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HomeMy Public PortalAbout09-7426 Telvue for Opa-TV Programming . Sponsored by: City Manager RESOLUTION NO. 09-7426 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A CONTRACT RENEWAL WITH TELVUE FOR OPA-TV PROGRAMMING AND RELATED SERVICES, FOR A PERIOD OF THREE (3) YEARS, AT A TOTAL COST OF SEVEN THOUSAND NINE HUNDRED FIFTY DOLLARS ($7,950.00), PAYABLE FROM ACCOUNT NO. 14-512646 WHEREAS, the City of Opa-locka ("City") has contracted with Telvue for the daily programming of OPATV; and WHEREAS, TelVue has provided excellent level of support and services to the City in the daily programming of OPATV; and WHEREAS, TelVue's service allows OPATV staff to post City-related information in OPATV, automatically play Public Service Announcements (PSA) without doing expensive media conversions, show local I-95 traffic cameras, and provide traffic news and local weather updates; and WHEREAS, the contract with TelVue has expired and the City Manager is recommending that the City retain TelVue as the service provider for the City; and WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City Manager to renew the contract with TelVue for OPATV. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to enter into and execute a contract renewal with TelVue for OPATV programming and Resolution No. 09-7426 related services, for a period of three (3) years, at a total cost of Seven Thousand Nine Hundred Fifty Dollars ($7,950.00), in a contract form acceptable to the City Attorney, payable from Account No. 14-512646. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11 day of FEBRUARY , 2009. I EPH . LLEY MAYO ' Attest: Approved as to form and legal sufficiency: --'i ebora . Irby Burnadette Norris-Weeks City Clerk City Attorney Moved by: JOHNSON Seconded by: H01-MPS Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: NOT PRESENT Mayor Kelley: YES TO: Joseph 1. Kelley, Mayor Mayra Taylor, Vice Mayor Dorothy Johnson, Commissioner Timothy Holmes, Commissioner Rose Tydus, Commissioner FROM: Bryan K. Fi City .'ager RE: Renewal of Telvue Info Channel Designer contract for OPATV DATE: January 26, 2009 REQUEST: Management is requesting renewal of a 3 year contract with Telvue for a total amount of seven thousand nine hundred and fifty dollars ($7,950.00) for OPATV Info Channel Designer services. Renewal of Telvue contract will allow OPATV to continue city related information, news, and traffic and weather information in a professional manner. DESCRIPTION: The City of Opa-locka has utilized Telvue Info Channel Designer over the last 3 years at no cost to the City as per previous contract agreement. The Info Channel Designer allows OPATV staff to post city related information on OPATV, automatically play Public Service Announcements (PSA) without doing expensive media conversions, show local I-95 traffic cameras and traffic news, and local weather forecast. FINANCIAL IMPACT: Account 14-512646 Computer Equipment LEGISLATIVE HISTORY: Resolution 06-6962 and 07-7084 IMPLEMENTATION TIME LINE: Telvue Info Channel currently in use. ATTACHMENTS: Telvue Contract, Telvue Customers, Resolution 06-6962, Resolution 07- 7084 RECOMMENDATION: Staff recommends that the City Commission approves the renewal of Telvue contract in order to continue OPATV professional level of service. E Lvij TELVUE CORPORATION 16000 HORIZON WAY. SUITE 500 MT. LAUREL. NJ 08054 TURN IT OW ACCESS CHANNEL SERVICE AND SUPPORT AGREEMENT (TelVue WEBUSe Agreement) This Access Channel Service and Support Agreement("Agreement")is made and entered into as of the day of ,20 , by and between TelVue Corporation,a Delaware corporation with its principal place of business at 16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054("TelVue"), and City of Opa-Locka, a FL municipality, public access channel or school district with its principal place of administration located at 777 Sharazad Blvd., Opa-Locka, FL 33054("Customer"). WHEREAS, A. TelVue has developed a proprietary hardware and software solution(the "System", as further described herein)to assist municipalities, school districts and others in remotely organizing, updating and maintaining the content of their cable television access channel(s); and B. Customer desires to have TelVue supply the System and its TelVue WEBUSe Service(the System and WEBUSe Service collectively,the"Services"),TelVue desires to supply the Services to Customer for its video channel as identified in Exhibit A. NOW,THEREFORE, in consideration of the premises set forth above and the mutual covenants contained herein, and intending to be legally bound hereby, TelVue and Customer agree as follows: 1) Provision of Services. a) There shall be a start-up fee and nominal monthly charge by TelVue to Customer for Services(including Hardware Implementation Services as shown on Exhibit D and Monthly Services as shown on Exhibit E), and the License, all as defined herein for the term of this Agreement. b) During the term hereof, Customer shall have a license to use the Services solely in connection with the designated access channel(s)("License"), The Services will remain at all times the property of TelVue, and nothing herein shall be deemed to grant to Customer any right, tide or interest in or to the Services, or any portion thereof, other than the License detailed in Exhibit B. c) Customer may not give, sell, lease, assign copy, sublicense or otherwise transfer, in whole or in part, this Agreement, the License, the Services, other Tel materials,or any licenses or rights granted hereunder, except as approved by TelVue in writing. 2) Customer Obligations. a) Customer shall appoint a Coordinator to act as liaison between Customer and TelVue. If there is equipment to be located at the Customer location, Customer shall provide and maintain a suitable installation site for such equipment, and shall provide all necessary electrical, cable and modem connections to such location(s). Customer hereby represents and warrants to TelVue that the Customer Environment will meet or exceed the minimum requirements for same set forth on Exhibit C hereto. Except as otherwise provided herein, Customer shall be responsible for making any necessary modifications to the Customer Environment, including without limitation all firewalls,proxy servers and other hardware and software, necessary to access or use the Services. b) The License granted hereunder is for the object code version of the Services and TelVue-Provided Content only. Customer has no rights to the source code for the Services or the TelVue-Provided Content. Customer shall not permit anyone under Customer's direction or control to, reverse engineer, disassemble, de-compile or remove any identifying mark of TelVue or its Licensors from the Services or the TelVue- Provided Content or attempt to do so. Customer may not modify, adapt, translate or create derivative works of the Services or the TelVue-Provided Content without TelVue's express written consent. The Services are licensed as a single product. TelVue-Provided Content may be used only in conjunction with the Services. c) Customer shall be solely responsible for all content supplied by Customer. Customer represents and warrants to TelVue that such content will not violate or infringe any copyright,patent,trademark, trade secret, confidentiality or other proprietary right of any third party. d) Customer hereby represents and warrants to Tel Vue as follows: (i)Customer has the full power and authority to make, execute, deliver and perform this Agreement, and such execution, delivery and performance have been duly authorized by all necessary action on the part of Customer; (ii)the execution, delivery and performance of this Agreement by Customer does not contravene or conflict with, or constitute a breach of, any agreement to which Customer is a party. 