Loading...
HomeMy WebLinkAboutAGENDA REPORT 1994 1019 CC REG ITEM 08OCITY OF MOORPARK AGENDA REPORT ITE' Iiii TO: The Honorable City Council FROM: Christine Adams, Director of Community Services " DATE: October 9, 1994 (Meeting of October 19, 1994) The current contract with Videomax, Inc., for the purposes of programming Channel 10, the City's government channel, and cable casting all City public meetings, is an on -going contract, with no expiration date. The City is satisfied with the performance and services that have been provided to date by Videomax, and wishes to continue the contract. It has been almost three years since the agreement with Videomax was executed and during that time, Videomax has not increased their rates. The City's contract with Videomax in 1992 -93 was for $18,000 annually ($1,500 per month) . The budget for 1993 -94 was increased to $20,000, but the monthly contract fee to Videomax was still $1,500 per month. The monthly fee will be increased to $1,650, if the contract is approved, which appears to be a 10% increase. Extra costs, such as a technician to input all character generator information on a thrice weekly basis, were charged separately, using the balance of the $20,000 appropriation last year. This year, Videomax has informed staff that they are requesting a 2.5% increase ($20,500 annually) to their fee and will now be including many of these additional services as part of the basic agreement for services. Therefore, the monthly service cost will continue to be $1,650 per month, but will be inclusive of many additional services that were charged separately in the past. There is also a change in the charges to the Moorpark Unified School District, whereby the standard fee of $150.00 per meeting is still charged, but there will be an additional charge of $25.00 per hour for any meetings that extend beyond five (5) hours. This is agreeable to the School District and the City bills the School District for these charges on a monthly basis. Also, the new agreement includes a cost for providing audio production for city events, when needed. This is an additional service that can be provided through the contract 00087 whenever the City requires this type of assistance, rather than contract with outside audio agencies, and could result in overall savings to the City by utilizing Videomax for this service. The increase had previously been considered in the budget for FY 1994/95, therefore, no additional budget amendments are required at this time. Approve recommended revisions to current agreement and authorize City Manager to sign revised Agreement for Services with Videomax, Inc. Attachment: Agreement of Services with Exhibit for Scope of Services. 11 :: THIS AGREEMENT, made this day of , between the City of Moorpark, a municipal corporation, located at 799 Moorpark Avenue, Moorpark, California 93021, hereinafter referred to as "CITY ", and Videomax, a sole proprietorship video and cable production company, owned and operated by Michael Kamm, located at 2060 Avenida De Los Arboles, Suite 267, Thousand Oaks, California 91362, hereinafter referred to as "CONTRACTOR ", THE PARTIES HERETO DO AGREE AS FOLLOWS: The effective date of this annual Agreement is October 1, 1994, and shall expire on September 30, 1996. CONTRACTOR agrees to perform for, and furnish to, the CITY the services described in the proposal for two years, October 1, 1994, through September 30, 1996, as attached hereto, and incorporated as Exhibit "A ", in a manner satisfactory to the City Manager of CITY or his designee. CONTRACTOR will determine the method, details and means of performing the above described services. The CITY reserves the right to seek and obtain bids from other firms for such work and to award contracts to other firms for such work. CONTRACTOR shall submit to CITY, written invoice of services rendered at the end of each month during which the services are rendered. The CITY agrees to pay, at rates established by Exhibit "A ", the amount due to CONTRACTOR within thirty (30) days following receipt of said invoice. Michael S. Kamm will serve as the principal person responsible for performance of the CONTRACTOR's obligations under this Agreement and shall serve as principal liaison between CITY and CONTRACTOR. ARTICLE 5. ASSIGNMENT Neither this Agreement nor any duties or obligations under this Agreement may be assigned by CONTRACTOR without prior written consent of CITY. 1 00089 CITY agrees to comply with all reasonable requests of CONTRACTOR relative to, and provide access, to all facilities reasonably necessary for the performance of CONTRACTOR's duties under this Agreement. ARTICLE 7 SUSPENSION TERMINATION. OR ABANDONMENT This Agreement may be terminated by Contractor only by providing CITY with written notice no less than ninety (90) days in advance of such termination. This Agreement