HomeMy WebLinkAboutS06-City Clerk
-
.CITY OF SAN BERNORDINO - REQUEST OR COUNCIL ACTION
From: Rachel Krasney, City Clerk
Subject: Resolution of the City of San Bernardino
Ratifying Agreements with Creative
CoDaunicatioDS Associates, Inc., Regarding
Feasibility Study and Fund-Raising For
Inland Empire Television News Service.
Dept: City Clerk's Office
Date: September 12, 1991
Synopsis of Previous Council action:
January 23, 1991: Approved a motion to enter into an Agreement with Creative CoIIIIBunications
Associates, Inc. for the purpose of conducting Phase I of a feasibility study
and develo~t of an operations plan for a San Bernardino/Inland Empire
Television News Service.
July 24, 1991: Approved a motion to enter into an Agreement with Creative r.-nn;cations
Associates, Inc. for an amount not to eJ<ceed $42,000.00 for the purpose of
conducting Phase II of a feasibility and fund-raising study for a San
Bernardino/Inland Empire Television News Service.
Recommended motion:
Adopt Resolution.
(2~~
Contact person:
Rachel Krasney, City Clerk
Phone:
384-5002
Supporting data attached:
Yes - Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: IAcct. No.!
IAcct. Descriotion)
Finance:
Council Notes:
75-0262
Agenda Item No
S-(g
. CITY OF SAN BER.RDINO - REQUEST .QR COUNCIL ACTION
STAFF REPORT
TO:
FROM:
DATE:
RE:
Honorable Mayor and Members of the Common Council
Rachel Krasney, City Clerk
September 12, 1991
Resolution of the City of San Bernardino Ratifying
Agreements With Creative Communications Associates,
Inc., Regarding Feasibility Study and Fund-Raising for
Inland Empire Television News Service.
Backaround Information:
On January 23, 1991, the Mayor and Council approved a motion to
enter into an agreement with Creative Communications Associates,
Inc., for the purpose of conducting Phase I of a feasibility
study and development of an operations plan for a San
Bernardino/Inland Empire Television News Service.
Then, on July 24, 1991, the Mayor and Council approved a motion
to enter into an agreement with Creative Communications
Associates, Inc., for the purpose of conducting Phase II of a
feasibility and fund-raising study for a San Bernardino/Inland
Empire Television News Service. However, Resolutions authorizing
the execution of these agreements were not prepared. For
appropriate indexing and tracking of Council actions, the City
Clerk requests that a Resolution be adopted ratifying the
agreements approved on January 23, 1991 and July 24, 1991
respectively.
Reauested Action:
It is recommended that the attached Resolution be adopted to
provide for appropriate indexing of prior Council actions
concerning agreements with Creative Communication Associates,
Inc., and to serve as a legal document ratifying that the Mayor
and Council were authorized to enter into and execute said
agreements.
RK:mav
75-0264
o
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO
AGREEMENTS WITH CREATIVE COMMUNICATIONS ASSOCIATES,
FEASIBILITY STUDY AND FUND-RAISING FOR INLAND EMPIRE
NEWS SERVICE.
RATIFYING
INC., RE:
TELEVISION
WHEREAS, on January 23, 1991, the Mayor and Council approved
a motion to enter into an Agreement with Creative Communications
Associates, Inc., in an amount not to exceed Fifty-six Thousand
Dollars ($56,000.00) for the purpose of conducting Phase I of a
feasibili ty study and development of an operations plan for a
San Bernardino/Inland Empire Television News Service; and,
WHEREAS, pursuant to said authorization, the Mayor executed
an Agreement with Creative Communications Associates, Inc., a copy
of which is attached hereto and incorporated herein as Exhibit
IIA;" and,
WHEREAS, on July 24, 1991,the Mayor and Council approved a
motion to enter into an Agreement with Creative Communications
Associates, Inc., in an amount not to exceed Forty-two Thousand
Dollars ($42,000.00) for the purpose of conducting Phase II of a
feasibility and fund-raising study for a San Bernardino/Inland
Empire Television News Service; and,
WHEREAS, pursuant to said authorization, the Mayor executed
an Agreement with Creative Communications Associates, Inc., a copy
of which is attached hereto and incorporated herein as Exhibit
"B;" and,
WHEREAS, the Mayor and Council wish to ratify the execution
of said Agreements.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
DCR/dys/creative.res
1
September 11. 1991
o
o
1 SECTION 1. The Agreement with Creative Communications
2 Associates, Inc., in an amount not to exceed Fifty-six Thousand
3 Dollars ($56,000.00) for the purpose of conducting Phase I of a
4 feasibi1i ty study and development of an operations plan for a
5 San Bernardino/Inland Empire Television News Service, a copy of
6 which is attached hereto and incorporated herein as Exhibit "A,"
7 is hereby ratified.
