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e::ITY CLERK
File # rJllOlrsl[ilfSlfOl_
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: SEPTEMBER 3, 1996
SUBJECT:
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Televising of City Council Meetings
Report Prepared By: Steve Honse, Administrative Assistant
EXHmITS ATIACHED:
1. Agreement between the City of Dublin and 'Iii-Valley
Conununity Television for Taping and Broadcasting of
Dublin City CoWlcil Meetings for the Remainder of FISCal
Year 1996-97
RECoMMENDATION:
Authorize the Mayor to execute the Agreement.
FINANCIAL ST A TE:MENT:
The cost to televise Dublin City Council meeting for the
remainder of Fiscal Year 1996..97 is $7,800. Adequate funding
for these expenses exists in the Community Television Account.
DESCRIPTION:
.During the annual Goals and Objectives meeting held on February 21, 1996, the City Council requested
that staff review ways to televise City Council meetings on Tri.. Valley Community Television (CTV).
Televising City Council meeting was given a high priority by the City Council. The City's adopted 1996-
97 budget included appropriations of $8,910 for this purpose. This amount was based upon the use of
tripod..mounted cameras .at a cost of $365 per meeting and assumed 24 meetirtgs. At the City Council
meeting of August 13, 1996, the City COWlcil evaluated various camera placement options. Staff was
directed to prepare a contract with crv to provide taping from tripod locations and broadcast services for
the remainder of the fiscal year. The proposed agreement is attached as Exhibit "1".
As part of the process of preparing the proposed contract, City Staff met with cry's senior engineer to
identify any potential problems related to the taping operation. Based on the review, two c1arlfications
were made:
First, crv does not own video cable that is long enough to nm from the television van to two desired
camera locations. Rather than use less desirable camera "locations, staff agreed, subject to the approval of
the City COUDcil, to purchase two extension cables provided that the cost does not exceed $350. lbis
language is incorporated into the proposed contract.
crv staff noted that the sound quality will be dependent on the City~owned public address system. This
includes both the clarity of the person speaking as well as the physical operation of the City equipment.
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/ COPIES TO:
crv Board Members Edy Colman and Claudia McConnick, DarIa Stevens, CIVGeneral Manager
ITEM NO. t: 7
For example, if a counCilmemAt8if person, or citizen fails to speak in&e microphone or if a dais ..
microphone is not twned on, the sound quality will be affected. To clearly define responsibilities, the
proposed contract provides that it shall be the responsibility of the City to maintain all City-owned
equipment. crv will connect a direct audio feed to the City amplifiers located in the equipment room.
crv staff believe this should provide appropriate sound reproduction, provided. that the system is
operating.
RECOMMENDATION:
Staff reconunends that the City Council authorize the Mayor to execute the agreement.
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STANDARD CONTRACTUAL SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, California, as of September 3 , 1996,
by and between the CITY OF DUBLIN, a municipal corporation ("CITY") , and
TRI-VALLEY COMMUNITY TELEVISION, ("CTV" ) , who agree as follows :
1 . SERVICES. Subject to the terms. and conditions set forth in this
Agreement, CTV shall provide to CITY the services described in Exhibit A.
CTV shall provide said services at the time, place and in the manner
specified in Exhibit A.
2 . PAYMENT. CITY shall pay CTV for services rendered pursuant to
this Agreement at the time and in the manner set forth in Exhibit B. The
payments specified in Exhibit B shall be the only payments to be made to
CTV for services rendered pursuant to this Agreement . CTV shall submit all
billings for said services to CITY in the manner specified in Exhibit B;
or, if no manner be specified in Exhibit B, then according to the usual and
Lstomary procedures and practices which CTV uses for billing clients
similar to CITY.
3 . FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, CTV
shall, at its sole cost and expense, furnish all facilities and equipment
which may be required for furnishing services pursuant to this Agreement.
CITY shall furnish to CTV only the facilities and equipment listed in
Exhibit C according to the terms and conditions set forth in Exhibit C.
4 . GENERAL PROVISIONS . The general provisions set forth in Exhibit
D are part of this Agreement . In the event of any inconsistency between
said general provisions and any other terms or conditions of this
Agreement, the other term or condition shall control insofar as it is
inconsistent with the general provisions .
