HomeMy WebLinkAbout3126 RESOLUTION NO. 3 1 ~ 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
CABLE TELEVISION CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY
AND 3-H CABLE COMMUNICATIONS CONSULTANTS FOR 2000.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
Section 1. The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute a Cable Television Consultant Services Agreement between the
City and 3-H CABLE COMMUNICATIONS CONSULTANTS for 2000. A copy of said
Agreement is attached hereto and denominated Exhibit "A" and incorporated herein.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Resolution No. 3126
10/28/99
Page 1
DATED and SIGNED this 15th day of November, 1999.
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
ATTEST:
Daskam~/~~
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution No. 3126
10/28/99
Page 2
TELECOMMUNICATIONS CONSULTANT SERVICES AGREEMENT
This Agreement made and entered into this 1st day of January, 2000 by and between
3-H Cable Communications Consultants (hereinafter "Consultant") and the City of Auburn,
a municipal corporation organized and existing under and by virtue of the laws of the State
of Washington (hereinafter "City"). The terms "franchise agreement", "Ordinance",
"Ordinances", and "franchise ordinance" shall refer to Auburn's Master Cable Television
Ordinance and its Cable Television Franchise Agreement.
CONSULTANT AND CITY, FOR THE CONSIDERATION HEREINAFTER SET
FORTH, PROMISE, COVENANT AND AGREE AS FOLLOWS:
I. Project and Scope of Work: Consultant shall do, perform, or cause to be done and
performed in a good and professional manner the following described work in
accordance with all applicable state, federal and City laws, in a workmanlike manner
consistent with accepted practices for other similar services. This contract shall be
governed by the laws of the State of Washington.
A. Cable Television:
1. Performance Analysis. Consultant shall inspect and analyze the technical
and operational effectiveness of the City's present cable television franchise. A
report of such findings shall be made to the Mayor or his designee upon the
determination by the Consultant that non-compliance with the City Ordinance and/or
FCC regulations exists.
2. Upgrade Evaluation. Consultant shall inspect and verify that all features
proposed by the cable operator and duly adopted by ordinance are constructed and/or
performed in a workmanlike manner on a time basis. This will include, but not be
limited to such items as type and quality of new components, workmanship of new
construction, line extension density, system leakage, channel capacity, local access
equipment, public connections, rates and programming. A report of any deficiencies
discovered will be made immediately to the Mayor or his designee.
3. Consumer Protection and Complaints. Consultant shall assume
responsibility for reviewing and promptly responding to all public inquiries
regarding cable television services. Consultant shall make every effort to bring such
inquiries of complaints to a satisfactory conclusion by negotiation with the cable
operator whenever possible. On-site inspection of areas of dispute will be
performed when necessary for reconciliation between the citizen and the cable
operator.
4. Senior CitizerdDisabled Person Discounts. Consultant shall be
responsible for certifying to the cable operator(s) that applicants meet age and income
limitations incorporated in Washington State guidelines.
5. Ordinance Compliance. Consultant shall monitor time or other
triggering criteria when appropriate that will permit the City to request additional non-
entertainment features such as Public, Educational and Government (PEG) access and
implementation of Institutional Networks (I-Nets). Additionally consultant will
analyze and prepare report on such periodic reports from the operator that may be
required by the Franchise Agreement.
6. Compliance With the Cable Television Consumer Protection and
Competition Act of 1992. Analyze cable operator's initial and subsequent
submissions and justifications for determination of maximum permitted rates for
Exhibit "A", Resolution 3126 1
regulated cable services, FCC benchmark tables and other FCC guidelines including,
but not limited to, generally accepted accounting principles, justifications of cost of
services, external pass through and, if appropriate, GNP-P1 configurations.
Based upon these assessments and consistent with FCC regulations, Consultant
shall advise Auburn to either:
a. Approve submitted rates.
b. Disapprove in whole or in part and either: 1. Order a refund.
2. Prescribe reasonable rates.
This function shall also include verifying operator adherence to FCC regulations
such as carriage, positioning and must-carry restrictions as well as consumer
relations minimums and mandated technical specifications. Consultant will also
recommend fines or monetary forfeitures if allowable or appropriate in event of non-
compliance
7. Access Utilization. Consultant shall review the status of citizen,
educational and governmental use of the access channels provided. Such review will
include the monitoring of the availability of such channels, time allocations provided
for such use, and equitable sharing arrangements made by the franchisee.
