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RESOLUTION(ID #2620) DOC ID: 2620 D
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 Acting as the
Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving the
Transfer of 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 (#2620)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account No. «107-100-133-4205»
Desctiption: 1%PEG(Public Education& Governemnt)Revenue
Transfer PEG Fund balances from the Economic Development Corporation to the City of San
Bernardino
Refer to Exhibit C - IEMG Projected Budget
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:
In 1988 the City of San Bernardino created the San Bernardino TV Channel, commonly referred
to as CATV,to provide local public, educational and government content on cable television. In
2009, the City of San Bernardino transferred the CATV Division and its assets from the City's
Information Technology Department to the former Redevelopment Agency of the City of San
Bernardino ("RDA"). It was during this time that CATV was rebranded and given the name
Inland Empire Media Group ("IEMG"). With a new regional focus, the goal was to make IEMG
self-reliant and financially stable. IEMG expanded its programming to include lifestyle
programming, local prep sports, public service announcements, and the marketing of local
businesses. IEMG also added revenue generating activities such as advertising and re-launched
its Public Access Training Program focusing more on a Community Media model.
In December 2011, the California Supreme Court upheld ABIX 26 calling for the dissolution of
all redevelopment agencies throughout the State of California. Knowing that the RDA would be
dissolved on February 1, 2012, in January 2012, the Mayor and Common Council of the City of
Updated:7/31/2013 by Henry Empeno Jr.D
2620
San Bernardino took an action to serve as the Successor Agency to the Redevelopment Agency
of the City of San Bernardino ("Successor Agency"). As of February 1, 2012, the RDA was
dissolved and the Successor Agency began the process of winding down the operations of the
former RDA, including significant staff reductions.
As part of the winding down operation, certain assets used in the operation of IEMG, including
equipment, vehicles, computer software and other personal property used in connection with
IEMG operations (collectively, "IEMG Assets"), must be transferred to another governmental
entity. In addition, the Successor Agency must assign its obligations under certain service
contracts (collectively, "IEMG Contracts") to the governmental entity receiving the IEMG
Assets. The IEMG Contracts are described in more detail below. A list of the IEMG Assets is
attached on Exhibit"A"and the IEMG Contracts are attached in Exhibit`B."
Cable Franchise and Public,Educational and Government(PEG)Fee Revenue
Since the passage of the 2006 A132987, Digital Infrastructure and Video Competition Act,Public
Utilities Code Section 5800, et seq. ("DIVCA"),various conditions have changed how video
service provider franchising is supported financially for Public,Education and Government
Access("PEG") services. Under DIVCA, any State video franchise holder operating within the
City must pay to the City a five percent(5%)franchise fee of its gross revenues and a one
percent(1%)PEG fee when a PEG provider exists in the City's boundaries. (DIVCA Section
5870(n) and San Bernardino Municipal Code Section 14.08.25(A).) While there are no
restrictions on the use of the 5%franchise fee,DIVCA requires the City to use the 1%PEG fee
revenues for PEG services only. Furthermore,pursuant to 47 USC Sections 531, 541(a)(4)(B),
and 542(g)(2)(C), PEG fees can only be used for"capital costs" for"public,educational, or
governmental access facilities", which is defined in 47 USC 522(16) as "channel capacity
designated for public, educational, or governmental use; and facilities and equipment for the use
of such channel capacity." (See also DIVCA Section 5870(n);Alliance For Community Media v.
Federal Communications Commission(2008) 529 F.3d 763, 783-785.) If the PEG fees are used
for non-capital expenses,the cable operators are allowed to deduct that amount from their 5%
franchise fee payments. It should also be noted that PEG channels are required to be used for
noncommercial purposes. (DIVCA Section 5870(b).) Advertising, underwriting,or sponsorship
recognition may only be carried for the purpose of funding PEG related activities.
The City's projected annual 5%franchise fee revenue is $1,125,000 and the 1%PEG fee revenue
is $225,000. These funds are sent by the service providers to the City 45 days after each quarter.
The Successor Agency currently holds approximately$230,960 in PEG Funds.