5 . EXHIBITS. All exhibits referred to herein are attached hereto
=mod are by this reference incorporated herein.
AGREEMENT
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6 . CONTRACT ADMINISTRATION. This Agreement shall be administered by
Richard Ambrose ("ADMINISTRATOR" ) . All correspondence shall be directed tc
or through the ADMINISTRATOR or his or her designee.
7 . NOTICES. Any written notice to CTV shall be sent to:
Tri-Valley Community Television
Attn: Darla Stevens, Executive Director
4663 Bernal Avenue, . Ste. B
Pleasanton, CA 94566
Any written notice to CITY shall be sent to:
City of Dublin, Attn: Richard Ambrose
100 Civic Plaza
Dublin, CA 94568
Executed as of the day first above stated:
CITY OF DUBLIN
a municipal corporation
By
"CITY"
Attest:
City Clerk
By
"CTV"
Approved as to form:
City Attorney
AGREEMENT
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EXHIBIT A
SCOPE OF SERVICES
CTV shall furnish all labor, materials, equipment tools and transportation,
services, appliances, and appurtenances for taping and broadcasting Dublin
City Council meetings . CTV shall commence taping Dublin City Council
meetings on September 3, 1996 and will tape all meetings through June 30,
1997 . CTV shall broadcast each Dublin City Council meeting on the day
following the meeting.
CTV shall employ a minimum of three tripod-mounted cameras, which will
allow for the coverage of speakers from the audience, a wide shot of the
^Zty Council, and individual shots of each City Council member and CITY
-bcaff..
CTV shall provide electronic titling of the mayor, each city council
member, and, to the greatest extent practical, staff members.
In the event that any modification, improvement, or maintenance to City
owned equipment is required in order to effectively videotape Dublin City
Council meetings, those expenses shall be borne by City, with the exception
that CTV will provide a qualified technician, at no cost to City, for the
purpose of providing technical information relating the videotaping
operation.
Exhibit A
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f 4
EXHIBIT B
PAYMENT SCHEDULE
CITY shall pay CTV at a rate of $365 for each Dublin City Council meeting
that CTV videotapes and broadcasts for a period beginning on September 3,
1996 and ending on June 30, 1997. Based upon a 20-meeting schedule, CITY
shall pay CTV a sum not to exceed Seven Thousand and Three Hundred dollars
($7, 300) . In the event that CITY requests that additional meetings be taped
and broadcast, CTV shall tape and broadcast those additional meetings at an
additional charge of $365 per meeting.
CITY shall also pay CTV a sum of $150 as a one-time charge for video tape
and a one-time charge, not to exceed $350, for two video camera extension
cords .
CTV shall submit quarterly invoices during the term of this Agreement .
CITY shall pay each quarterly invoice within forty-five (45) days after
completion of the services and submittal of an invoice to CITY, provided
that all services due pursuant to this Agreement have been satisfactorily
performed.
The total sum stated above shall be the total which CITY shall pay fore__"
the services to be rendered by CTV pursuant to this Agreement. CITY shall
not pay any additional sum for any expense or cost whatsoever_ incurred by.
CTV in rendering services pursuant to this Agreement.
CITY shall make no payment for any extra, further or additional
service pursuant to this Agreement unless such extra service and the price
therefor is agreed to in writing executed by the City Manager or other
designated official of CITY authorized to obligate CITY thereto prior to
the time such extra service is rendered and in .no -event shall such change
order exceed twenty-five (250) of the initial contract price.
The services to be provided under this Agreement may be terminated
without cause at any point in time in the sole and exclusive discretion of
CITY. In this event, CITY shall compensate the CTV for all outstanding
costs incurred as of the date of written notice thereof and shall terminate
this Agreement . CTV shall maintain adequate logs and timesheets in order
to verify costs incurred to date. -
Exhibit B
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1
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EXHIBIT C
CITY shall furnish physical facilities such as desks, filing cabinets,
and conference space, as may be reasonably necessary for CTV' S use while
consulting with CITY employees and reviewing records and the information in
possession of CITY. The location, quantity, and time of furnishing said
physical facilities shall be in the sole discretion of CITY. In no event
shall CITY be obligated to furnish any facility which may involve incurring
any direct expense, including, but not limiting the generality of this
exclusion, long-distance telephone or other communication charges,
vehicles, and reproduction facilities.