8. Collection of Franchise Fees. Consultant shall determine through
comparative analyses and audits, if required, that the franchisee is paying fully such
fees as mandated by ordinance. Consultant shall follow up on delinquent payments
if necessary, in order to ensure prompt and complete payment of such fees on a
timely basis.
B. Right of Way: Consultant shall do, perform, or cause to be done and
performed in a good and professional manner the following described work in
accordance with all applicable state, federal and City laws, in a workmanlike manner
consistent with accepted practices for other similar services.
1. Telecommunication Documents. Consultant shall work with the City
staff to develop a broad plan for the administration of telecommunication providers.
Consultant will additionally assist in the drafting of any formal changes to or
additional to the Cities Master Telecommunications Plan.
2. Coordination with City Staff. Consultant shall work with the City staff
to insure coordinated efforts with those departments within the City responsible for
permitting, inspection and coordination of Telecommunications Facilities and the
enforcement of City Ordinances.
3. Telecommunications Providers. Consultant shall assume responsibility
for all correspondence with entities interested in providing telecommunications
services or constructing telecommunications facilities within the City. Consultant
will additionally answer all questions regarding telecommunications operations and
assist any potential providers with their inquires including Telecommunications
registrations, leases, or right of way agreements and franchises.
4. Upon the submittal of a formal application for a telecommunication
leases, or fight of way agreements or franchise, consultant shall insure all
appropriate documents have been received to enable the City to consider the
application. Consultant will follow up to make sure any information missing is
subsequently provided.
Consultant will negotiate on behalf of the City with an applicant to develop a
final agreement which will be forwarded onto staff for their review and final
submission to the City Council for final action.
Consultant will attend all meetings to answer questions as necessary.
C. Documents. Consultant shall assume responsibility for the development
and maintenance of current system maps showing the status of upgrading and
locations of such efforts and other projects. Consultant shall maintain records of
subscriber charges, channel allocations, performance tests, citizen's complaints as
well as all other franchise records.
D. Bond and Insurance. Consultant shall maintain a complete record of all
bonds and insurance required by the franchise ordinances. Consultant shall
immediately advise the City of any default of any such requirements. Consultant
shall monitor performance bonds to make recommendations, if necessary, to the City
of any cause to exercise City options in the case of non-performance.
E. FCC Regulations. Consultant shall maintain and update a file of FCC
regulations as they pertain to municipal franchise procedures. Consultant shall
advise the City as to any significant change or modifications to these or any other
Federal or State legislation applicable.
F. Other Reports. Consultant shall prepare reports on other matters of
importance to cable television franchise and Telecommunicatoin administration as
they occur. These will include, but not be limited to, such items as changes in
federal or state law, technological improvements effecting cable operations, financial
information pertinent to the local system, new programming and similar
developments.
G. Newsletter. Consultant shall furnish appropriate members of the City
government with a quarterly newsletter. This publication shall provide news and
information of present and contemplated issues that may affect municipal cable
television administration.
H. Annual Reports. Consultant shall furnish a report to the City not less than
once in a 12 month period, reviewing, analyzing and commenting upon activities in
this field during this period
II. Duration of Services: The term of this contract shall begin upon the date of
acceptance aforementioned and shall expire on the last day of the 12th month
following such date.
III. Fee for Consulting Services. For the performance of all services described,
including transportation, lodging, meals and incidental expenses the City shall pay
the Consultant a fixed fee of Twenty-Nine Thousand One Hundred Seventy-Five
Dollars. ($29,175.00).
IV. Invoicing Procedure: Invoice shall be presented to the City by the Consultant on a
quarterly basis. The first payment will be payable at the fn'st of the month following
the date of the effect of this agreement. Subsequent invoices for the quarterly charge
will be submitted by the Consultant every ninety (90) days thereafter and payment
will be made within thirty (30) days of presentation of the invoice.