Other Revenue
In addition to the PEG revenue,the Successor Agency is a party to certain contracts (the IEMG
Contracts)with other government agencies to produce and air government meetings (Exhibit
`B"). The revenue generated by these contracts help to off-set personnel costs associated with
the program. The existing IEMG Contracts are with the City of Rancho Cucamonga,the San
Bernardino Unified School District(SBCUSD)and Local Agency Formation Commission for
San Bernardino County(LAFCO). It should be noted that there are other revenue opportunities
including programming fees, underwriting, sponsorship and advertising efforts that could be
pursed to off-set program expenditures not covered by the PEG fees.
Updated:7/31/2013 by Henry Empeno Jr.D Packet Pg. 567__
2620
Table 1.2 identifies the current time commitments associated with the coverage of programming
currently supported by IEMG.
TABLE 1.2
FY2012-13 FY2013-14 Staff Time
#of Mt s #of Mt s #of Hours
City of San Bernardino Council Mt s 34 34 2 272
City of Rancho Cucamonga Council Mt s 30 30 2 150
SB Unified School District Board Mt s 32 1 32 1 1 1 160
LAFCO Mt s 6 18 1 1 132
TOTAL 102 1 104 1 - 1614
Summary
In order to maintain local control of the IEMG channels and the associated services, we are
requesting that the Successor Agency transfer the IEMG Assets, IEMG Contracts and PEG
Funds to the City of San Bernardino under the Office of the City Manager. This transfer will
relieve the Successor Agency of its obligation to operate IEMG, including the associated
operational, staffing and administrative burden and expense. Concurrently with receipt of the
IEMG Assets, the City will undertake the obligation to operate IEMG, including all staffing and
administrative burden and expense associated with such operations, including:
• Handle customer cable complaints as required by DIVCA statute AB2987
• Manage Public,Educational and Government(PEG)channels
• Collect PEG fees from cable service providers
• Oversee studio use and production (coverage of council meetings for various cities,
election debates, emergency operations, public service announcements, community
programming and public access training)
• Administer and perform obligations under IEMG Contracts
• Maintain and replace IEMG Assets, as needed
On July 22, 2013 the Oversight Board for the Successor Agency to the Redevelopment Agency
of the City of San Bernardino met and approved the recommendation to transfer from the
Successor Agency to the City of San Bernardino the IEMG Assets, IEMG Contracts and PEG
Funds.
Table 1.1 identifies the channels managed by IEMG with Time Warner, Charter
Communications,Verizon FIOS and AT&T U-verse, reaching over 500,000 households.
TABLE 1.1
Time Warner Charter Communications Verizon FIGS AT&T U-verse
Government Channel Channel 3 Channel 3 Channel 3 Channel 99
Educational Channel Channel 33 Channe199
Public Access Channel Channel 17 Channel 32 Channel 32 Channel 99
City Attorney Review:
Supporting Documents:
reso 2620 (PDF)