12001.05 Rev.8/8/08 P - eoO.885.8836 F - 856.866.74 I I www.TELVUE.cam —Acces?Channel.Service-and SupportAg ,ent...._._....................._.._....._......__..................._... ..__........_._..............._.. by and between TelVue Corporation and City of Opa-Locka 2 of 6 3) Trademark and Customer Content License. a) Customer hereby grants TelVue a license to use and modify content supplied by Customer as necessary or appropriate in performing the Services hereunder and/or in marketing and advertising materials describing the Services. 4) Implementation and Monthly Services. a) In connection with establishing connectivity to the Services, TelVue shall provide Customer the implementation,training and other services set forth on Exhibit D hereto(collectively, the "Implementation Services")and on a monthly basis, services as set forth in Exhibit E(collectively, Monthly Services). 5) Contracted Services. a) During the term of this Agreement, TelVue may be requested by Customer to furnish support services outside the contracted services. Any services requested by Customer and provided by TelVue outside the scope of the Contracted Services shall be billable on a time and materials basis at TelVue's then current rates. 6) Fees:Payment. a) Customer shall pay TelVue the start-up charge("Start-up Charge")and monthly service fee("Service Fees")set forth on Exhibit A. TelVue may increase the fees for TelVue-Provided Content and Third Party Software to the extent that its Licensors raise their fees to Tel Vue upon no less than thirty(30)days'prior written notice to the Customer. If these increases exceed ten percent(10%)of the then current Service Fees, the Customer may choose to delete the TelVue-Provided Content or Third Party Software,as applicable. b) Except as otherwise expressly provided herein or in Exhibit A, Customer shall pay all Fees within thirty (30)days after the date of TelVue's invoice therefore. Service Fees are invoiced quarterly in advance. TelVue reserves the right to begin charging Customer Service Fees if the Service does not launch within one hundred twenty(120)days of the date hereof through no fault of TelVue. c) Any sum not paid by Customer when due shall bear interest until paid at a rate of one and one-half percent (1.5%)per month(eighteen percent(18%)per annum), or the maximum rate permitted by law, whichever is less. Customer shall be responsible for the costs, including without limitation, attorneys' fees and court costs, incurred by TelVue in connection with TelVue's collection of any past-due amounts under this Agreement. Customer shall bear and be solely responsible for the payment of all taxes levied or assessed in connection with the License,the Services and/or this Agreement, if any, including without limitation, all sales, use, rental receipt,personal property, import and Monthly or other taxes(but excluding taxes based solely upon TelVue's income). d) In addition to any other remedy available to it, TelVue may suspend or terminate the Services, in whole or in part, upon Customer's failure to timely pay the Service Fees, without liability to Customer or others. 7) Term and Termination. a) The initial term of this Agreement shall be for three(3)years commencing on the launch date of the Service (the "Initial Term"). b) Notwithstanding, this Agreement may be terminated as follows: i) By either party, in the event of a material breach hereof by the other party, which breach remains uncured thirty(30)days after written notice thereof is given to the breaching party;or ii) By TelVue, in whole or in part, immediately if TelVue ceases providing the Services to its Customers generally. 8) Proprietary Rights;Confidentiality. a) As between TelVue and Customer, TelVue and its Licensors shall own all right, title and interest(including without limitation all Proprietary Rights)in and to the Services and the Tel Content and all components, reproductions, modifications or derivative works thereof, in whole or in part. b) Customer acknowledges and agrees that the Services shall constitute Confidential Information of TelVue for all purposes hereof. Confidential Information shall not include any information which(i)is or becomes available to the public other than as the consequence of a breach of any obligation of confidentiality; (ii)is actually known to or in the possession of Recipient without any limitation on use or disclosure prior to receipt from Disclosing Party; (iii)is rightfully received from a third party in possession of such information 15000 HORIZON W.sr. SuIvG 500, Mr. LAUREL. NJ 0805-. 8/1 P - 800.885.8885 F - 558.S66.74 1 I .uvvvJ.T ELVUE.cc,-s 12001.05 Rev.8/8108 .. Access Channel Service and Support Ag. ent by and between TelVue Corporation and City of Opa-Locka 3 of 6 who is not under obligation to the Disclosing Party not to disclose the information;or(iv)is independently developed by Recipient without access to the Confidential Information. 9) Limited Warranty. a) TelVue will use commercially reasonable efforts to correct any error or defect in the Services(each,an "Error"), provided that Customer timely reports such Error to TelVue in writing and assists TelVue in documenting or replicating such Error. In the event that TelVue determines that any reported Error was not caused by the Services, but was the result of a cause within Customer's control,TelVue shall be entitled to reimbursement from Customer for time and materials expended by TelVue in identifying and rectifying such Error. 