HomeMy WebLinkAboutCCN USAp-2006-306
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o: PRCs C~ c•~pxms) COMMUNITY TELEVISION AGREEMENT
This Agreement is made by and between CCN CA, LLC, a California limited liability
company (hereinafter "CCN"), and the City of Santa Ana, a charter city and municipal
corporation duly organized and existing under the Constitution and laws of the State of
California.(hereinafter "City").
RECITALS
WHEREAS, as set forth herein, CCN shall provide CTV (as hereinafter defined) and the
related equipment in order that City may communicate with its community through the
CTV system;
WHEREAS, CCN will supply, install and maintain equipment (hereinafter "System") in
each of the various venues listed in Schedule B (hereinafter "Venues");
WHEREAS, CCN will supply program content as set forth below (hereinafter
"Content"), manage the broadcast and content scheduling, and provide all support
services which aze necessary for the operation of the System. The content will be played
back on a continuous loop at all published operating times of the Venues.
NOW THEREFORE, in consideration of the covenants and agreements provided herein,
and further good and valuable consideration, the sufficiency and adequacy of which is
hereby acknowledged, the parties hereby agree as follows:
1. Definitions.
1.1 "CTV" shall mean that certain closed circuit video system to be built, operated
and maintained in accordance with this Agreement.
1.2 "Services" shall be defined and include CCN's installation, maintenance of the
System (defined below), and the ongoing production of CTV Content (defined below),
throughout all Venues specified in Schedule B.
1.3 "System" shall mean all hardware and software set forth in detail in Schedule
"C". CCN shall retain all rights to the softwaze and is only providing a license to the City
to use the software in conjunction with the System during the term of this Agreement.
1.4 "Term" shall mean an Initial Term of three years beginning on the first day of the
first calendar month following the "Launch Event", plus up to three one-year optional
extensions in favor of the City as set forth in 12.1. If the City exercises one or more if its
options, the Term shall be deemed to include such additional yeazs,
2. Scope of Services.
2.1 CCN shall provide to City the following services:
(a) CCN shall install and maintain any and all equipment in the System at
each Venue at those times and in the fashion detailed in Schedule "C";
(b) The System will be connected to CCN's nominated central server facility
allowing regular updating of content from CCN's offices;
(c) CCN shall provide original programming as set forth in Schedule "C".
3, Venues.
3.1 City shall procure all necessazy rights of entry and/or licenses for CCN to access
the Venues for System installation and maintenance.
3.2 CCN shall provide complimentary Venue relocation services for the first two
Screen relocations requested by City.
3.3 Thereafter, in the event that a particulaz Venue is no longer considered suitable by
City, CCN shall within a reasonable period of any written request made by City, relocate
the venue hardware to an alternative Venue within the city of Santa Ana, for its actual
cost not to exceed $750.00 per location.
4. Content
4.1 CCN will provide content for City using information supplied by City in the
format as specified in Schedule "C".
4.2 CCN Indemnification for Certain Content. CCN shall hold the City harmless for
any third party action involving the violation of federal and state laws and/or any
common law actions predicated upon any act or omission regarding (a) all content filmed
and produced by CCN for the City, (ii) any content provided from libraries or azchives of
CCN or its licensors. In the event that City requests specific content to be produced, City
shall provide sufficient information to enable CCN to produce such specific content and
ensure that any and all rights and/or licenses to use any and all intellectual property,
including but not limited to, all photographs, images and other materials has been legally
obtained.
4.3 Content shall be provided in thirty (30) minute loops and will be presented in the
format specified in Schedule "C" unless modified by an agreement by the Parties.
4.4 With the exception of news, weather, and sport content, CCN shall not broadcast
any content not previously approved by City.
4.5 All content broadcasted by CCN will comply with any and all applicable federal
and state laws and any pertinent municipal ordinances.
4.6 City shall obtain all necessary authorization to have the System installed and
operated at the respective Venue(s) in accordance with the Venue agreement letter,
attached herein as Schedule "D".
4.7 Where City uses the System to broadcast emergency information content such as
missing persons or crime appeals, it will be the sole responsibility of the City to ensure
such content complies with all applicable federal and state laws, including any privacy or
slander laws.
4.8 City Indemnification for Certain Content. CCN shall hold the City harmless for
any third party action involving the violation of federal and state laws and/or any
common law actions predicated upon any act or omission regarding (a) content pursuant
to Section 4.7 above or (ii) any content provided by the City, such as content from the
City's Channel 3 archives.
5. Updating Content.
5.1 Content shall be updated by CCN as follows:
5.1.1 As required, emergency information content provided by City such as
missing persons, "Amber alerts," and serious crime appeals.
5.1.2 Quarterly changes to city and local initiatives and information provided by
City with a six week broadcast lead time.
(. Operations.
6.1 CCN shall ensure that the System is operational during 95% of the normal hours
of business at each Venue. CCN will be responsible for correcting any technical issues in
the System and will generally respond to faults within 48 hours and in any case within
seven (7) working days, unless such technical issues are outside CCN's reasonable
control.
7. Consideration.
7.1 As consideration for the services to be provided to City by CCN, City will pay
CCN the sums at such times as specified in Schedule "A.
7.2 "Screens" shall consist of five 50" and five 42" plasma screens.
7.3 Any payments hereunder shall be payable solely from capital contribution funds
and other non-franchise revenues received by the City from the City's cable television
franchisee.
7.4 The costs specified in Schedule "A" include all installation program design,
telecommunications, licensing, delivery, servicing, account management and staff
training required to operate the network throughout each twelve (12) month period.
7.5 Upon payment in full for yeaz one, as set forth in Schedule A, the equipment
and/or hazdwaze for the System shall become the property of City and shall remain in
place at each Venue at the end of the term of this Agreement. The City will use all
reasonable means to assist CCN to ensure that the Screens are not damaged, defaced,
stolen or removed from the Venues and that site owners comply with the terms agreed
from time to time by the City.
8. Assignment.
8.1 CCN was selected as the preferred provider through a competitive Request For
Proposal (RFP) process. CCN's submittal in response to the RFP relied heavily upon its
unique experience, skill and expertise in developing and distributing community
television services serving local govermnent. Therefore, CCN may not assign or transfer
this Agreement or any duties thereunder for at least the first 18 months of the Term of
this Agreement. Thereafrer, any assigrunent or transfer shall not be effective without the
written consent of the City, which shall not be unreasonable withheld provided the
tranfenee/assignee has substantially the same knowledge, skill, expertise and ability to
perform this Agreement as represented in CCN's RFP submittal. This prohibition on
assignment shall not prevent CCN from utilizing subcontractors or outside vendors for
such functions as installation and maintenance services for the screens at the various
venues.
9. Indemnification.
9.1 CCN will indemnify and hold harmless City against all reasonable costs arising
from any actions, claims or demands by reason of this Agreement except such actions,
claims, costs or demands as may be occasioned in whole or part by the gross negligence,
willful misconduct, and/or illegal act or omission of City, its employees, agents, officers
and/or assigns.
10. Liability Insurance.
10.1 Prior to undertaking performance of work under this Agreement, CCN
shall maintain and shall require its subcontractors, if any, to obtain and maintain
insurance as described below:
a. Public Liability Insurance. CCN shall maintain public liability insurance,
including product liability insurance including the CITY, its officers, employees, agents,
and representatives as additional insureds) to the extent the City is liable for loss or
damage arising out of CCN's negligent or intentional acts arising out of CCN's
performance of the services defined in this Agreement. The amounts of insurance shall
be single limit coverage applying to bodily injury, including death resulting therefrom,
and property damage, in the total amount of $1,000,000 per occurrence. CCN shall
supply CITY with a fully executed certificate of insurance including the City, its officers,
employees and representatives asadditional insureds, in a form approved the City
Attorney.
b. Worker's Compensation Insurance. In accordance with the provisions of
Section 3300 of the Labor Code, CCN is required to be insured against liability for
worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, CCN agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
11. Business Licenses.
11.1 CCN shall obtain and maintain a Santa Ana business license during the term of
this agreement.
license sand/or permits whsh are necessary to effectuatel thspAgreement dditional
12. Termination.
12.1 This Agreement shall be binding for the three-yeaz Initial Period of the
Agreement specified in Schedule A. The City shall have the option to extend the lus CPI-
agreement for up to three additional one-year periods for the third year amount, p
U for the Los Angeles/Orange County region.
12.2 In the event the City elects to exercise its optional years, it shall do so by written
notice served no less than three (3) months prior to the end of the Initial Period of the
Agreement or any successive twelve (12) month period.
13. Liability.
13.1 Each of the parties acknowledges and agrees that in entering into this Agreement,
and the documents referred to in it, it does not rely on, and shall have no remedy in
respect of, any statement, representation, warranty or understanding of any person
(whether party to this Agreement or not). The only remedy available to it shall be for
breach of contract under the terms of this Agreement.
