HomeMy WebLinkAbout1994/08/16 Item 16
COUNCIL AGENDA STATEMENT
Item --1 fD
Meeting Date 8/16/94
ITEM TITLE: Resolution ,,-.2.20 Approving first amendment to agreement
with Ace Video Productions for videotaping the Chula Vista City Council meetings for
televising.
SUBMITTED BY:
P,blio ''''oematioo C'XXd;oa~
Deputy City Manager KremPI~It; (,
kP
City Manager (4/5th Vote: Yes _ No -XJ
VIA:
REVIEWED BY:
Chula Vista entered into its first contract for videotaping all City Council meetings in 1988
after a six-month trial period proved successful. In January 1991, the City Council
authorized a six-month interim agreement with Ace Video Productions for videotaping City
Council meetings following termination of a previous contract. After a formal RFP process
for video production of City Council meetings for televising, Council approved a long-term
agreement with Ace Video Productions in July 1991. That contract was for an initial three-
year term with an option for the City to extend the agreement for an additional two-year
term. Staff has negotiated a contract amendment that allows for the installation of a
remote camera system and for that consideration, extends the term one year beyond the
currently authorized two-year term for a total three-year extension.
RECOMMENDATION: That Council adopt the resolution approving the first
amendment to agreement for videotaping the Chula Vista City Council meetings for
televising including the installation of a remote camera system (Vectorcam V7000C) and
a three-year term.
BOARD/COMMISSION RECOMMENDATION:
Not applicable
DISCUSSION:
The proposed contract amendment effectively continues the agreement the City has had
with Ace Video Productions for the past three years. The purpose of this agreement is
to videotape the Chula Vista City Council/Redevelopment Agency meetings for
broadcasting on cable television and for viewing at the Chula Vista Public Library.
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The major change proposed in this contract amendment is the installation of a remote
camera system in the Council Chambers and adjacent audio-visual control room.
Videotaping City Council meetings using a remote camera system is an option the city
has been interested in exploring further for some time. As Council is aware, the County
of San Diego uses a remote system as do a number of other cities and government
agencies that videotape public meetings. Prior to the formal RFP process in 1991, staff
looked at the operation of several remote camera systems. Ace Video submitted two
proposals to the City's RFP---one which would have used remote equipment. However,
at that time both staff and Ace Video agreed that the remote camera proposal needed
to be reviewed more fully. During the past six months Ace Video and City staff have
examined this option.
A. Remote Camera System
1. The advantages of a remote camera system are:
o Operation will be less intrusive since cameras will be mounted on the walls or
ceiling and during the meetings the video production staff will work primarily in the
adjacent audio/video control room unless adjustments need to be made to the
equipment.
o Temporary wiring which is now taped on the floors and baseboards will be
eliminated from Council Chambers and permanently installed in the walls or in the
ceiling. This will address some concerns which have been expressed about
meeting ADA (Americans With Disabilities Act) mandates.
o Aisles in Council Chambers will be more accessible to the public.
o Seats that were removed from Council Chambers to accommodate the cameras
will be reinstalled.
o New equipment will allow use of Super VHS tapes, reducing the City's cost of
purchasing tape stock by as much as $520 a year. While the longest 3/4" tapes
are 60 minutes, Super VHS tapes are available in 120-minute stock as well as
cheaper. The current equipment uses 3/4" tapes and the purchase of tape stock
cost the City $823, $1,226 and $1,051 during the past three years.
Because of the capital expenditures and alterations to the Council Chambers that will be
required, City staff (Building Construction and Repair, Communications, and Public
Information divisions) and Ace Video have held numerous meetings to review the options.
Then Ace Video surveyed a number of remote camera systems and closely evaluated the
capabilities of three systems that would interface with their existing equipment ranging in
price from $10,000 to $30,000.
2. Analysis and Recommendations on Remote Camera
Ace Video recommends and staff concurs that the best system to use for videotaping
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City meetings at this time is the Vectorcam V7000C, priced at $13,450. The Vectorcam
V7000C system will allow Ace Video to use their existing high-quality three-chip cameras.
While the lenses will have to be modified for remote focus and zoom control, the cost will
be considerably less than purchasing new lenses or cameras. The system's desktop
controller will allow one operator to control two cameras. It is recommended that the
third camera---which would be mounted on the ceiling or wall---maintain a "locked-down"
wide shot similar to the one that is utilized now by the unstaffed camera in the Council
Chambers.