10) Indemnification. a) TelVue shall defend, indemnify and hold Customer harmless from and against any and all claims(including any claim or action brought by Customer's cable television operator), liabilities, damages, demands, penalties and expenses (including, without limitation, court costs and attorneys' fees)arising out of or in connection with (a)access to and/or use of the Services by TelVue or the Tel Content, (b)any claim that the Services or Tel Vue-Provided Content infringes on the Proprietary Rights of any Third Party, or(c)any breach by TelVue of any representation,warranty or covenant of TelVue hereunder. Customer shall, to the same extent,defend,indemnify, and hold TelVue harmless from any use of the Services by Customer. b) TelVue does not warrant that operation of the Services shall be uninterrupted,error free or that TelVue will be able to correct all Errors. To the extent that data is being transmitted over the Internet hereunder, Customer aclalowledges that TelVue has no control over the functioning of the Internet and TelVue makes no representations or warranties of any kind regarding the performance of the Internet. TelVue has no responsibility for the accuracy, appropriateness, continuity or availability of Tel Content. 11) Miscellaneous. a) This Agreement is made under and shall be governed by as construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have,by their duly authorized representatives, executed this Agreement as of the date first above-written. TELVUE CORPORATION("TelVue"): CITY OF OPA-LOCKA("Customer"): Joseph Murphy, President&CEO Name Signed Name&Title Primed Date Date EXHIBIT LIST A. CHANNEL AND FEES B. HARDWARE AND SOFTWARE C. MINIMUM REQUIREMENTS OF CUSTO4IER ENVIRONMENT D. IMPLE■IENTATION SERVICES E. MONTHLY SERVICES I6000 HcRizo , WAY. SUITr 500. M . LAUREL. NJ 08054 F - 800.855.8856 F - 856.8cF.`=+I ! www.TELVUE.c014 12001.05 Rev.8/8/08 Access Channel Service and Support Ag ent by and between TelVue Corporation and Cary of Opa-Locka 4of6 E\HIBIT A CHANNEL&FEES CHANNEL Channel Number: 77 Access Type: Government Cable Operator: Comcast Exclusive or(shared with): Exclusive FEES Start-Up Charge: S750 Monthly Service Fee: 5200 Billing Information Address: Attention: Purchase Order or File#: ['Quarterly Billing or DAnnual Billing Ia000 HORIZGt4 WAY. SUITE SOO. MT. LAUREL. NJ 08054 F - 800.885.8856 F - _,5 6.8GB.74 I I www.TELVUE.cor.e 12001.05 Rev.8/8/08 Access Channel Service and Support A6 tent by and between TelVue Corporation and City of Opa-Locka 5 of 6 EXHIBIT B HARDWARE AND SOFTWARE • TelVue WEBUS®provided video/audio switching hardware will be installed on the feed to the Cable System Operator for recognizing the switching between the TelVue WEBUS®Feed and alternate sources of video and for the interruption of programming in the event of an urgent emergency. • TelVue Princeton Digital Server equipment capable of"playing to air"proprietary multi-media program screens,long form digital video,video clips,as well as video text messages originated from remote locations. • Information Screens(screens that contain programming codes that will display a multi-media presentation that can contain: Photographic backgrounds,foreground photographic images,text,animations,voice-over narration,short digital video clips). • Design and production of video screen templates comprised of photographic background,logos and text. Some containing voice over announcements describing their contents. • Remote access capability for updating video text message pages using TelVue's proprietary Internet-based WEBUS®system. Users can post text community announcements or trusted users can generate emergency announcements. . Local emergency screens and related WEBUS®connectivity. • School emergency closing screens and related WEBUS®connectivity. • Weather screens that can be updated remotely from a weather service to be provided as part of the monthly support program. • Local traffic conditions screen that can be updated from local traffic cameras(if the data is available in your area). . Scans of photographs for production of templates and program wheel. • Full motion,video-based station breaks and channel IDs. . Audio library of screen setups and generic announcements. . Firewall device for installation on High-Speed Internet access connection. EXHIBIT C MINIMUM REQUIREMENTS WHEN INSTALLED AT CUSTOMER'S LOCATION Site Preparation: . Secure,adequate desktop or equipment rack space(minimum 4 RU),in an environmentally controlled space,to accommodate the WEBUS®Media Player within 100 feet of the Cable Operator-supplied Channel Modulator. . Uninterruptible AC power source to accommodate up to a quantity of 4, 115 volt-20 amp receptacles. . An operational High-Speed Internet Access connection(minimum 768K down, 128K up or better),with an 1P address,and open access to the Internet so that TelVue may install its Firewall/VPN equipment. . Calibrated Video Signal for each channel(s)supplied from the serving Cable Operator's Channel Modulator. • Customer extends a coax cable connection from the Channel Modulator,and a Category 5,Se or 6 network connection from a High-Speed Access demarcation,each not to exceed 100 feet,and each to terminate where the TelVue supplied equipment will be located. . Minimum of one WEBUS®capable desktop or laptop including a compatible web browser such as a modern version of Internet Explorer,FireFox,Safari. . A site survey conducted by TelVue personnel or their agents may determine that more minimum requirements may be required, based on the Customer's facility. Implementation Phase: . Access to and support from technically proficient individuals familiar with the Cable Operator Channel Modulator connectivity and the Customer managed WAN and LAN connectivity during the Implementation Phase. . Minimum of one Customer-designated individual for the training and WEBUS®testing. 16000 HoRizoN WAY. SUITE 500. MT. LAUREL. NJ 05054 12001.05 Rev.8/8/08d' P - 800.555.85.86 F - 55`..680.741 I www.TELVUE.cois Access Channel Service and Support Ag ent by and between TelVue Corporation and City of Opa-Locka 6 of 6 ExH>Brr D IMPLEMENTATION SERVICES TelVue shall implement within days of the execution of this Agreement or by 20 ,whichever is later,complete system capable of activation on the customer's Cable Access Channel,and include the following features: • Installation of the software for the designated contract. • Setup of content for the initial program wheel. • Convert Forty(40)photographs for template backgrounds provided by Customer. • Develop up to Twelve(12)category Template for WEBUSe Screens. . Create One(I)local Emergency Alert Templates with"Instant Insertion". . Setup of One(1)school closing screens with"Instant Insertion". . Production of up to Two(2)full motion video-based station break channel ID from video provided by Customer. • Setup of a series of weather screens that can be updated remotely from a weather service to be provided as part of the monthly support program. . Setup of local traffic condition screens that can be updated from FLDOT(if the data is available from them). • Setup for one administrator and up to Twenty(20)users(either"trusted"or"moderated"in any combination Customer selects). Users can post text community announcements or trusted users can generate emergency announcements. . Development of Network Content Templates. EXHIBIT E MONTHLY SERVICES During