14. Miscellaneous.
14.1 Entire Agreement. This Agreement sets forth the entire agreement with respect to
the matters raised herein and supersedes all previous agreements, promises,
representations, understandings, and negotiations, whether written or oral, between the
parties with respect to the subject matter hereof None of the terms of this Agreement
shall be amended or modified except in writing signed by both parties hereto.
14.2 Binding Agreement. This Agreement shall be binding upon and inure to the
benefit of the parties' respective successors, assigns, and heirs.
14.3 Governing Law. This Agreement is deemed to have been entered into in the State
of California, and its interpretation, construction, and the remedies for its enforcement or
breach are to be applied pursuant to and governed in accordance with the laws of the
State of California, without regard to its conflict of law provisions.
14.4 Notices. Any notice shall be in writing sent by first class mail, postage prepaid, to
the addresses set forth below:
If to the City:
City of Santa Ana
Parks, Recreation and Community Services Agency
gg W. Santa Ana Blvd, 2nd Floor, Santa Ana, CA 92701.
Attn: Executive Duector.
With a Copy to:
City of Santa Ana
Office of the City Attorney
20 Civic Center Plaza
Santa Ana, CA 92701
If to CCN:
CCN CA, LLC, a California limited liability company
1920 Main Street, Suite 210
Irvine, CA 92614
***+~:r++****~**.*~*
1N WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
CCN CA, LLC
a California limited liability com y
By
Fred Annendariz, P esident and CEO
CITY OF SANTA ANA
By
David N. Ream
City Manager
ATTEST:
Patricia E. Heaiy
0^ Clerk of the Council
Schedule A
System Cost and Initial Term
The Initial Term shall be for a period of three (3) years.
System Costs shall be:
Year One: $121,000 per yeaz.
Year Two: $44,750 per year.
Year Three: $44,750 per year.
Payment Schedule:
Yeaz One:
$90,750 payable upon execution of this Agreement;
$30,350 payable on the date of the Launch Event;
Years Two and Three (and option years):
$11,187.50 due at the beginning of each quarter, the first of which starts with the first day
of the first full calendar month following the one-year anniversary of Launch Event.
Launch Event:
The Launch Event shall be scheduled to take place after all of the screens are installed
and operational and the first eight "spots" have been to produced. CCN USA will work
with the City to arrange a system launch aimed at getting the maximum exposure for the
city and its new system. CCN will work closely with the Cityto maximize earned media
including attendance of television crews and print media. Those invited to the launch
will include members of the media, Santa Ana city officials, other city, county, state, and
national officials. A newsworthy individual will be recruited to conduct the official
"switching on of the system" with Santa Ana leaders. The launch will be filmed for the
city and DVD's of the event will be supplied for post-event publicity.
The City shall pay the cost of the launch event. CCN shall work with the City to locate
sponsors to offset the cost of the launch event.
Schedule B
Venues
The System shall consist of 10 Screens at Venues within the City of Santa Ana to be
designated by City with the assistance of CCN. The placement of Screens within a
Venue shall be determined mutually by the parties taking into consideration factors such
as optimal visibility, protection of the Screens from elements and vandalism, and relative
cost and difficulty of installation, including access to power and broadband connections,
and physical barriers, etc. at the Venue. To the extent the City desires a specific Screen
location that requires after hours installation or installation costs significantly above the
average cost, CCN shall provide the City with an additional cost estimate and the City
shall have the option to choose a different location or pay the additional cost.
The System shall be installed within the time frames mutually agreed by the City and
CCN after determination of the Venues; provided, that, it is the parties intent that the
System shall be installed within four months after determination of such Venues.
Prior to commencement of work, any specific requirements for each individual Venue
will be identified in liaison with the City, and installation will be carried out efficiently
and with a minimum of disruption to the businesses concerned.
Screens shall be situated in a position that gives maximum exposure and maximum
attention span from members of the public waiting within the various premises. This will
not necessarily be the locations that have the most foot traffic, but each Venue should, at
a minimum, attract 1,000 people per calendar month.
CCN USA has the ability to install screens outdoor subject to the availability of the
necessary technical and power connections at the site. Outdoor locations do leave the
screen vulnerable to damage by the weather and to vandalism and thefr. Feasibility will
need to be determined by both the City and CCN USA during the site evaluation process
CCN USA will be allowed to put its name on the plasma screen units for marketing
purposes.
Schedule C
Content, Maintenance and Other System Specifications
A. Content:
1. Where appropriate to the venue, Screen may have capability for sound
transmission for emergency alerts only. All other content will not have sound.
2. As directed by City, content will provide City branding through the use of City
logo and corporate artwork.
3. CCN shall produce high quality, visually stimulating content which shall be made
available to City for, and capable of being used on, City's cable public access
Channel 3.
4. CCN shall provide design and production of film content four times a year. CCN
will produce eight 30-second programs per quarter, or thirty-two 30-second
programs per year. The City will determine program topics. The City and CCN
shall work cooperatively to finalize the outline for the content prior to filming.
The City understands that CCN's pricing under this Agreement requires
maximum cost efficiency, including shooting multiple 30-second programs at a
time, in order to obtain economies of scale and minimize cast and other
production costs. City shall work with CCN in designing content to
accommodate such requirements.
5. The City shall be able to make changes to System content quickly, for example to
respond to emergency incidents. Response time to be within 5 minutes of an
appropriate request following proof sign off during normal business hours. The
format and provision of emergency content to be mutually determined and agreed
by the City and CCN. The parties acknowledge that to comply with such time
requirements for emergency broadcasts, a standard form of emergency service
content must be agreed upon by the parties that can be quickly generated and
modified.
6. The CCN System is designed to provide the City with control over the content
loops and content changes. CCN shall provide initial training and ongoing
support to the City with respect to content and management. The City will have
Internet access to the CCN servers that control the distribution of content on each
screen in the System. CCN shall produce the 30 seconds spots, and the daily
news and weather updates as set forth herein, and shall provide the City with
access to and use of its library of public service announcements. The City shall
then designate certain of its personnel with the authority and responsibility for
remotely accessing the CCN servers, selecting the content for each loop and each
screen in the System, selecting the broadcast hours for each screen, and
subsequently updating the content loop and broadcast parameters on the System at
such intervals as desired by the City.
7. CCN shall have the ability to incorporate footage from existing City Channel 3
programs into the System. The City shall be responsible for delivering such
content in the technical format designated by CCN and edited to permit such
content to be appropriately displayed without sound.
8. CCN shall provide daily updates to national, regional and local sews, weather and
sports.
10
9. No advertising is allowed on the system, unless approved in writing by the City.
10. City shall approve all content displayed on the system.
B. Maintenance:
1. CCN shall provide reports which list details of system failures, correction times
and changes to programming to enable performance monitoring, including
capability for online system reports enabling tracking of the number of times
specific messages are shown and at which venues, for statistical analysis, and
evaluation.
2. CCN will be responsible for management of the System to ensure continuity of
service and that all content displayed is accurate and timely.
3. The System shall include automatic remote monitoring of system performance,
approximately every 10 minutes.
4. CCN shall meet the following maintenance standards:
a. 80% of faults resolved remotely within 1 hour of detection or report.
b. 75% of faults reported via helpline, resolved remotely within 1 hour.
c. 90% of faults resolved within 4 hours of repor[/detection.
d. 95% of faults resolved within 24 hours of report (one working day).
e. 100% of faults resolved within 48 hours of (2 working days).
£ Maximum of 2% downtime, across all venues, throughout any 12-month
period.
g. Faults causing downtime of one or more screens to be rectified in no more
than 4 hours.
h. Standards for dealing with system failures:
Cate o of fault Res onse time Location Rectified within
Software 1 hour Remotel 2 hours
ADSL line failure 1 hour Remotel 2 hours
E ui ment failure 4 hours On site 7 hours
Theft(Vandalism 4 hours On site 7 hours
Other 4 hours On site 7 hours
C. Other Specifications:
1. Capability to provide emergency call-in number on the screen that is directed to 911 or
to other such number as provided by the relevant authority -not to CCN staff.
2. The parties shall work together for a highly publicized product launch.
3. The System shall have security features designed to prevent external, unauthorized
access.
4. System shall have the ability to switch the system on and off remotely;
S. System shall have multi-language capability; provided, that the City shall be
responsible for providing the text overlays or captioning in such other language;
6. System shall have the ability to play different content on each screen at all times;
7. Ability to show streaming video content on City Website via a media player;
8. Ability to provide a technical feed to the City's CTV3 local television channel where
information is disseminated via a local fiber feed to Adelphia cable and then out to cable
viewers. Content for City Channel 3 to be determined by the City.
11
9. Complete automation of broadcasting, throughout the opening hours of the particular
10. Venue; this must be no fewer than 7 hours in any 24-hour period.
11. CCN to provide network service installation using ADSL (Broadband).
D. Additional Details Regazding Specifications:
1.Security features
CCN Screens shall dial into central server. They shall not have a fixed IP address
thus reducing the possibility of the system being hacked, further enhancing system
robustness and integrity/security.