8 SECTION 2. The Agreement with Creative Communications
9 Associates, Inc., in an amount not to exceed Forty-two Thousand
10 Dollars ($42,000.00) for the purpose of conducting Phase II of a
11 feasibi1i ty and fund-raising study for a San Bernardino/Inland
12 Empire Television News Service, a copy of which is attached hereto
13 and incorporated herein as Exhibit "B," is hereby ratified.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of
16 San Bernardino at a meeting thereof, held on the
17 day of , 1991, by the following vote, to wit:
18 Council Members: AYES NAYS ABSTAIN ABSENT
19 ESTRADA
20 REILLY
21 HERNANDEZ
22 MAUDSLEY
23 MINOR
24 POPE-LUDLAM
25 MILLER
26
27 City Clerk
28 // / /
DCR/dya/creative, res
2
September 11. 1991
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
o
1 RESOLUTION ... RATIFYING AGREEMENTS WITH CREATIVE COMMUNICATIONS
ASSOCIATES, INC., RE: FEASIBILITY STUDY AND FUND-RAISING FOR
2 INLAND EMPIRE TELEVISION NEWS SERVICE.
3
The foregoing resolution is hereby approved this day
of
, 1991.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
^
?ff____
By:
o
.A
DCR/dys/creative.res
3
September 11. 1991
072~ 91 13:~2
,
'8'~o 1 4H S3~U
o
CRBTI\'E cmf)!. 0
Ial002012
1
AGREEMENT
2
3
THIS AGREEMENT is made this ~C?~ day of MAt(.Ut
,
4 1991, by and between CREATIVE ~ICATIONS ASSOCIATES, INC., a
5 Rhode Island Corporation with its principal place of business
6 located at 100 Amaral Street, East Providence, Rhode ISland
7 ("CCA") and the CITY OF SAN BERNARDINO, a public entity, with its
8 I principal place of business at 300 North "0" Street,
by THE CITY.
28 III
I OCRldyslbg [Creative.Agr]
March 25, 1991
9
10
11
12
13
14
15
16
17
18
19 II
20
21
22
23
24
25
26
27
San Bernardino, California ("THE CITY").
PURPOSE
CCA shall perform the services as contained herein,
including (Exhibit "A") attached hereto and incorporated herein,
as an independent contractor and shall not be considered an
employee of THE CITY or under THE CITY'S supervision or control.
TRIS AGREEMENT is by and between CCA and THE CITY, and is not
intended, and shall not be construed, to create the relationship
of agent, servant, employee, partnership, joint venture, or
association, between THE CITY and CCA.
NOW THEREFORE, for good and valuable consideration, the
receipt of which is hereby acknowledged, the parties hereto ~gree
as follows:
1. CCA will provide these services in accordance with the
proposal attached hereto as Exhibit "A" which inCludes budgets,
time schedules, and payment schedules.
2. In addition to the Fixed Fee, any additional
consulting services ordered and used by THE CITY will be paid for
1
Exhibit A
.07, 2~ 91 13:~3
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14-
15
16
17
18
19
20 II
21
22
23
24
25
26
27
28
~~010~ 8380
CRE.HI\'E cmm. 0
1aI003,012
without the express approval of the Mayor and Common Council of
the City of San Bernardino.
