REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 27, 2023
FROM
CHAD NOTTINGHAM, Interim Director, Land Use Services Department
SUBJECT
Title
Letter of Intent with Conveyor Media, LLC for Negotiating Participation in an Unscripted Television Series
End
RECOMMENDATION(S)
Recommendation
Approve non-financial Letter of Intent with Conveyor Media, LLC, including a non-standard term, to establish terms and timeline for negotiation of a formal agreement, for access and participation of San Bernardino County in connection with the production of an unscripted television series, for the one-year period of June 27, 2023 through June 27, 2024.
(Presenter: Chad Nottingham, Interim Director, 387-4431)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). The item includes a non-financial Letter of Intent that establishes a one-year period of time for San Bernardino County (County) and Conveyor Media, LLC (Producer) to negotiate a formal agreement in connection with the County’s participation in the production of an unscripted television series that follows along code enforcement officers as they do their job. Except with respect to confidentiality and exclusivity of the County’s nonparticipation in a similar type of television series during the term of the Letter of Intent, the Letter of Intent is non-binding on either party unless, and until, a formal agreement is executed.
BACKGROUND INFORMATION
Producer is in negotiations with a television network to produce an unscripted television series that follows along code enforcement officers as they do their job (Program). Producer intends the first season of the Program will be set primarily in the County and has approached the Land Use Services Department, Code Enforcement Division (Department), to be a participant in the Program. Participation in the Program would include authorizing Producer and its production personnel permission to enter upon and record facilities, property, and Department staff in connection with code enforcement activities, subject to the terms of a future agreement.
The purpose of the Letter of Intent is to set forth the basis and timeline for the negotiation of a formal agreement, should the County agree to participate in the Program. The Letter of Intent provides a one-year time frame for the parties to formally enter into an agreement otherwise the Letter of Intent will expire. The Letter of Intent requires the County to agree to an exclusivity clause that it will not enter into any discussions, negotiation, or binding obligations with any third-party regarding the development of, or participation in, a similar type of television program during the one-year term of the Letter of Intent.
Per County Policy 11-05, agreements containing non-standard terms must be approved by the Board. The Letter of Intent with Producer includes a term that differs from the standard County agreement. The non-standard term is the following:
1. The term of the Letter of Intent is 12 months from the effective date of the Letter of Intent or until a formal agreement is executed, whichever is sooner, unless both parties agree in writing to terminate it earlier.
• The County’s standard term is that the agreement should be unilaterally revocable by the County subject to 30 days advance notice.
• Potential Impact: Agreeing to this term prevents the County from unilaterally cancelling the Letter of Intent; however, the County is not required to enter into a formal agreement by the expiration of the Letter of Intent.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Daniel Pasek, Deputy County Counsel, 387-5455) on June 13, 2023; Finance (Penelope Chang, Administrative Analyst, 387-5412) on June 2, 2023; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on June 6, 2023.