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HomeMy WebLinkAboutCOMMUNICATIONS SUPPORT GROUP 7AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. i 15 gL' ? P Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-5238 if YCOO S N� A f' ; ,'<._ questions. r f £!i r ° "tet a �; The agreement with was completed on 1 {ai I � i , and fmal payment has been made. A —&COS --3L 7 Lp Department: FIA- 7 Signature: EL -Q -01_f", ", Date: f ui City of Santa Ana Revised 8-7-03 Clerk of the Council (E.-rh�►�pid� ) i CONSULTANT AGREEMENT A-2006-277 THIS AGREEMENT made and entered into this 16th day of October, 2006 by and between Communications Support Group, a sole proprietorship (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of Cable Television operations. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A and B to this Agreement. City agrees to provide office space, telephone, computer and printer, access to City e-mail, and parking. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services a total sum which shall not exceed $85,870.00 for all hours worked, travel and expenses during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on November 1, 2006 and terminate on October 31, 2007, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Parks, Recreation and Community Services Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, 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, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of Parks and Recreation City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 571-4200 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Communications Support Group 409 Edgewood Rd. Santa Ana, CA 92711 Telefacsimile (714) 836-6280 Attn: Katherine A. Bowers A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. H H H H IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Lauri Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAION City Manager COMMUNICATIONS SUPPORT GROUP A. TaAD# 5-Z7_ — 6S{-- 72r EXHIBIT A Contractor agrees to provide, at the request of the City Manager or designee technical support to City Manager and Executive Director of the Recreation and Community Services Agency, for the City's Cable Television operations up to twenty-eight (28) hours per week of which twelve (12) will be dedicated to development of the community bulletin board and including but not limited to cable programming, customer service and franchise compliance/administration as follows: 1. Monitor currency and accuracy of franchise security and certificate of insurance documents provided by the Cable Operator. 2. Receive/document resolution to subscriber's complaints and respond to cable television program inquiries from City Officials and citizens. 3. Assist in providing information for the Santa Ana Board of Parks and Recreation, and attend meetings as necessary. 4. Monitor cable operator's telephone response time and report results to City. 5. Maintain databases necessary to monitor Cable Operator's compliance to City Cable Television Subscriber Protection Ordinance and franchise agreement and to provide information based on inquiries. 6. Maintain in City Cable Office historical and current records of cable television program, franchise agreement and related documentation. 7. Plan and coordinate programming requirements for shows on City Channel 3. This includes providing monthly story roll with City contact information to the City and cable operator, review of programs and story assignments. 8. Provide quality control of content for television programs. 9. Assist City in reviewing channel program playback for technical problems, and follow- up with cable operator to correct technical issues such as channel snow, buzz, low audio, signal interference, etc. 10. Coordinate with cable operator the development of updates for show introductions for City's television programs. 11. Coordinate dub requests for City programs to provide to City staff and show participants. 12. Assist in providing information related to cable for other City departments and areas related to cable television that needs clarification, i.e., information on simulcasting in Spanish, etc. 13. Assist City with preparation for annual Mayor's State of the City report, coordinate stock footage for video presentation, attend technical testing and coordinate in field needs for television production at location of the event. Review and pre-test video - roll -ins with City team related to the event. Assist in preparation for DVD's related to the Mayor's event for CTV3 bulletin board presentation (at event location). 14. Provide comprehensive technical performance testing of the subscriber cable system as set forth in Exhibit "B". This testing will be conducted during the months of July and/or August. 15. Prepare a comprehensive cable regulatory report documenting overall cable operator activity, performance and compliance to the franchise agreement. This report will be completed at the conclusion of the calendar year. 16. Prepare a report documenting the programming that was prepared and shown on Ch. 3, and the operator's compliance to the franchise agreement. 17. Assist in development of budget plan and possible layouts for the production of City cable television programming. 18. Follow rate comparisons to 5 local Time Warner systems in Orange County. 19. Review and update equipment list for City Council Chambers with City video engineer for current technology related to new franchise. Assist and review design for equipment placement integration related to television production, directing, user- friendliness, playback, master control and related television needs. 20. Attend meetings as needed related to City programming, shared programming with outside organizations, and in-house programming. 21. Assist as needed for follow-up related to I -Net changes. Arrange and follow-up City's move to a fiber connection for television master control room. 22. Prepare and maintain the City community bulletin board complete with text, photos, video, and advanced graphics incorporating City information. This includes meeting with City staff to develop ideas and assistance in designing appropriate material for public information dissemination. 23. Prepare a multi -media presentation for the Santa Ana Zoo to be five minutes in length with the Scala system complete with graphics, photography and audio ($5500.) EXHIBIT B PROOF OF PERFORMANCE TESTING Perform a series of television signal level measurements to ascertain franchise compliance. All testing shall be coordinated and supervised by Consultant. A. Test shall be performed at the tap location under the existing conditions. B. No accommodations shall be made to allow the City to correct problems found prior to testing. C. Prior to the commencement of testing, obtain the necessary calibration certificate for all frequency/voltage sensitive equipment which will be used in the field testing from the Grantee. D. A 100' calibrated RG -59 jumper shall be used to connect the output of a subscriber tap to the input of the measuring equipment. II. An abbreviated proof of performance check shall be completed for each of the six (6) Construction Phases. A minimum of five (5) different locations per Construction Phase for the subscriber cable shall be selected and tested for compliance as set forth in the following sections. A. The following tests shall be performed at the headend prior to field testing and at all subscriber network