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V. Termination by the City: If the City decides to cancel the project, or if the Consultant
does not perform to the satisfaction of the City, or if Consultant refuses or fails to
provide required assistance or otherwise violates a provision of this contract, then
the City may recommend that sufficient cause exists to justify such action and may,
without prejudice to any fight or remedy of Consultant, after giving Consultant five
(5) days' written notice terminate this contract and take possession of all records and
data pertaining to this project.
VI. Successors and Assigns: The City and the Consultant each binds himself to the
other party hereto in respect to all covenants, agreements, and obligations contained
in this contract. Neither party to the contract shall assign the contract or sublet it, in
part or as a whole, without the written consent of the other.
VII. Independent Contractor: It is understood and agreed that the Consultant is, and shall
be, acting at all times as an independent contractor herein and not as an employee of
the City. The Consultant shall secure at his expense, and be responsible for any and
all payment of income tax, social security, state disability insurance compensation,
unemployment compensation, and all other payroll deductions for the Consultant and
his officers, agents and employees and all business license, if any, in connection
with the services to be performed hereunder. In connection with the execution of the
Agreement, Consultant shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex or national origin.
VIH. Subcontractors: The names of subcontractors submitted at the time of the
submission of the bid proposal to the City shall be assumed to be the subcontractors
which the Consultant shall use for work required to be done under the contract
documents. The Consultant shall make no substitution for any subcontractor,
person, or entity previously selected if the City makes a reasonable objection to such
substitution. Consultant shall not contract with any subcontractor to whom City has
made reasonable objection. Consultant shall not be required to contract with anyone
to whom he has made reasonable objection.
IX. Ownership of Reports and Documents: The Consultant agrees that any and all
drawings, computer discs, documents, records, books, specifications, reports,
estimates, summaries and such other information and materials as the Consultant
may have accumulated, prepared or obtained as part of providing services under the
terms of this Agreement by the Consultant, shall belong to and shall remain the
property of the City of Auburn. In addition, the Consultant agrees to maintain all
books and records relating to its operation and concerning the Agreement for a
period of six (6) years following the date that this Agreement is expired or otherwise
terminated. The Consultant further agrees that the City may inspect any and all
documents held by the Consultant and relating to this Agreement upon good cause at
any reasonable time within the six (6) year period. The Consultant also agrees to
provide to the City at the City's request, the originals of all drawings, documents,
and items specified in this Section and information compiled in providing services to
the City under the terms of the Agreement. Reuse by the City of any of the
drawings, computer discs, documents, records, books, specifications, reports, and
summaries.
X. Indemnification: The Consultant shall indemnify, defend and hold harmless the
City, its agents and employees, from and against any and all liability arising from
injury or death to persons or damage to property resulting in whole or in part from
acts or omissions of the Consultant, its agents, servants, officers or employees,
irrespective of whether in connection with such act or omission it is alleged or
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claimed that an act of the City, or its agents or employees caused or contributed
thereto. In the event that the City shall elect to defend itself against any claim or suit
arising from such injury, death or damage, the Consultant shall, in addition to
indemnifying and holding the City harmless from any liability, indemnify the City
for any and all expense incurred by the City in defending such claim or suit including
attorney's fees.
XI. Rights and Remedies: The duties and obligations imposed by this contract and the
rights and remedies available hereunder shall be in addition to and not a limitation of
any duties, obligations, rights and remedies otherwise imposed or available by law.
No action or failure to act by the City or Consultant shall constitute a waiver of any
right or duty afforded any of them under the contract; nor shall any action or failure
to act constitute an approval of or acquiescence thereto unless specifically agreed to
by both parties in writing.
XII. Notice: Written notices shall be deemed to have been duly served if delivered in
person to the individual or entity for whom it was intended, or if delivered at or sent
by registered or certified United States mail to the last business address known to
him who gives the notice.
All notices and requests shall be addressed to the City and the Consultant as follows:
C1TY: Aubum City Hall
25 West Main Street
Auburn, WA 98002
CONSULTANT: 3-H Cable Communications Consultants
504 East Main Street
Auburn, WA 98002
r v : 3-H Cab Co u ' ati s Consultants
torV
City Attomey
ATYEST: City of Aubum ~Q~~
ierkt Mayor