3. THE CITY shall reimburse CCA upon demand for all
reasonable out of the pocket costs, charges and other expenses of
CCA including travel, incurred during the performance of THIS
AGREEMENT, not to exceed a total of Seven-Thousand-Five-Hundred_
Dollars ($7,500.00).
4. CCA shall keep confidential all reports, information
and data received, prepared or assembled pursuant to performance
hereunder and that T~B CI.:tY /designates as confidential. SUCh'
"'Or ~..WI-"
information shal~be made available to any person, firm,
corporation or entity, without the prior written consent of THE
CITY.
5. CCA agrees to indemnify, defend and save harmless THE
CITY, its agents, officers and employees from and against any and
all liability, expense, including defense costs and legal fees
and claims for damages of any nature whatsoever, including, but
not limited ~o, bodily injury, death, personal injury or property
damage arising from or connected with CCA's operations, or its
services hereunder, including any workers' compensation suit,
liability or expense, arising from or connected with the services
performed by or on behalf of CCA by any person pursuant to THIS
AGREEMENT.
6. Without limiting CCA's indemnification of THE CITY,
CCA shall provide and maintain at its own expense during the term
of THIS AGREEMENT the following program(s) of insurance covering
its operation hereunder.
Such insurance shall be provided by
insurer(s) satisfactory to THE CITY and evidence such program(s)
" DCR/dys/bg [Creative.Agr]
M.=..,..,......," 1 CQl
2
0; ::i ,1
-, i I
1 !
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
13:H
'5'40034 ~380
41004012
CRBTI''-E CO)l):\'O
satisfactory to THE CITY shall be delivered to THE CITY within
ten (10) days of the effective date of THIS AGREEMENT.
GENERAL LIABILITY: A program including, but not
limited to, comprehensive general liability with a
combined single limit of One-Million-Dollars
($1,000,000.00) per occurrence. Such insurance shall
be primary to and not contributing with any other
insurance maintained by THE CITY, and shall name THE
CITY as an additional insured.
WORKERS' COMPENSATION:
A program including
workers' compensation insurance, where necessary, with
statutory limits.
Failure on the part of CCA to
maintain required insurance shall constitute a
material breach of THIS AGREEMENT upon which THE CITY
I
I
I THIS AGREEMENT (Exhibit
I allow any subcontractor
may immediately terminate THIS AGREEMENT.
7.
In the fulfillment of the program established under
"A") CCA agrees not to discriminate, nor
to discriminate against any employee on
20 ancestry, sex, marital status or physical handicap. (CCA is an
the basis of race, color, creed, religion, national origin,
21 Equal Opportunity Employer).
22
8.
In the event that any provision herein contained is
23 held to be invalid, void or illegal by any court of competent
24 jurisdiction, the same shall be deemed severable from the
25 remainder of THIS AGREEMENT and shall in no way effect, impair or
26
invalidate any other provision contained herein.
If any such
27 pro....ision shall be deemed invalid due to its scope or breadth,
28 III
DCR/dys/bg [Creative.Agr] 3
March 25. 1991
'a'~01 43~ 8380
o
'.
07,H.9i 13:43
.
10
11
12
13
14
15
16
17 I
181
19 I
I
20 I
21
22
23
24
CRE.H1YE CmIJ/, 0
~005 012
1 such provision shall be deemed valid to the extent of the scope
2 or breadth permitted by law.
3 9. No breach of any provision hereof can be waived unless
4 in writing. Waiver of anyone breach of any provision shall not
5 be deemed to be a waiver of any other breach of the same or any
6 other provision hereof.
7
10. THIS AGREEMENT supersedes any and all other
8
agreements, either or oral or in writing, between the parties
9
hereto with respect to the retention of CCA by THE CITY, and
contains all of the covenants and agreements between the parties
with respect to such retention.
THIS AGREEMENT has been duly executed on the stated date.
IN WITNESS WHEREOF, the City Council of the City of
San Bernardino has caused this Agreement to be subscribed by the
Mayor, and the seal of said Council to be hereto affixed and
attested by the Clerk thereof, and Consultant has executed this
Agreement, the day, month and
ATTEST:
year first above written.