Updated:7/31/2013 by Henry Empeno Jr.D Packet Pg 668
2620
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.D Packet Pg.569
1 RESOLUTION NO.
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 d
5 BALANCES RELATED TO THE INLAND EMPIRE MEDIA GROUP (IEMG) a
6 TO THE CITY OF SAN BERNARDINO
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7 WHEREAS, the Mayor and Common Council, by Resolution No. 2009-23 and the 2
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g Community Development Commission by Resolution No. CDC/2009-5 on February 2, 2009, 0
9 approved the transfer of personnel and certain assets of the Inland Empire Media Group (IEMG) r
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10 then called the"CATV Division" from the City of San Bernardino to the Redevelopment Agency of
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11 the City of San Bernardino; and
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12 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("RDA") was U)
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 w
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18 WHEREAS, since February 2, 2009, the former Redevelopment Agency of the City of San r°
19 Bernardino ("City"), has operated the local television station, IEMG, through which Channel 3 and
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20 other public access channels are made available for purposes of providing public access and public 2
21 programming to the residents of the City through existing facilities of cable television providers 0
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22 within the City; and `"
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23 WHEREAS, the Successor Agency has acquired certain physical capital assets for purposes `
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24 of providing community access to the cable television channels through IEMG, including, but not r
25 limited to, television cameras, production lights, production and taping equipment, production a
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 I the community through the facilities and assets of IEMG; and
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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 a
6 to ensure a viable and steady source of income to local governments such as the City in the form of E
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
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10 ability of local governmental entities such as the City to collect a five percent (5%) franchise fee
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11 related to the use of City public rights-of-way by all video service providers and the right of the City a
12 to collect an additional one percent (1%) fee as shall be designated for PEG specific funding �°�,
13 purposes; and
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�!y 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 L
16 be used and applied for the purchase and support of capital expenditures, equipment and facilities
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17 and not for the payment of operating expenses such as salaries, utilities and similar cost items; and c
18 WHEREAS, DIVCA, at Public Utilities Code Section 5870(n), also permits local N
19 governments that operate a PEG facility to establish a 1% fee to support PEG channel facilities (San o
20 Bernardino Municipal Code Section 14.08.25(A)) and to further seek revenue sources such as
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21 advertising, sponsorships and underwriting contributions from private sources in furtherance of the N
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22 continuation of PEG activities; and c
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 r
25 the former Redevelopment Agency's assumption of the obligation to operate IEMG; and a
26 WHEREAS, the Successor Agency holds approximately $230,960 in PEG Fund balances
27 collected in accordance with DIVCA; and
28
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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
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5 community access to cable television channels and to provide Public, Educational and Government a
6 channels on cable television in accordance with DIVCA;
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7 WHEREAS, the IEMG Assets and PEG Funds are currently and have at all times been used —CD
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 Y
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10 WHEREAS, pursuant to 47 USC Sections 531, 541(a)(4)(B), and 542(g)(2)(C), the PEG
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11 Funds can only be used for "capital costs" for "public, educational, or governmental access a
12 facilities", which is defined in 47 USC 522(16) as "channel capacity designated for public, N
13 educational, or governmental use; and facilities and equipment for the use of such channel
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14 capacity"; and L
15 WHEREAS, the IEMG Service Contracts are included in Exhibit "B" attached to this
16 Resolution and incorporated herein; and
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17 WHEREAS, because the IEMG Assets and PEG Fund balances constitute governmental
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18 purpose property originally owned by the City and because the transfer of the IEMG Assets and N
19 PEG Fund balances will, in effect, transfer the administrative burden and expense of IEMG o
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 N
22 WHEREAS, it is now appropriate for the Mayor and Common Council of the City of San o
23 Bernardino (the "Mayor and Council") acting as the governing body of the Successor Agency to r
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24 take certain official actions pursuant to this Resolution, subject to a concurrence Resolution as may E
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25 be adopted by the Mayor and Council, and such adoption of Resolutions by the Successor Agency
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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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I 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
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5 Staff to act in accordance with the directives as contained herein. Furthermore, the Successor
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6 Agency seeks the concurrence of and to the extent necessary by the adoption of a corresponding
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7 concurrence Resolution by the Mayor and Council thus committing City and City Staff to similarly d
8 act in accordance with the directives as contained herein and as shall be contained in such
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9 concurrence Resolution of the Mayor and Council.
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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.
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12 Section 3. The Successor Agency hereby approves the transfer of all IEMG Assets N
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
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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
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17 Agency for the use and benefit of IEMG.
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18 Section 4. The Successor Agency hereby approves the assignment and transfer from the N
19 Successor Agency to the City of the three IEMG Service Contracts (City of Rancho Cucamonga, c
20 San Bernardino City Unified School District, and the San Bernardino Local Agency Formation
21 Commission(LAFCO)) included in Exhibit"B". N
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22 Section 5. 0
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23 (a) From and after the date that the IEMG Equipment and the Other IEMG Property Rights
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24 have been transferred to the City and IEMG is no longer a Successor Agency Division, all revenues r
25 generated by the IEMG from and after August 5, 2013, shall be transferred to the City in one lump a
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.