test points and field test locations. Vistigal carrier levels Aural carrier levels Vistigal/Aural difference (calculated) Sweep Peak -to -Valley Carrier -to -Noise Low frequency distortions ("Hum") Composite Triple Beat TASO rating of picture distortions on all channels B. The following inspections shall be made at the headend: Stand -by -carriers Patch bays and switching bridges Stand-by power generators Radio carriage Aural levels Emergency override equipment Installation of leased access equipment Microwave and satellite receive equipment 10 C. The following inspections shall be performed at the Grantee's office and elsewhere: Telephone answering equipment Billing, converter, and converter addressing computer equipment Parental control lock systems I11. Prepare a final comprehensive report (test and summary report) following the conclusion of the performance test. A. The test report shall include a description of testing methods, testing criteria, list of locations tested, and test scores. B. The summary report ("Executive Report") shall employ graphs and charts summarizing the scores of all testpoints and make comparative analysis of the test results to the minimum standards found in the Grantee's franchise and the current CFR 47 Part 76 (FCC) Rules and Regulations. I EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by 12 Authorized Representative I �MARk21-2006__16:49 From: MILLER ADEN -Y 9512798087 To: ■ kaffil 0 1.1"DATE IMM 00,yr PpmucER 3 /17/06 THIS CERTIFICATE IS ISSLMD AS A MATTER OF INFORMATION Oml AND CONEEAR NO RIONTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE I) DES NOT ANENU, S TC VC MILLER EXTEND OR ALTER THE COVpRADE AFFQppED BY THE POLI TIES BELOW. 1451 S RIMPAU SUITE 202 ..— _ CORONA, CA. 92,979 COMPANIES AFFORDING COVERAGE LETTERNY A FARMERS INSURANCE GROUP OF (WANIES Ax`03 Iliuncr, - �t r T6R Y IS KATHERINE BOWERS _. DBA COMMUNICATIONS SUPPORT GROUP ETMTEAY C _ 409 EDGEW000 AD. SANTA ANA, CA. 92706 COMPANYLETTER D �-- — COMPANY ^— _ rrrr:..•�•� - - _ LETTER TMS IS TO CERTIFY THAT IIQUI IE9.Of INSURANCE Lt$TW BaOW HAVE BEEN ISMDTO THIE INIIUREp NAMED ABOVE FOR THE POLHW P:RIOD1NpICATED. NE ISSUE NOTWITHSTANDING ANY REQUIREMENT, TOM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT WITH 6E ISSUED OR MIRYPOLICIES. PERTAIN, 'THE tN6URANCE CORDED BY THE POL1Cila D"CRIBED HERZIN FS £AItaJECT TOGA THE TO WHICH TN18 ;ERTIFICATE MAY TIONS OF SUCH POLICiE$. ERM$, EXCLUS,ONS, AND CONDI- 1 R TYPE Or INSURANCE _ L. W POLICY NUMBER DATE EF DWM POLICY ENMMTIpI IIAFiII.ITY LWI I S IN THOUSANDS DATE WK'oOwVj DATE (MAUDQ" r,ENEgAL LIABILITY �-•> � fM-rt A .XX -.0MPRCIIEN57VF FORM ' «� tiCE AUDREG.\lc I BpDll i PHkMtSESIOPERA%hS 91309 -88 -40)U -14r $ I�NoENstawNr. 4/U2/06 4/02/07 _ EXPLOSION A COLLAPSE HAjARD PROPRAYY PFIMUCi$'COMPLETEO OPERATIONS DAMAGE $ $ CAr.TRACTUAL - I INDEPF.NVEN'1 CCNTItAC,M IBI t. PD 00 , ($0 VVti191NtU A BROAD K1HM PROPERTY DAMAGE P;RSONAL INJURY F� PER.0NA1. INJ JAY AUTOMOBILES LIABILITY j ANY AU -0 —'- A Ij AL( OWNED AUTi1s(PRN.PASsf 12371-20,10 2/07/Ob I"�"``I S 30 000 g ALL OVINFO AUTOS //OTHER THA:'+++ /07/ 06 EoaLY 1 PRIM PAati. 1 y LFIV HI9EL' AUTO;; (�P d'LOEKII $60.00o; NON�MNW AUTM c;A;IASF Iuxlurr DAOAn�'y g ' f L� Pn EXCESS LIAOILITY ~ C04181rGp $ I UMBRELLA FORM (.?.., /`„• �,( :+ -- � .. GTREri TrtAN UMEAfdA I -ORM I � I RI A PD CAM&NPO VQ _ WUAKtMS COMPENSATION --- I AND Jy SYA LITOnY EMPLOYERS' LIAPILITY . •i:.l'. �..� i�(t :1.":C -!f - --:zKH AC:IOftllj . lOTF(FR _ ;XZASE-EsI'hrwAjp t)iC., OE°+i✓rli'TION Or OPtRAT10N&LOICA"EIONS/VEHICLE&SPEgAI_ CITY OF SANTA ANA,ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES _E NAMED AS ADDITIONAL INSURED > AND VOLUNTEERS CITY OF SANTA ANA 20 I V (� CENTER PLAZA SH� D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCuLLED BEFORE TtIE EX pIRATION DATE THEREOF, THE ISSUING COMPANY WILT SANTA ANA, CA, 02701 MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE POLDER NAMED THE I EET''��E1iL SUCH NOTICE ALL IMPOSE NO OiuGATtbN pit .iABILITY OF ANY KIND UPON COMPANY ITS • MALL OIt gENOOOLIT4TION AUTHpRIZED REPR IIN7 _ I a MAPy21-2006 17:03 From. -MILLER AGENCY 9512798087 To:4 P. 1'1 EXW1S11' B ADD111, NAI, .rt ; DORSE --1' i'UR �QMERCL1i_ GF,, 1✓RAL LIABI rry pQJ.IC y lnm�urance Cornpanv 'nRMrnc I NSURANC� __... INC crdoncrler..r modifies such insura&e as is afforded by the prov:sions of polio _ 9130�_3d-40 relating to cite fallowing; 1 • The city ity of S,crta Axw, 20 Civic Center Plaza, Sarva AM, Califot+tia y�7Vl ; : t, OfTicers, eriployces, 39rnt3; volunteers and representatives are named as addi�iona.i insureds ("i�itienal insirrcdz ,) with regard to liability and defense of suits arising from the natipttsra arrd uses frrfrn ored by or on behalf of the named insured. p w itis rest LVE to claims ar'isistg out of the operations and uses per4ormed by or add rit:rlf ai'the namcci insured, succi irisurance ac is WDnded by this Policy is p rn r hrtd is not n ac�dil1-01 to or contributing with any other insmmnce carried by or for the Benefit of the addi'.arnml iilstlrcds. s. This irisuranc�e applies separately to each insured agairist whom Clair,' is made o; stat is brotsg{tt tsccpt with rcSput to the company's litnits cyf liability, The inCltrir,' any Pzrsorn nr ot9an'zati0f' v< an insured shall not affect ally right which such person v; orgi of f anyior "voulct leave a;= <, c lxirr srnt if not SO included, 4. \Vfth respect to the additionst insure rnsrkrial?y red -,iced in coverage or limits except afterthiey (30) ayy -ri tcnn noticc has bccnttr 94ver; to the Cit}• of SRnta Ana, 20 Civic Center plaza, Santa Atte, California 97701. C';r;npletiUn of the tQIJOI%'ing, including euuntersignature, is required to rnttkc this endnrsemettt effective.) Effective 4-2-2006 'oiicy r 309`= - �o this endorxmntent form as 1hjr, Of A,SSIMd tQ,l'i87�iEktNE 8�lkrFRc R.•��-_ - _ bUN.tr�Trnnr� ci�aunRr rD,. Namcd Insured l Countersigned by ;y :��� �— Authgri7,cctRt. resFntative A Fl PTgWMA 03/13/07 TMS CEIRIFIC ATE 4 NIBUED AS A MATTER OF INFOPAAAYION ONLY AND CONFERS NO MONTE UPON THE CE11Tr=AT! MOLDER, TMIS CERTIFICATE DOES NOT AMEND, STEVE MILLER EM"D OR ALTER THE COVEM(C AFFORDED BY THE POLIOIEB BELOW, S RISUITE 202 CORONA, CA. 928%9 COMPANIES AFFORDINCY COVERAGE CORO9 COMPANY A FARMERS INSURANCE GROUP OF COMPANIES LETTER ibsllRFr COMPANY - .. LETTER e KATHERINE BOWERS COMPANY - OBA COMMUNICATIONS SUPPORT GROUP LITTER C 409 EDGEWOOO RD. CpMPwNY D SANTA ANA, CA. 92706 ^/ { LETTER A-'aOp(Q'%rI 1 ary E TH14 a TYPE OF INSURANCE POLICY NUMBER FNV Ulom POLO EAMANIN LIABILITY UMTrS W THOUSANDS GENERAL LIABILITY GATE WhWn DATE WAMY) ADGRCG..Ik er..S; ,. Prt a COMPIEIENSNE FORM Doom S PREW"&PRRATEINS 9130988-40 4/02/07 4/02/08 =Wk WLLAM WAM ouu e'r $ $ PROOUCTScumPLFTm OPERATIM - .— DY+INACTUAL - aQ'PUcn $1,000, NOEPFrt1ENT UINUVOOFLS aw INA PROPEm pjmSE PEAS K"Y PERS6NN INIURr $ LMBRJri _AUTOMOBKE ANY rwA�rr ALL VWED AUTOS (RW. r�s.l 12811-20-10 2/07/07 8/07/07orN FAA AIIaN $ O, GOO n,ANI 1 PeNmm $60000 � AON $ 25'000 BI F PO COAMlVaO $ EXCESS LMEILFTY UMEHELLA FORM OTHER 1M UMBRELLA FORM COMDINEU $ $ WOPAGNSCOMPENSATION STATUTORY AND .' �. '. $ 1EA01 MT;Y1TMr1 EMPLOYERA' LIABILITY $ WW -ASE PD ICY LNUT. '-- ••–--. "IL-LESISPECNLITEMR CITY OF SANTA ANA,ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND VOLUNTEERS NAMED AS ADDITIONAL INSURED CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA. 97/01 OF 047CRAIED POEFDIES B! CANCELLEO BEFORE THE Ex. THE ISSUING COMPANY WILL ENDEAVOR TO w RL1G-21-2004 18:05 From:MILLER RGENCY 9512798067 To:714B360902 P•1,1 ,�Mlj ICNAL INKED ENDORSEMIiNT WR COMWaCIAIP.RAL_ iADjI-, 7Y 91,ICY Insurance Company ��ARNfiRS I H tR N F This endorsement ntcxlit^_ such insurance as is afforded by the provisions of Policy # _qt jp9-88-40 Feinting to the following: I. The City of Santa Atta, 20 Civic Cmtcr Plaza, Santa Ana, California! 