In evaluating Ace Video's proposal, staff conferred with the Production and Program
Manager for San Diego's Learning Channel (ITV), run by the County Board of Education;
an independent video consultant; and the audio-visual coordinator at the Chula Vista
Public Library. All agreed that installing this remote camera system will have benefits for
both the City and Ace Video. Evaluator's comments included the following: "High-quality
industrial cameras." "Good deal for the City---it will especially improve the aesthetics in
the Council Chambers." "Super VHS has good reproduction quality." "It's a 'good call'."
"This is a good selection---the equipment has been relatively problem-free and is not
overpriced or more than is needed to do this job." "This makes sense---many cities are
now using remote camera systems."
3. Cost Considerations
The cost of the svstem would be borne bv the contractor and their amortization is the
reason the contract is proposed for a three-year extension rather than two years. Ace
Video will save the costs of staffing two cameras (approximately $450 a month).
However, given that no savings will accrue until the system is installed and operational
in approximately six months, the savings will not equal the capital investment ($13,450)
until the end of the third year of the proposed contract extension. (Because the number
and length of City Council meetings vary, only an estimate of the total savings is
available.) The Company will purchase all the necessary equipment including the cables
and wall/ceiling mounts which will be permanently installed in the City's Public Services
Building. The only obligation of the City will be to permanently install the cables in the
ceiling or walls at a cost of less than $1,000. If the City was to continue the current
videotaping set-up, it would cost the City approximately $2,500 to purchase the necessary
audio and video cabling, and install the cables in the walls and ceilings of the Council
Chambers.
The cabling and wall/ceiling mounts will become the property of the City and in the future
these could accommodate other compatible equipment or another contractor. As in the
current contract, the cameras and other equipment remain the property of the contractor.
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B. Summary of other Key Contract Points
The basic terms of the proposed contract amendment are as follows:
1. Equipment: The equipment remains the same as in the original contract until the
remote camera system is installed in approximately six months; at that time it will include
one Vectorcam V7000C remote camera system including a desktop controller; three Sony
color cameras with videoconferencing lenses and zoom control; two remote control pantilt
heads; one color program monitor, one color preview monitor, and three black and white
monitors; two Super VHS videotape recorders; two 1/2" VHS videotape recorders; one
character generator; one special effects switcher; and three wall/ceiling mounts. Ace
Video will order, install and test equipment. City will permanently install the video cables
purchased by the company in the Public Services Building.
2. Staff: The minimum four-person staffing remains the same as in the original contract
until the remote system is installed; at that time the staffing can be reduced to a minimum
of two people. One person will control the remote cameras and the other will be the
technical director and tape/graphics operator. This minimum will allow for short breaks
during meetings, if necessary.
3. Costs: Initial four hours or less of meeting time remains the same as FY 93-94 at
$768, with $84 for each additional hour beyond four hours. No CPI adjustment for FY
1994-95 and optional at the City's discretion in FY 1995-96 and FY 1996-97. Company
will pay for all new equipment and installation costs, except estimated $1 ,000 City will pay
to install wiring.
4. Additional services: Camera operator and video consulting services for up to four
hours a month each at no additional charge for uses designated by the City.
5. Term: Three-year extension, with clauses for termination for cause or convenience.
CONCLUSION:
During the first term of the contract, City staff has found Ace Video to be professional, on-
time and committed to producing a high-quality program every week. The company has
worked closely with the City to seek solutions to problems that have arisen from time to
time which are inherent to this type of multi-camera "live" program switched in the field.
Besides taping the regular meetings, the company has provided---at no cost to the City---
a camera operator for up to an additional four hours a month as well as an additional four
hours a month of video consulting services. The City has used these services in a variety
of ways including videotaping special events and activities (Le. Harbor Days and the
downtown Farmer's Market); videotaping seminars (Le. sexual harassment training);
training city staff in using video equipment (Le. Building and Housing Code Enforcement
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staff); videotaping interviews (Le. oral interviews with longtime Chula Vista residents for
the Chula Vista Heritage Museum); and for filming and directing special programs (Le.
City Manager's budget overview when not part of regular Council meeting). This
provision in the contract has saved the City a considerable amount of money as well as
allowed coverage of events that otherwise would not have been videotaped.