CITY OF SAN ~INO
~.. /.., --;:.--, i .'
.'" ~.., '''. I ../
/ /,. 'c' 1''-'----' /
,/.. .
.W.- Et. HoICOll\,b, Mayor
----
'~~~
City Clerk
WITNESS:
~..~ Co
C/c;::-,~, ~-- ~A,
CREATIVE COMMUNICATIONS
ASSOC~S, _ IN~ I/J
~~ A 1 /t'av+
Edwin N. Hart, CEO
25 Approved as to form
and legal content:
26
27
28
J~~ES F. PENMAN, CITY ATTORNEY
/-:L,,_.~ ,~f2, () ,
/' WW'/1f!Jf-~ 1
DCR/dys/bg [Creative.Agr] 4
March 25, 1991
0, 2~ ~l lJ:.j
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 I
18 I
19 !
,
20
I
21 I
I
22
23
24
25
26
27
I I
,
'8'~OI(f 8380
~006 012
CRE.Hj\'E cmm. 0
EXHIBIT "A"
CCA will investigate the interests and concerns of the
residents of the Inland Empire, and determine a plan of action
for the design and implementation of a daily information-based
television program.
I. FACT-FINDING
The fact-finding phase will involve an in-depth research
study.
In conjunction with a representative of the City of
San Bernardino, CCA will design and develop a questionnaire to
gauge the level of publiC interest and potential financial and
viewing support from residents in San Bernardino and Riverside
Counties.
Questions of respondents will be divided into three (3)
main groups:
* Behavioral - how they now get their news about the
local area.
.. Attitudinal - opinions acout the sources currently
being used for news.
* Future interest - degree of interest in changing
viewing behavior and potential for support through
cable fees, etc.
RESEARCH MBTHODOLOGY
SAMPLING SPECIFICS:
A scientifically selected sample of Inland Empire residents
will be interviewed by telephone.
Each interview 'will last
28 'approximately 15 minutes.
DCR/dys/bg (Creative.Agr] 5
March 25, 1991
f!N01(j4 8380
.
07 24 81 13:46
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CREATlYE COlD!. 0
~007 012
This 400 sample will accurately project the attitudes of
all residents of San Bernardino and Riverside Counties within a
margin of error of ~ 6\.
Each questionnaire will include several closed-end
questions in which a yes/no or agree/disagree answer is required.
Some questions will deal with specific local content. What
type of stories do they enjoy or reject?
Several types of
stories will be tested for their degrees of interest. We might
ask, for example, about their interest in retail store openings,
employment proposals, financial difficulties, government issues,
community activities, VIP visitors coming to town, etc.
INTENT TO VIEW:
Finally, a number of questions will investigate potential
behavioral changes if a community newscast were to appear on the
public station and on their cable system. Would they watch this
news program for events of their community? How often would they
watch? What time period would be best? What local personality
would they prefer as host?
RESULTS:
Based on findings from these data, community officials will
know if there is sufficient public interest to proceed and, just
as important, how to design the news program for maximum
satisfaction. This information will form the basis for
developing a successful community viewing service.
The research phase, including the interpretation and
observations, will be under the supervision of CCA Vice President
Harvey Gersin.
///
DCR/dys/bg [Creative.Agr] 6
March 25, 1991
07/24 91 13:~7
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~4010~ 8380
CRETl'-E com!. 0
~008' 012
II. DBVELOPMBN'l'
The development phase will involve the design and drafting
of a plan based on the results of the research. This phase will
be under the direct supervision of CCA Senior Management. (See
"Project Personnel"; attached hereto.)
The final comprehensive plan will include budgets and a
proposed timetable for implementation of the Inland Empire News
Service.