2. Emergency messages.
The system shall enable emergency messages to be added/removed within 5 minutes
of an appropriate request following proof sign off during normal business hours. The
format and provision of emergency content to be mutually determined and agreed by
the City and CCN. The parties acknowledge that to comply with such time
requirements for emergency broadcasts, a standard fonn of emergency service
content must be agreed upon by the parties that can be quickly generated and
modified. A dedicated email address shall be available 24/7 for the City and
designated departments to submit the desired emergency message.
Each screen shall dial into the central server facility every 5 minutes and request
content updates so that emergency messages may begin broadcasting no more than 5
minutes following the City approved emergency message being received by CCN in
accordance with the foregoing procedures.
3. Remote system access.
The system shall operate using remote transfer technology and the system shall be
linked to a central timing scheduler, preset to the individual `venue' opening times,
thereby providing complete automation of broadcast times. On and off times of
screens shall be set remotely by CCN control center staff. Should it became
necessary or desirable to switch the system or an individual screen off the time
settings will be altered by CCN control staff to enable switch off to take place.
4. Multi-language capability.
Text overlays shall have the capacity to be broadcast in English, Spanish and
Vietnamese; provided, that the City provides such text overlays in such languages.
The network shall be customized so that content with specific text language overlays
is broadcast only to specific, pre-identified screens, as selected by the City.
5. Ability to play different content on each screen at all times.
The full broadcast program shall run on a continuous loop of up to 30 minutes. The
play-list content shall includes: filmed message `slots', up to 40 FYI (text only)
12
message `slots', public service announcements that may be chosen, and interspersed
with news, weather, and sports.
Each unit shall be independent, permitting scheduling of the master play-list content
to be varied from venue to venue and be scheduled to play relevant messages at
varying times of the day to coincide with tazget audiences within the individual
location.
6. Audit reports.
CCN shall produce audit reports on a quarterly basis that show the amount of time the
system has been down.
7. Real-time viewing of all content and screen operation .
The city shall be provided aweb-based proofing zone giving access to part of the
CCN system. CCN has access to real-time viewing of all content including automatic
notification within 10 minutes of any screen downtime. The City has Internet access
to the details of current content playing, along with content ready to be signed off and
content that has been archived. CCN can supply reports with details of screen down
time.
8. Ability to show streaming video content on City Website via a media player.
The system shall have the ability to show video content on the city website via a
media player. CCN shall provide a player free of charge with the only cost to the city
being "a price per click" of 10 cents each time a visitor to the site downloads up to 30
seconds of video.
9. Complete automation of broadcasting, throughout the opening hours of the
particular venue; this must be no fewer than 7 hours in any 24-hour period,
subject to any power outages or closures of such venue.
The system shall be linked to a central timing scheduler, preset to the individual
`venue' opening times, thereby providing complete automation of broadcast times.
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Schedule "D"
SITE LICENSE AGREEMENT
This Site License Agreement is made by CCN USA CA, LLC ("CCN") and
("Site Manager"), which is the private
owner/operator, or the applicable government agency operating the property located at
(the "Site").
BACKGROUND:
About CCN
CCN is working together in with the City of Santa Ana in the local area to install its
community communication system throughout the City. The community communication
network consists of plasma or LCD screens that are connected to the network through
DSL line connections (the "System"). The purpose of the System is to bring local
information into the heart of local communities -into places where they shop, where they
eat, where they work, where they live. The System will broadcast information which will
include initiatives and achievements of the City, crime prevention advice, youth services,
missing person broadcasts, and public service announcements, in addition to information
about other relevant local services as well as National News, Weather and Sport.
Sites
CCN is seeking suitable locations, both in the public and private sectors, to support this
community initiative -locations which will enable the City's messages to be seen by
large numbers of local people who will also have the opportunity to absorb the
information transmitted. The Site has been suggested as an ideal location for this purpose
and CCN desires to install the System at the Site. The Site Manager desires to support
this initiative and assist CCN and the City in building a stronger, safer, healthier local
community.
AGREEMENT:
1. The Site Manager grants CCN a license to install, maintain, operate and replace
the System at the Site, along with certain connecting equipment (cables, conduits, etc) for
electricity and the DLS connection.
2. All costs to install and maintain the System aze borne by the CCN. CCN pays for
all costs for installing, activating and maintaining the DSL connection, including any
monthly subscriber fees. All installations are in compliance with applicable codes and
regulations and the installation shall be performed in a neat, responsible, and
workmanlike manner, using generally accepted installation standazds. All content
updates are carried out remotely. CCN and/or the City shall have right to remove the
System at any time of so desired due to concerns regazding traffic patterns vandalism or
other reasons.
3. The Site Manager agrees to allow the installation of the System in a to-be-agreed-
uponprime position at the Site. CCN shall have access during reasonable business hours
to the Site to complete the installation. CCN and the Site Manager shall schedule a
mutually acceptable date and time for the installation. The System to be installed at the
Site shall consist of one 42' or 50' plasma or LCD screen, unless otherwise specified on
an addendum attached hereto. The Site Manager, by signing this Agreement, confirms
that it has the necessazy authority to enter into this Agreement and allow the System
installation at the Site.
4. Once the System is installed and connected via DLS to CCN's servers, the Site
Manager will use reasonable efforts to assist CCN and the City to ensure that the System
is not damaged, defaced, stolen, removed or used for any purpose other than that for
which it is installed and that all ownership information which is fixed to the screen
remains intact at all times. The Site Manager will not be required to incur any costs in
connection with this paragraph, but shall simply take ordinary measures during the hours
of the Site's operations to prevent otherwise avoidable damage to, or misuse of the
screen.
5. The Site Manager will allow CCN, or its agents, to install an electrical connection
at the Site to power the system and will provide an uninterrupted electricity supply to the
system which will remain switched on and in the location in which it was originally
installed and with uninterrupted sight to the public.
6. The System shall operate and display content during the times specified by the
City pursuant to its agreement with CCN. Typically, such hours will be the same as the
hours of operation of the Site. The content displayed on the System shall be determined
by the City, may include private sector sponsorship content as determined by the City,
and shall not include any audio transmission, unless otherwise specifically agreed to by
CCN and the Site Manager in writing. The content of the System may also be displayed
in languages other than English, as determined by the City.
7. CCN shall have the right to enter the Site during normal business hours to inspect
the System, and to perform any maintenance or repairs. CCN shall ensure that such
maintenance is performed with minimal disruption to the Site. CCN's rights to maintain
the System at the Site will continue for as long as CCN's agreement with the City,
including any extensions or renewals, with a minimum period of three yeazs.
8. The Site Manager acknowledges that the equipment used in connection with the
System shall at all times remain the property of CCN and/or the City, in accordance with
the agreement between CCN and the City.
SITE MANAGER: CCN USA, CA LLC
By_
Name:
Title:
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~ i OENtHALAGGREGATE ~ S2,000,OOO
~GENLAGGRCGATC LIMB APPLIES PCft
i PRODUCTS-COMPfOP AGG $Z,000,OOO
i]L I POLICY JECT LOG 1
A
UT OUOBILE LIABILITY COMBINED SINGLE LIMIT ~ g
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I ~ OCCUR ~ CLAIMS M40E AGGREGATE $
1 $
XTION $ $
1YORl0?R$CpNPENSATION AND r•
~ TORY LIMITS ER
__,
EMPlDYERS LIABILITY
E. L. EACHACCIDEN-
I$
ANY P0.0PRICTORIPARTNF.RfEXECUTA/E -
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I $
OTHER
DEBCR"PT10N OF OPEguttON61 LOCATIONS I VEHICLE6 / EACLUSNINS ADDED BY ENDORSENENTI3PECW. PROVSIONS
~x`_-.~ City o! Santa Ana, its officers, employees, ageata, and seprasentatzves
axe gamed ee additi.onal insured par the attached Forms to iaCluded primary
and non-contributing.
J
~ ;.,,:a sty ;:uur•:cy
' ..a SLu'tA A113
d3~"w: Santa Asa Hivd., Y200
santa ana, CA 92701
6HOULD ANY OP THE ABOVE OESGWBED POLCIES BE eANCeLLEp 3EFORE THE E%PoRATIC
GATE THEREOF, THEI93UINGINSDRER YRLLGMAIL •IO OAT9 WRITTEN
NOTICE TO THE CERTFlCATE NpLDeR NAMED TO THE LEFT, BUT W IGDpEISHALI
IMPOSE NO OBUGATIpN OR WBII.lTY OF ANT NIND UPON THE INSU RER, ITS AGENTS OR
JUN-OS-200T(TUE) 16:05
F0'_!~YNUMBER: CBP9163216
P 003/OOd
COMMERCIAL GENERAL LIAI3ILITY
CG 20 iC O7 04
T`~1?S ENDORSEMENT CWANGES THE POLICY. PLEASE READ IT CAREFULL`.'.