FISCAL IMPACT:
Because of the observation of certain holidays and the calling of special meetings, the
yearly number of televised Council/Redevelopment Agency meetings ranges from 42 to
48. During the first three years of the Ace Video contract, the costs to the City have been
$35,933 for 47 meetings in FY 1991-92; $39,673 for 46 meetings in FY 1992-93; and
$39,571 for 46 meetings in FY 1993-94. Using the up to four-hour meeting cost of $768,
the base yearly cost for FY 94-95 ranges from $32,000 to $37,000. Since the length of the
meetings can vary greatly, the number of additional hours at $84 per hour is difficult to
estimate but is unlikely to exceed $4,000. The adopted FY 1994-95 budget contains
sufficient funds for this purpose. This represents no net increase in contract cost for the
current year versus the previous year.
The cost of 3/4" tape stock during the three previous years has ranged from $822 to
$1,226. There will be a savings to the City of about $520 a year by using Super VHS
tapes rather than 3/4" tapes. The funding includes 40% Redevelopment Agency and 10%
Chula Vista Transit reimbursement to the General Fund.
Approximately $1 ,000 will be spent to permanently install the cables in the Public Services
Building. This will come out of the $1,000 budgeted in the non-departmental account for
FY 1994-95 for Council Chambers modifications as needed, which includes lighting,
wiring, and other mechanical changes.
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RESOLUTION NO. /?/'~:J...
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FIRST AMENDMENT TO
AGREEMENT WITH ACE VIDEO PRODUCTION FOR
VIDEOTAPING THE CHULA VISTA CITY COUNCIL
MEETINGS FOR TELEVISING
WHEREAS, Chula Vista entered into its first contract for
videotaping all City Council meetings in 1988 after a six-month
trial period proved successful; and
WHEREAS, in January 1991,
six-month interim agreement with
videotaping City Council meetings
previous contract; and
the City Council authorized a
Ace Video Productions for
following termination of a
WHEREAS, after a formal RFP process for video production
of City Council meetings for televising, Council approved a long-
term agreement with Ace Video Productions in July 1991; and
WHEREAS, the contract was for an initial three-year term
with an option for the city to extend the agreement for an
additional two-year term; and
WHEREAS, staff has negotiated a contract amendment that
allows for the installation of a remote camera system and for that
consideration, extends the term one year beyond the currently
authorized two-year term for a total three-year extension.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the First Amendment to
Agreement with Ace Video Productions for videotaping the Chula
vista city Council meetings for televising, a copy of which is on
file in the office of the City Clerk as Document No. (to be
completed by the City Clerk in the final document).
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said First
Amendment for and on behalf of the City.
Presented by
Jeri Gulbransen, Public
Information Coordinator
C:\rs\ace.1st
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FIRST AMENDMENT TO CONTRACT TO VIDEOTAPE
CHULA VISTA CITY COUNCIL MEETINGS FOR TELEVISING
First amendment to contract is made this day of , 1994 for the
purpose of reference only, and effective as of the date last executed between the parties,
between the City of Chula Vista ("City") herein, a municipal corporation of the State of
California, and Harold Frazer, Jr. doing business as Ace Video Productions ("Company")
and is made with reference to the following facts:
RECITALS
WHEREAS, Ace Video Productions and the City have a mutually beneficial
contract to videotape the regular Chura Vista City Council/Redevelopment Agency
meetings, and
WHEREAS, the Company has prepared and delivered the services required
of the Company to the City during the Initial three-year term of the Agreement, and
WHEREAS, the Company and the City have evaluated the benefits of installing
a remote camera system and the Company warrants and represents that they are
experienced and staffed In a manner such that they can direct the services required
of the Company to the City within the time frames in accordance with the terms and
conditions of this contract, and
NOW, THEREFORE, the City and Company mutually agree that the provisions
ofthe Agreement dated July 2,1991, will remain in full force and effect except that
Section 1:A, B, E, F, G; Section 2:A, B, D; and Section 3:A of the Agreement are
amended and Section 1:M is added to read as follows:
.SECTION 1: SERVICES AND EQUIPMENT
A. Company agrees to produce broadcast quality 3/4" or Super VHS videotape of
the entire City of Chula Vista City Council/Redevelopment Agency meetings that
usually are scheduled on the first four Tuesdays of every month for the term
specified in this agreement. The schedule may include observation of certain
holidays and special meetings.