The plan will address, among other items, the following:
I. Number of news personnel required based on
coverage to be provided:
A. Editorial & technical
B. Salary ranges
C. Training schedules
D. Timetables
E. Editorial policy
II. Space Requirements
A. For news staff
B. For editing
C. For studio (perhaps a newsroom set)
D. For vehicles
E. For archives & storage
F. For growth
III. Communications Equipment
A. Telephones
B. Two-way radio or cellular phones
C. Pagers
D. Computer lines
IV. Transportation
A. Type of vehicles needed & how many
B. Buy or lease
C. Maintenance
v. Field Equipment
A. Recorders (format to be dete~mined)
B. Cameras
C. Tripods
D. Light kits
DCR/dys/bg [Creative.Agr] 7
M.....,...h.,'" , 00'
Oi 2~ 91 13; ~&
.
1
2
3
4
5
6
7
8 I
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
'5'~0 1()4 8380
CREHIrE cmDI. 0
~009012
E. Microphones
F. Batteries/chargers
G. Equipment cases, cables, etc.
H. Maintenance
VI. Inside Equipment
A. Newsroom computer
B. TV receivers to monitor commercial
stations' newscasts
C. Synchronized clocks
o. Typewriters
E. Video tape editing facilities
1. maintenance
2. parts stock
VII. News Services
A. Wire
B. Weather
C. Sports
O. Tape shipping procedures
1. bus
2. Federal Express
3. train
4. courier
5. pay stringers' mileage
VIII. Stringers
A. Barstow
B. Lake Havasu City
C. Needles
O. Victorvil1e (in addition to crewing)
E. Redlands (in addition to crewing)
XI. Alliances
A. Sacramento TV station
B. Los Angeles TV station (probably an
Indy)
C. Palm Springs TV station
O. Area weekly newspapers
(utilize their reporters in
exchange for plugging their
papers)
X. Live Capability
A. Vehicle
1. receive site?
2. licensing?
3. frequency coordination
B. From bureau or bureaus
11/
OCR/dys/bg [Creative.Agr] 8
M"r..,h 2<;. 1 QQl
,
0, 24 91 J3:H
, ~
'6'~01 ~3~ 8350
o
iiil010 012
.
8
9
10
11
12
13
CRE.HII"E CO)!'!. 0
1
XI. Insurance
2
3
A.
B.
C.
On equipment
On vehicles
E & 0
4 PROJECT PERSONNEL
5 EDWIN HART
6 President/CEO
7 Mr. Hart is a veteran, award-winning journalist
with over thirty years experience in TV news. He was
a reporter and prime anchor at KRON in San Francisco
and subsequently a news director in several markets
in the Midwest and East before being named Corporate
Vice President for the eight-station Knight Ridder
Broadcast group.
Mr. Hart founded Creative
14 Communications in 1986.
15 MEL J. KAMPMANN
16 Executive Vice President
17 Mr. Kampmann, a native Californian and graduate
18 of Fresno State College, has over thirty years of
19
major market TV News experience.
He was News
20 Director at KRON in San Francisco, KOA in Denver,
21 WPVI in Philadelphia and WJLA in Washington, D.C.
22 Mr. Kampmann is responsible for developing the Action
23 News format now followed by stations across the
24 country.
25 MATT JAMES
26 VP/Production
27
28
Mr. James is a veteran reporter, producer' and
news director. His stations in Dayton, Las vegas,
DCR/dys/bg [Creative.Agr] 9
March 25, 1991
07,24/91 13:49
~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
'a401d4 8380
CREATIYE com!. 0
taJOIL012
Reno. Houston and New Orleans have won many awards
for news coverage. Mr. James designed and developed
several news departments from concept to air. He
currently acts as executive producer of CCA's
nationally syndicated program "Crime Stoppers 800".
HARVEY GERSIN
VP/Research
Mr. Gersin. with thirty years experience in
broadcast research and consulting. was a pioneer in
television news research with stations in New York.
Boston and Chicago. He was with ABC TV News research
for seven years. Prior to joining CCA, Mr. Gersin
was Executive Vice President and a principal in the
television news consulting firm Reymer/Gersin. He
has developed many innovative. targeted research
techniques for business. industry and television.
INVESTMENT
CCA will design. develop and oversee the fact-finding phase
(research) and provide analysis and recommendations in written
form within six weeks of contract execution.