9"2701: its officers, employees, agents, tolumeen and representatives are named as adclitiunal insureds ("additional insureds") Hido EcUmfd to liability and defense of suits arising from the operations and uses per formed by or on behalf of the named insured. with respect to claims arising out of the operations and uses performed by or on lxohalf of the named itLsw ed, sue:lt insurance as is afforded by this policy is primary, and is not additional to or contributing with sny other insurance carried by or for the benefit of the additionaltnsurcds. 3 This insurance applies separately to each insured against whom claim is made or snit is brought e.%ecpt with respect to the companyes litnits of liability. "Che inclusion of any person ur urganization m an insured shall not affect any right which such person or organiratitm would havr as a claimant if not so included. 4 With aspect to the additional iMUIVds, this insurance shall not be cuncelted, or materally reduced in enverage or limits except after thirty (30) days written notice has becu given to the City or Santa Ana, 20 Civic Center Plaza. Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective,) Effective 4-2-2007_ _ this endorsement form as o par of Policy ii�— Issued to . KATHY RE 1 NF_RBUFac DAA rnKN(KtLASIOUS-- ..r0Q7—&RaUP Named Unwred �r''�y�t � C'ourtcrbl(iUt11 by, �� Authorized Repr rttative STEVE MILLER 1451 S RIMPAIT SUITE 202 CORONA, CA. 92879 "Upf'r. KATHERINE BOWERS DBA COMMUNICATIONS SUPPORT GROUP 409 EDGEWOOn RD. SANTA ANA, CA. 92706 A -co(� TYPE OF INSURANCE I POLICY NUMBER A LXXJ COMPREHENSIVE FORM 1PRE11=1i'LRATIONS 91309-88-4o EOE x SON IA,COLLAPSE NA'" PRODUCTSICLIMPLETED OPERATIONS CONIILACTUAL INDEPENDENT CONTRACTOR$ A BROAD FOKM PROPERTY DAAMGE PERSONAL INJURY 03/13/07 TMS CSKYNNC•TE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO KKBNTS UPON THE CERTIFN;ATC NOLOEP. TRIS CERTIFK:ATE DOES NOT AMEND, EXTEND OR ALTER THE COVEMGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A FARMERS INSURANCE GROUP OF COMPANIES LETTER COMPANY LETTER COMPANY —' LETTER C COMPANY D LETTER COMPANY LETTER E ... ATLIEY EffECTM POLCY EXARATION LIABILITY LIMITS IN THOUSANDS DgiE IELLHXNYY) DATE (Mulm" - -.. GA I 777— DDaLY 4/02/07 4/02/08 w�VHr $ $PP�E POAMADETM $ COMBINED $1 , 000, JW PERSONAI INJURY I$ ANY AUTO A"' ALL OWNED AUTOS (PRIV. PASS.) I"^ " $ A OTIIERTwN 12311-20-10 2/07/0.7 8/07/0.7 ,out ALL OWNFU AUTOS (Ppj PAYS.kAw HIRED AUTOS ris MaD'n $ NON-UWNLD AUTOS PROPERTY GARAGE LIABILITY O'V'T'M'E $ GOMBMlU :ESS LIpAILN$ Y � "- UMBRELLA FORM O OISP OTHER THAN UMBRELLA FORM COMVINEU $ $ rD WORKERS' COMPENSATION i // STATL1Tnf AND / /� $ (IASEIASE ArEnDOLMY)UMIn EMPLOYERS' LIABILITY/ CITY OF SANTA ANA,ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, ANO VOLUNTEERS �� NAMED AS ADDITIONAL INSURED CITY OF SANTA ANA anouLn ANY M THE ABOVE OESORIBED POLICIES BE CANCELLED BEFORE TNF EX - 20 CIVIC CENTER PLAZA PIAATIQFE_DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO SANTA ANA, CA. 92/01 MAIL dUU DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICEggNIEAp����� IMPOSE NO OBLIGATION OR LMSILI7Y OF ANY KIND UPON SNC.COYPANV ,tee L6eu-- -- _ _ _ -1 .RUG -21-2004 18:05 From:MILLER RGENCY 9512798087 To:7148360902 EXHIRIT 6 ,A`E f1IC%NAI. SIiRES) E*ii7(� RSEMLiV'T FOR CtJM SRC A3. GENEkg1 =1y�1� 19 Y 1'f7t,i(`Y Insurance Company_—FAr2i4ER5iNSUR_ This endorsement tnod;fes such insurance as is afforded' by the provisions of Policy # yt 309-88-40 relating to the foilowing: V The City of Santa Attu, 20 Civic Center ?laza, Santa Ane, California 92701: its officers, employees, agents, volunteers and representatives are named ac additional insureds (''additional insut ods"1 [n id. Et,,,atd to liability and defense of suits arising from the operations and uses pei flamed by or on behalf of the named itisured. 7 With respect to claims arising out of int operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of tlrc additional t;;surcds. 3 This insurance applies separately to each insured against whom claim is made or suit is brought except with respcet to the company's iirnits of liability. The inclusion of any persue or organization ns an insured shall not offuoi tiny right which such person or organization wo:asl havr as •r, claimant if not so included. 4 With respect to the additionat insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has berm giver, to tilt Cit} of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Cbtnpletion of the following, including countersignature, is required to make thin endorsement cffectiv„) Effective. 4-2-2007 this endorsement form as a part of Issuedto KATHERtIjF nnucRc nRp_ rnMMuH,� fORT GRAUP Named Insured (-ountersigucd by�— Author:zcd Repres�rta;ive P.1/1 Communications Support Group VIDEO PRODUCTIONS 409 EDGEWOOD RD., SANTA ANA, CA. 92706 PH: 714-836-6280 email: katbowers0sbcglobal.net FAX: 714-836-0902 October 2, 2007 Ms. Lorraine L. McCarty, Community Affairs Manager, PRCSA City of Santa Ana 888 W. Santa Ana Blvd., Ste. 200 Santa Ana, Ca. 92701 RE: FCC PROOF OF PERFORMANCE TEST Dear Lorraine, Please find the enclosed report for the Time Warner Technical Testing and Proof of Performance Report with results from Communications Support Group's (CSG) engineering consultant, Mr. Newell Whitfield. This report reviews the observations made during the tests Time Warner performed during August 2007. CSG has found Time Warner to be in compliance with the FCC regulations. Our report and recommendations have been sent to Ms. Kristy Hennessey, Vice President, Community Affairs and Mr. Cliff Bridges, Engineer, Time Warner Cable. Corrections were made in the field by Time Warner staff in the presence of Mr. Whitfield for channel discrepancies for aural and video problems to meet FCC standard regulations. Emergency Broadcast testing was also completed successfully during this year's testing. Please let me know any discussion or questions you may have related to the technical testing. Sincerely, Katherine A. Bowers Communications Support Group Page 2/FCC Technical Testing Santa Ana 2007 C: Gerardo Mouet, Executive Director, PRCSA City Clerk's Office Cable Office Attachments - Letter to Time Warner/Hennessey Technical Test CLI report Test Equipment Information Area Maps Time Warner Channel Lineup Communications Support Group VIDEO PRODUCTIONS 409 EDGEWOOD RD., SANTA ANA, CA. 92706 PH: 714-836-6280 email: videoCSG@concentric. net FAX: 714-836-0902 October 2, 2007 Ms. Kristy Hennessey Vice President Community Affairs Time Warner Cable 1500 Auto Center Drive Ontario, Ca. 91761 RE: FCC Proof of Performance Test Dear Kristy I would like to thank you for your assistance with this years' technical testing of the Santa Ana Cable System. Please find enclosed the Annual Technical Testing and Proof of Performance Report based on Federal Communications Commission (FCC) requirements. Results were compiled by Mr. Newell Whitfield, Communications Support Group's (CSG) engineering consultant. This report reviews the observations made during the tests Time Warner Cable performed during August 