HomeMy WebLinkAbout1931 a
1 RESOLUTION N0, 1 9 3 1
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO
3 EXECUTE A CONTRACT FOR CONSULTANT SERVICES BETWEEN 3-H CABLE
COMMUNICATIONS CONSULTANTS AND THE CITY OF AUBURN, FOR
4 CONSULTANT SERVICES REGARDING THE CATV FRANCHISE.
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THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING
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DULY ASSEMBLED, HEREWITH RESOLVES THAT:
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THE Mayor and City Clerk of the City of Auburn, Washington, are herewith
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authorized to execute a Contract for Consultant Services between 3-H CABLE
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COMMUNICATIONS CONSULTANTS and the CITY OF AUBURN for consultant services
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regarding the CATV franchise. A copy of said Contract is attached hereto,
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denominated as Exhibit "A" and made a part hereof as though set forth in full
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herein.
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THE Mayor is hereby authorized to implement such administrative procedures
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as may be necessary to carry out the directions of this legislation.
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DATED and SIGNED this 6th day of February, 1989.
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17
C Y OF AUBU
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19
MAYOR
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21 ATTEST:
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23 &LL-Lt)W-1�
Robin Wohlhueter, City Clerk
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25
APPROVED AS TO FORM:
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2
28 Margu rite Schellentrager, City Attorney
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31 Resolution No, 1931
1/24/89
32
CONTRACT FOR CONSULTANT SERVICES
Community Antenna Television Franchise Management
This Agreement made and entered into this 1st day of Tanuary 1989
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").
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. Performance Analysis. Consultant shall inspect and analyze the
technical and operational effectiveness of the City's present CATV franchise.
A report of such findings shall be made to the City Council or its
designee on an annual basis or upon the determination by the Consultant that
non-compliance with the City Ordinance and/or FCC regulations exists.
S. 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
City Council or its designee.
C. Consumer Protection and Complaints. Consultant shall assume
responsibility for reviewing and promptly responding to all public inquiries
regarding CATV 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. In order to
provide expeditious service a 24 hour answering service will be maintained by
the Consultant.
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D. 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.
E. 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.
F. 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.
G. Bond and Insurance. Consultant shall maintain a complete record
of all bonds and insurance required by the franchise ordinance. 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.
H. 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.
I. 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 CATV administration.
II. Duration of Services:
A. Duration. 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:
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25% of gross franchise fees at 3% payment
20% of gross franchise fees at 4% payment
15% of gross franchise fees at 5% payment
_% of gross franchise fees at _% payment
This has been calculated out and will not exceed $9,086.88.
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
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property of the City.
X. Claims for Damages: Should either party to the contract suffer injury or
damage because of any act or omission of the other party or of his employees, agents
for whose acts he is legally liable, claims shall be made in writing to such other parties
within a reasonable time after the first observance of such injury or damages.
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
Auburn, WA 98002
CONSULTANT: 3-H Cable Communications Consultants
4517 California Avenue S.W., Suite B
Seattle, WA 98116
Approved at to form: 3-H Cable CV ons Consultants
J�N�a� �, r—�" By
City Attorney n A. , esident/Director
ATTEST: City of Aubur
By
City Clerk Mayor
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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. 1931 of the
resolution of the City of Auburn, entitled "A RESOLUTION. "
I certify that said Resolution No. 1931 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the 6th day of February A.D. , 1989.
Witness my hand and the official seal of the City of
Auburn this April 26, 1989, A.D.
�j kA al
Robin Wohlhueter
City Clerk
City of Auburn
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JUN, 5 ' 89 - 14:30 TCl DENVER (303)779-1228 P. 2/ 2
-- — - - DEPT, (TX) : CORPORATE---I
. CST MATE. OF � Is1uE DATE(MM/DWYY)
12-30-88 f
PROnuCiA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS M
EDWARD JACOBS & COMPANY NO RIGHTS UPON THE CERTIFICATE MOLDER.THIS CERTIFICATE DOES NOT AMEND,
SPECIAL RISKS DIVISION , EXTEND OA ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
477 NINTH AVENUE, SUITE 107
SAN MATEO, CA 94402 COMPANIES AFFORDMGi COVERAGE
�R A INS. COMPANY OF NORTH AMERICA
ON* 61,184DODE
COMPANY PACIFIC EMPLOYERS
ON LETTER
TCaI OF AUBURN, INC.
;REGENCY PLAZA ONE LET�TO C
4643 SOUTH ULSTER $TRFET COWANY
DENVERF COLORADO 80237 Lrrm D
COMPANY E
LETTER
T1418 IS TO CERTIFY THAT YH£P01,101E5 OF RY ~110t LWrED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POOCY PERIOD
j INDICATED.NOTWITHSTANDING ANY REOW41CMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.TNk INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF R(1UAANC6 POLICY MJMil61 9AT9 M��Y) DATE fMMMOIYY)M ALL UWTS IN n>MSND2
GCORML LMeiLRY MNERAL AGGREGATE i
A X COMMERCIAL GENERALLIASIL(TYXSL Gl 109085-0 01-01-89 0101-90 PRODUCTS.COMPIOPSAGGREGATE { 500
CLAIMS MADE X OCCUR. PERSONAL i ADVERTISING INJURY f 500
' X OwNER'8 A CONTRACTOR'S PACT. EACH OCCURRENCE 1 Soo
FIRE DAMAGE IAnY OM IfM { 50
MEDICAL EXPENSE(Any OM WW) 1 5
MnONOBRJE LIABILITY COM4(NED
1A X ANY AUTO ISA 2017 01-01-89 01-01-90 SINGLE i 1000
ALL OWNED AUTOS
eoDlLr
I SCHEDULED AUTO$ (rir pro {
HIRED AUTOS N URY { 1000
NON4MNE0 AUTOS NP aftwom
GARAGE LIABILITY
DAA ''ET { 1000
EXOM LAABII.ITY CACH AGGREGATE
OCCURRENCE
= OTHER THAN UMCAELLA FORM
{ WORKER'S OOMPENIATIO d STATUTORY
'$
AND CCS C3 234757-5 01-01-89 01-01-90 i 1000 (EACMACCCENn
I
1 EMPLOYERS'LIABILITY i 1000 (DISEASE—POLICY LIMB)
! C 1000 (DISEASE—EACH EMPLOYE
OTHER
1
DOOM""OF RVIIN CITY OF AUBURN
)CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED ON THE GENERAL LIAR.