B. The Company agrees to provide the following equipment as a minimum for
videotape production purposes until the remote camera system is installed and
operational:
. three Sony DXC3000 color video cameras or equivalent model subject to
City approval;
. one color program monitor, one color preview monitor, and three black and
white monitors;
. two 3/4" videotape recorders;
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. two 1/2" VHS videotape recorders;
. one character generator;
. three intercom headsets;
. one special effects switcher.
After the Installation of the remote camera system, the company agrees to
provide the following equipment as a minimum for videotape production
purposes:
. one Vectorcam V7000C remote camera system including a desktop
remote controller to operate two cameras;
. three Sony DXC 3000 color video cameras or equivalent model subject
to City approval with two remote control videoconferenclng lenses and
zoom control;
. two remote control pan/tilt heads;
. one color program monitor, one color preview monitor, and three black
and white monitors;
. two Super VHS videotape recordersj
. two 1/2" VHS videotape recordersj
. one character generator;
. one special effects switcherj
. three wall or ceiling mounts.
E. Company will provide a minimum of four staff to operate the above mentioned
equipment including two camera operators, one technical director and one
tape/graphics operator until a remote system Is Installed and operational. After
the remote cameras are installed, the company will provide a minimum of two
staff Including one technical director, and one remote camera and
tape/graphics operator. Company's staff shall be neatly dressed and courteous
at all times and shall present a positive, professional image.
F. Company will deliver to Cox Cable (1175 North Cuyamaca, EI Cajon) a completed
production on 3/4" or Super VHS videotape no later than 3 p.m. the day following
the Council/Agency meeting. Company will deliver to Chula Vista Cable (296 Third
Ave., Chula Vista) a completed production at slow speed on 1/2" VHS videotape
no later than 3 p.m. the day following the Council/Agency meeting. In addition the
company will provide a 1/2" VHS tape to the City by 5 p.m. the day following the
meeting.
G. The Company also agrees to utilize the character generator for identifying
speakers and items under discussion, and displaying the City logo throughout the
meetings. Company will store at least 150 names and titles which will be updated
at least every six months by City. The Company will use the City-provided
opening followed by the meeting agenda at the beginning of each program.
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Approximate times specific items will be cablecast will be added to the agenda on
the 3/4" or Super VHS videotape. Credits listed at the end of each televised
meeting will include the City of Chula Vista and may include the Company.
Various public service messages also shall be displayed during the meetings,
submitted by the City to the Company at least two working days prior to the
meeting the messages are scheduled to appear.
M. The Company will order, install, test and have the specified remote camera
system operational In approximately six months following the date of this
contract amendment.
The City agrees to permanently Install the cables necessary to run this system
In the Public Services Building In a timely manner after purchase by the
Company. During the term and at the conclusion of this agreement detailed
herein, the cables and all wail/ceiling mounts associated with this contract are
the property of the City."
.SECTION 2: PAYMENT
A. The City agrees to pay the Company $768 (per meeting charge) for each televised
Council/Agency meeting of four hours or less videotaped by Company. An
additional $84 will be paid for each additional hour or part thereof for meetings
lasting longer than four hours. Length of the meetings shall be determined from
the scheduled start time until the meeting is adjourned.
B. The per meeting and hourly costs may be adjusted at the discretion of the
City Manager or his designee at the beginning of FY '95-'96 and FY '96-'97 in
an amount that equals the percentage Increase of the All Urban Consumers
Price Index for the San Diego Region (CPi) for the most recent twelve months,
as reasonably determined by the City's Finance Director, up to a maximum of
5 1/2 percent.
D. The per meeting charge ($768) will be payable by the City for meetings scheduled
to be videotaped by Company that are canceled without at least six calendar days
notice of such cancellation to the Company..
.SECTION 3: TERM
A. The term of this amended Agreement will be for three (3) years commencing
on ,1994.
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COMMUNICATIONS RELATING TO THIS AGREEMENT SHOULD BE DIRECTED TO:
Jerl Gulbransen, Public Information Coordinator
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
691-5296
Ha~old Frazer, Jr.
Ace Video Productions
1940 Garnet Ave., #101
San Diego, CA 92109
483-9698
All other terms of this contract shall remain In full force and effect for this extension
of the contract..
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SIGNATURE PAGE TO
FIRST AMENDMENT TO CONTRACT TO VIDEOTAPE
CHULA VISTA CITY COUNCIL MEETINGS
FOR TELEVISING
IN WITNESS WHEREOF, City and Company have executed this Agreement this
day of , 1994.