2007. CSG has found Time Warner Cable to be in compliance with the FCC regulations. We have noted in our report that any needed corrections were made in the field in the presence of Mr. Whitfield. We appreciate Time Warner's commitment to excellence and are pleased to see the new fiber system performing smoothly as well as the very positive report on the La Mirada Headend. Please do not hesitate to contact the cable office at 714-571-4240 is you have any questions about this report or our request. Congratulations on a positive and successful Proof of Performance Test. 1 Sincere y; K herine A. Bowers, Cable Administrator for the City of Santa Ana Page 2/ Santa Ana Technical Test Letter 2007 c: Gerardo Mouet, Executive Director, PRCSA Lorraine L. McCarty, Community Affairs Manager Mr. Cliff Bridges, Maintenance Supervisor, Adelphia Cable Office Attachment Proof of Performance Test ANNUAL TECHNICAL OVERVIEW TIME WARNER CABLEVISION COMMUNICATIONS SUPPORT GROUP VIDEO PRODUCTIONS TABLE OF CONTENTS 1. INTRODUCTION PAGE 2 2. SCOPE OF OVERVIEW PAGE 4 3. TESTING METHODOLOGY PAGE 5 4. STAFF QUALIFICATIONS PAGE 6 5. EQUIPMENT VERIFICATION PAGE 6 6. RESULTS AND OBSERVATIONS PAGE 7 6.1 HEADEND PAGE 7 6.2 AUXILIARY POWERING - HEADEND PAGE 8 6.3 STANDBY POWER - FIELD PAGE 8 6.4 RESIDENTIAL NETWORK PAGE 8 6.5 EMERGENCY ALERT SYSTEM PAGE 9 7. RECOMMENDATIONS PAGE 10 8. COMMENTS, SUMMARY AND OBSERVATIONS PAGE 11 9. APPENDIX TEST POINTS PAGE 13-18 Enclosed in report: • CLI Report (Form 320) and aerial testing • Node Maps • Santa Ana Channel Lineup TECHNICAL OVERVIEW TIME WARNER CABLEVISION - SANTA ANA 1. INTRODUCTION The Franchise to provide cable television to the residents of Santa Ana grants the City the authority to conduct tests determining whether the franchisee is meeting minimum technical requirements. These requirements are covered in Section 5.10 of the agreement. Santa Ana has been conducting tests of the cable system on an annual basis since 1983. In 1992, the Federal Communications Commission (FCC) adopted new rules governing the method and frequency of cable television technical testing. Under the new rules, cable systems with at least 1,000 cable subscribers are required to conduct self -tests of its cable system twice per year to demonstrate compliance to the signal quality rules. The FCC tests are comparable to those required under the cable television franchise, and provide information regarding picture quality (snow, herringbones, bars, etc.). The FCC rules require the cable operator to conduct complete system tests at least twice annually (at intervals not to exceed seven months) at test points representative of the entire geographic area (at least a third being at the longest end of system cascades). Previously Time Warner requested, and the City agreed, that the 1994 and subsequent technical tests would follow the procedures set forth by the 1992 Federal Communications Commission (FCC) related to methods and requirements for conducting proof of performance tests of cable systems. The FCC rules state that systems between the size of 12,500 and 25,000 subscribers must test at least seven test points. Time Warner currently has re -designed their distribution methodology which relocated their Headend facility to La Mirada, Ca to centralize the Headend to feed all of Time Warner's Southern California cable systems from one Headend facility. This clustering technique affords Time Warner the recalculation of test points that reduces the number of test points for Santa Ana from seven to five with an additional number of channels tested from nine to ten. The rules also require that the tests be performed in the coldest and warmest periods of the year. Communications Support Group, VP RPT2007.001 Page 2 Tests must be performed at the same locations each time and are performed repeatedly in a 24-hour period in order to make comparisons between test periods. At each test point, electrical tests must be made on at least eight channels for a 450 MHz system or higher the size of Santa Ana's (Santa Ana is now a 750MHz system). Subjective picture quality observations were made on all channels at each test point. In July, 2007 the City cable consultant, Communications Support Group (CSG), VP participated in Time Warner's warmest month tests. Mr. Newell Whitfield, Consulting Engineer oversaw the latter part of these tests (less the 24-hour tests). Field tests were done in two consecutive days starting on July 26th , 2007 by Time Warner and were completed on July 27th, 2007. Actual measurements performed on both days were taken by representatives of Aldephia Cable and witnessed by Mr. Whitfield. Observations were made at the system Headend and at 5 locations through out the distribution system. This year is the second round of three years of testing newly chosen test points. A decision will be made to select five new test points that will continue to represent a full span of the city beginning in 2009. The same test points are typically chosen for performance consistency on an annual basis for 3 to 5 years. It was the request of the city to begin choosing alternating new test points every 3 years. The test locations chosen are located on end of lines and at geographical extremities of the cable system, which means, complete test point coverage that encompasses the entire city. A map is attached for a visual of the areas covered for this years test point locations. Participants in initial meetings with Mr. Whitfield on July 26th from Time Warner included Mr. Cliff Bridges, Technical Operations, Mr. Junior Lopez, Sweep Technician, and Jesse Foster, Headend Engineer. Communications Support Group, VP RPT2007.001 Page 3 2. SCOPE OF OVERVIEW This report summarizes the findings of Time Warner Cable and CSG. Overview comments summarize findings in the following areas: Compliance to Testing Methodology Staff Qualifications Equipment Lists Results and Observation Headend Subscriber Signal Tap Tests Levels of low frequency distortion Levels of composite triple beat Levels of video and audio Separation between video carrier and noise Picture Quality Visible distortion Picture clarity System Powering Auxiliary Headend Powering Power plant condition Communications Support Group, VP RPT2007.001 Page 4 3. COMPLIANCE TO TESTING METHODOLOGY In most cases, the test points chosen were at the end of the longest amplifier cascade depicting the expected worst-case performance in that portion of the distribution system. With the rebuild, Time Warner has redesigned the cable plant to a hybrid fiber / coax system, which eliminates long cascades of amplifiers as well as other technical related problems along with it. The longest cascade in the new rebuilt system is six. The 100 -foot drop was connected to the chosen tap or device and the following measures were made: 1. Picture/Audio Analysis - Each channel is viewed and any imperfections noted. Mr. Whitfield made observations with confirmation by a Time Warner representative. Observations of less than excellent pictures are recorded. Problems noted at Headend are addressed and corrected by the Headend engineer typically at time of detection. Corrections are usually made in the presence of Mr. Whitfield and verified by him. 2. Carrier -to -Noise - Baseband signal to noise in dB is measured non - disruptively by the system analyzer. The results are logged and stored in the test device memory. This measures the relative "snow" in a picture. 