ADDITIONAL INSURED --OWNERS, LESSEES OR
CONTRACTORS -SCHEDULED PERSON OR
ORGANIZATION
This endorsement motlifies insurance provided under the fallowing:
COMMERCIAL GENERAL LIABILIN COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
THE CITY OF SANTA ANA, ITS OFFICERS,
-""0''C.~ AGENTS AND REPRESENTATIVES
~ 688 YV. SANTA ANA BLVD, #200
SANTA ANA, CA 92701
_„2`I~„
A. Section II -Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) Shown in the Schedule, but only
with respect to liability for "bodily injury", "property
carnage" or "personal and advertising injury"
caused, in whole or in part, hy:
1. Your acts or omissions; or
Z. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additicnal insureds) at the location(s) desig-
nated above.
CG 20 10 07 04 ®ISO Properties, Inc., 2004 Page 1 of 1
Covered
B. With respect to the insurance afforded tc these
additional insureds, the following additional eXClu-
sipn5 apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equip-
ment furnished in connection with such work,
ort the project (other than service, maintenance
or repairs) to be pertormed by or on behalf of
[he additiona! insureds) at the location of the
Covered operations has been completed; or
2. That portion of "your work" out of whi:h the
injury or damage arises has been put tc its in-
tended use by any person or organization other
than another contractor or subcontrad~r en-
gaged in pertorming operations for a principal
as a part of the same project.
Q
,-__-_.Ci;TIE) 16;05
P OOd/DDd
PRIMARY INSURANCE ENDORSEMENT Policy No. CBP8153216
TWIS ENDORSEMENT CHANGES THE POLICY, PLF-.4SE READ IT CAREFULLY
This endorsement modifies the following policy coverage forms:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE FORM
Endorsement No. (If issued after the effective date):
Endorsement Effective: 0512y200T
(N I)'lll AM. $Lllbitl'fMe(
Named Insured: CCN, USA LLC
The insurance provided by this policy for the benefit of the Additional Insured shown in the Schedule shall be
primary Insurance as specifically described in:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001
Section IV Commercial General Llahlllty Conditions,
4. Otherlnsurance
a Primary Insurance
SCHEDULE
game of Person or Organization:
THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES AGENTS AND
REPRESENTATIVES
888 W. SANTA ANA BLVD, #Z00
SANTA ANA, CA 92701
~~~
- x sra 4+~°3TI
CONSENT CALENDAR
AGMT NO. 2006-304 -With DMJM Harris - AECOM in the amount not
to exceed $1,038,800 for widening of First Street Bridge over the
Santa Ana River -Public Warks Agency
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT. NO. 07-045 -Accepting funds in
the amount of $1,150,660 from the California Department of
Transportation (Caltrans} into the Federal Highway Bridge
Replacement Program Fund and appropriating funds to the Select
Street Construction Fund
25.0. AGMT NO. 2006-305 -USE OF MEMORIAL PARK POOL -With the
Santa Ana Unified School District -Parks, Recreation & Community
Services Agency
25. P. AGMT NO. 2006-306 -COMMUNITY MARKETING ANO,;QUTREACH
SYSTEM - Execute a hies-year agreement wdh'CCN USA,<'in an amount
nat:;to exceed,.;,$242;U75 -Parks, Recreation.-: & .Community Services
Agency
Michele Martinez spoke against the approval of this item.
MOTION: Bustamante SECOND: Garcia
VOTE: AYES: Bustamante, Garcia, Pulido, Solorio (4)
NOES: Alvarez, Bist, Christy (3}
ABSTAIN: None (0}
25.Q. AGMT N0. 2006-307 -FEDERAL GRANT PROGRAM CONSULTING
SERVICES -With Mike Linares, Inc. in an amount not to exceed $55,000
- Community Development Agency
25. R. AGMT NO. 2006-308 -VENDOR CART FOR DOWNTOWN -With La
Cart's Mfg. inc. in the amount of $9,000 -Community Development
Agency
25.S. AGMT NO. 2006-309 -LIGHTING AT THE DEPOT -Execute an
amendment with Dekra-Cite in an amount not to exceed $22,000 -
Community Development Agency
CITY COUNCIL MINUTES 379 NOVEMBER 20, 2006
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEDl~ER 20, 2006
TITLE:
AGREEMENT WITH CCN USA TO PROVIDE
A COMMUNITY MARKETING AND OUTREACH
SYSTSM
~ acv ti
CI MANAGER
RECOMMENDED ACTION
CLERK OF GOUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on t'~ Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute a three-year agreement with CCN USA to
provide a 10-screen community marketing and outreach system in an amount
not to exceed $242,075.
DISCIISSION
On February 23, 2006, 19 Requests For Proposals (RFPs} were issued to
video production companies, requesting proposals for a 20-screen
community marketing and outreach system. The RFP specification provided
for the installation, maintenance and operation of 20 plasma screens at
strategic locations throughout the City to market and promote the City's
key attractions, cultural assets and recent accomplishments.
A pre-proposal conference was conducted on March 1, 2006 and five vendors
responded to the RFP. Avidd Electronics, CCN USA, Keycode Media, REO
Digital and TV Magic each submitted proposals for review. A six-member
evaluation committee consisting of representatives from the Police
Department, City Attorney's Office, Community Development and the Parks,
Recreation and Community Services Agency evaluated and rated the five
proposals. The proposals submitted by CCN USA and Keycode Media were most
responsive to the RFP. The committee visited the business offices of CCN
USA and Keycode Media where they viewed the screens and the process for
creating, updating and managing content. In addition, the committee
provided sample Santa Ana program content to CCN USA and Keycode Media
and requested sample 30-minute loops from both vendors.
Both CCN USA and Keycode Media performed well in these areas and were
asked to submit best and final offers for 20-screen and 10-screen
proposals. CCN USA and Keycode Media both submitted responsive,
competitive proposals.
25P-1
Agreement with CCN USA
November 20, 2006
Page 2
The proposals were evaluated based on the vendor's Technical Capacity to
Deliver and Maintain the System, Past Performances, Experience of Firm
and Personnel, and Cost of the Proposal. The evaluation results of the
best and final offers are as follows.
CCN USA Keycode ~ Difference
20 Screen Proposal 518 520 0.39%
10 Screen Proposal 517 526 1.74%
The current available funding for this project is $246,000. The
community marketing and outreach system will provide additional technical
and programming capability to City Channel 3, making it an eligible
expenditure for Adelphia Support funds. The 10-screen proposal submitted
by CCN USA is responsive to the RFP and adequate funds are available to
fund the three-year project, including a 15 percent contingency. Funds
are not available to fund the Keycode Media proposal. The Council
Technology Committee discussed this project, however no action was taken.
The costs of the proposals submitted by CCN USA and Keycode Media are
summarized below.
CCN USA Base Price With 15~ Contingency
20 Screen Proposal 381,000 438,150
10 Screen Proposal 210,500 242,075
Keycode Media
20 Screen Proposal 484,000 556,600
10 Screen Proposal 240,500 276,575
The agreement with CCN USA will include a provision that allows the City
to extend the 10-screen agreement for an additional three-year term, or
expand the agreement to 20 screens, at the current rates plus CPI. The
agreement will also allow for sponsors and advertisements to be
displayed, at the City's discretion, which would help offset the cost of
the system. A critical element of this agreement will be to expand the
reach of the City's government access television found on Channel 3 by
providing that all programming created by CCN USA for the 10 screens can
be telecast on City Channel 3, and programs produced for City Channel 3
can be telecast on the 10 screens. The agreement will further require CCN
USA to be responsible for all aspects of the project including
installation, operation and all areas of maintenance, including
replacement due to vandalism. Other terms of the agreement such as timing
of installation, site selection, and performance standards are set forth
in the RFP and CCN USA's response.
25P-2
Agreement with CCN USA
November 20, 2006
Page 3
FISCAL IMPACT
Funds for this agreement are available in the CATV Capital Support
account (account no. 21-231-various) and the Recreation Special Fees and
Donations account (account no. 22-231-various).
APPROVED AS TO FUNDS AND ACCOUNT:
Gerardo Mouet ~~¢¢..~~Francisco Gutierrez,
Executive Di ector"'-'Executive Director
Parks, Recre tion and `, VV Finance and Management Servicesf,~
Community Services Agency Agency
25P-3
25P-4
A-2006-306
SITE LICENSE AGREEMENT
This Site License Agreement is made by CCN USA CA, LLC ("CCN"), and Knowlwood
Enterprises, Inc. ("Site Mana~er"), which is the private owner/operator, operating the
business located at 210? E. 17t Street, Santa Ana, California 92705 (the "Site").
BACKGROUND:
About CCN
CCN is working together with the City of Santa Ana in the local area to install its
community communication system throughout the City. The community communication
network consists of plasma or LCD screens that are connected to the network through
DSL line connections (the "System"). The purpose of the System is to bring local
information into the heart of local communities -into places where they shop, where they
eat, where they work, where they live. The System will broadcast information which will
include initiatives and achievements of the City, crime prevention advice, youth services,
missing person broadcasts, and public service announcements, in addition to information
about other relevant local services as well as National News, Weather and Sport.
Sites
CCN is seeking suitable locations, both in the public and private sectors, to support this
community initiative -locations which will enable the City's messages to be seen by
large numbers of local people who will also have the opportunity to absorb the
information transmitted. The Site has been suggested as an ideal location for this purpose
and CCN desires to install the System at the Site. The Site Manager desires to support
this initiative and assist CCN and the City in building a stronger, safer, healthier local
community.