City of Chula Vista:
Tim Nader
Mayor, City of Chula Vista
Attest:
C:\alice\acecont
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CONTRACT TO VIDEOTAPE
CHULA VISTA CITY COUNCIL MEETINGS FOR TELEVISING
This Agreement is made this July 2, 1991 for the purposes of reference only, and effective
as of the date last executed between the parties, between the City of Chula Vista ("City")
herein, a municipal corporation of the State of California, and Harold Frazer Jr. doing
business as Ace Video Productions ("Company") and is made with reference to the
following facts:
RECITALS
WHEREAS, the City of Chula Vista solicited proposals from qualified individuals
or organizations to videotape the regular Tuesday meetings of the Chula Vista City
Council/Redevelopment Agency, and
WHEREAS, the proposals submitted were evaluated in terms of cost effectiveness,
equipment and staffing, experience of personnel, and ability of proposer to perform, and
WHEREAS, Ace Video Productions, as one of the original proposers, agreed to
negotiate with the City a contract mutually beneficial to the parties, and
WHEREAS, Company warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services required
of Company to City within the time frames herein provided all in accordance with the
terms and conditions of this Contract, and,
NOW, THEREFORE, BE IT RESOLVED that the City and Company do hereby
mutually agree as follows:
SECTION 1: SERVICES AND EQUIPMENT
A. Company agrees to produce broadcast quality 3/4" videotape of the entire City of
Chula Vista City Council/Redevelopment Agency meetings that usually are
scheduled on the first four Tuesdays of every month for the term specified in this
agreement. The schedule may include observation of certain holidays and special
meetings.
B. The Company agrees to provide the following equipment as a minimum for
videotape production purposes:
. three Sony DXC3000 color video cameras or equivalent model subject to
City approval;
. one color program monitor, one color preview monitor, and three black and
white monitors;
. two 3/4" videotape recorders;
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. two 1/2' VHS videotape recorders;
. one character generator;
. three intercom headsets;
. one special effects switcher.
C. Company agrees to also provide a waveform/vectorscope monitor to enhance the
alignment of color levels between cameras, within 120 days following the signing
of this contract.
D. Company will provide up to two playback monitors, of a type acceptable to City,
in the Council Chambers that allow Council members to see what is being taped.
If the City decides these monitors are desirable, Company will provide the
monitor(s) at all Company-videotaped Council meetings.
E. Company will provide a minimum of four staff to operate the above mentioned
equipment including two camera operators, one technical director and one
tape/graphics operator. Company's staff shall be neatly dressed and courteous
at all times and shall present a positive, professional image.
F. Company will deliver to Cox Cable (1175 North Cuyamaca, EI Cajon) a completed
production on 3/4" videotape no later than 3 p.m. the day following the
Council/Agency meeting. Company will deliver to Chula Vista Cable (296 Third
Ave., Chula Vista) a completed production at slow speed on 1/2' VHS videotape
no later than 3 p.m. the day following the Council/Agency meeting. In addition the
company will provide a 1/2' VHS tape to the City by 5 p.m. the day following the
meeting. .
G. The Company also agrees to utilize the character generator for identifying
speakers and items under discussion, and displaying the City logo throughout the
meetings. Company will store at least 150 names and titles which will be updated
at least every six months by City. The Company will use the City-provided
opening followed by the meeting agenda at the beginning of each program.
Approximate times specific items will be cablecast will be added to the agenda on
the 3/4" tape. Credits listed at the end of each televised meeting will include the
City of Chula Vista and may include the Company. Various public service
messages also shall be displayed during the meetings, submitted by the City to
the Company at least two working days prior to the meeting the messages are
scheduled to appear.
H. Company shall provide video/audio output into the Public Services Building during
the meeting to be used by the City for live broadcast of the meetings on City-
operated and maintained equipment.
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I. Content of the completed video program shall meet with approval of the City of
Chula Vista. No editing shall occur without the permission of the City. The entire
content of the program shall be the sole property of the City of Chula Vista. None
of the content of the program may be used for any purpose, commercial or non-
commercial, without the written permission of the City of Chula Vista, except for the
following:
a. Use by an established news organization as part of news coverage of the
meetings;
b. Use by private individuals for limited, non-broadcast viewing;
c. Use by Company for sales demonstrations and other promotions of the
Company.