3. Third Order Distortion - Composite Triple Beat - This is ratio, expressed in dB of the peak RF level of the signal to the average power cluster of distortion products centered around the carrier. Testing methodology is performed by momentarily dropping the video carrier on selected channels while monitoring a system analyzer for distortion in the selected channel spectrum. This measurement identifies beats in a picture, which may or not be visible in subjective viewing. 4. Low Frequency Distortion (Hum) - This measures the amount of 60 or 120 cycle interference on an unmodulated channel. The system analyzer also performs this measurement without disrupting the channel. The results were logged and stored in the test device memory. 5. RF Level Measurements - The level readings of all aural carrier and visual carrier were measured, automatically logged by the test equipment and later printed out on hard copy. (The system does not allow any manipulation of the data once taken.) 7. Visual Carrier Delta - The printout calculates the channel with the highest video level compared to the channel with the lowest video level and the "Delta Difference" or "Peak -to -Valley" is reported. Communications Support Group, VP RPT2007.001 Page 5 4. STAFF QUALIFICATIONS Cliff Bridges Mr. Bridges has worked 20 Y2 years with Time Warner in the technical department. He has taken numerous NCTI courses. Mr. Bridges has a Fiber optic certification and is a member of the Society of Cable Television Engineers (SCTE). Junior Lopez Mr.Contreras has worked 9 years in the Technical department with Time Warner. He has taken numerous NCTI courses and as well as a Fiber optic certification. Jesse Foster — Headend Technician — 18 years of experience It should be noted that in conjunction with the above training and education, all technical participants have attended specialized training through Time Warner's own training labs. 5. EQUIPMENT LISTS The test equipment used for this year's proof of performance testing: • Hewlett Packard 8591-C Spectrum Analyzer. Serial number 371 OA02055 - Calibration date October 19 2006. ■ Trialithic 860 — DSP Serial number 237787 Calibration date July 12, 2006 ■ Agilent E9034A Power Sensor Control #1661 Calibration date January 24, 2007 ■ Agilent E4418B Power Meter Control # 2729 Calibration date May 1, 2006 ■ Rhode & Schwarz SML01 Signal Generator Control # 1393 Calibration due date October 31, 2008 Communications Support Group, VP RPT2007.001 Page 6 6. RESULTS AND OBSERVATIONS Following are the observations made by Mr. Whitfield and results of the tests conducted. 6.1 HEADEND Time Warner has completed their final Headend migration into the La Mirada facility. The Headend is located at 14899 Artesia Blvd in La Mirada Ca, 90638. The Headend that was previously located at the Santa Ana College has been decommissioned and Time Warner is now operating out of a new fiber optic distribution Node that was newly constructed in May 2005. The Node is part of a new system clustering technology that is being deployed throughout the cable industry today. This clustering technology takes advantage of fiber optic distribution of broadband content to multiple cities but originates from one Headend. The Santa Ana distribution Node is located on 1115 E. Second St. (Cross Street is Santa Fe between 2nd and 3rd St.) This Node delivers dedicated Santa Ana programming video to their customers. The Headend Node design layout was detailed and well documented. It was a bit disorganized due to new digital equipment being installed. The outside door to the Headend was propped open allowing the equipment being subjected to the outside temperature. The temperature was around 90 degrees at the time. It is CSG's recommendation that Time Warner Cable continue to maintain an orderly and clean headend facility. Ensuring a controlled temperature environment is critical based on the merging of multiple cities operating from the single La Mirada facility. Accessibility was also easily obtained. The property and outside structure were well maintained, and adequate security measures had been taken to restrict entry to this area. Time Warner's Visual channel observation at the Node and subjective visual examinations on all channels at the Node were improved from previous years. More channels were added to the Santa Ana channel lineup. A new channel lineup card is included. The in -field video quality is equal to the observations made at the Node. The test equipment present at the Headend seemed adequate to provide valid test data requested. The Headend combiner output signal levels maintained a flat frequency spectrum that represented a well -tuned RF output. Time Warner has provided two new fiber links to address video quality issues previously noted in earlier tests. The Santa Ana City Hall now has a dedicated fiber feed as well as the Santa Ana College channel. Both of the fiber feeds originate from the Second Street Node greatly improving the video quality and have satisfied the concerns of the city. The observed picture quality was very good with no exceptions. Communications Support Group, VP RPT2007.001 Page 7 6.2 Auxiliary Headend Powering The auxiliary power being delivered in the La Mirada headend, is a dual backup generator running in redundancy mode for much more extensive fault recovery because this Headend serves video for multiple cities that includes Santa Ana. The Santa Ana Second St. Node is auxiliary powered by a 75KW Diesel backup Generator and a UPS system. 6.3 Standby Power Supplies The Time Warner power supply status has not changed from the previous year. The long-term plan is to install status -monitoring equipment into the power supply for more proactive monitoring. With the new acquisition of the cable system by Time Warner, the power supply upgrade project is anticipated to move forward. It is CSG's recommendation for Time Warner to address the power supply upgrade strategy with a proposed plan and timeline to upgrade the power supplies as the acquisition moves forward. The 60 -volt commercially fed power supplies in the field provide system powering. These units have a battery backup that depending on the draw from the unit will power the system for up to two hours should commercial power fail. In light of the on-going probability of natural disasters in southern California, standby power supplies are an essential component of a cable system's emergency operation capacity. Time Warner has replaced their old power supplies with new Alpha systems power supplies. This will allow Time Warner to become more pro -active and minimize downtime in outage situations. Time Warner runs tests on all of the power supply units on a quarterly basis. 