4 1 Packet Pg. 573
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I (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
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5 and shall be non-repealable from and after the date that IEMG has become a City Division after a
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6 transfer of the IEMG Equipment and the Other IEMG Property Rights to the City and acceptance
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7 thereof by the City. The Successor Agency hereby approves the IEMG Asset, Service Contracts and 2
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 r
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10 Development Commission by Resolution No. CDC/2009-5 and approved by the Mayor and
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11 Common Council by Resolution No. 2009-23 is hereby terminated. a
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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
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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6 Common Council of the City of San Bernardino acting as the governing body for the Successor
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7 Agency to the Redevelopment Agency at a meeting thereof, held on the d
8 day of , 2013, by the following vote to wit:
9 Council Members: Ayes Nays Abstain Absent r
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10 MARQUEZ
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11 JENKINS a�
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12 VALDIVIA 0
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13 SHORETT
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KELLEY N
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16 MC CAMMACK
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18 Georgeann Hanna, City Clerk o
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The foregoing Resolution is hereby approved this day of 2013. 0
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Patrick J. Morris,Mayor 0
23 City of San Bernardino
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24 Approved as to form: E
James F. Penman, M
25 City Att ey a
26 By: 'G
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EXHIBIT "A"
!NVENTORY OF IEMIG ASSETS
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I SERVICES AGREEMENT
2 Recurring Production
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3 THIS AGREEMENT is entered into this 1st da y of Feb 2009,
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4 between San Bernardino City Unified School District (CLIENT) and the CATV
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5 Production Facility(CATV). 2
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6 WITNESSETH:
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7 A. WHEREAS,CLIENT has need for contract services and, c
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8' B. WHEREAS, CATV is competent, experienced and able to perform said
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10 C. WHEREAS, CATV has provided the most advantageous acid best v
11 responsible proposal for the providing of such services; y
12 NOW THEREFORE, the parties hereto agree as follows: c
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13 1. CATV shall furnish contracting services in accordance with the attached Production O
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14 Budget Worksheet and CATV'S best and final offer dated Feb. 1 ,2009
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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 ~
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17 dated Feb. 1,2009
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18 3. CATV shall provide CLIENT with a monthly invoice in arrears. CLIENT retains
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19 right to challenge all or any part of an invoice.
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20 4. The initial term of this Agreement shall be 515 days from the date first shown
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21 above and is subject to termination by either party upon thirty- (30) days written w
22 notice to the other. E
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Page 1 of 3
Packet Pg. 590
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 a,
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4 performance of this agreement, except that such duty to indemnify, defend and hold
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5 harmless shall not apply where injury to person or property is caused by CATV'S d
6 willful misconduct or sole negligence.
7 6. CATV shall perform work tasks as directed by the Economic Development Agency, r
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9 7. In the performance of this Agreement and in the hiring and recruitment of employees, a
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10 CATV shall not discriminate on the basis of race, creed, color,religion, sex,physical
11 handicap, ethnic background or country of origin. y
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12 8. The CLIENT agrees to all terms and conditions in the attached CATV Terms and
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13 Conditions document. ~
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14 9. Any notice to be given pursuant to this Agreement shall be certified or receipted
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15 addressed as follows: to
16 TO CATV: CATV Production Facility �
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City of San Bernardino Z
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18 201 North"E"Street,Suite 206
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19 San Bernardino CA 92401-1507
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20 TO THE CLIENT San Bernardino City Unified School District mFE
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Attn: Purchasing Services Department,Contract Analyst W
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22 777 North F Street E
23 San Bernardino, CA 92410 a
Page 2 of 3
Packet Pg.591
1 Nothing in this paragraph shall be construed to prevent the giving
2 of notice by personal service.