J. Company will provide a camera operator for up to an additional four hours a
month at no additional charge for any use designated by the City during the term
of this agreement. This may include, but not be limited to, the following: footage
of special events and ceremonies; presentations at trainings; special meetings;
and documentation of existing buildings or conditions in the City. Scheduling of
the camera operator will be subject to Company's availability and may be used for
weekday as well as weekend assignments. If the Company is unable to provide
the operator when requested, the four hours may be carried forward until a time
that is mutually acceptable to the parties. One hour minimum intervals will be
scheduled; travel time to Chula Vista not included. Camera operator will use the
Company's equipment, when available, and may use City's equipment subject to
City's review and approval of Company's insurance covering said equipment.
K. Company will provide up to four hours a month of video consulting services at no
additional charge to City's Public Information office, subject to Company's
availability, during the term of this agreement. If the Company is unable to provide
these services when requested, the four hours may be carried forward until a time
that is mutually acceptable to the parties. One hour minimum intervals will
scheduled; travel time to Chula Vista not included. The consulting service may
include, but not be limited to, the following: training of city staff in proper use of
video equipment including in-camera editing; ways to use video in City
departments; researching use of video by other cities that could be adapted by
City; ways to work with cable companies and television stations to enhance City's
use; advice on equipment purchases; assistance with writing, producing and
directing public service announcements; and technical directing of special
meetings.
L. Company, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall be performed in a manner consistent with
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that level of care and skill ordinarily exercised by members of the profession
currently practicing under similar conditions and in similar locations.
SECTION 2: PAYMENT
A. The City agrees to pay the Company $729 for each televised Council meeting of
four hours or less videotaped by Company. An additional $80 will be paid for
each additional hour or part thereof for meetings lasting longer than four hours.
Length of the meetings shall be determined from the scheduled :ltart time until the
meeting is adjourned.
B. Per meeting and hourly cost shall be adjusted annually, after the first year, in an
amount that equals the percentage increase of the All Urban Consumers Price
Index for the San Diego Region (CPI) for the most recent twelve months, up to a
maximum of 5% %.
C. Failure by the Company to videotape scheduled meetings or deliver a completed
videotape production to Cox Cable or Chula Vista Cable by the specified time shall
result in forfeiture of the City payment and a penalty payment to the City equal to
the meeting payment cost. The parties to this agreement acknowledge and recite
that the amounts specified in this section are a reasonable estimate of damages
suffered by the City considering all of the circumstances, including the relationship
of such sums to the range of harm to the City that could be anticipated and the
anticipation that proof of actual damages would be costly or inconvenient. The
parties to this agreement acknowledge that it would be impracticable or extremely
difficult to fix the actual damage that the City would incur if the Company breaches
this paragraph of this agreement.
D. The per meeting charge ($729) will be payable by the City for meetings scheduled
to be videotaped by Company that are canceled without at least six calendar days
notice of such cancellation to the Company.
E. In addition to performing the defined services herein set forth, City may ask
Company to videotape additional meetings, and upon doing so in writing,
Company shall perform same, subject to Company's availability of staff and
equipment, at the rates set forth in sections 2.A. and B. of this agreement.
F. Ughting, audio feed and modifications to City buildings will be the responsibility
of the City. Company agrees to provide technical advice, as requested.
G. Videotape stock will be provided by the City. City may purchase videotape stock
or direct Company to purchase videotape at bulk rate. City agrees to reimburse
Company for videotape cost including sales tax plus five (5) percent for handling.
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If City requests, Company will establish a system to recycle tape stock including
bulk erasure of tapes and keeping a written record of the number of times a tape
is used and tapes that are erased, at a cost of $2.50 per erasure. The City may
elect to not recycle tapes or to establish another system.
H. Any additional purchases, operating or installation costs associated with the
videotaping and not specifically described in this Contract, will be the sole
responsibility of the Company unless accepted by the City in a separate written
agreement.
I. Billing for each meeting shall be submitted to the City the week following each
meeting or after the first and prior to the tenth of the month for all meetings
televised during the previous month. The terms shall be net twenty (20) days from
invoice date.
SECTION 3: TERM
A. The term of this agreement will be for three (3) years commencing on July 15,
1991. The City has the option to extend the term of this Contract for a two (2)
year increment starting July 15, 1994. All other terms of this Contract shall remain
in full force and effect for any such extension of the Contract. The City's right to
extend this Contract pursuant to the provisions of this section shall be contingent
upon providing a sixty (60) day written notice to Company of the City's intent.