CTV agrees to provide all equipment, material and labor necessary to
cT-i.deotape all meetings of the Dublin City Council with the following
�__ceptions :
1. CITY agrees to purchase two (2) video camera extensions cords at a
cost not to exceed $350 .
2 . CITY agrees to pay all expenses associated with lighting and
acoustic equipment which is the property of CITY.
3 . CITY will pay CTV a fee, not to exceed $150 as a one-time charge
for video tape.
Exhibit C
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� V
EXHIBIT D
GENERAL PROVISIONS
1 . INDEPENDENT CONTRACTOR. At all times during the term of this-
Agreement, CTV shall be an independent contractor and shall not be an
employee of CITY. CITY shall have the right to control CTV only insofar as
the results of CTV'S services rendered pursuant to this Agreement; however,
CITY shall not have the right to control the means by which CTV
accomplishes services rendered pursuant to this Agreement .
2 . LICENSES: PERMITS : ETC. CTV represents and warrants to CITY that
he has all licenses, permits, qualifications and approvals of whatsoever
nature which are legally required for CTV to practice his profession. CTV
represents and warrants to CITY that CTV shall, at CTV' s sole cost and
expense, keep in effect at all times during the term of this Agreement any
licenses, permits, and approvals which are legally required for CTV to
practice his profession.
3 . TIME. CTV shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably necessary for satisfactory
performance of CTV'S obligations pursuant to this Agreement .
4 . INSURANCE REQUIREMENTS. CTV shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons '
or damages to property which may arise from or in connection with thee._.
performance of the work hereunder by the CTV, his agents, representatives,
employees or subcontractors. The cost of such insurance shall be included
in the CTV' S bid.
(a) Minimum Scope of Insurance. Coverage shall be at least as broad
as :
1. Insurance Services Office form number GL 0002 (Ed.l/73)
covering comprehensive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form
Comprehensive General Liability; or Insurance Services
Office Commercial General Liability coverage ("occurrence"
form CG 0001. )
2 . Insurance Services Office form number CA 0001 (Ed. 1/78)
covering Automobile Liability, code 1 "any auto" and
endorsement CA 0025 .
3 . Workers ' Compensation Insurance as required by the Labor
Code of the State of California and Employers Liability
Insurance.
Exhibit D
Page 1 of 5
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A
(b) Minimum Limits of Insurance. CTV shall maintain limits no less
than:
1. General Liability: $1, 000, 000 combined single limit per
occurrence for bodily injury, personal injury and property
damage. If commercial General Liability Insurance or other form
with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required
occurrence limit.
2 . Automobile Liability: $1, 000, 000 combined single limit per
accident for bodily injury and property damage. -
3 . Workers' Compensation and Employers Liability: Workers '
Compensation limits as required by the Labor Code of the State of
California and Employers Liability limits of $1, 000, 000 per
accident.
(c) Deductibles and Self-Insured Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the
CITY. At the option of the CITY, either the insurer shall reduce
or eliminate such deductibles or self-insured retentions as
respects the CITY, its officers, officials and employees; or the
CTV shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense
expenses.
(d) Other Insurance Provisions. The policies are to contain, or be
endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages.
a. The CITY, its officers, officials, employees and
volunteers are to be covered as insureds as respects :
liability arising out of activities performed by or on
behalf of the CTV; products and completed operations of
the CTV, premises owned, occupied or used by the CTV,
or automobiles owned, leased, hired or borrowed by the
CTV. The coverage shall contain no special limitations
on the scope of the protection afforded to the CITY,
its officers, officials, employees or volunteers.
b. The CTV'S insurance coverage shall be primary insurance
as respects the CITY, its officers, officials,
employees and volunteers . Any insurance or self-
insurance maintained by the CITY, its officers,
officials, employees or volunteers shall be excess of
the CTV' S insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to the
CITY, its officers, 'officials, employees or volunteers.
Exhibit D -
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d. The CTV' S insurance shall apply separately to each
insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer' s
liability.