the term of this Agreement,TelVue will provide to the Customer in consideration for the monthly service fee: Monthly Services Include: . Access to the WEBUS1 Media Player. . Emergency equipment replacement or repair. . Twenty-four hour,seven days a week remote health monitoring of TelVue equipment with the ability to diagnose hardware and software problems. . Distribution and scheduling management of up to Three Hundred(300)total channel screens. . Delivery of TelVue formatted information and programming from third-party governmental and educational sources. . Production of up to Two(2)"highly produced"screens(photos,video clips,headlines,animations,graphics and audio voiceover)for special events,from materials and copy provided by Customer,or superuser status. WEBUS''`superuser status allows users to create their own High Production Screens. . As needed Program Wheel Screen Position adjustments. . Weather forecasting licensing service to run on the weather screen. . ReaI Time Traffic(if available). . TelVue County,State&Federal Network(if available). . PSA-Public Service Announcements. 16000 HGRF?or4 WAVY. SUITE 500. MT. L AUPEL. NJ 08054 12001.05 Rev.8008 P - 800.865.688e F - 650.866., 4i I www.TELVUE.com TelVue WEBUS®customers • Absecon,NJ • Allen,TX • Annapolis, MD • Apopka, FL • Aston Twp. ,PA • Avalon Foundation,MD • Baltimore, MD • Barrington, NJ • Belleville School District, NJ • Berlin Borough,NJ • BHPP, NJ • Bonyton Beach, FL • Borough of Highland Park,NJ • Borough of Oakland,NJ • Bowie, MD • Brick Twp, NJ • Bristol,PA • Brookdale Community College, NJ • Brookline,MA • Bucks County, PA • Caldwell, NJ • Camey's Point, NJ • Carroll Township,PA • Cedar Grove High School,NJ • CentraCom Interactive, UT • Cheltenham Twp, NJ • Chester City, PA • City of Dover, DE • City of Newark, DE • City of Port Townsend,WA • City of Sanford, NC • City of Tukwila,WA • City of Weston, FL • Clifton,NJ • Coatesville, PA • Collingswood, NJ • Concord,CA • Concord, MA • Darby Borough, PA • Deer Park,TX • Delaware County, PA • Doral, FL • Doylestown, PA • East Lansdowne, PA • East Rochester Village, NY • Easton Utilities, MD • Egg-Harbor City,NJ • Electric City TV,PA • Evesham Twp, NJ • Ewing Township, NJ • Fauquier,VA • Florence Township, NJ • Franciscan Oaks, NJ • Franklin Township, NJ • Fullerton College,CA • G.C.I.T, NJ • Gainesville, FL • Galloway Twp, NJ • Glenolden, PA • Gloucester County,VA • Hackensack, NJ • Haddon Heights,NJ • Haddonfield, NJ • Hamilton Twp, NJ • Harvey Cedars, NJ • Haverford Twp,PA • Hillsdale, NJ • Hopewell Twp, NJ • lrondequoit, NY • Kirkland,WA K-Gov 21,WA • Kirkland,WA K-Life 75,WA • Lacey Twp School District, NJ • Lake Park,FL • Lake Port Square, FL • Lawnside, NJ • Long Beach,NJ • Long Hill Twp, NJ • Longport, NJ • Lower Southampton Twp, PA • Mainland Reg.,NJ • Manchester Regional High School District, NJ • Manchester Twp, NJ • Maple Shade, NJ • Marcus Hook, PA • Margate,NJ • Marple Township,PA • Media Boro,PA • Metuchen, NJ • Miami Springs, FL • Middletown Twp,PA • Milltown, NJ • Montclair, NJ • Morrisville School District,PA • Mountainside Borough, NJ • New Carrollton, MD • New Hope,PA • Newark School District,NJ • Newtown Township, PA • North Bay Village, FL • North Hunterdon, NJ • Norton, MA • Oaklyn, NJ • Ocean City, NJ • Ocean Twp, NJ • Opa Locka,FL • Orange City School District, NJ • Palisades, PA • Paterson, NJ • Penfield, NY • Pennsauken Township,NJ • People TV,Atlanta, GA • Philadelphia,PA • Phoenixville School District, PA • Pitman,NJ • Plymouth Township,PA • Pottsville, PA • Rahway, NJ • Rancho Palos Verdes,CA • Rancocas Valley Reg.School District,NJ • Regency Oaks, FL • Rialto City, CA • Ridley Park Borough, PA • Ridley Twp, PA • Rochester City School District, NY • Rochester City,NY • Roselle Borough,NJ • Roselle Park,NJ • Saddle Brook Twp, NJ • San Bernardino, CA • Seattle Community Access Network,WA • South Hunterdon, NJ • South Orange-Maplewood, NJ • South Port Square,FL • South River, NJ • Sussex Community College, NJ • Tarpon Springs, FL • The Evergreens, NJ • Tinicum,PA • Toms River High School East, NJ • Township of Hillsborough,NJ • Tullytown Borough,PA • University of La Verne,CA • Upper Chichester,PA • Upper Darby School District, PA • Upper Dublin, PA • Upper Makefield,PA • Upper Moreland,PA • Vacaville,CA • Ventnor,NJ • Wallingford,CT • Wallingford-Swarthmore S.D, PA • Warminster,PA • Washington Twp,NJ • Watertown, MA • West Springfield, MA • Westfield, NJ • Wilbraham, MA • William Penn School District, PA • Wilmington, DE • Wissahickon, PA • Woodbridge, NJ • Yeadon,PA Sponsored by: City Manager Resolution No. 06-6 9 6 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A LETTER OF INTENT WITH TELVUE VIRTUAL TELEVISION NETWORKS (TVTN) TO PROVIDE INFORMATIVE PROGRAMMING FOR OPA-TV WHEREAS, TVTN has submitted a proposal to the City of Opa-locka to provide cable access services to the residents which will be more informative to include traffic and weather updates, amber alerts and current program set-up; and WHEREAS, the letter of intent is subject to negotiation of a definitive agreement based substantially on the terms contained in the proposal attached herewith. NOW, THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission hereby authorizes the City Manger to enter into a letter of intent with TVTN to explore the opportunity of making OPA-TV more informative for city residents by providing traffic and weather updates, amber alerts in addition to current program set- up. PASSED AND ADOPTED this 1 3 day of SEPTEMBER , 2006. MAYOR? Resolution No: 06-6962 Attest to: Approved as to form and legal sufficiency: JoefAirir CITY CLERK CI Y - TO v 95o� DAT Moved by: COMMISSIONER JOHNSON Second by: VICE MAYOR PINDER Commission Vote: 5-0 Commissioner Tydus: YES Commissioner Holmes: YES Commissioner Johnson: YES Vice-Mayor Pinder: YES Mayor Kelley: YES Resolution/Letter of intent with TVTN-OPA-TV-9-06 August 14, 2006 Jannie Beverly, City Manager Opa-Locka 777 Sharazad Blvd. Opa-Locka, FL 33054 Dear Ms. Beverly, Thank you for the opportunity to present the TelVue Virtual Television Network (TVTN) service and provide this proposal. For your consideration TVTN proposes the following start-up and ongoing Cable Access Channel services: INITIAL SYSTEM IMPLEMENTATION-$12,000 Start-up/$500 Monthly Hardware • State of the art multimedia player (the TVTN Media Player) installed at your designated site with integration to existing playback and switching equipment. • Testing and live cutover including Netscreen Firewall, Virtual Private Network (VPN) and creation of WEBUS`m Architecture. • Three year maintenance and warranty including necessary software/hardware upgrades and repair/replacement of the TVTN Media Player. Software • Software installation and testing Multi-Media Production Quantity • Design program wheel • Create and record professional Audio Announcement library 25 • Scan and store photographs