may be terminated with or without cause by CITY at any time with no less than thirty (30) days written notice of such termination. In the event of such termination, Contractor shall be compensated for such services up to the date of termination. Such compensation for work in progress would be pro -rated as to the percentage of progress completed at the date of termination. If CONTRACTOR defaults in this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that CONTRACTOR fails to cure its default within such period of time, CITY shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. a 1 CONTRACTOR is and at all times shall remain, as to CITY, a wholly independent contractor. CONTRACTOR shall not, at any time or in any manner, represent that he is an officer, employee or agent of the CITY. CONTRACTOR shall comply with all applicable provisions of the Worker's Compensation Insurance and Safety Acts and Labor Code of the State of California. 9.02 Ownership of Documents Upon completion of any filming, production or writing required to be provided by CONTRACTOR in the course of performing any of the above described services, or upon sooner termination of this Agreement, all original material prepared by CONTRACTOR shall become the sole property of CITY and may be used, reused or otherwise disposed of by CITY without permission of CONTRACTOR. CONTRACTOR agrees that any film, writing, and other instruments prepared by CONTRACTOR in performance of this Agreement shall not be subject to reuse by any other than CITY without written permission by CITY. 2 00090 CONTRACTOR shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for, and maintain in full force and effect for the duration of this Agreement a policy of comprehensive liability insurance and shall furnish a Certificate of Liability Insurance to the City Manager of the CITY before execution of this Agreement by CITY. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: a. Include CITY as the insured or named an additional insured covering their services to be performed under this Agreement, whether liability is attributable to CONTRACTOR or CITY. b. Insure CITY and its officers, employees, servants, and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with, the Agreement. C. Provide the following minimum limits: Bodily Injury - $500,000 each person $500,000 each occurrence $500,000 aggregate product and completed operations Property Damage $500,000 each occurrence $500,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. CONTRACTOR may file insurance acceptable to CITY covering more than one project. d. Bear an endorsement of which shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, CITY shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before expiration or cancellation is effective. e. Be written on an occurrence basis unless a Claims Made policy is approved in writing by the CITY. If a Claims Made Basis policy is approved by the CITY, Contractor shall provide total coverage for any claim that may be filed pursuant to statute or court action after expiration of the Claims Made Basis policy in an amount 3 00091 consistent with the provisions of Paragraphs a., b., c., and d. above. M� CONTRACTOR shall hold harmless, indemnify and defend CITY and all of its officers, employees, servants and agents from any claim, demand, damage, liability, loss, cost, or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property resulting from misconduct, negligent acts, errors or omissions of CONTRACTOR or any of its officers, employees or agents in the performance of this agreement, except such damage as is caused by the sole negligence of CITY or any of its officers, employees, servants or agents. 9.05 Workers, Comaensation Insurance Before execution of this Agreement by CITY, Contractor shall file with the City Manager of CITY the following certification: I am aware of, and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self - insurance before commencing any of the work. Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement, complete Worker's Compensation Insurance, and shall furnish a Certificate of Insurance to the City Manager of the CITY before execution of this Agreement by CITY. The CITY and its officers, employees, servants, or agents, shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this section. Every compensation insurance policy shall bear an endorsement of which shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, CITY shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before expiration or cancellation is effective. 