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4 IN WITNESS 'WHEREOF, the patties hereto have executed this Agreement on
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6 CLIENT
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2 San Bernardino City Unified School District
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9 Date: JAN 2 8 2009 Y
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10 ohammad Z.Islam d
11 Chief Business and Financial Officer 3
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13 ECONOMIC DEVELOPMENT AGENCY, N
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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(a)sbcusd.kl2,ca.us Telephone: (909)381-1250 Fax: (909)388-1451 �
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BILLING INFORMATION: (Information needed to process contract) Q
Contact: Mohammad Z. Islam, Chief Business and Financial Officer
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Address: 777 North F Street, San Bernardino CA 92410 c
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Email: mohammad.islam@_sbcusd.kl2.ca.us Telephone: ' (909) 381-1164 Fax: (909)381-1375
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SERVICES Hour x Rate. SERVICES x.Rate _ r
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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 a
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1 Camera Remote (2hr min) x / hr Additional Personnel: x 1 hr
2 Camera Remote (2hr min) x /hr x /hr
3 Camera Remote (4hr min) x / hr x /hr co
X /hr
Edit Bay(Lin ear/Non Linear) x /hr y
Travel Time: x /hr
Dubs: DVD /$ Mileage: miles x.5851 mile
OTHER /$
Government Mfg.Coverage $110/hr+ mileage W
0
Videotape Purchase: type # Tapes x$ /tape
type # Tapes x$ /tape ,
type # Tapes x$ /tape
Comments:Using two staff persons,1 hr setup prior to meeting(4.30-5.30)and up to a 9.00 P.m.formal adjournment as evidenced in
the meeting minutes. When staff is required before 4:30 each 30 minutes or portion thereof shall be paid at$55 supported by written p
request(e-mail acceptable)from the School Districts contact(see above) When meetings adioum attar 9 00 15 minutes for packup! U
cl anu all be added to the of d l ad ournment time,and each 30 minutes or portion thereof after 9:00 .m.shall be aid at 55. C9
t. oduction Cost: $ 5 er mt .+ no miles a Final Production Cost: $ 495 per meeting W
MJ , 2 8 2009- Feb. 1, 2009 00
C ient Date a or Date m
ohammad Z. Islam =
Chief Business and Financial Officer may. 5 w
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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 a
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
atilized to determined final production costs. If the cost of production is anticipated to go over the above estimate the
overage will be approved by ilre 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 P 1. 593
7.A.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 a
services that may be requested by the Client beyond those detailed on the written Q
price quotation may be provided at. the request of the Client and billed using c
CATV's price schedule. CATV's price schedule reflects prices for existing E
permanent personnel and equipment. Prices for personnel and equipment beyond a
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 d
conclusion of the production or services acknowledging the actual time and W
facilities used. r
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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.
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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 d
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 in
Cable Television Manager, or by his/her designee, and the Client. Payment is due L
net 30 days following the date of invoice. Checks should be made payable to: w
Y, Economic Development Agency, CATV.
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Until full payment has been made by the Client, CATV shall retain final production.
4. TRANSPORTATION AND TAXES: Transportation to and from CATV premises w
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. CM
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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 a
taxes have been included in CATV's price schedule. z
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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 w
convenience of the Client, but such oral quotations shall not imply or constitute a —
binding contract. m
Signature of the Client on and return of the quotation to CATV shall constitute a 00
binding contract. At the Clients request should the needs of the project go beyond X
the specified time limits quoted within the production budget, the Client will be w
responsible for any and all additional production charges to complete the project.
The same applies for quotes of flat rate productions. E
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Packet Pg. 594
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
canceliation. 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.
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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 c
sole risk. CATV shall not be liable or responsible in any way for damages or 0
otherwise to the Client or any of the Client's officers, agents, employees or a
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 r
the facilities to function properly or by the foregoing. It is understood that CATV o
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 t
Client to meet its contractual commitments for delivery of programs or otherwise, L
and CATV shall have the sole, final and complete control in establishing the 0
schedules for the furnishing of personnel and facilities and the Client shall comply
with such schedule.
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8. INDEMNIFICATION: The Client shall, at all times, indemnify and hold harmless, N
the CATV, its officers, directors, employees, agents from and against any and all w
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 0
occupancy of CATV's premises and/or uses of the technical facilities personnel and 2
services furnished hereunder, or in any other way by reason of CATV's entering "J
into this agreement with the Client. The Client shall also reimburse CATV for any c
damage to, or destruction of, any facilities or premises furnished hereunder to the N
extent that same are damaged or destroyed by the Client or any of its officers,
agents, employees, licensees or invitees. u�
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S. INSURANCE: CATV has sufficient insurance to cover all facilities and personnel
of the production facility. However, CATV does not carry, and shall not be Z
responsible for insurance coverage of the Client's employees, officers, agents, 0
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 w
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 m
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 w
Client shall not be deemed to be CATV's agent in negotiating or entering into any c
such contract. Client shall provide staff for production assistant duties, including E
refreshment services, script writing and other such services related to the
production unless prior paid arrangements are made with CATV.
