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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. 3 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 4 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