6.4 Residential Network As noted earlier, distribution system testing was done in two phases. The first of these tests were performed by Time Warner in Feb 2007 and the second phase of testing was performed on July 26th and July 27th 2007. These tests were monitored by Mr. Whitfield and were performed using Hewlett Packard and Trialithic test equipment. The first set of tests covered the 24-hour test and also shows performance regarding all carrier levels and required relationships. The second test also covered carrier levels and expanded to include C/N, CTB, In Channel Response and Hum. The test locations included as follows: Communications Support Group, VP RPT2007.001 Page 8 Test Point Location Cascade Aerial/Underground 1 2718 Townley Node + 5 Aerial 2 2514 Poplar Node + 5 Underground 3 2931 Barclay Node + 5 Underground 4 3506 S. Garnsey Node + 5 Underground 5 2620 W. Knox Node + 4 Underground Note: With Time Warner rebuild using fiber optics; their deepest cascade in any part of the system will be 6. This equates to a more reliable infrastructure that creates small outage areas when problems occur. Picture quality was observed using a test television set on every channel at every location during the latter tests at locations 1 - 5. This is a subjective test and not a specific franchise controlled measurement. However, subjective quality is the only measure the subscriber uses in determining how good his/her service is. Depending on circumstances, it is possible for subjective quality to be unacceptable and to have performance still meet all specific FCC requirements. It is also possible for subjective quality to be excellent, yet miss one or more specific requirements. For these reasons, a combination of objective and subjective analysis has been used. Time Warner test channels are as follows: Channels 6, 18, 8, 12, 26, 32, 38, 48, 63, and 78 (ch.6 used for Hum measurement). Overall, performance of the outside test points was very good. All levels were within FCC required specifications and picture quality was good. 6.5 Emergency Alert System Included in this year's testing, The City requested Time Warner cable to perform an EAS audio and video test during the POP testing. Time Warner complied by performing the test and was witnessed by the Mr. Whitfield on July 26th at 3:00pm. The test ran smoothly with no problems. I have included in the report a video clip of above testing in progress as well as pictures of the EAS equipment located in the Headend facility. This data will be sent electronically to the city via e-mail. FCC Proof of Performance tests does not require verification of the operation of Time Warner's Emergency Alert Override to the city. Time Warner did however, satisfied the cities request, but technically is only mandated to perform EAS testing and provide documentation. CSG recommends that Time Warner provide the data for the EAS test at least Communications Support Group, VP RPT2007.001 Page 9 once annually and include it in the report. Time Warner has provided this years test documentation that shows weekly and monthly testing currently being performed on the EAS system. This has satisfied CSG's requirements for EAS testing. 7. RECOMMENDATIONS It is the recommendation of Communications Support Group that Time Warner Cablevision of Santa Ana is considered in compliance with the technical standards of the Federal Communications Commission. The following summarizes the areas in need of clarification: 1) Form and Content of the Summer FCC Proof Report: The City should review the final document and insure it is correct form. 2) Other residential system performance matters to be addressed. A. Other FCC rules require Time Warner to file periodic performance results related to Cumulative Leakage (RF radiation). CSG recommends that Time Warner be required to file a copy of its most recent CLI report filed with the City. Time Warner is using new GPS technology called the Sniffer Slueth for CLI monitoring. Attached is an annual summary of the CLI leakages found and repaired. 3) Calibration of test equipment Time Warner has adhered to the rules and regulations of the FCC proof of performance testing in regards to test equipment calibration. The calibration dates of test equipment used are included in the report. 4) Time Warner Main Office Location Time Warner has moved their main office and local origination programming from the city of Santa Ana. The office and playback is now located at their new Anaheim Facility. Time Warner's main office is located at 3041 E. Mira Loma Ave, Anaheim CA 92806. All Time Warner administration and customer service originates from this facility. Communications Support Group, VP RPT2007.001 Pagel 0 5) La Mirada Headend: Time Warner's commitment to move their Orange County Headend distribution services to the new La Mirada Headend facility in February 2004 has been achieved. This industry standard clustering technology provides new testing procedures for test point calculations for all future proof of performance testing. 8. COMMENTS INET: The Santa Ana Unified School District is in the process to move all of its schools from the INET to dedicated T1 lines for data transmissions. This will remove all data services from the INET that was of concern to Time Warner and the City. In light of this re -design, it is recommended for future INET testing that only audio / video testing be performed for the existing video services. 9. SUMMARY In summary, Time Warner has fulfilled their technical obligations to the city and the FCC regarding testing. With the new build complete, Time Warner's future testing should continue to improve through the use of the fiber hybrid technology. Time Warner is providing two-way services that include voice and data services (i.e., cable modems) to the city of Santa Ana. There are no FCC standards or test requirements for data services at this time; however, if broadband data becomes a mainstream commodity, there will be a need to address a level of standard service agreement requirements for adherence between Time Warner and the City. 10. OBSERVATIONS Time Warner is using GPS (global positioning satellite) technology for on time tracking of their technical and installation vehicles and their CLI monitoring. This has improved their performance in productivity and ability to isolate and repair cable system leaks. Time Warner has provided and is included in the report, an extensive and detailed scope of the CLI testing procedures used for the city of Santa Ana. CSG finds Time Warner to be in compliance to the testing requirements of the FCC rules at Section 76.601 (e.g. timing of tests, type of tests, number of test points, location of test points, etc.). All tests were performed per Federal Communications Commission's guidelines. Communications Support Group, VP RPT2007.001 Page 11 APPENDIX SUMMARY SHEETS FOR TEST POINTS IN SANTA ANA Communications Support Group, VP RPT2007.001 Page 12 TEST POINT # 1 3506 S. GARNSEY Channel ICR CSO CTB CTN Comment 6 .7 64.6 61.5 50.9 PASS 18 .5 66.9 61.7 50.6 PASS 8 .5 65.0 64.0 48.8 PASS 12 .6 64.8 58.1 49.5 PASS 26 .5 72.3 59.1 48.9 PASS 32 .5 68.9 60.1 49.2 PASS 38 .4 64.0 58.3 49.0 PASS 48 .3 64.6 58.6 50.1 PASS 63 .3 63.2 58.0 49.7 PASS 78 .3 65.2 61.8 50.6 PASS Hum Ch.6 2.3% Communications Support Group, VP RPT2007.001 Page 13 TEST POINT # 2 2514 POPLAR Channel ICR CSO CTB CTN Comment 6 .6 64.1 62.7 50.9 PASS 18 .5 66.4 63.3 50.6 PASS 8 .3 71.1 62.4 48.8 PASS 12 .6 67.5 63.1 49.4 PASS 26 .5 67.8 63.9 48.9 PASS 32 .4 68.3 64.6 49.2 PASS 38 .5 67.6 61.3 49.0 PASS 48 .3 67.7 61.7 50.1 PASS 63 .3 63.4 60.5 49.7 PASS 78 .4 62.7 63.8 50.5 PASS Hum Ch.6 2.3 % Communications Support Group, VP RPT2007.001 Page 14 TEST POINT # 3 2718 TOWNLEY Channel ICR CSO CTB CTN Comment 6 .4 62.6 61.3 50.9 PASS 18 .6 67.6 61.1 51.0 PASS 8 .8 69.3 62.9 47.9 PASS 12 .5 67.8 58.4 49.3 PASS 26 .9 69.6 61.1 48.7 PASS 32 .5 67.4 58.9 49.1 PASS 38 1.0 61.0 62.7 49.9 PASS 48 .4 65.2 60.3 52.1 PASS 63 .4 65.4 68.0 50.0 PASS 78 .4 65.7 62.2 51.1 PASS Hum Ch.6 2% Communications Support Group, VP RPT2007.001 Page 15 TEST POINT # 4 2620 W. KNOX Channel ICR CSO CTB CTN Comment 6 .9 67.7 62.6 50.3 PASS 18 .3 68.4 61.3 51.0 PASS 8 .6 67.0 63.2 49.4 