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. 7.A.c
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 a
government regulation and will not infringe upon or violate the rights Q
of any person or party.
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D. Content of material to be recorded, edited, or displayed on CATV's c
facilities or equipment is suitable for cablecast on the air. The
suitability of such material shall be the sole judgment of CATV's
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12. GENERAL: The Client may not assign this agreement or any of its rights E
hereunder, nor permit use of the facilities by any other person or party. o
This agreement constitutes the entire understanding between City of San
Bernardino, CATV and the Client. C CD
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i SERVICES AGREEMENT
2 Recurring Production
3 THIS AGREEMENT is entered into this 1st day of January =
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4 2009, between City of Rancho Cucamonga (CLIENT) and the CATV Production
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5 Facility(CATV). c
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6 WITNESSETH:
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7 A. WHEREAS, CLIENT has need for contract services and, t0.
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8 B. WHEREAS, CATV is competent, experienced and able to perform said
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9 services: and,
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10 C. WHEREAS, CATV has provided the most advantageous and best d
11 responsible proposal for the providing of such services; N
12 NOW THEREI+ORE,the parties hereto agree as follows: w
13 1. CATV shall furnish contracting services in accordance with the attached Production
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14 Budget Worksheet and CATV'S best and final offer dated 11/7108 w
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15 2. Over the term of this Agreement, CATV shall be paid for such services an amount in ccoo
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16 accordance with the Production Budget Worksheet and CATV'S best and final offer
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17 dated 11/7108
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18 3. CATV shall provide CLIENT with a monthly invoice in arrears and shall be provided v
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19 payment within thirty(30) days there from. CLIENT retains the right to challenge all w
20 or any part of an invoice,
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21 4. The initial term of this Agreement shall be 30 days from the date first shown x
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22 above and is subject to termination by either party upon thirty- (30) days written
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23 notice to the other,
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Page 1 of 3
Packet Pg. 597
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 a 1
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4 performance of this agreement, except that such duty to indemnify, defend and hold
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5 harmless shall not apply where injury to person or property is caused by CATV'S o
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6 willful misconduct or sole negligence. d
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7 6. CATV shall perform work tasks as directed by the Economic Development Agency, r
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9 7. In the performance of this Agreement and in the hiring and recruitment of employees, a
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10 CATV shall not discriminate on the basis of race, creed, color, religion, sex,physical
11 handicap, ethnic background or country of origin.
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12 8. The CLIENT agrees to all terms and conditions in the attached CATV Terms and N
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13 Conditions document.
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14 9. Any notice to be given pursuant to this Agreement shall be certified or receipted w
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15 addressed as follows: C4
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16 TO CATV: CATV Production Facility CO)
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7 City of San Bernardino
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18 201 North"E"Street,Suite 206 L)
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19 San Bernardino CA 92401-1507 w
20 TO THE CLIENT Erika Lewis-Huntley m
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21 City of Rancho Cucamonga x
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22 10500 Civic Center Drive
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23 Rancho Cucamonga CA 91729-0870
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Page 2 cf 3
Packet Pg.598
1 Nothing in this paragraph shall be construed to prevent the giving
2 of notice by personal service.
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10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on N
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11 the day and date first above shown.