2 . Workers ' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation
against the CITY, its officers, officials, employees and
volunteers for losses arising from work performed by the CTV
for the CITY.
3 . Professional Liability.
CTV shall carry professional liability insurance in an
amount deemed by the CITY to adequately protect the CTV
against liability caused by negligent acts, errors or
omissions on the part of the CTV in the course of
performance of the services specified in this Agreement.
4 . All Coverages.
Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in
limits except after thirty (30) days ' prior written notice
by certified mail, return receipt requested, has been given
to the CITY.
(e) Acceptability of Insurers . Insurance is to be placed with
insurers with a Bests ' rating of no less than A:VII .
(f) Verification of Coverage. CTV shall furnish CITY with 'V
certificates of insurance and with original endorsements
effecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements are- to be received and approved
by the CITY before work commences. The CITY reserves the right
to require complete, certified copies of all required insurance
policies, at any time.
(g) Subcontractors. CTV shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and
endorsements for each subcontractors. All coverages for
subcontractors shall be subject to all of the requirements stated
herein. '
(h) The Risk Manager of CITY may approve a variation in those
insurance requirements upon a determination that the coverages,
scope, limits and forms of such insurance are either not
commercially available or that the CITY' s interests are otherwise
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fully protected.
Exhibit D
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5 . CTV NO AGENT. Except as CITY may specify in writing, CTV shall have
no authority, express or implied, to act on
behalf of CITY in any capacity whatsoever as an agent. CTV shall have
no authority, express or implied, pursuant to this Agreement to bind
CITY to any obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any
right or obligation pursuant to this Agreement . Any attempted or
purported assignment of any right or obligation pursuant to this
Agreement shall be void and of no effect .
7. PERSONNEL. CTV shall assign only competent personnel to perform
services pursuant to this Agreement . In the event that CITY, in its
sole discretion, at any time during the term of this Agreement,
desires the removal of any such persons, CTV shall, immediately upon
receiving notice from CITY of such desire of CITY, cause the removal
of such person or persons.
B. STANDARD OF PERFORMANCE. CTV shall perform all services required
pursuant to this Agreement in the manner and according to the
standards observed by a competent practitioner of the profession in
which CTV is engaged in the geographical area in which CTV practices
his profession. All instruments of service of whatsoever nature which
CTV delivers to CITY pursuant to this Agreement shall be prepared in
a substantial, first class and workmanlike manner and conform to the
standards of quality normally observed by a person practicing in CTV's
profession.
9. HOLD HARMLESS AND RESPONSIBILITY OF CTV. CTV shall take all
responsibility for the work, shall bear all losses and damages
directly or indirectly resulting to him, to any subcontractors, to the
CITY, to CITY officers and employees, or to parties designated by the
CITY, on account of the performance or character of the work,
unforeseen difficulties, accidents, occurrences or other causes
predicated on active or passive negligence of the CTV or any
subcontractor. CTV shall indemnify, defend and hold harmless the
CITY, its officers, officials, directors, employees and agents from
and against any or all loss, liability, expense, claim, costs
(including costs of defense) , suits, and damages of every kind, nature
and description directly or indirectly arising from the performance of
the work. This paragraph shall not be construed to exempt the CITY,
its employees and officers from its own fraud, willful injury or
violation of law whether willful or negligent . For purposes of
Section 2782 of the Civil Code the parties hereto recognize and agree
Exhibit D
Page 4 of 5 .
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that this agreement is not a construction contract . By execution of
this agreement CTV acknowledges and agrees that he has read and
understands the provisions hereof and that this paragraph is
material element of consideration.
Approval of the insurance contracts does not relieve the CTV or
subcontractors from liability under this paragraph.
10 . GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be
funded by fiscal assistance from another governmental entity, CTV
shall comply with all applicable rules and regulations to which CITY
is bound by the terms of such fiscal assistance program.
11. DOCUMENTS . All reports, data, maps, models, charts, studies, surveys,
photographs, memoranda or other written documents or materials
prepared by CTV pursuant to this Agreement shall become the property
of CITY upon completion of the work to be performed hereunder or upon
termination of the Agreement.
Exhibit D
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