9.06 Notices Any notice to be given hereunder by either party to the other shall be effected either by personal delivery in writing or by certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to CITY, c/o City Manager, 799 Moorpark Avenue, Moorpark, California 93021, and to CONTRACTOR at 260 Avenida De Los Arboles, Suite 267, Thousand Oaks, California 91362, but each party may change the address by written notice in accordance with this section. Notices delivered personally will be deemed served as of actual receipt; mailed notices will be deemed served as of the third (3rd) day after deposit in the United States 4 00092 mail, certified or registered, return receipt requested, with postage prepaid. 9.07 CITY'S Aaent The Moorpark City Manager or his designee shall have the right to review, coordinate and approve all work to be performed by the CONTRACTOR pursuant to this Agreement, and shall be the City's agent in this matter. 9.08 Assignment The Contractor shall not assign this Agreement, or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that the Contractor is uniquely qualified to perform their services provided for in this Agreement. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto and supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. 9.10 Governina Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. If any action at law or suit in equity, including an action for declaratory relief, is brought to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, and necessary disbursements, in addition to any other relief to which it may be entitled. Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 5 00093 9.13 Venue This Agreement is made, entered into, and executed in Moorpark, Ventura County, California and any action filed in any court or for arbitration for the interpretation, enforcement and /or otherwise of the terms, covenants and conditions referred to herein shall be filed in the applicable court in Ventura County, California. EXECUTED in duplicate at Moorpark, California, on the date and year first written above. CITY OF MOORPARK CONTRACTOR Attest: City Manager City Clerk 0 Michael S. Kamm Videomax 6 00094 Videomax Productions will provide the following services on a monthly basis: 1) 2) 3) 4) 5) 6) 7) 8) 9) Video production of all CITY public meetings up to a maximum of ten (10) per month, as designated by the CITY. Automated playback programming of up to a maximum of ten (10) per month. General maintenance and service of all field production equipment. Cleaning and service of all robotic cameras and servo motors. Color balance and phase adjustment of camera control units. Programming and general maintenance of lights and dimmer system. Setting and preg -mg ef lights and dif,..,Rer "di'dS'--~e Maintenance of microphones and connectors. Programming of VTR units and electronic patch bays. preg —a-. replay -and a taped -eab1e -east. Audio mix systems adjustment. Sub mixer maintenance and level adjustment. 10 ) Interface with equipment repair vendors fn n:ufaeturei-s . 11) Interface with expendable supply and tape stock vendors to insure best quality of tapes and supplies at most competitive prices. 12) Program and maintain Video Scroll character generator and computer interface. Maintain ehai-aeter generate 13) Liaison to cable eempa companies on air signal quality. 14) Local Origination technical consultant. Service Fee Per Month $isoo . 0$ $1650.00 7 00095 The following services are available at additional cost and will be billed at the rates specified: Editing $20.00 per hour Repair and Troubleshooting $20.00 per hour Manual Playback of Scheduled Meetings (in the event that automatic replay is not functioning properly) $15.00 per hour Studio Production Services $20.00 per hour per crew member Field Production Services $25.00 per hour per crew member Production of special meetings or meetings of ten (10) maximum $150.00 per meeting Special Meetings over five (5) hrs. in length $25.00 per hour Audio Production Services $20.00 per hour Consulting and Administrative Services $15.00 per hour Training of City Staff $20.00 per hour Film Permit Liaison Services $30.00 per hour Other Terms 1) The CITY will provide all equipment and supplies for the production and playback of the meetings. 2) Videomax Productions will be given a key to gain access to equipment and supplies at all times. 3) The CITY will provide a complete list of all regularly scheduled production and playback dates by the first day of each month of service. The CITY will notify Videomax of all special or adjourned meetings within 24 hours of notice unless scheduled for the next business day. If an adjourned meeting is scheduled for the next business day notice will be provided by 12 noon on the day following the date of the meeting that is adjourned. 8 00096 4) Payment is to be made within thirty (30) days of receipt of invoice, except for those which are contested/ questioned and are returned by CITY, with written explanation within thirty (30) days of receipt of invoice. 5) All payments are to be made to: Videomax Productions 2060 Avenida De Los Arboles #267 Thousand Oaks, CA 91362 00097 9