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12 CLIENT d
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13 Date: 6-1-2009 by: Pam Easter
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14 Assistant City Manager Ui
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15 C TENT N
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17 Signature
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18 ECONOMIC DEVELOPMENT AGENCY, v
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19 City of San Bernardino w
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21 Date: 611110 by: x
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22 Lori Panzino - llery c
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23 CATV Manager
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Page 3 of I
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Packet Pg. 599
7.A.c I
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PRODUCTION BUDGET VVVRKSHEET CuNTRACT #:
Client Citv of Rancho Cucamonga Contact: Erika Lewis-Huntley
Address: 10500 Civic Center Drive Rancho Cucamonga CA 91729-0870
Email: Erika.Lewis-Huntley _cityofrc.us Telephone: 909-477-2700 ext 2008 Fax: 909-477-2846
BILLING INFORMATION: (information needed to process contract) d
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Contact:_ _ Erika Lewis-Huntley
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Address: 10500 Civic Center Drive Rancho Cucamonga CA 91729-0870 E
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Email: Erika.Lewis-Huntley(-a)cityofrc.us Telephone: 909-477-2700 ext 2008 Fax: 909-477-2846
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SERVICES Hour x Rate SERVICES Hour x Rate
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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
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1 Camera Remote (2hr min) x /hr Additional Personnel: x /hr N
2 Camera Remote (2hr min) x /hr x !hr
3 Camera Remote(4hr min) x /hr x /hr
X /hr y
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 w
Videotape Purchase: type # Tapes x$ I tape o
type # Tapes x$ /tape
type # Tapes x $ /tape
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Comments: 1 hr setup+ up to a 3 hour meeting using up to 2 staff persons An additional$551half o
hour after 10:00pm thereafter. V
Est. Production Cost: $440+$38.61 Final Production Cost: $478.61 �
fJ 11/7/08 w
.11/7/08
Client Date Supe r Date m
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11/7108 x
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TERMS: A non-refundable deposit of 50% may be required. Advertising contracts require 50% E
deposit upon initial contract signing, and the 50% balance upon completion. Delinquent 0
accounts will be charged an additional 15% delinquency fee per month on the balance due. r
The production budget is an estimate of costs based on information supplied by the client. Actual facility use will be Q
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
videotapels released to client. Please read the TERMS and CONDITIONS.
Distribution: White:Administration Yellow:Finance Pink:Production Goldenrod:Client
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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 receh-/e 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 a
reflects prices for existing permanent personnel and equipment. Prices for personnel c
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 a
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 r
one hour of facilities or services, whichever is greater, shall be in effect in each case, o
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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 a
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.
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Until full payment has been made by the Client, CAN shall retain final production. w
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 w
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- o
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. m
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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 o
binding contract. 0
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Signature of the Client on and return of the quotation to CATV shall constitute a binding LU
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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 m
quotes of flat rate productions. _
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6. BREACH: If, for reasons beyond the control of the CAN 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 lees to cance! 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 a
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 a
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 r
to the end that the production schedule shall be satisfactory to the Client. However, o
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 a
establishing the schedules for the furnishing of personnel and facilities and the Client L
shall comply with such schedule. o
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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, in
damages, costs, liabilities and expenses, including reasonable counsel fees and L
disbursements arising out of, or resulting from any acts or omissions by the Client, Its w
employees, officers, agents, licensees, in connection with the Client's occupancy of c
CATV's premises and/or uses of the technical facilities personnel and services L
furnished hereunder, or in any other way by reason of CATV's entering into this ~
1 agreement with the Client. The Client shall also reimburse CATV for any damage to, or w
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. N
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9. INSURANCE: CATV has sufficient insurance to cover all facilities and personnel of in
the production facility. However, CATV does not carry, and shall not be responsible for a
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 z
addition, Client will, at the request of CAN, provide additional insurance coverage o
where coverage is not provided for in the CATV policy. 0
10. CLIENT'S PACKAGE: The Client shall furnish all elements required for the w
production and recording thereof, except the facilities and special provisions stated in ro
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 m
be deemed to be CATV's agent in negotiating or entering into any such contract. Client x
shall provide staff for production assistant duties, including refreshment services, script w
writing and other such services related to the production unless prior paid arrangements
are made with CATV.
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11. CLIENT'S WARRANIircS: Client warrants and represents'wat:
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 inc!uded 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. Q
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 a
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, o
CATV and the Client.