AGREEMENT:
1. The Site Manager grants CCN a license to install, maintain, operate and replace
the System at the Site, along with certain connecting equipment (cables, conduits, etc) for
electricity and the DLS connection.
2. All costs to install and maintain the System are borne by CCN. CCN pays for all
costs for installing, activating and maintaining the DSL connection, including any
monthly subscriber fees. All installations are in compliance with applicable codes and
regulations and the installation shall be performed in a neat, responsible, and
workmanlike manner, using generally accepted installation standards. All content
updates are carried out remotely. CCN andlor the City shall have right to remove the
System at any time if so desired due to concerns regarding traffic patterns vandalism or
other reasons. The under-signed representative of CNN, by signing this Agreement,
confirms that he/she has the necessary authority to enter into this Agreement.
3. The Site Manager agrees to allow the installation of the System in a to-be-agreed-
upon prime position at the Site. CCN shall have access during reasonable business hours
to the Site to complete the installation. CCN and the Site Manager shall schedule a
1
mutually acceptable date and t~,~i,~e for the installation. The System to be installed at the
Site shall consist of one 3"~"'plasma or LCD screen, unless otherwise specified on an
addendum attached hereto. The Site Manager, by signing this Agreement, confirms that
it has the necessary authority to enter into this Agreement and allow the System
installation at the Site.
4. Once the System is installed and connected via DSL to CCN's servers, the Site
Manager will use reasonable efforts to assist CCN and the City to ensure that the System
is not damaged, defaced, stolen, removed or used for any purpose other than that for
which it is installed and that all ownership information which is fixed to the screen
remains intact at all times. The Site Manager will not be responsible for the protection of
the system and will not be required to incur any costs in connection with this paragraph,
but shall simply take ordinary measures during the hours of the Site's operations to
prevent otherwise avoidable damage to, or misuse of the screen.
5. The Site Manager will allow CCN, or its agents, to install a standard electrical
outlet near the system if necessary, as determined by paragraph 3, in order to plug in and
power the system that will provide an uninterrupted electricity supply to the system
which will remain switched on.
6. The System shall operate and display content during the times specified by the
City pursuant to its agreement with CCN. Typically, such hours will be the same as the
hours of operation of the Site. The content displayed on the System shall be determined
by the City, may include private sector sponsorship content as determined by the City and
approved by Knowlwood, and shall not include any audio transmission, or any
information that is not acceptable to Knowlwood's customers who are of diverse
backgrounds and beliefs during their enjoyment of their dining and refreshment
experience, or any information that promotes any other food related operations such as
food advertisement, branding, etc. (Knowlwood is a food establishment), (unless
otherwise specifically agreed to by CCN and the Site Manager in writing). The content
of the System may also be displayed in languages other than English, as determined by
the City, and accepted by viewers at the site.
7. CCN shall have the right to enter the Site during normal business hours to inspect
the System, and to perform any maintenance or repairs. CCN shall ensure that such
maintenance is performed with minimal disruption to the Site. This agreement will
terminate three (3) years from the date signed on this agreement as long as CCN's
agreement with the City remains. During the term of this agreement, CCN must maintain
the agreement with the City at all times. The system will be unplugged if the City
terminates the agreement with CCN, and CCN has 30 days to remove the system. CNN
has sixty (60) days before the end of the agreement to inform the Site Manager of its
intention for an extension of the agreement. The site manager has the right to accept or
reject the extension at its own discretion.
8. The Site Manager acknowledges that the equipment used in connection with the
System shall at all times remain the property of CCN and/or the City, in accordance with
the agreement between CCN and the City.
9. The Site Manager has the right to request the removal of the screen at any time.
The Site Manager must provide a written request for removal of the screen with a thirty
(30) day notice.
2
SITE MANAGER:
Name: ~''t-F i~ ~.,'Y1 ~ ~~ ~; `.1 r N~
Title: ~' ~: k- S i .f) C ~V'T
Date: ,~/ -z- 3 ,L C7
CCN USA, CA LLC
B
Na e: C.r~
Title: C9~~i ~5 INIC/L
Date: q- 7 -a~
This agreement is approved by the City of Santa Ana.
CITY OF SANTA ANA:
Bye ~-~-~
Name:
Title: X e ck~{i /e 7~i r`tc-fp~ ~ rks~ /Pec yt:~,~ . S tics "'~~' r~s~
Date: ~Z~/D ~ J
A-2006-306
Schedule "D"
SITE LICENSE AGREEMENT
This Site License Agreement is made by CCN USA CA, LLC ("CCN") and
McDonalds ("Site Manager"), which is the private
owner/operator, or the applicable government agency operating the property located at
(the "Site'.
BACKGROUND:
About CCN
CCN is working together in with the City of Santa Ana in the local area to install its
community communication system throughout the City. The community communication
network consists of plasma or LCD screens that are connected to the network through
DSL line connections (the "System'. The purpose of the System is to bring local
information into the heart of local communities -into places where they shop, where they
eat, where they work, where they live. The System will broadcast information which will
include initiatives and achievements of the City, crime prevention advice, youth services,
missing person broadcasts, and public service announcements, in addition to information
about other relevant local services as well as National News; Weather and Sport.
Sites
CCN is seeking suitable.locations, both in the public and private sectors, to support this
community initiative -locations which will enable the City's messages to be seen by
large numbers of local people who will also have the opportunity to absorb the
information transmitted. The Site has been suggested as an ideal location for this purpose
and CCN desires to install the System at the Site. The Site Manager desires to support
this initiative and assist CCN and the City in building a stronger, safer, healthier local
community.
AGREEMENT:
1. The Site Manager grants CCN a license to install, maintain, operate and replace
the System at the Site, along with certain connecting equipment (cables, conduits, etc) for
electricity and the DLS connection.
2. All costs to install and maintain the System are borne by the CCN. CCN pays for
all costs for installing, activating and maintaining the DSL connection, including any
monthly subscriber fees. All installations are in compliance with applicable codes and
regulations and the installation shall be performed in a neat, responsible, and
workmanlike manner, using generally accepted installation standards. All content
updates are carried out remotely. CCN and/or the City shall have right to remove the
System at any time of so desired due to concerns regarding traffic patterns vandalism or
other reasons.
~i
3. The Site Manager agrees to allow the installation of the System in a to-be-agreed-
uponprime position at the Site. CCN shall have access during reasonable business hours
to the Site to complete the installation. CCN and the Site Manager shall schedule a
mutually acceptable date and time for the installation. The System to be installed at the
Site shall consist of one 42' or 50' plasma or LCD screen, unless otherwise specified on
an addendum attached hereto. The Site Manager, by signing this Agreement, confirms
that it has the necessary authority to enter into this Agreement and allow the System
installation at the Site.
4. Once the System is installed and connected via DLS to CCN's servers, the Site
Manager will use reasonable efforts to assist CCN and the City to ensure that the System
is not damaged, defaced, stolen, removed or used for any purpose other than that for
which it is installed and that all ownership information which is fixed to the screen
remains intact at all times. The Site Manager will not be required to incur any costs in
connection with this paragraph, but shall simply take ordinary measures during the hours
of the Site's operations to prevent otherwise avoidable damage to, or misuse of the
screen.
5. The Site Manager will allow CCN, or its agents, to install an electrical connection
at the Site to power the system and will provide an uninterrupted electricity supply to the
system which will remain switched on and in the location in which it was originally
installed and-with unintem~pted sight to the public.
6. The System shall operate and display content during the times specified by the
City pursuant to its agreement with CCN. Typically, such hours will be the same as the
hours of operation of the Site. The content displayed on the System shall be determined
by the City, may include private sector sponsorship content as determined by the City,
and shall not include any audio transmission, unless otherwise specifically agreed to by
CCN and the Site Manager in writing. The content of the System may also be displayed
in languages other than English, as determined by the City.
7. CCN shall have the right to enter the Site during normal business hours to inspect
the System, and to perform any maintenance or repairs. CCN shall ensure that such
maintenance is performed with minimal disruption to the Site. CCN's rights to maintain
the System at the Site will continue for as long as CCN's agreement with the City,
including any extensions or renewals, with a minimum period of three years.
8. The Site Manager acknowledges that the equipment used in connection with the
System shall at all times remain the property of CCN and/or the City, in accordance with
the agreement between CCN and the City.
CCN USA, CA LLC
U<v S
By
Name.
Title:~~yo~ ~ tu~~ 2
A-2006-306
Schedule "D"
SITE LICENSE AGREEMENT
This Site License Agreement is made by CCN USA CA, LLC ("CCN") and Finance &
Management Services Agenc~_ ("Site Manager"), which is the private
ownerloperator, or the applicable government agency operating the property located at
20 Civic Center Plaza, Santa Ana, CA (the "Site").
BACKGROUND:
About CCN
CCN is working together in with the City of Santa Ana in the local area to install its
community communication system throughout the City. The community communication
network consists of plasma or LCD screens that are connected to the network through
DSL line connections (the "System"). The purpose of the System is to bring local
information into the heart of local communities -into places where they shop, where they
eat, where they work, where they live. The System will broadcast information which will
include initiatives and achievements of the City, crime prevention advice, youth services,
missing person broadcasts, and public service announcements, in addition to information
about other relevant local services as well as National News, Weather and Sport.
