HomeMy WebLinkAbout2728 RESOLUTION NO 2 7 2 8
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
4 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
CABLE TELEVISION CONSULTANT SERVICES AGREEMENT BETWEEN THE
5 CITY AND 3-H CABLE COMMUNICATIONS CONSULTANTS
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7 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
8 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT
9 section 1, The Mayor and City Clerk of the City of
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Auburn are herewith authorized to execute a Cable Television
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Consultant Services Agreement between the City and 3-H CABLE
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13 COMMUNICATIONS CONSULTANTS A copy of said Agreement is
14 attached hereto and denominated Exhibit "A" and incorporated
15 herein
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Section 2 . The Mayor is hereby authorized to implement
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18 such administrative procedures as may be necessary to carry
19 out the directives of this legislation
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Resolution No 2728
March 14, 1996
Page 1
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1 DATED and SIGNED this 18th day of March, 1996
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4 CITY OF AUBURN
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CLas Q4 (1
CHARLES A BOOTH
8 MAYOR
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11 ATTEST
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14 ?tl� h W g ��L,I'�(�C-LY'v
Robin Wo lhueter,
15 City Clerk
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18 APPROVED AS TO FORM
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21 Michael J Reynolds,
City Attorney
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Resolution No 2728
March 14, 1996
Page 2
CABLE TELEVISION CONSULTANT SERVICES AGREEMENT
This Agreement made and entered into this 1st day of January, 1996 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.
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. 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.
B 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 timely 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.
C 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.
D Senior Citizen/Disabled 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.
E 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 reports on
such periodic reports from the operator that may be required by the Franchise Agreement.
F 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 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 throughs and, if appropriate, GNP-
P1 configurations.
; aal
Based upon these assessments and consistent with FCC regulations, Consultant shall
advise Auburn to either:
1 Approve submitted rates.
2 Disapprove in whole or in part and either
a. Order a refund.
b. 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 relation minimums and
mandated technical specifications. Consultant will also recommend fines or monetary
forfeitures if allowable or appropriate in event of non-compliance.
G 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.
H 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.
I 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.
J 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.
K 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.
L. 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.
M. 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.
N Other Reports. Consultant shall prepare reports on other matters of importance to
cable television franchise 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
programing and similar developments.
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.
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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 Seventeen Thousand One Hundred Twenty-Three Dollars ($17,123).
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 first 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.
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 right 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.
VIII. 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: Original documents, drawings, designs, and reports
developed under this contract shall belong to and become the property of the City
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 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.
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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:
CITY Auburn City Hall
25 West Main Street
Auburn, WA 98002
CONSULTANT 3-H Cable Communications Consultants
504 East Main Street
Auburn, WA 98002
• pproved as to fo1 3-H Cable omm ! at ens Consultants
N1i
..� ; By Al
City Attorney Lon S q 4 7.•./Director
ATTEST City of Auburn
ln¢ t�� _ �a . 1.4.4 a. AA_ By oa
City Clerk Mayor
44,,I,71
a-7 3-Y
ACOIU a `CERTIFICATE OF INSURANCE _. .. DA'E(MWDDNY)
10/05/95 .:
PRODUCER THIS CERTIFICATE IS ISSUED AS A .MATTER OF INFORMATION
DON SWANSON INSURANCE INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
4711 44TH AVE SW ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW.
P 0 BOX 16408 COMPANIES AFFORDING COVERAGE
SEATTLE WA 98116 COMPANY
A WEST AMERICAN INSURANCE CO.
INSURED �RR P^,04 1996
3-H MANAGEMENT & CONSULTANTS B
DBA CABLE COMMUNICATIONS ' OL1
502 E MAIN STREET ' 6""�UBURN - :� Tn
AUBURN WA 98002 CITYCcars OFFICE;.
I D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE POLICY EXPIUTION LIMA
LTR DATE(YMIDDNY) DATE(MADNYI
A GENERALLIASILTTY 52010466 09/25/95 09/25/96 GENERAL AGGREGATE $1, 000 , 000
X COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OP AGG S1, 0 0 0, 0 0 0
CLAIMS MADE X OCCUR PERSONAL B ADV INJURY S1 0 0 0, 0 0 0
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE s2 , 000, 000
FIRE DAMAGE(Arty one lire) S 50, 000
MED EXP(Any one person) S 5, 000
AUTOMOBILE LIABILITY
ANY AUTO COMBINED SINGLE LIMIT S
ALL OWNED AUTOS
BODILY INJURY S
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE S
GARAGE LIABILITY AUTO ONLY EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY: - - .. ..
EACH ACCIDENT S
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
_UMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FORM ,y
WORKERS COMPENSATION AND STATUTORY LIMITS .,.
EMPLOYERS'LIABILITY
EACH ACCIDENT $
THE PROPRIETOR/ INCL DISEASE POLICY LIMIT S
PARTNERS/EXECUTIVE —
OFFICERS ARE: EXCL DISEASE EACH EMPLOYEE $
OTHER
DESCRIPTION OF OPERATONSILOCATIONSNEHICLES/SPECULL ITEMS
CERTIFICATE'HOLDER -- - . . 'CANCELLATION • -. . - .. .. .. . . . ..
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF AUBURN EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MALL
ATTN RISK MANAGEMENT 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
25 WEST MAIN BUT FALLURE TO MALL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LABILITY
ALUBURN, WA 98001 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORCED REPRESENTATIVE
Don Swanson Jf61L/,iz(/-ejjj A�•.•NI� A
ACORD.2$S (3/43)', - . . . ... . .. ...... ..... . .-...... ... . eh ACO PORATION-.1993
Gib'of
CHARLES BuVnLNI11OR _ 1i� AUBURN CITY ATTORNEY
hhchacl J Rcrnolds Cllr 4lmnio 25 West Main, Auburn WA 98001-4998
Judith C.Aunuan. Assist ud Cll■ Allorne\
Karen C Gulliver_Proscculnr (206) 931-3030
hingt
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full, true and correct copy of
Resolution No. 2728 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO "
I certify that said Resolution No 2728 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the 18th day of March, 1996
Witness my hand and the seal of the City of Auburn this 18th day of April, 1996
4714774-}
Robin Wohlhueter
City Clerk
City of Auburn