PASS 12 .4 67.9 62.7 49.7 PASS 26 .8 67.2 64.2 49.6 PASS 32 .5 61.8 61.3 49.4 PASS 38 .4 67.3 64.1 49.8 PASS 48 .3 62.1 65.3 50.3 PASS 63 .3 64.9 61.2 49.8 PASS 78 .3 62.3 63.8 50.7 PASS Hum Ch.6 2.1% Communications Support Group, VP RPT2007.001 Page 16 TEST POINT # 5 2931 BARCLAY Channel ICR CSO CTB CTN Comment 6 .5 61.4 64.9 51.5 PASS 18 .4 64.1 65.0 51.2 PASS 8 .4 73.0 63.2 47.8 PASS 12 .5 69.7 59.9 50.0 PASS 26 .5 66.9 63.3 49.4 PASS 32 .5 67.6 61.1 50.3 PASS 38 .5 70.2 59.1 50.7 PASS 48 .4 66.5 59.1 50.2 PASS 63 .3 64.9 59.7 51.5 PASS 78 .3 64.0 62.5 50.9 PASS Hum Ch.6 2.0% Communications Support Group, VP RPT2007.001 Page 17 APPROVED BY OMB 3060-0433 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 BASIC SIGNAL LEAKAGE PERFORMANCE REPORT FORM 320 Approval Date: Apr 13, 2007 Filing Year: 2007 Confirmation Number: CB24190614 SECTION I — GENERAL INFORMATION (1) Cable System Owner: Time Warner NY Cable LLC Phone Number: (310) 563-5834 Address: 550 NORTH CONTINENTAL BLVD. S= 280 EL SEGUNDO CA 90245 (City) (State) (Zip) (2) Community Served: SANTA ANA (3) Community Unit No.: CA0957 (4) Physical System Id: 006494 SECTION II — LOCAL SYSTEM INFORMATION (1) Person(s) Responsible for the Report: Name: Sleeis Tricia (Last) (First) (M) Phone Number: (310) 563-5834 Address: 5595 Corporate Drive Cypress CA 90630 (City) (State) (Zip) (2) Are aeronautical frequencies (108-137 or 225-400 MHz) used by this cable television system? Yes (3) TEST RESULTS: CLI: 10Log1oo: Airspace: l0LogI3000: SECTION III — LEAKAGE PEFORMANCE CRITERIA For operators conducting measurements on a geographical area that contains more than one Community Unit (e.g., headends that serve more than one Community Unit) fill in the measurement information below. NOTE: The submission of the accompanying exhibits, either B or C, may be incorporated by reference to another Community Unit filing that had undergone the same measurement tests as this community Unit. That Community Unit must be identified by its Community Unit Code Number in response to Question (2) or (4) below. (1) GROUND-BASED MEASUREMENTS: (if used) (a) Person(s) Responsible for the test: Name: (Last) (First) Phone Number: ( ) - (b) Miles of plant tested and % of total plant tested: in; Xli.k0M— J.amry 2000 BASIC SIGNAL LEAKAGE PERFORMANCE REPORT Page 2 SECTION III — LEAKAGE PERFORMANCE CRITERIA (Continued) (c) Time period of the test: From: To: (mm/dd/yy) (mm/dd/yy) (d) Equipment Used: (Mhz) (Make) (Model) (Test Frequency) (e) Attach as Exhibit B, the CLI calculations & Result including all parameters used. Identify in this Exhibit all leaks >= 50 uV/m, and show their repaired dates, if any... (2) AIRSPACE MEASUREMENTS: (if used) (a) Person(s)/Company Responsible for the test: Name: The Flyover Company 133.2375 (Mhz) (Last) (First) (M) (Test Frequency) Phone Number: (269) 808-3543 (b) Time period of the test: From: 03/17/2007 To: 03/17/2007 (mm/dd/yy) (mm/dd/yy) (c) Attach as Exhibit C, a full description of the test procedure, a list of the equipment used for the airspace measurement and a detailed description of the area covered by these airspace measurements (set forth in this Exhibit all leaks detected during these airspace measurements that were subsequently repaired and their repair dates, if any). (d) Recorded data and its analysis: (i) If analog recordings, include in Exhibit C a graph of the results and indicate the value of the smoothed out peak values uV/m. (ii) If digitized recordings, include in Exhibit C a plot of the results and indicate the % of points recorded digitally below 10 uV/m: 100.0000 % SECTION IV -- CERTIFICATION By signing below the operator certifies that, in the case of an individual operator, he or she is not subject to a denial of federal benefits that include FCC benefits pursuant to section 5301 of the Anit-Drug Abuse Act of 1988, 21, U.S.C. 862, or, in the case of a non -individual operator (e.g., corporation, partnership or other unincorporated association), no party to the operator is subject to a denial of federal benefit that includes FCC benefits pursuant to that section. For the definition of a'party' for these purposes, see 47 CFR, Section 1.2002(b). I certify that I am RegionalVPEngineerLosAngeles (Official Title) of Time Warner NY Cable LLC (Legal Name of cable System Owner), that I have examined this report and that, to the best of my knowledge and belief, all statements in this report are true, correct and complete, and are made in good faith. Signed on: 04/13/2007 WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, § 1001) AND /OR REVOCATION OF ANY STATION LICENSE (U.S. CODE, TITLE 47, §312(A)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503). FCC Form 320 J..—y 2000 BASIC SIGNAL LEAKAGE PERFORMANCE REPORT Page 3 Operator Comments FCC Fa 320 ]aam¢y 2000 BASIC SIGNAL LEAKAGE PERFORMANCE REPORT Page 4 Community Units Included in this Report CUID Community Name PSID CA0957 SANTA ANA 006494 CA0458 NEWPORT BEACH 006494 CA0499 SEAL BEACH 006494 CAI 140 ORANGE (CENTRAL) 006494 CAI 147 ORANGE (CENTRAL) 006494 CA1644 CITY OF COSTA MESA 006494 Jmuazy 2wo BASIC SIGNAL LEAKAGE PERFORMANCE REPORT Page 5 Exhibit A - Aeronautical Frequencies (MHz) 109.275 115.275 121.2625 127.2625 133.2625 229.2625 235.2625 241.2625 247.2625 253.2625 259.2625 265.2625 271.2625 277.2625 283.2625 289.2625 295.2625 301.2625 307.2625 313.2625 319.2625 325.2625 331.275 337.2625 343.2625 349.2625 355.2625 361.2625 367.2625 373.2625 379.2625 385.2625 391.2625 397.2625 January 2000 FL YO VER REPORT FOR TIME WARNER CABLE SYSTEMS SANTA ANA, CA PSID: 006494 TESTED MARCH 17,2007 The Ryover Company 5326 Willow bend Trail Kalamazoo, Mi 49009 269-808-3543 www. thefivovercompariv. coin 269-744-,t'156 CONTENTS CONTENTS.... - - 1 - INTRODUCTION _ _ HOW THE TEST IS DONE .. = 2 - PROCEDURE PROCEDURE •••___ _-_ _ _ • - . -4_ TEST RESULTS. - - 5 - TEST RESULTS DATA - 5 - CONCLUSION - 5 - LEAK ANALYSIS - EXHIBIT C - 7 - PROBABILITY ANALYSIS SYSTEM ANALYSIS - 8 - CALIBRATION DATA --------------------------------------------------- - 9 - MAPLEGEND.-••------------------------------------------------------------------------------------------------------. 10 - MAPS - 11 - The Flyover Company, LLC -1- INTRODUCTION The Flyover Company conducts aerial cable leakage inspection utilizing the technology of the global positioning satellite (G.P.S.) system, a digital receiver system, a calibrated horizontally polarized antenna system, and an onboard computer system utilizing mapping and monitoring software. The Flyover Company conducts tests in accordance with the basic signal leakage criteria outlined in 47 CFR Section 76.611. GPS Satellite Onboard Computer Comsonics Sniffer Sleuth HOW THE TEST IS DONE 0 Inspection Aircraft The aircraft is flown over the system while monitoring a test signal installed at the cable head -end. The technician onboard records data into a laptop, which collects signal data from a Comsonics Sniffer Sleuth cable leakage receiver, which is attached to a horizontally polarized antenna on the aircraft. The data is compiled with a signal from an onboard G.P.S. receiver to record the accurate time and precise location. This data is then analyzed and engineered through a CAD/GIS system at the corporate office to create this report. The Flyover Company, LLC -2- Inspection 2 - PROCEDURE Pre -Flyover Determine system boundaries and import into DeLorme mapping software to form a cable plant boundary polygon. The cable plant