CCA will design. develop and prepare a detailed plan of
operation for the Inland Empire News as described in the
preceding document. Project to be completed and delivered within
ninety days of contract execution.
Total investment..................$48.500*
III
III
DCR/dys/bg [Creative.Agr] 10
March 25. 1991
072.L3i 13.~O
.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
'Zt401 434 8380
o
CRBTlYE COII)I. 0
~ 012 012
1
Terms:
one-third on execution of contract, one-third
2 forty-five days after contract execution, and one-third upon
3 delivery of the completed project.
4
5 *Plus expenses not to exceed 87,500.00
6
DCR/dys/bg [Creative.Agr] 11
March 25, 1991
20
21
22
23
24
25
26
27
28
o
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
A G R E E MEN T
THIS AGREEMENT is made this 30th day of. Auqust
1991, by and between CREATIVE COMMUNICATIONS ASSOCIATES, INC., a
Rhode Island Corporation with its principal place of business
located at 100 Amaral street, East Providence, Rhode ISland
("CCA") and the CITY OF SAN BERNARDINO, a public entity, with its
principal place of business at 300 North "D" street,
San Bernardino, California ("THE CITY").
PUR P 0 S E
CCA shall perform fundraising services and begin
implementing an Inland Empire news service, as described herein.
CCA shall be an independent contractor and shall not be considered
an employee of THE CITY or under THE CITY'S supervision or
control. THIS AGREEMENT is by and between CCA and THE CITY, and
is not intended, and shall not be construed, to create the
relationship of agent, servant, employee, partnership, joint
venture, or association, between THE CITY and CCA.
NOW THEREFORE, for good and valuable consideration, the
receipt of which is hereby acknowledged, the parties hereto agree
as follows:
10
~.,
1. CCA will provide for THE CITY sixty hours of
consul tation services per month for six months, including the
following services:
A. Contact foundations and private corporations for
the purpose of raising capital funding, and prepare grant
applications.
B. Seek other sources of revenue and/or the
DCR/dya/bg/creativZ.agr
1
EXHIBIT "B"
August 1. 1991
20
21
22
23
24
25
26
27
28
o
o
1 development of a sales and marketing arm for advertisement
2
3
4
5
6
7
8
9
10
11
12
13
14
placement.
Document all contacts made for funding
4-. /-
r'""'-1...- /1.~ .,/....... (
, ',- '. .
~e;n~ C~A'S best efforts t~
D. ecu e .,"-,411 etu.;h .LUWCt.J. caD e operator its
C.
and the
results of said contacts.
written
commi tment to carry the Inland Empire news service and its
commitment to contribute twenty-five cents (250) per month per
subscriber, which may be passed through to the subscriber, to the
Inland Empire news service non-profit foundation.
E. Prepare all documentation necessary to establish
a non-profit foundation for the administration of the Inland
Empire news service, including articles of incorporation, and
identify potential Board members.
F.
Contact the Federal Communications Commission
15 (FCC) and prepare all necessary documents to establish multiple
16 microwave hops.
17
18
G.
Contact and negotiate with equipment vendors and
service providers to be associated with the implementation of the
10
Inland EmptrA nAWR RArvi~A.
H. Provide the screening and hiring of staff to begin
implementation of the Inland Empire news operation.
I. Present progress reports to THE CITY monthly, and
a summary report at the end of the term of THIS AGREEMENT (six (6)
months) .
2. THE CITY shall pay to CCA for the above services a
Fixed Fee of Five-thousand Dollars ($5,000.00) per month over the
term of THIS AGREEMENT.
3. In addition to the Fixed Fee, any additional consulting
DCR/dya/bg/cr..tiv2.agr
2
Auguat 1. 1991
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
1n
~"
o
o
services ordered and used by THE CITY will be paid for by THE
CITY. However, no additional services shall be
ordered without the express approval of the Mayor and Common
Council of the City of San Bernardino.