for template (screen) background library 25 • Create category bumper screens with audio 10 • Create full motion video station ID's 2 • Create local Emergency Alert screens with "Instant Insertion" including School Closings, Homeland Security and others 4 2/3/05 TVTN SERVICE PROPOSAL Page 2 Administration and Training • Set-up and configure WEBUStm server,Administrator and users 5 • WEBUStm users training and manuals 4 MONTHLY SERVICE FEE AND SUPPORT Screen Capacity • WEBUStm screens 200 • High Production Capable screens 20 • Network Content screens Unlimited • Authorized WEBUStm Users 5 Multi-media Production and Program Scheduling • High Production Screens or Superuser status 4 per month • Program Wheel Screen position Adjustments As Needed Channel Management Services • Network Monitoring(24x7x365) • Software license and as needed updates • Use of WEBUStm server • Off-site content Back-up Network Content Screens • Real time localized weather • Real time traffic reports (where available) • PSA—Public Service Announcements WEBUSt'n • Virtual network connectivity with the TVTN Media Player via a secure internet connection to various town locations such as Police Stations, Fire House, Schools etc. 2/3/05 TVTN SERVICE PROPOSAL Page 3 Your organization will need to provide the TVTN Media Player with a full-time high speed Internet connection with a static IP address. For the Twenty First Century TVTN is truly"the way you see your town." This proposal is valid for 90 days. However,if your organization agrees to purchase the access channel services described above within 30 days of the date of this proposal,TVTN will agree to have the TVTN service operational on your channel within 60 days upon receipt of a signed contract. Provision of the services described in this proposal is subject to negotiation of a definitive agreement(s) for same on substantially the terms contained in this proposal. Accepted by: Accepted by: TelVue Virtual Television Networks Opa-Locka, FL Signature Date Signature Date Print Name Print Name Title Title gi 2/3/05 "THE GREAT CITY " U OQp•LOCk4 APA°g&d E GZA z• 0A Jannie R. Beverly p°R"1 305-953-2821 City Manager 305-953-2823 Fax: 305-953-2870 May 29, 2007 Thomas Scotton Telvue Corporation (TVTN) 16000 Horizon Way, Suite 500 Mt. Laurel, NJ 08054 Re: Access Channel Service and Support Agreement Mr. Scotton: Enclosed please find a copy of resolution #07-7084 approved by the Commission and the original Access Channel Service and Support Agreement with the City of Opa-locka. Please sign and forward the executed agreement for our records. Sincerely, ‘ikudu annie R. Beverly City Manager Enclosures: Resolution #07-7084 TVTN Service and Support Agreement JRB:kp CITY HALL•780 FISHERMAN STREET, OPA-LOCKA, FLORIDA 33054• (305)688-4611 •SUITE 335 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP Sponsored by: City Manager Resolution No. 07_7084 A RESOLUTION OF THE CITY COMMISSION OF TH.E CITY OF OPA-LOCKA,FLORIDA AUTHORIZNG THE CITY MANAGER TO ENTER INTO AND EXECUTE AN ACCESS CHANNEL SERVICE AND SUPPORT AGREEMENT WITH TELVUE VIRTUAL TELEVISION NETWORKS FOR OPA-TV, IN SUBSTANTIALLY THE FORM ATTACHED HERETO WHEREAS, TelVue Corporation •has developed a proprietary system to assist municipalities in updating and maintaining the content of their access channels; and WHEREAS, the City of Opa-Locka wishes to have TelVue supply its system for an initial two (2) year period at no charge to the City; and WHEREAS, the City shall only be required to pay TelVue if TelVue determines that revenue from sponsorships are insufficient to cover normal charges for services. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: • Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Manager is hereby authorized to enter into and execute an access channel service and support agreement with TelVue Virtual Television Networks for OPA-TV, in substantially the form attached hereto. Resolution No. 0 7—7 0 8 4 PASSED AND ADOPTED this 9 day of MAY , 2007. /--)7,a,-4 MA'' OR Attest to: Approved as to form and legal sufficiency: t4rfaii5 •_i /4 CITY CLERK CIT A 'AVTirir DA Moved by: COMMISSIONER HOLMES Second by: COMMISSIONER TYDUS Commission Vote: 3-0 Commissioner Tydus: YES Commissioner Holmes: YES Vice-Mayor Johnson: NOT PRESENT Mayor Kelley: YES • • C:\Documents and Settings\user\Desktop\Resolutions\Agreement with TelVue Virtual TV Networks.doc --, 1 i s ;∎f�tit�l�1�1i gl' GlifTN SRI TelVue Virtual Television Networks ACCESS CHANNEL SERVICE AND SUPPORT AGREEMENT (Sponsorship) This Access Channel Service and Support Agreement (Sponsorship) ("Agreement") is made and entered into as of the_day of , 20__, by and between TelVue Corporation, a Delaware corporation with its principal place of business at 16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054 ("TelVue"), and City of Opa-locka, a Flordia municipality , with its principal place of administration located at 777 Sarazad Blvd., Opa-Locka, FL 33054 ("Customer"). WHEREAS, A. TelVue has developed.a proprietary system (the"System", as further defined herein) to assist municipalities, school districts and others in remotely organizing, updating and maintaining the content of their cable television access channel(s); and B. Customer desires to have TelVue supply the System and its TelVue Virtual Television Network Service (together, the "Services"), and TelVue desires to supply the Services to Customer at no charge to Customer for an initial two (2)- year period; and C. TelVue and Customer believe that the costs of the Services may be supplied to TelVue through sponsorships ("Sponsorships") by third party sponsors (each, a "Sponsor") to be carried on customer's access channel(s) as part of the Services. NOW, THEREFORE, in consideration of the premises set forth above • and the mutual covenants contained herein, and intending to be legally bound hereby, TelVue and Customer agree as follows: 1) Provision of Services. a) There shall be no charge by TelVue to Customer for the Services for the first two (2) years of this Agreement. Thereafter, a charge for the Services may be made, but only if TelVue determines that revenues from Sponsorships are insufficient to cover its normal charges for the Services, and Customer agrees to pay for the Services, all as more fully provided hereafter in this Agreement. 11906 by and between I el Vue Corporation and the CITY OF OPA-LOCKA 2 of 15 b) During the term hereof, Customer shall have a license to use the Services solely in connection with the designated access channel(s) ("License"). The Services will remain at all times the property of TelVue, and nothing herein shall be deemed to grant to Customer any right, title or interest in or to the Services, or any portion thereof, other that the License. c) Customer may not give, sell, lease, assign copy, sublicense or otherwise transfer, in whole or in part, this Agreement, the License, the Services, other Tel materials, or any licenses or rights granted hereunder, except as approved by TelVue in writing. 