Sites
CCN is seeking suitable locations, both in the public and private sectors, to support this
community initiative -locations which will enable the City's messages to be seen by
large numbers of local people who will also have the opportunity to absorb the
information transmitted. The Site has been suggested as an ideal location for this purpose
and CCN desires to install the System at the Site. The Site Manager desires to support
this initiative and assist CCN and the City in building a stronger, safer, healthier local
community.
AGREEMENT:
1. The Site Manager grants CCN a license to install, maintain, operate and replace
the System at the Site, along with certain connecting equipment (cables, conduits, etc) for
electricity and the DLS connection.
2. All costs to install and maintain the System are borne by the CCN. CCN pays for
all costs for installing, activating and maintaining the DSL connection, including any
monthly subscriber fees. All installations are in compliance with applicable codes and
regulations and the installation shall be performed in a neat, responsible, and
workmanlike manner, using generally accepted installation standards. All content
updates are carried out remotely. CCN and/or the City shall have right to remove the
System at any time of so desired due to concerns regarding traffic patterns vandalism or
other reasons.
--
3. The Site Manager agrees to allow the installation of the System in a to-be-agreed-
upon prime position at the Site. CCN shall have access during reasonable business hours
to the Site to complete the installation. CCN and the Site Manager shall schedule a
mutually acceptable date and time for the installation. The System to be installed at the
Site shall consist of one 42' or 50' plasma or LCD screen, unless otherwise specified on
an addendum attached hereto. The Site Manager, by signing this Agreement, confirms
that it has the necessary authority to enter into this Agreement and allow the System
installation at the Site.
4. Once the System is installed and connected via DLS to CCN's servers, the Site
Manager will use reasonable efforts to assist CCN and the City to ensure that the System
is not damaged, defaced, stolen, removed or used for any purpose other than that for
which it is installed and that all ownership information which is fixed to the screen
remains intact at all times. The Site Manager will not be required to incur any costs in
connection with this paragraph, but shall simply take ordinary measures during the hours
of the Site's operations to prevent otherwise avoidable damage to, or misuse of the
screen.
5. The Site Manager will allow CCN, or its agents, to install an electrical connection
at the Site to power the system and will provide an uninterrupted electricity supply to the
system which will remain switched on and in the location in which it was originally
installed and with uninterrupted sight to the public.
6. The System shall operate and display content during the times specified by the
City pursuant to its agreement with CCN. Typically, such hours will be the same as the
hours of operation of the Site. The content displayed on the System shall be determined
by the City, may include private sector sponsorship content as determined by the City,
and shall not include any audio transmission, unless otherwise specifically agreed to by
CCN and the Site Manager in writing. The content of the System may also be displayed
in Languages other than English, as determined by the City.
7. CCN shall have the right to enter the Site during normal business hours to inspect
the System, and to perform any maintenance or repairs. CCN shall ensure that such
maintenance is performed with minimal disruption to the Site. CCN's rights to maintain
the System at the Site will continue for as long as CCN's agreement with the City,
including any extensions or renewals, with a minimum period of three years.
8. The Site Manager acknowledges that the equipment used in connection with the
System shall at all times remain the property of CCN and/or the City, in accordance with
the agreement between CCN and the City.
SITE MANAGER:
Finance & Management Services Agency
BY ~' ~Sls~1~t` , ~~. e
Name: Francisco Gutierrez
Title: Executive Director
CCN USA, CA LLC
By
N
Title:
A-2006-306
Schedule "D"
SITE LICENSE AGREEMENT
This Site License Agreement is made by CCN USA CA, LLC ("CCN") and City of Santa
Ana Santa Ana, California ("Site Manager"), which is the private owner/operator, or the
applicable government agency operating the property located at 1000 East Santa Ana
Boulevard, Santa Ana, California (the "Site").
BACKGROUND:
About CCN
CCN is working together in with the City of Santa Ana in the local area to install its
community communication system throughout the City. The community communication
network consists of plasma or LCD screens that are connected to the network through
DSL line connections (the "System"). The purpose of the System is to bring local
information into the heart of local communities -into places where they shop, where they
eat, where they work, where they live. The System will broadcast information which will
include initiatives and achievements of the City, crime prevention advice, youth services,
missing person broadcasts, and public service announcements, in addition to information
about other relevant local services as well as National News, Weather and Sport.
Sites
CCN is seeking suitable locations, both in the public and private sectors, to support this
community initiative -locations which will enable the City's messages to be seen by
large numbers of local people who will also have the opportunity to absorb the
information transmitted. The Site has been suggested as an ideal location for this purpose
and CCN desires to install the System at the Site. The Site Manager desires to support
this initiative and assist CCN and the City in building a stronger, safer, healthier local
community.
AGREEMENT:
1. The Site Manager grants CCN a license to install, maintain, operate and replace
the System at the Site, along with certain connecting equipment (cables, conduits, etc) for
electricity and the DLS connection.
2. All costs to install and maintain the System are borne by the CCN. CCN pays for
all costs for installing, activating and maintaining the DSL connection, including any
monthly subscriber fees. All installations are in compliance with applicable codes and
regulations and the installation shall be performed in a neat, responsible, and
workmanlike manner, using generally accepted installation standards. All content
updates are carried out remotely. CCN and/or the City shall have right to remove the
System at any time of so desired due to concerns regarding traffic patterns vandalism or
other reasons.
w
3. The Site Manager agrees to allow the installation of the System in a to-be-agreed-
upon prime position at the Site. CCN shall have access during reasonable business hours
to the Site to complete the installation. CCN and the Site Manager shall schedule a
mutually acceptable date and time for the installation. The System to be installed at the
Site shall consist of one 42' or 50' plasma or LCD screen, unless otherwise specified on
an addendum attached hereto. The Site Manager, by signing this Agreement, confirms
that it has the necessary authority to enter into this Agreement and allow the System
installation at the Site.
4. Once the System is installed and connected via DLS to CCN's servers, the Site
Manager will use reasonable efforts to assist CCN and the City to ensure that the System
is not damaged, defaced, stolen, removed or used for any purpose other than that for
which it is installed and that all ownership information which is fixed to the screen
remains intact at all times. The Site Manager will not be required to incur any costs in
connection with this paragraph, but shall simply take ordinary measures during the hours
of the Site's operations to prevent otherwise avoidable damage to, or misuse of the
screen.
S. The Site Manager will allow CCN, or its agents, to install an electrical connection
at the Site to power the system and will provide an uninterrupted electricity supply to the
system which will remain switched on and in the location in which it was originally
installed and with uninterrupted sight to the public.
6. The System shall operate and display content during the times specified by the
City pursuant to its agreement with CCN. Typically, such hours will be the same as the
hours of operation of the Site. The content displayed on the System shall be determined
by the City, may include private sector sponsorship content as determined by the City,
and shall not include any audio transmission, unless otherwise specifically agreed to by
CCN and the Site Manager in writing. The content of the System may also be displayed
in languages other than English, as determined by the City.
7. CCN shall have the right to enter the Site during normal business hours to inspect
the System, and to perform any maintenance or repairs. CCN shall ensure that such
maintenance is performed with minimal disruption to the Site. CCN's rights to maintain
the System at the Site will continue for as long as CCN's agreement with the City,
including any extensions or renewals, with a minimum period of three years.
8. The Site Manager acknowledges that the equipment used in connection with the
System shall at all times remain the property of CCN and/or the City, in accordance with
the agreement between CCN and the City.
SITE MANAGER: CCN USA, CA LLC
By_ ~~. J
Name: Ste hen G. ardin
Title: Deputy Ci Manager
for Development Services
By
Nam ~ i
Title:
Community Development Agency
A-2006-306
Schedule "D"
SITE LICENSE AGREEMENT
This Site License Agreement is made by CCN USA CA, LLC ("CCN") and
s ~» t h WA s t S te- ~P n t P r ("Site Manager"), which is the private
owner/operator, or the applicable government agency operating the property located at
2201 W. McFadden (the "Site").
Santa Ana, CA 92704
BACKGROUND:
About CCN
CCN is working together in with the City of Santa Ana in the local area to install its
community communication system throughout the City. The community communication
network consists of plasma or LCD screens that are connected to the network through
DSL line connections (the "System"). The purpose of the System is to bring local
information into the heart of local communities -into places where they shop, where they
eat, where they work, where they live. The System will broadcast information which will
include initiatives and achievements of the City, crime prevention advice, youth services,
missing person broadcasts, and public service announcements, in addition to information
about other relevant local services as well as National News, Weather and Sport.