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- IEMG
Inland Empire Media Group a
City of San Bernardino E
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ECONOMIC DEVELOPMENT AGENCY
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CONTRACT SERVICES AGREEMENT
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May 11,2010 a)
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The City of San Bernardino,Economic Development Agency-Inland Empire Media Group r
(hereafter shown as"IEMG"),is pleased to provide the Local Agency Formation Commission-San
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Bernardino(LAFCO)with Commission Hearing Production Services at a flat fee of$300 per hearing from =
the July 1,2010 through June 30,2010. IEMG agrees to provide staff for each hearing. The hearing
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schedule is as follows: a
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July 21,2010 S tember 15,2010 November 17,2010 'a
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January 19 2011 March 16,2011 Ma 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. w
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(1) Production/Technical Operator @$300 per hearing L
(2) Additional DVDs requested by LAFCO @$15 each
The following table specifies the included and excluded job functions for the provided staff.Excluded job w
functions are available to LAFCO as needed at an additional cost.
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Job Functions: Excluded functions: N
• System setup and shutdown • Videotape editing V
• Camera operations • Equipment maintenance
• Tape operations • Videotape duplication
• Audio operations • Training Z
• Switcher operations 0
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• Character generator operations
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Either LAFCO or IEMG may terminate this contract agreement by submitting 30 days written notice. ,
Either LAFCO or lEMG may cancel production services for a hearing by submitting 21 days written notice. m
IEMG will invoice LAFCO on a monthly basis for services rendered.
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IEMG shall provide LAFCO with two DVDs of each production at no additional cost. IEMG may charge X
$15 for each additional DVDs requested by LAFCO. w
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Klyde Layon,IEMG Broadcast Engineering Coordinator,will act a';P5 contract administrator on behalf of E
IEMF�:.He wil directly with the designated LAFCO st to c tate s agreement. r
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Date: 3 �d - Date:5/12/10 Q
Lo ' illc , E anager een oll gs- c onal
City of San B rnardino Ex eutiv 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.tv3media.org
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EXHIBIT "C"
IEMG PROTECTED BUDGET v
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[Attached on following pages.1
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Projected Revenue & Expense Budget — IEMG
Fiscal Year 2013-14 (July 1, 2013 to June 30, 2014)
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Projected d
Account Account Description E
Budget
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Department 100-City Manager >
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EXPENSE '0
CD
Personnel Expenses IY
CD
Budget :E
Salaries&Benefi O
5011 Salaries perm/fulltime $67,500.00 v
5012 Special Salaries
$0.00
5014 Temp/Part Time $0.00 a
5015 Overtime L.
$0.00 W
5027 PERS retirement $11,353.50 N
5028 Health/Life Insurance $9,506.00 v
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Unemployment $202.50 t j
5029 Medicare $978.75
Salary&Benefits Totals $89,540.75 N
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Non-Personnel Expenses �
Maintenance and Operations (�
5111 Material and supplies 1,000.00 W
5121 Advertising 00
5122 Dues and subscriptions 04
3,000.00
5132 Meetings and conferences V
500.00
5133 Education and training 00
5172 Equipment maintenance W.00 �
5174 Printing charges
.00
5175 Postage 250.00 m
5176 Copy machine charges W
.00
5181 Other operating expenses 500.00 C)
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Maintenance and Operations Totals $5,250.00
Capital Equipment O,Lease&Production 0
5702 Computer Equipment 10,000.00 iD_
5703 Communications Equipment 20,000.00
5112 Small Tools&Equipment 8,000.00 lJJ
5705 Other Professional Services(Program Production) 219,581.60 ()
$257,581.60 ~
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EXPENSE TOTAi-- $352,372.35 =
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REVENUE
4205 Transfers in(PEG Fee*) 211,568.60
5957 Program Income(City of Rancho Cucamonga)** 17,050.48 31
5957 Program Income(San Bernardino Unified School District)** 18,810.00 C
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5957 Program Income(Local Agency Formation Commission(LAFCO))** 2,850.00
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5957 Miscellaneous Revenue i.e.,Public Access Use =
C ) 12,000.00 y
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Revenue Totals 262,279.08 0
REVENUE TOTALS 262,279.08 d
Grand Totals
REVENUE TOTALS 262,279.08 d
EXPENSE TOTALS $352,372.35 +L+
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Grand Totals ($90,093.27)
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*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 Q
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