2) Customer Obligations. a) Customer shall provide TelVue with access to Customer's technical personnel, facilities, systems, databases and information as necessary or appropriate for TelVue to perform its obligations under this Agreement. b) Customer shall appoint a Coordinator to act as liaison between Customer and TelVue. If there is equipment to be located at the Customer location, Customer shall provide and maintain a suitable installation site for such equipment, and shall provide all necessary electrical, cable and modem connections to such location(s). Except as otherwise expressly provided herein, Customer and its users shall have sole responsibility for acquiring and maintaining their own technology environment, including without limitation PC's, laptops, operating systems, servers, Internet access, local area networks and wide area networks (collectively, the "Customer Environment"). Customer hereby represents and warrants to TelVue that the Customer Environment will meet or exceed the minimum requirements for same set forth on Exhibit C hereto. Except as otherwise provided herein, Customer shall be responsible for making any necessary modifications to the Customer Environment, including without limitation all firewalls, proxy servers and other hardware and software, necessary to access or use the System. 119117 1 7,::(1 1:, 'i lU ld �_ I'.?1 1:uJ t'1! !1k:; _:1 Tr--: -1 °:i F;; . Fax by and between TelVue Corporation and the CITY OF OPA-LOCKA 3 of 15 c) The License granted hereunder is for the object code version of the Software and Tel Content only. Customer has no rights to the source code for the Software or the Tel Content. Customer shall not permit anyone under Customer's direction or control to, reverse engineer, disassemble, de-compile or remove any identifying mark of TelVue or its Licensors from the Software or the Tel Content or attempt to do so. Customer may not modify, adapt, translate or create derivative works of the Software or the Tel Content without TelVue's express written consent. The System is licensed as a single product. The Software and the Tel Content may be used only in conjunction with the System. d) Customer shall be solely responsible for all content supplied by Customer. Customer represents and warrants to TelVue that such content will not violate or infringe any copyright, patent, trademark, trade secret, confidentiality or other proprietary right of any third part. e) Customer hereby represents and warrants to TelVue as follows: (i) Customer has the full power and authority to make, execute, deliver and perform this Agreement, and such execution, delivery and performance have been duly authorized by all necessary action on the part of Customer; (ii) the execution, delivery and performance of this Agreement by Customer does not contravene or conflict with, or constitute a breach of, any agreement to which Customer is a party. 3) Trademark and Customer Content License. a) Customer hereby grants TelVue a license to use and modify content supplied by Customer as necessary or appropriate in performing the Services hereunder and/or in marketing and advertising materials describing the Services. 4) Implementation, Value-Added and Additional Services. a) In connection with establishing connectivity to the System, TelVue shall provide Customer the implementation, installation,training and other services set forth on Exhibit D hereto (collectively, the "Implementation Services"). b) From time-to-time during the term hereof, Customer may desire to have TelVue perform certain additional services ("Additional Services"). TelVue shall perform such Additional Services as agreed in writing by the parties subject to the terms and conditions hereof. 1 1907 fi::i.r, I +ri;,?n :' . 111.11.3 5'',. �d: I ;u; r- I;t :;:art 1E' -1.tf.:.0:'r j , Fox-1._`:r�._; by and between TelVue Corporation and the CITY OF OPA-LOCKA 4 of 15 5) Support Services. a) During the term of this Agreement, TelVue will furnish Customer support services in connection with the Software (the "Support Services") in accordance with TelVue's then-current support policies and procedures. Any services requested by Customer and provided by TelVue outside the scope of the Support Services shall be billable on a time and materials basis at TelVue's then-current rates. 6) Sponsorship Services. a) TelVue shall have the exclusive rights to sell Sponsorships to be carried on the access channel(s) that carries the Services. Sponsorships shall be strictly limited to those Sponsors that qualify under the guidelines of the Public Broadcasting stations as shown on Exhibit G. All fees paid for the Sponsorships shall be paid to TelVue. Customer shall not invoice for or collect Sponsorship fees, and shall promptly (but in any event within five(5) days after receipt) remit to TelVue any Sponsorship fees received by Customer. b) From time to time a Corporate Sponsor may conduct or support a local event and may wish to notify the public about these events. Customer agrees to approve and air such announcements. 7) Term and Termination. a) The initial term of this Agreement shall be for five (5) years commencing on the launch date of the Service (the"Initial Term"). Thereafter, this Agreement shall automatically renew for addition one (1) year period(each a "Renewal Term") unless and until either party notifies the other in writing of its intention not to renew this Agreement not less than ninety(90) days prior to the expiration of the Initial Term or any then-current Renewal Term, as applicable. b) Notwithstanding, this Agreement may be terminated as follows: i) The intent of the parties is that the Services will be provided with no charge to Customer and supported by Sponsorship revenues received by TelVue and no charge shall be made to Customer for the Services for the first two (2) years of this Agreement. However, if at any time after the first two (2) years of this Agreement TelVue determines that Sponsorship revenue is insufficient to cover its normal charge for the Services supplied Customer, TelVue may, by ninety (90)-days' prior II907 1,1111. =�ti Mi I ar.-, r•17 rit-;;: Ir .1 E,,z nr,.?i - i` °' `>;; F,14-1.15L 6.;3C..1 I by and. between Tel Corporation and the CITY OF OPA-LOCKA 5 of 15 written notice, provide Customer with the option of paying fees specified by TelVue for continuation of the Services or terminate the Agreement. Failure of Customer to respond to the option within the ninety (90)-day period shall be deemed to be an election by Customer to continue the Agreement and pay the specified fees for the Services. ii) By either party, in the event of a material breach hereof by the other party, which breach remains uncured thirty (30) days after written notice thereof is given to the breaching party; or iii) By TelVue, in whole or in part, immediately if TelVue ceases providing the Services to its customers generally. 