Sites
CCN is seeking suitable locations, both in the public and private sectors, to support this
community initiative -locations which will enable the City's messages to be seen by
large numbers of local people who will also have the opportunity to absorb the
information transmitted. The Site has been suggested as an ideal location for this purpose
and CCN desires to install the System at the Site. The Site Manager desires to support
this initiative and assist CCN and the City in building a stronger, safer, healthier local
community.
AGREEMENT:
1. The Site Manager grants CCN a license to install, maintain, operate and replace
the System at the Site, along with certain connecting equipment (cables, conduits, etc) for
electricity and the DLS connection.
2. All costs to install and maintain the System are borne by the CCN. CCN pays for
all costs for installing, activating and maintaining the DSL connection, including any
monthly subscriber fees. All installations are in compliance with applicable codes and
regulations and the installation shall be performed in a neat, responsible, and
workmanlike manner, using generally accepted installation standards. All content
updates are carried out remotely. CCN and/or the City shall have right to remove the
System at any time of so desired due to concerns regarding traffic patterns vandalism or
other reasons.
3. The Site Manager agrees to allow the installation of the System in a to-be-agreed-
upon prime position at the Site. CCN shall have access during reasonable business hours
to the Site to complete the installation. CCN and the Site Manager shall schedule a
mutually acceptable date and time for the installation. The System to be installed at the
Site shall consist of one 42' or 50' plasma or LCD screen, unless otherwise specified on
an addendum attached hereto. The Site Manager, by signing this Agreement, confirms
that it has the necessary authority to enter into this Agreement and allow the System
installation at the Site.
4. Once the System is installed and connected via DLS to CCN's servers, the Site
Manager will use reasonable efforts to assist CCN and the City to ensure that the System
is not damaged, defaced, stolen, removed or used for any purpose other than that for
which it is installed and that all ownership information which is fixed to the screen
remains intact at all times. The Site Manager will not be required to incur any costs in
connection with this paragraph, but shall simply take ordinary measures during the hours
of the Site's operations to prevent otherwise avoidable damage to, or misuse of the
screen.
5. The Site Manager will allow CCN, or its agents, to install an electrical connection
at the Site to power the system and will provide an uninterrupted electricity supply to the
system which will remain switched on and in the location in which it was originally
installed and with uninterrupted sight to the public.
6. The System shall operate and display content during the times specified by the
City pursuant to its agreement with CCN. Typically, such hours will be the same as the
hours of operation of the Site. The content displayed on the System shall be determined
by the City, may include private sector sponsorship content as determined by the City,
and shall not include any audio transmission, unless otherwise specifically agreed to by
CCN and the Site Manager in writing. The content of the System may also be displayed
in languages other than English, as determined by the City.
7. CCN shall have the right to enter the Site during normal business hours to inspect
the System, and to perform any maintenance or repairs. CCN shall ensure that such
maintenance is performed with minimal disruption to the Site. CCN's rights to maintain
the System at the Site will continue for as long as CCN's agreement with the City,
including any extensions or renewals, with a minimum period of three years.
8. The Site Manager acknowledges that the equipment used in connection with the
System shall at all times remain the property of CCN and/or the City, in accordance with
the agreement between CCN and the City.
SITE MANAGER:
By u~ v~
Name: 6e rA yr o o ~'o -1-
Title: ~ jt e c ~,, -~-; J e 'D ~ re c-h.-,~
(arks, tE'ec_. q- G;,~m- Syt~~~2.~cy
CCN US CA LLC
By
Name: f di. Fn AR-~ .e ~vp ,v.~ 2
Title:
05I08l2Q08 10:30 FAX
••
i
o~
May 8, 2008
City of Santa Ana
20 Civic Center Plaza
Sang Ana. CA 92702
Dear City of Santa Az~a:
0 001/001
Z~'n f~`~ -~3 A~~ la 37
~.+~.. ~_:.. , 4 ~ 3
CCN USA
31103 Rafich4 Viei4 Rd #DZ10Z
San Juan Capistrano. [a. 92675
Tel: 949 250 8990
F'a7c: 949 250.8917
This is to inform you that our mailing address changed,
Please send all correspondence to CCN USA 31143 Ranoho Vieja Rd #D2142 San Juan
Capistrano, Ca. 92675.
Best regards,
Jennifer Ripley
Operations Manager
CCN USA
OP ID G9
ACORD CERTIFICATE OF LIABILITY INSURANCE ~~S_1 DATE(MM/DDlYYYY)
l0 07 oa
PROOUCt:R
Dealer Protection Ina . Svcs .
License #OC77432
28202 Cabot Raad, Ste 500 THIS CERTIF[CATE 1S ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERT{FICATE DOES NOT AMENb, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICEES BELOW.
Laguna Niguel CA 92677-1251
Phone:949-365-5152 Faa:949-276-1025
INSURERS AFFORDING COVERAGE
NAIG#
INSURED INSURERA wldon saglo xnauranae corp. 10836
INSURER B:
(,'Q}' tJ~j
T
•T.C. INSURER C:
y
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sCA 92614irc1e, #1OO
IB
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n 1NSURERD:
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e INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIDO INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHK:H THIS CERTIFICATE MAY 8E ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIE6 DESCRIBED HEREEN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIDNS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OFIN5URANCE POLICY NUMBER DATE MMIDD DATE M1UD LIMA
GENERAL LIABILITY EACH OCCURRENCE 51. OOO OOO
A X X CDMMERCIALGENERALLIABILITY CBP8153216 05/25/08 05/25/09 PREMISES(~oa~urence) 5100,000
CLAIMS MADE ~ OCCUR MED EXP {Any ane person) 5 5 000
PERSONAL ttADV INJURY S 1, 000, OOO
GENERALAGGREGATE S 2 OOO OOO
GEN'LAGGREGATELIMITAPPLIESPEft PRODUCTS-COMPfOPAGG 52,000 OOO
X POLICY jE~ LOC
AUT 011OBILE LIABILITY
COMBINED SINGLE LIMIT
ANY AlfTO
-
(Ea accident} . S
ALL OWNED AUTOS BODILY INJURY
SCHEOULEDAUTOS (Perperson} S
HIRED AUTOS
BODILY INJURY
S
NON-0WNED AllfOS _ (Per accident)
PROPER'1YOAMAGE
_
(Per accident) S
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S
ANY AUTO OTHER THAN EA ACC 5
AUTO ONLY: AGG S
DCCESSIUMSRELLA LIABILITY EACH OCCURRENCE S
OCCUR ~ CLAIMS MADE AGGREGATE S
S
DEDUCTIBLE S
~
RETENTION S i S
WORKERS COJAPENSATION AND
' '~- Ee ~~, / TORY LIMITS ER
EMPLOYERS
WIBILITY
ANYPROPRIETOR/PARTNERlEXECUTIVE -
~-~/
EL EACH ACCIDENT
5
OFFICERIMEMBER EXCLUDE67 EL DISEASE - EA EMPLOYEE S
dyes, describe under
SPECIAL PROVISIONS 6elaw Y
E.L DISEASE -POLICY LIMIT
5
OTHER
DESCRIPTION OF OPERATIONS f LOCATIONS / VEHICLES! DICLUSlONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS
The City of Santa Ana, its Officers, Tmployees, agents, and representatives
are named as addional inenred per form GECG 602 attached.
CERTIFICATE HOLDER CANCELLATION
City of Santa Ana
88B W. Santa Ana HLVD
Santa Ana 92701
25 (2001108)
SHOULD ANY OF THE ABOVE DESCRIBED POlJC1E5 8E CANCELLED HEFORETHE EXPIRATION
DgTE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
IMPOSE NO OBLIGATION OR lJAB1l.ITY OF ANY KIND UPON THE INSURER, ITSAGENTS OR
REPRESENTATNES.
AUTHORED REPRESIi#JTATNE
Jason Winzen
7988
COMME .CIAL LIABILITY GOLD ENDL,r2SEMENT
THIS ENDORSEMENT GI-IANGES THE POLICY. PLEASE READ IT CAREFllLLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SECTION I -COVERAGES
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
2. Exclusions
Item 2.g. 2) is replaced with the following:
2.g. 2) A watercraft you do not own that is:
aj less than 50 feet long; and
bj Not being used to carry persons or property for a charge.
Item 2.g. 6) is added:
6) An aircraft in which you have no ownership interest and that you have chartered wi#h
crew.
The lasf paragraph of 2 Exclusions is replaced with fhe following:
Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to
premises while rented to you, temporarily occupied by you with the permission of the owner, or managed
by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as
described in Section lit -Limits of Insurance.
SECTION I -COVERAGES
COVERAGE C. MEDICAL PAYMENTS
if Medical Payments Coverage is provided under this policy, the following is changed:
3. Limits
The medical expense limit provided by this policy shall be the greater of:
a. X10,000; or
b. The amount shown in the declarations.
Coverage C. Medical Payments is primary and not contributing with any other insurance, even if that other
insurance is also primary.
The following is added:
COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES
Insuring Agreement
We will pay "product recall notification expenses" incurred by you for the withdrawal of your products,
provided that:
a. Such withdrawal is required because of a determination by you during the policy period, that the use
or consumption of your products could result in "bodily injury" or "property damage"; and
b. The "product recall notification expenses" are incurred and reported to us during the policy period.