polygon is used with the CLI crew's on -board CLI survey software. Determine channel and time for testing, using a negative offset modulated carrier between 108 and 140 MHz. Choose a negative offset frequency from common video for channel to be tested. Perform CLI receiver calibration using Lindsay ground calibration antenna with a modulated test signal at 10 uV/m at 1476 feet using a HP Signal Generator 8647A-1 E5. Use the following formulas to establish signal generator input level for aerial calibration: Calibration Establish signal generator input levels that will be used to calibrate Sniffer Sleuth receiver based on a 10 pV/m leak at 1500 feet. a. Convert uWm to dB: 133.2375 Mhz Frequency(Mhz) 10 uV/m uV/m WE' -48.81 dB (20*log(E)) - (20*log(20.7*Frequency)) b. Determine Free Space Loss at 450 meters: 133.2375 Mhz Frequency(Mhz) 1476.38 Feet (450meters) Distance(Feet) 68.01 dB 20*log(Frequency) + log(Distance) - 37.87 C. Determine Signal Level input for calibration expressed in millivolts: -48.81 dB 10uV/m level expressed dBmv for test frequency Add 68.01 dB Free Space Loss Equals 19.19 dB Total dB to mV 9.11 my 10^((dB)/20) Test signal level input of generator with signal level meter to insure accuracy. Perform aerial calibration runs recording highest reading in uV/m to obtain a calibration factor to be used in post CLI process. Highest recorded number during calibration runs for this specific test was 10 uV/m. Apply correction factor: Frequencies below 108: Frequencies above 137: (Data Sample) + 20 * log( f/108 ) (Data Sample) + 20 * log( f1137 ) The Flyover Company, LLC - 3 - PROCEDURE Sional Insertion Determine exact channel and time for testing, based on client's request. Use a negative offset modulated carrier in the aeronautical NAV band between 108 and 117.9 MHz, or in the aeronautical COM band between 118 and 136 MHz. Test frequency must be offset from aeronautical frequency allocations by 25 kHz in the NAV band and 12.5 kHz in the COM band. Normally the test frequency is chosen based on the video carrier of the channel taken off line. Insert modulated carrier to cable head -end: a. Turn off video modulator for channel being used for aerial CLI. b. Insert signal generator to the combining network at 133.2375 MHz. c. Measure signal level at 133.2375 MHz with spectrum analyzer and/or signal level meter. Then adjust signal generator output level so test frequency reads 1 dB above adjacent channels. d. Leave test signal on during aerial CLI. System Flyover Perform system flyover at 1476 feet in a road or grid pattern (all plant covered within '/ mile of pattern). Data from the GPS and Sleuth signal level readings are simultaneously combined using customized software. The software collects data from the CLI hardware which creates several thousand sample points which are temporarily stored on the CLI laptop computer onboard the aircraft. Upon completion of the flyover, the cable channel is restored and TFC equipment is retrieved from the head -end. The survey pilots send CLI data via internet to TFC engineering office in Kalamazoo, MI for post test analysis and creation of this report. En4ineerina Process Use calibration factor to adjust sample points recorded for hardware level loss. This factor was obtained during aerial calibration using the FSL to measure 10 uV/m leak at 1476 feet. Filter all data points outside of system boundary polygon. Develop a frequency distribution graph, probability graph and a listing of all relative high readings. Plot all leak levels on digitized map showing the general locations of all relative high readings along with the flight pattern. Create final report to be sent to the cable company. The Flyover Company, LLC -4- TEST RESULTS Test results for the SANTA ANA, CA system test, which was flown at 2:39 AM on MARCH 17, 2007, with an FCC system score of 100% with 100% of the system being tested. The test signal was initiated at the La Mirada head end using a frequency of 133.2375 MHz. There were no signs of interference from ATC, navigational beacons, or RF transmission towers at this specific test frequency for this test area. The system was flown using a grid pattern as well as flying over single roads where the grid pattern was not applicable. Calibration of the receiver and dipole was conducted prior to the test in accordance with FCC procedures. TEST RESULTS DATA Sample points = 2,977 Points >10 uV/m = 0 Lowest Reading = 0.71 uV/m Highest Reading = 7.42 uV/m Average Intensity = 3.69 uV/m Major Leaks = 0 Moderate Leaks = 0 Minor Leaks = 6 FCC System Score (leaks <10 uV/m) =100% CONCLUSION The Flyover Company found that the system is in excellent condition after final assessment. The Flyover Company, LLC - 5 - LEAK ANALYSIS Major Leaks (Leaks measuring from 20 uV/m and above) There were no major leaks detected. Moderate Leaks (Leaks measuring from 10 uV/m —19 uV/m) There were no moderate leaks detected. SANTA ANA, CA Minor Leaks (Leaks measuring from normal system field strength to 9 uV/m. Leaks are not calculated into overall system score) There were six minor leaks detected. #1) 7 uV/m leak located at: N33.739290 W117.851950 #2) 7 uV/m leak located at: N33.618170 W117.931920 #3) 6 uV/m leak located at: N33.726530 W117.900430 #4) 6 uV/m leak located at: N33.74011 ° W117.882880 #5) 6 uV/m leak located at: N33.753640 W117.866430 #6) 6 uV/m leak located at: N33.742150 W117.832800 The Flyover Company, LLC - 6 - EXHIBIT C SANTA ANA, CA System Score 100% <10 uV/m Sample Points = 2,977 Highest Reading = 7.42 uV/m 0 - 9 uV/m 10 - 20 uV/m >20uV/m Exhibit C MARCH 17, 2007 E3 - 9 uV/m ■10-20uV/m 0 >20uVhn The Flyover Company, LLC PROBABILITY ANALYSIS SANTA ANA, CA 100% 80% m c 60% m L m IL 40% 20% 0% 0 Probability Graph for Santa Ana, CA. 2 3 4 5 6 7 8 Leak in NV/m SYSTEM ANALYSIS Leakage Groups SANTA ANA, CA 0>3.9 4>6.9 7>9.9 10+ Leakage in uV/m The Flyover Company, LLC -8- 2 8- CALIBRATION DATA Equipment Calibration Due Date Head -End Insertion Eauit)nent HP Signal Generator model 8647A-1 E5 Annual —12/21 /2007 HP Signal Generator model 8647A -1E5 Annual —12/21/2007 Test Eauiament Lindsay Calibration Antenna* Annual — 01/02/2008 Aircraft Antenna* Daily Comsonics Sniffer Sleuth — 001* Daily/Annual —12/21 /2007 Comsonics Sniffer Sleuth — 002* Daily/Annual —12/21/2007 Trilithic Band Pass Filter* Daily/Annual —12/21/2007 Wave -Tek Line SAM II Daily/Annual —12/21/2007 Laptop Computer N/A Specialized Leak Recorder Software N/A Garmin GPS WAAS Enabled WA * Daily calibration conducted prior to flyover test IAW FCC standards. The Flyover Company, LLC - 9 - MAP LEGEND MAPS 0-3 uV/m Track R 4-6 uV/m Track 7-9 uV/m Track 1 10 + uV/m Track Topographic Region Cable System Boundary Map 9 is a topographic map outlining the cable system with the associated leaks. Map 2 is a topographic map outlining the cable system with the associated colored leak data with flight track. Map 3-5 is a break up of maps for closer inspection. The Flyover Company, LLC j T7 - Digital Cable Channel Lineup a CABLE THE POWER OF YOU" 1 -888 -TW -CABLE (1-888-892-2253) www.TimeWamerCable.com/SoCal Code: 8448 4000 (230 320.340 .3,60) 1 You can find channels you're looking for two ways: All channels are listed numerically. You'll also find each channel listed alphabetically in the A -Z Channel Finder section. You'll also notice symbols next to some channels. These symbols correspond to each of the six digital tiers. 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