8) Proprietary Rights; Confidentiality. a) As between TelVue and Customer, TelVue and its Licensors shall own all right, title and interest (including without limitation all Proprietary Rights) in and to the System and the Tel Content and all components, reproductions, modifications or derivative works thereof, in whole or in part. b) Customer acknowledges and agrees that the Software shall constitute Confidential Information of TelVue for all purposes hereof. Confidential Information shall not include any information which (i) is or becomes available to the public other than as the consequence of a breach of any obligation of confidentiality; (ii) is actually known to or in the possession of Recipient without any limitation on use or disclosure prior to receipt from Disclosing Party' (iii) is rightfully received from a third party in possession of such information who is not under obligation to the Disclosing Party not to disclose the information; or (iv) is independently developed by Recipient without access to the Confidential Information. 9) Limited Warranty. a) TelVue will use commercially reasonable efforts to correct any error or defect in the Services (each, an "Error"), provided that Customer timely reports such Error to TelVue in writing and assists TelVue in documenting or replicating such Error. In the event that TelVue determines that any reported Error was not caused by the Services, but was the result of a cause within Customer's control, TeIVue shall be entitled to reimbursement from Customer for time and materials expended by TelVue in identifying and rectifying such Error. b) TelVue does not warrant that operation of the Services shall be uninterrupted, error free or that TelVue will be able to correct all Errors. To the extent that data is being transmitted over the Internet hereunder, Customer acknowledges 11907 1- 1711-,I .�ri.';r .:a. .u;l_ _�� 111 i :u: r t-1! Tr! —1.8.C1 Fsu:-1.'616..13E•: 7.1I I .. ... by and between TelVue Corporation and the CITY OF OPA-LOCKA 6 of 15 that TelVue has no control over the functioning of the Internet and TelVue • makes no representations or warranties of any kind regarding the performance of the Internet. TelVue has no responsibility for the accuracy, appropriateness, continuity or availability of TelVue-Provided Content. 10) Indemnification. a) TelVue shall defend, indemnify and hold Customer harmless from and against any and all claims (including any claim or action brought by Customer's cable television operator), liabilities, damages, demands, penalties and expenses (including, without limitation, court costs and attorneys' fees) arising out of or in connection with (a) access to and/or use of the System by TelVue or the TelVue-Provided Content, including Sponsorships, (b) any claim that the System infringes on the Proprietary Rights of any Third Party, or(c) any breach by TelVue of any representation, warranty or covenant of TelVue hereunder. Customer shall, to the same extent, defend, indemnify, and hold TelVue harmless from any use of the System by Customer. 11) Miscellaneous. a) This Agreement is made under and shall be governed by construed in accordance with the laws of the States of New Jersey. IN WITNESS WHEREOF, the parties hereto have,by their duly authorized representatives, executed this Agreement as of the date first above-written. TELVUE CORPORATION ("TelVue"): CITY OF OPA-LOCKA("Customer"): By: By: Title: Title: Q, \AO ( eh." Date: Date: . t 1' (O II907 Ii, il;!1 :ri,--r, .'� ^!II tti'I 1:ii r•.l alt>; 1� 1.c�!.`fi i—1:?`< q�ti;. Fax-}._ili..a_: i By and between TelVue Corporation and the CITY OF OPA-LOCKA 6a of 15 CITY OF OPA-LOCKA Attest to: Approved as to form and legal sufficiency: ( Ai • t //). iii ///� torah S. 'y A. •u,if o �- ►1 City Cler City At orne by and between TelVtie Corporation and the CITY OF OPA-LOCKA 7f 15 Exhibit List: A. Channel B. Hardware and Software C. Minimum Requirements of Customer Environment D. Implementation Services E. Value-Added Services F. Fees G. TVTN Sponsorship Guidelines 11907 I 5E-D, 1-•: 1 NI 1*, SS5 Pax-1.7.';t5.Se75 7.1: I by and between Tel Corporation and the CITY OF OPA-LOCKA 8 of 15 • Exhibit A Channel • Channel Number: 77 • Access Type: Government • Cable Operator: Comcast • Exclusive or (shared with): Exclusive 11907 y. JIL re. I ;up,- 3 4 I e-■ -1 :0.;F;E.7;"VT ; t Fax-1. by and between Tel Corporation and the CITY OF OPA-LOCKA 9 of 15 Exhibit B Hardware and Software (Sponsorship Model) • Switching Hardware will be installed on the feed to the Cable Operator for recognizing the switching between the TVTN Feed and alternate sources of video, so that Sponsor Acknowledgment verification can be performed. • Equipment capable of"playing proprietary multi-media program screens and digital video movies, as well as receive text messages from remote locations and display those messages. • Information Screens (screens that contain programming codes that will display a multi- media presentation that can contain: Photographic backgrounds, foreground photographic images, text, animations, voice-over narration, short digital video clips.) • Design and production of video screen templates comprised of photographic background, logos and text. Some containing voice over announcements describing their contents. • Remote access capability for updating text message pages using TVTN's proprietary Internet based WEBUSR system. Users can post text community announcements or trusted users can generate emergency announcements. • Local emergency screens and related WEBUSR connectivity. • School emergency closing screens and related WEBUSR connectivity. • Weather screens that can be updated remotely from a weather service to be provided as part of the monthly support program. • Local traffic conditions screen that can be updated from local traffic cameras (if the data is available in your area). • Store and archive video (MPEG) on the TVTN Media Player. • Contain a program wheel. • Scans of photographs for production of templates and program wheel. • Full motion video based station breaks and channel IDs. • Audio library of screen setups and generic announcements. • Firewall device for installation on High-Speed Internet access connection. 