The most we wil[ pay for "product recall notification expenses" during the policy period is $100,000.
GECG 642 {09!04}
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Page 1 of 5
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i
SUPPLEMENTARY PAYMkrJTS - COVERAGES A AND B
Item b. and d. are replaced with:
b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use
of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish
these bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the inves#igation or
defense of the claim or "suit" including actual loss of earnings up to $500 a day because of time
off from work.
SECTION II -WHO IS AN INSURED
!tern 4. is replaced with:
4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the
policy period over which you maintain a controlling interest of greater than 50% of the stock or assets,
will qualify as a Named Insured if:
a) you have the responsibility of placing insurance for such entity; and
b) coverage far the entity is not otherwise more specifically provided; and
c) the entity is incorporated or organized under the laws of the united States of America.
However; coverage under this provision does not apply to "bodily injury" or "property damage" that
occurred before you acquired or formed the entity, or "personal injury" or "advertising injury" arising
out of an offense committed before you acquired or formed the entity.
Coverage under this provision is afforded only until the end of the policy period, or the twelve (12)
month anniversary of the policy inception date whichever is earlier.
SECTION III -LIMITS OF INSURANCE
Paragraph 2 is amended to include:
The General Aggregate Limit of Insurance applies separately to each "location" owned by you, rented to
you, or occupied by you with the permission of the owner.
Paragraph 6. is replaced with the fol/owing:
6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A far damages
because of "property damage" to premises while rented to you, temporarily occupied by you with
permission of the owner, or managed by you under a written agreement with the owner, arising out of
any one fire, explosion or sprinkler leakage incident.
The Fire Damage Limit provided by this policy shall be the greater of:
a. $500,000. or
b. The amount shown in the Declarations.
SECTION iV -COMMERCIAL GENERAL LIABILITY CONDITIONS
Item 2. a.is replaced with:
2. Duties In The Event of Occurrence, Offense, Clafm or Suit
a. You must promptly notify us. Your duty to promptly notify us is effective when any of your
executive officers, partners, members, or legal representatives is aware of the "occurrence",
offense, claim, or "suit". Knowledge of an "occurrence", offense, claim or "suit" by other employee(s)
does not imply you also have such knowledge. To the extent possible, notice to us should include:
1) How, when and where the "occurrence" or offense took place;
2) The names and addresses of any injured persons and witnesses; and
3) The nature and location of any injury or damage arising out of the "occurrence", offense, claim
or "suit".
Includes copyrighted material of Insurance Services Offices inc. with ils permission.
GECG 602 (09!04) Page 2 of 5
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!t?m 4. h. 71 b} is rP.nlared with:
b. Excess Insurance
1)b)That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you,
temporarily occupied by you with permission of the owner, or managed by you under a written
agreement with the owner, or
ltem 6. is amended to include:
6. Representations
d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we
will not deny coverage under this Coverage Part because of such failure. However, this provision
does not affect our right to collect additional premium or exercise our right of cancellation or non-
renewal.
Item &. is replaced with:
8. Transfer of Rights Of Recovery Against Others To Us
a. if the insured has rights to recover all or part of any payment we have made under this Coverage
Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At
our request, the insured will bring suitor transfer those rights to us and help us enforce them.
b. If required by a written "insured contract", we waive any right of recovery we may have against
any person or organization because of payments we make for injury or damage arising out of your
ongoing operations or "your work" done under that written "insured contract" for that person or
organization and included in the °products-completed operations hazard".
ltem 10. and item 91. are added:
10. Cancellation Condition
If we cancel this policy for any reason other than nonpayment of premium we wilt mail or deliver
written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of
cancellation.
11. Liberalization
if we adopt a change in our forms or rules which would broaden your coverage without an extra
charge, the broader coverage will apply to this policy. This extension is effective upon the approval of
such broader coverage in your state.
SECTION V -DEFINITIONS
The following definitions are added or changed:
9. "Insured contract"
a. !s changed to:
a. A contract for a lease of premises. However, chat portion of the contract for a tease of premises
that indemnifies any person or organization for damage by tire, explosion or sprinkler leakage to
premises while rented to you, or temporarily occupied by you with permission of the owner, or
managed by you under a written agreement with the owner is not an "insured contract`.
23 and 24 are added:
23. "Location" means premises involving the same or connecting lots, or premises whose connection is
interrupted only by a street, roadway, waterway or right-of-way of a railroad.
24. "Product recall notification expenses" means the reasonable additional expenses (including, but not
Limited to, cost of correspondence, newspaper and magazine adver#ising, radio or television
announcements and transportation cost), necessarily incurred in arranging for the return of products,
but excluding costs ofi the replacement products and the cash value of the damaged products.
Includes copyrighted material or insurance Services Offices lnc. with its permission.
GECG 1102 (09!44) Page 3 of 5
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The.following Provisions are also added to this Coverage Part:
A. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT
~. Paragraph 2, under SECTION II -WHO ES AN INSURED is amended to include as an insured any person
or organization when you and such person or organization have agreed in writing in a contract, agreement
or permit that such person or organization be added as an additional insured on your policy to provide
insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any
notices that we are required to send to the Named Insured and is an additional insured only with respect
to liability arising out of:
a. Your ongoing operations performed for that person or organization; or
b. Premises or facilities owned or used by you.
With respect to provision 1.a. above, a person's or organization's status as an insured under this
endorsement ends when your operations for that person or organization are completed.
With respect to provision 1.b. above, a person's or organization's status as an insured under this
endorsement ends when their contract or agreement with you for such premises or facilities ends.
2. This endorsement provision A. does not apply:
a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the
"bodily injury", "property damage" or "personal and advertising injury";
b. To "bodily injury" or "property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, in the
project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insureds) at the site of the covered operations has been completed; or
(2) That portion of "your work" out of which the injury or damage arises has been put to its intended
use by any person or organization other than another contractor or subcontractor engaged in
performing operations for a principal as a part of the same project;
c. To the rendering of or failure to render any professional services including, but not limited to, any
professional architectural, engineering or surveying services such as:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or drawings and specifications; and
(2) Supervisory, inspection, architectural or engineering activities;
d. To "bodily injury", "property damage" or "personal and advertising injury" arising out of any act, error or
omission that results from the additional insured's sole negligence or wrongdoing;
e. To any person or organization included as an insured under provision B. of this endorsement;
f. To any person or organization included as an insured by a separate additional insured endorsement
issued by us and made a part of this policy.
B. ADDITIONAL INSURED -VENDORS
Paragraph 2. under SECTION fl -WHO IS AN INSURED is amended to include as an insured any person or
organization (referred to below as "vendor"} with wham you agreed, in a written contract or agreement to
provide insurance such as is afforded under this policy, but only with respect to "bodily injury" or "property
damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's
business, subject to the following additional exclusions:
1. The insurance afforded the vendor does not apply to:
a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the
assumption of liability in a contract or agreement. This exclusion does not apply to liability for
damages that the vendor would have in the absence of the contract or agreement;
b. Any express warranty unauthorized by you;
c. Any physical or chemical change in the product made intentionally by the vendor;
Includes copyrighted material of Insurance Services Offices Inc. with Its permission.
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d. Repackaging, uniess ~~npacked sniel;~ for the pLrpncP of inspection, demonstration, .testing, or
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to
make or normally undertakes to make in the course of business, in connection with the distribution or
sale of the products;
f. Demonstration, installation, servicing or repair operations, except such opera#ions performed at the
vendor's premises in connection with the sale of the product;
g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a
container, part or ingredient of any other thing or substance by or far the vendor; or
h. To "bodily injury" or "property damage" arising out of any act, error or omission that results from the
additional insured's sole negligence or wrongdoing.
2. This insurance does not apply to any insured person or organization, from whom you have acquired such
products, or any ingredient, part or container, entering into, accompanying or containing such products.
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A14~~.NDMENT OF COVERAGE B rERSONAL
AND ADVERTISING INJURY LIABILITY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
I. The Definition of "Advertisement" at paragraph 1 of Section V -Definitions is replaced by the following:
1. "Advertisement" dissemination at information or images to the general public for the purpose of inducing
the sale of your goods, products or services through:
(1) Radio;
(2} Television;
(3} Billboard;
(4) Magazine;
(5) Newspaper;
(G) the Internet; or
(7} "Your Web Site"
However, "advertisement" does not include the design, printed material, information or images contained
in, on or upon the pacEcaging or labeling of any goods or products.
If. Sub section g. in the Definition of "Personal and Advertising Injury" at paragraph 14 of Section V -Definitions
is replaced with the following:
g. Infringing upon another's copyright or slogan in your "advertisement".
ili. The following Definition of "Your Web Site" is added to Section V -Definitions as Paragraph 23:
23. "Your Web Site" means a web page or set of interconnected web pages prepared and maintained by you
or on your behalf, that is accessible over the Internet.
Inc]udes copyrighted rnateriaf of Insurance Services Offices Inc. with ils permission.
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