:POLICY ABOVE, IF REQUIRED BY WRITTEN CONTRACT.
I
NaEwa
BHOULD ANY OF THE ABOVE DESCRIBED POLICIES B£ CANCELLED BEFORE THE
';CITY OF AUBURN EXPIfMATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
2 5 WEST MAIN MAIL 1-0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
AUBURN, WA 98002 LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
ATTN i BILL COVINGTON LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES,
AUTHORIZED REPMANTATPA
CRAIG J. NELSON — VICE PRESIDENT
I! ACOM 45.8(3M) OACORD OORPORATON 1988
INK INSURANCE COMPANY OF NORTH AMERICA
Philadelphia, Pennsylvania 19101
RIDER
To be attached to and form part of Bond No. KO 16 o4 958 dated the 13th
day of May y 19 83 and on behalf of GROUP W CABLE, INC.
in favor of CITY OF AUBURN, WASHINGTON
• It is understood and agreed that the name of the Principal be changed
FROM: GROUP W CABLE, INC.
TO: GWC AUBURN, INC.
;-Nothing herein contained shall serve to waive, alter, modify or extend any of
the terms and conditions of the subject bond other than as herein expressly set
forth.
IN WITNESS WHEREOF, the Principal and Surety have caused this instrument to
be duly signed and sealed this 29th day of December 19 86
WITNESS OR ATTEST:
GROUP W BLE INC. (Seal)
by:_ ( _� ( �ea l)
INSURANCE COMPANY OF NORTH AME 1'CA
By
Shari K. Jones , Attorney-in-fact
INSURANCE COMPANY OF NORTH AMERICA, PHILADELPHIA.PENNSYLVANIA
• Bond No. K01604958
KNOW ALL MEN BY THESE PRESENTS: I
' That we, Group W Cable , Inc.
as Principal (hereinafter called "Principal" or "Licensee") and the
Insurance Company of North America a corporation ornanizrd
! under the laws of the State of Pennsylvania having its principii
place of business at 127 John treet, New York, New York ,
and duly authorized to transact business in the State of Florida
as Surety (hereinafter called "Surety") are held and firmly bound unto
Tilly of Auburn _ Wa ah i ngt-nn as Obligee
(hereinafter called "Obligee"-or "Licensor" ) in the sum of Ten Thousand
and 00/100--------- (S1n _ 000) Dollars, for which payment, well and
truly to be made , we bind ourselves, our heirs, executors, administrators
and assigns , jointly and severally firmly by these presents.
SIGNED, sealed and dated this 13th day of May 19 83
WEPREAS , the Principal (or Licensee) has e»Lered into a wr i Llcn
agreement dated with the Obligee, (or Licensor) to
contract community antenna television distribution service for deliver�-
via cable to residents of rifY pf Auhijr and adjacent
areas and intends to erect and maintain aeria cables, wires, and associated
appliances throughout the area to be served and desires to attach such
cables , wires, and appliances to poles of Licensor in accordance with the
terms and conditions contained in said agreement.
NOW, TIIERr17ORE, the condition of this oblitation is such that if the
Principal (or Licensee) shall faithfully perform all of its obligations
in accordance with the terms and conditions of said agreement ans shall well
and truly indemnify and save harmless the Obligee (or Licensor) from any
pecuniary loss resulting from the breach of the terms and conditions of
said agreement , on the part of said Principal (or Licensee) , then this
obligation shall be void, otherwise to remain in full force and effect. '
PROVIDED, HOWEVER, it shall be a condition to any riqht or recovery
hereunder that , in the event of any default by the Principal (or Licensee)
a written statement of the particular facts reflecting the date and nature
of such default shall be immediately given by the Obliqee (or Licensor) to
the Surety by certified mail at its offices at 12i John St. , N.Y. , N_v
AND PROVIDED FURTHER, that no action, suit or proceeding shall be brought.
i against the Surety on this bond unless the same is brough within six (6)
months following the termination date of this bond . I
I
I '
I
er..E2e
INSURANCE COMPANY OF NORTH AMERICA PHILAUELPHIA. PENNSYLVANIA
r. days his bond may Ise terminated by the Surety at any time.• by cer-tifiecl mail
ddressed to the Obligee (or Licensor) stating when not prior to thirty (30
thereafter such notice shall be effective, in which event the
urety ' s liability shall at the expiration of said thirty ( 30) days cca:;c
l�cl termin�ite except as to such liability hereunder incurred prior to the
ffective date of such cancellation.
Group W Cable, Inc.
BY
Insurance Company of 'N'orth America
BY
Natalie Reingold
Attorney- in-fact
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