11907 ':.L111=52.D. m t-1 i 111-1;: i r' —V ; ut Fax- _ by and between TelVue Corporation and the CITY OF OPA-LOCKA 10 of 15 Exhibit C Minimum Requirements When Installed at Customer's Location Site Preparation: • Secure, adequate desktop or equipment rack space(minimum 4 U), in an environmentally controlled space, to accommodate the TVTN Media Player within 100 feet of the Cable Operator supplied Channel Modulator. • Uninterruptible AC power source to accommodate up to a quantity of 4, 115 volt-20 amp receptacles • An operational High-Speed Internet Access connection(minimum 768K down, 128K up or better), with an IP address, and open access to the Internet so that TelVue may install its Firewall/VPN equipment. • Calibrated Video Signal for each channel(s) supplied from the serving Cable Operator's Channel Modulator. • Customer extends a coax cable connection from the Channel Modulator, and a Category 5, 5e or 6 network connection from a High-Speed Access demarcation, each not to exceed 100 feet, and each to terminate where the TVTN supplied Media Player will be located. • Minimum of one WEBUSR capable desktop or laptop. • A site survey conducted by TVTN personnel or their agents may determine that more minimum requirements may be required, based on the customer's facility. Implementation Phase: • Access to and support from technically proficient individuals familiar with the Cable Operator Channel Modulator connectivity and the customer managed WAN and LAN connectivity during the Implementation Phase. • Minimum of one customer-designated individual for the on-site training and WEBUSR testing. II907 I I:CInf., -'':ri;-'n '`:a'.' 'cud= r.'- Fnx-1.::`_:o.5t:c; 7.1 I V.•... • by and between TelVue Corporation and the CITY OF OPA-LOCTZA 11 of 15 Exhibit D Implementation Services TelVue shall implement within days of the execution of this agreement or by 20 , whichever is later, complete system capable of activation on the customer's Cable Access Channel, and includes the following features. • Installation and use of the hardware and software for the designated contract. • Setup of content for the initial program wheel. • Convert twenty five (25) photographs for template background provided by customer • Develop up to Eight (8) category Templates for WEBUSR Screens. • Create up to two (2) local Emergency Alert Templates with"Instant Insertion". • Setup of school closing screens one (1) with "Instant Insertion". • Production of up to two (2) full motion video based station break channel ID. From video provided by Customer. • Setup of a series of Weather screens that can be updated remotely from a weather service to be provided as part of the monthly support program. • Setup of local traffic condition screen that can be updated from FLDOT (if the data is available from them). • Setup for one administrator and up to ten (10) users (either"trusted" or "moderated" in any combination Customer selects). Users can post text community announcements or trusted users can generate emergency announcements. • Development of Network Content Templates. 11907 I 1,•:%T. 1-••7:r y tiail.� `_• t;'? I :u; ' t',(t c u-;: : icr- -'t_::0. E`; r.i -1 :74: 1 by and. between TelVue Cornoration and the CITY OF OPA-LOCVA 12 of 15 Exhibit E Value-added Services During the term of this agreement, TelVue will provide to the customer in consideration for the monthly support fee: Monthly Services Include: • Use of the TVTN Media Player. • Maintenance and repair of all TVTN provided equipment and software at Installed location. • Emergency equipment replacement or repair. • Twenty-four hour, seven-days a week remote monitoring of TVTN equipment with the ability to diagnose hardware and software problems, repair them and reboot the player. • Distribution and scheduling management of up to one hundred twenty five total channel screens. • Delivery of TVTN formatted information and programming from third party governmental and educational sources. • Production of up to four(4) "highly produced" screens (Photos, video clips, headlines, animations, graphics and audio voiceover) for special events, from materials and copy provided by Customer, or Superuser status. TVTN superuser status allows a user to create their own High Production Screens. • As needed Program Wheel Screen Position adjustments. • Up to two (2) Video Conversion (:30 seconds per conversion). • Weather forecasting licensing service to run on the weather screen. • Real Time Traffic (if available). • TVTN County, State & Federal Network(if available). • PS A-Public Service Announcements. 11907 r.47,0;-:' !-'ri ':n '^:'�y volt = f.?t I 1r-; -7 o ^r,- ' by and between TelVue Corvoration and the CITY OF OPA-LOr"A 13 of 15 Exhibit F Fees (First two years waived under Sponsorship Plan) Start-Up Charge: $12,000.00 Monthly Service Fee: $1,000.00 Billing Information Address: Attention: Purchase Order or File#: o Quarterly Billing or 0 Annual Billing 11907 l) II-. r . - .0 . SL-D, I N : Fax I by and between TelVue Corporation and the CITY OF OPA-LOCVA 14 of 15 Exhibit G TVTN Sponsorship Guidelines In order to meet non-commercial requirements TVTN has set out guidelines that are followed Public Broadcasting Stations: Sponsorship Acknowledgment Guidelines (PBS-like): Permissible: Name of product(s) and/or service(s) 1. Up to :15 seconds of acknowledgement 2. Name of product(s) and/or service(s) 3. Company location 4. Number of years in business 5. E-mail address or website(preferably visually depicted) 6. Telephone number 7. Non-promotional, value-neutral descriptions of products or services 8. Use of well-known mottos or slogans that are non-promotional in nature 9. Signature music or appropriate sound effects as a means of enhancing visual and voice- over that are non-promotional in nature Non-Permissible: 1. Overt promotion of products or services 2. Price reference 3. Call to action or inducement to buy 4. Comparative or qualitative descriptions of products or services 5. Third-party reviews (from newspapers, magazines, etc.) 11907 :ri,.7:r1 _i u1.2 =y=. i':': I a,.•,- fdl '1 '_ .�.5 lr E::7J..'-:!?i F6!-N=: . Pax-1.;!;`;:6.$E'3; - I by and between TelVue Corporation and the CITY OF OPA-LOCKA 15 of 15 Standards and Practices: Sponsorships will not be accepted from the following: 1. Liquor stores or bars or other establishments whose primary business is the sale of alcohol. (Restaurants that serve alcohol excluded, provided alcohol is not mentioned in the acknowledgement). 2. Any manufacturer or distributor of beer, alcohol or tobacco. 3. Any entity that promotes the use or sale of illegal drugs or drug paraphernalia. 4. Adult bookstores, adult movie houses and video dealers or strip clubs or any other entity that provides adult oriented content or products by mail-order or through the Internet. 5. Political parties, lobbying groups, political action committees or cause based organizations. 6. Direct Broadcast Satellite services or competitive media. 7. Any illegal or off shore gambling entity or entity that provides information that enables or can be associated with illegal gambling. 8. Manufacturers or sellers of firearms, ammunition, gun repairs, accessories, targets, stun guns, tear or pepper gas dispensers, and rifle and pistol ranges. Retailers who sell other products not firearm related can be sponsors provided they do not promote firearm related products (for example, department stores and sporting goods stores). i!90i i:-.:171;1,L- :ri ;n "J�iy ,i�tt- "7. G.'! 1 P1 117:1}j■1 117; -1.8::0.8E.7 , :nti.<. Fax-1..`�,.:a'� 7.17 1