4. THE CITY shall reimburse CCA upon demand for all
reasonable out of the pocket costs, charges and other expenses of
incurred during the performanc~ of THIS
.. 11l-!( ~
. ..' ;. (I" 4 IJ(..Vo-'
AGREEMENT, not to exceed Tile TtlliblluAa &llillil5'& (~:I,ggQ_QO), tg a
CCA including travel,
maximum of Twelve-thousand Dollars ($12,000) over the term of THIS
AGREEMENT.
5. CCA shall keep confidential all reports, information
and data received, prepared or assembled pursuant to performance
hereunder and that THE CITY designates as confidential. Such
information shall not be made available to any person, firm,
corporation or entity, without the prior written consent of THE
CITY.
5. Any documents produced or reports generated by CCA for
THE CITY shall be the property of THE CITY.
6.
CCA a~TPes ro innemnify, defend and save harmless THE
20 CITY, its agents, officers and employees from and against any and
21 all liability, expense, including defense costs and legal fees and
22 claims for damages of any nature whatsoever, including, but not
23 limited to, bodily injury, death, personal injury or property
24 damage arising from or connected with CCA' s operations, or its
25 services hereunder, including any workers' compensation suit,
26 liability or expense, arising from or connected with the services
27 performed by or on behalf of CCA by any person pursuant to THIS
28 AGREEMENT.
OCR/dya/bg/creativ2.agr
3
Augu_t 1. 1991
o
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7. Without limiting CCA's indemnification of THE CITY
,
CCA shall provide and maintain at its own expense during the term
of THIS AGREEMENT the following program(s) of insurance covering
its operation hereunder. Such insurance shall be provided by
insurer(s) satisfactory to THE CITY and evidence such program(s)
satisfactory to THE CITY shall be delivered to THE CITY within ten
(10) days of the effective date of THIS AGREEMENT.
GENERAL LIABILITY: A program inCluding, but not
limited to, comprehensive general liability with a
combined single limit of One-Million-Dollars
(51,000,000.00) per occurrence. Such insurance shall
be primary to and not contributing with any other
insurance maintained by THE CITY, and shall name THE
CITY as an additional insured.
WORKERS' COMPENSATION: A program including
workers' compensation insurance, where necessary, with
statutory limits. Failure on the part of CCA to
maintain required insurance shall constitute a material
breach of THIS AGREEMENT upon which THE CITY may
immediately terminate THIS AGREEMENT.
8. In the fulfillment of the program established under
THIS AGREEMENT (Exhibit "A") CCA agrees not to discriminate, nor
allow any subcontractor to discriminate against any employee on
the basis of race, color, creed, religion, national origin,
ancestry, sex, marital status, physical handicap, or any other
classification protected by law. (CCA is an Equal Opportunity
Employer) .
9. In the event that any provision herein contained is
DCR/dya/bg/creat1v2. agr 4 Auguat 1. 1991
respect
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
o
o
5
August 1. 1991
DCR/dya/bg/cr.stiv2.agr
o
1
2
3
AGREEMENT BETWEEN CITY
COMMUNICATIONS ASSOCIATE.
SERVICES FOR INLAND EMPIRE
o
OF
INC.
NEWS
SAN BERNARDINO
FOR FUNDRAISING
SERVICE.
AND CREATIVE
AND CONSULTANT
4 contains all of the covenants and agreements between the parties
5 with respect to such retention.
6 THIS AGREEMENT has been duly executed on the stated date.
7 :IN WITNESS WHEREOF, the Ci ty Council of the City of
8 San Bernardino has caused THIS AGREEMENT to be subscribed by the
9 Mayor, and the seal of said Council to be hereto affixed and
10 attested by the Clerk thereof, and Consultant has executed THIS
11 AGREEMENT, the day, month and year first above
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTEST:
~~r~
!": ~i
t'~bl - ~
Approved as to form
and legal content:
JAMES F. PENMAN,
City A torney
DCR/dyo/bg/cr..tiv2..gr
CITY OF
CREATIVE COMMUNICATIONS
AS'&:S:"1jJ
Edwin N. Hart, CE
6
Auguot 1. 1991