licensees or invitees.
ro
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 m
insurance coverage of the Client's employees, officers, agents, invitees or property. w
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. E
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 a
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.
cAwindows\temporary internet fi1es\o1k80\caty terms and conditions-re.doc
Packet Pg.475
6
11. CLIENT'S WARRANT irlS: Client warrants and represents)t,.at:
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
bayed or which are i^^I'uded in said produmflon.
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 CAM'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. L)
This agreement constitutes the entire understanding between City of San Bernardino,
CATV and the Client.
L
CV
G
tL
N
N
t0
N
U)
F-
L)
i C-4 Q
i-
Z
O
U
0
2
W
m
H
m
X
W
C
E
t
t)
t6
Q
cAwindowsVemporary internet fileslo1k8ftaty terms and conditions-rc.doc
Packet P 1.476
i
F
k
1
IEMG
Inland Empire Media Group
City of San Bernardino
ECONOMIC DEVELOPMENT AGENCY
CONTRACT SERVICES AGREEMENT
V
May 11,2010 U
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 c
Bernardino(LAFCO)with Commission Bearing Production Services at a flat fee of$300 per hearing from L
the July 1,2010 through June 30,2010. IEMG agrees to provide staff for each hearing. The hearing
schedule is as follows: O
w
July 21,2010 1 September 15,2010 November 17,2010
January 19 2011 1 March 16,2011 May 18,2011 N
0
N
In the event that LAFCO wishes to have additional hearings staffed by IEMG,IEMG guarantees the
co
following rates for a period of one year.
U
(1) Production/Technical Operator @$300 per hearing
(2) Additional DVDs requested by LAFCO @$15 each Z
O
The following table specifies the included and excluded job functions for the provided staff.Excluded job U
functions are available to LAFCO as needed at an additional cost. (7
w
Job Functions: Excluded functions: '
m
• System setup and shutdown • Videotape editing m
• Camera operations • Equipment maintenance 2
• Tape operations • Videotape duplication W
+ Audio operations • Training c
• Switeher operations E
• Character generator operations E
ca
Either LAFCO or IEMG may terminate this contract agreement by submitting 30 days written notice. Q
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 act as�e�contract administrator on behalf of
IEM(I: He wil � ctly with the designated LAFCO st to c tate s agreement.
Date: j 3 I0 Date:5/12/10
Lo ' ille E anager een 1ollfngsf&cbo'n-a1d City of San B rnardino Ex cutiv Officer
Economic Development Agency Local Agency Formation Commission
201 North E Street,Seite 301, San Bernardino,Califcrnia 92401-1507 (909)384-5147 Fax(909)384-5580
www.tv3media.org
Paget Pg.477
EXHIBIT "C"
IEMG PROJECTED BUDGET
[Attached on following pages.]
v
U
L
d
W
L
CV
C
W
N
N
to
N
H
W
C9
O
D
m
W
I—
U
W
0
Q'
a
c�
W
U
H
m
K
W
r
c
m
E
t
v
to
Q
Packet Pg.478
Projected Revenue & Expense Budget — IEMG
Fiscal Year 2013-14 (July 1, 2013 to June 30, 2014)
Projected
Account Account Description Budget
CATJ
Department 100-City Manager
EXPENSE (j
Personnel Expenses V
Budget
Salaries&Benefits
5011 Salaries perm/fulltime $67,500.00 N
r-
5012 Special Salaries $0.00
5014 Temp/Part Time $0.00 Ve
5015 Overtime $0.00 W
5027 PERS retirement $11,353.50
5028 Health/Life Insurance $9,506.00 N
N
Unemployment $202.50
5029 Medicare $978.75 F-
$89,540.75 W
Salary&Benefits TOtais Q
Non Personnel Expenses m
Maintenance and Operations C
W
5111 Material and supplies 1,000.00 U
5121 Advertising 00 W
5122 Dues and subscriptions 3,000.00 0
5132 Meetings and conferences 500.00 0-
5133 Education and training .00 l7
5172 Equipment maintenance .00 W
5174 Printing charges .00
00 V
5175 Postage 250.00
Copy machine charges .00 m
5181 Other operating expenses 500.00 X
Maintenance and Operations Totals $5,250.00 W
Capital Equipment,Lease&Production C
00 000. d
5702 Computer Equipment 10, E
5703 Communications Equipment 20,000.00 t
V
5112 Small Tools&Equipment 8,000.00 Q
5705 Other Professional Services(Program Production) 219,581.60
c-aT;tal Lquipmv;,;Lease&Production Tobts $257,581.60
EXPENSE TOTALS $352,372.35
1
Packet Pg.479
k
g
F
f
i
REVENUE
4205 Transfers in(PEG Fee*) 211,568.60
5957 Program Income(City of Rancho Cucamonga)** 17,050.48
5957 Program Income(San Bernardino Unified School District)** 18,810.00
5957 Program Income(Local Agency Formation Commission(LAFCO))** 2,850.00
5957 Miscellaneous Revenue(i.e.,Public Access Use) 12,000.00
Revenue Totals 262,279.08
REVENUE TOTALS 262,279.08
Grand Totals V
REVENUE TOTALS 262,279.08 V
EXPENSE TOTALS $352,372.35 2,
Grand Totals ($90,093.27)
N
C
tC
*Restricted for capital expenditures,generally defied as items having a life expectancy greater than one year `
**Includes a proposed 25%rate increase starting in October 2013 0
2
W
N
N
CO
H
w
C)
D
�. D
m
C1
w
U
w
a �
O
w
IL
O
w
U
m
I X
,1 w
e
C
L
V
Q
1
)
7
� L
i
Packet Pg.480