B. If, through any cause, Company shall fail to fulfill in a timely and proper manner
his/her obligations under this Agreement, or if Company shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Company of such
termination and specifying the effective date. In that event, all finished or
unfinished materials prepared by Company shall, at the option of the City, become
the property of the City, and Company shall be entitled to receive just and
equitable compensation for any work satisfactorily completed on such materials
up to the effective date of Notice of Termination, not to exceed the amounts
payable hereunder, and less any damages caused City by Company's breach.
C. Either party may terminate this agreement at any time for its convenience by giving
the other party a written notice of such termination and speCifying the effective
date thereof at least one hundred and twenty (120) calendar days before such
termination, reserving its right to terminate for cause. In that event, all finished and
unfinished materials described hereinabove shall, at the option of the City, become
City's sole and exclusive property. If the Agreement is terminated by City as
provided in this paragraph, Company shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such materials to the
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effective date of such termination. Company hereby expressly waives any and all
claims for damages or compensation arising under this Agreement except as set
forth herein.
SECTION 4: SCHEDULE AND ADMINISTRATION
A. The City shall provide to the Company a schedule of dates and times of all
meetings to be televised by Company during the term of this agreement.
B. Company shall defend, indemnify and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out
of the conduct of the Company, or its agents or employees, subcontractors, or
assignees or licensees in connection with the execution of the work covered by
this Agreement, except for those claims arising from the sole negligence or sole
willful conduct of the City, its officers, or employees, and further except as to the
words, actions, presentations, views or opinions presented by persons appearing
on televised meetings. Company's indemnification shall include any and all costs,
expenses, attorneys' fees and liability incurred by the City, its officers agents, or
employees in defending against such claims, whether the same proceed to
judgment or not. Further, Company at its own expense shall, upon written request
by the City, defend any such suit or action brought against the City, its officers.
agents, or employees arising out of the conduct of the Company, or its agents or
employees, subcontractors, or assignees or licensees in connection with the
execution of the work covered by this Agreement, except those claims arising from
the sole negligence or sole willful conduct of the City, its officers, or employees,
and further except as to the words, actions, presentations, views or opinions
presented by persons appearing on televised meetings. Companys'
indemnification of City shall not be limited by any prior or subsequent declaration
by the Company.
C. Company represents that it and its agents, staff and consultants employed by it
are protected by worker's compensation insurance and the Company has the
coverage under public liability and property damage insurance policies which this
Agreement requires to be demonstrated in the form of a certificate of insurance.
Company will provide, prior to the commencement of the services required under
this agreement the following certificates of insurance to the City prior to beginning
work:
Statutory Worker's Compensation coverage plus $1,000,000 Employers
liability coverage, if worker's compensation coverage required by state.
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General and Automotive Uability coverage to $1,000,000 combined single
limit which names City as an additional insured, and which is primary to any
policy which the City may otherwise carry ("primary coverage"), and which
treats the employees of the City in the same manner as members of the
general public ("cross-liability coverage").
All policies shall be issued by a carrier that has a Best's Rating of "A, Class
V", or better, or shall meet with the approval of the City's Risk Manager.
All policies shall provide that same may not be canceled or materially
changed without at least thirty (30) days written notice to the City.
D. No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City of
Chula Vista and acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same
may from time to time be amended, the provisions of which are incorporated by
this reference as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same.
Upon request by City, Company shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
E. In the event of any dispute between the parties, the prevailing party shall be
entitled to recover all reasonable costs incurred in the litigation of the claim,
including costs and attorney's fees.
F. In so far as Company is merely the agent for the City for the videotaping of its
public presentations, Company shall not be responsible for the content of said
publications or any opinions contained therein expressed or implied. The City
shall indemnify Company from any and all harm, damage, cost or liability based
on the content of the subject public presentations.
G. No change, amendment or modification to the Contract shall be effective unless
it is in writing and signed by the parties hereto.
H. The services of Company are personal to the City, and Company shall not assign
any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City which
City may unreasonable deny.
I. City is interested only in the results obtained and Company shall perform as an
independent contractor with sole control of the manner and means of performing
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the services required under this Agreement. City maintains the right only to reject
or accept Company's work products. Company and any of the Company agents,
employees or representatives are, for all purposes under this Agreement, an
independent contractor and shall not be deemed to be an employee of City, and
none of them shall be entitled to any benefits to which City employees are entitled
including but not limited to, overtime, retirement benefits, workers compensation
benefits, injury leave or other leave benefits.
J. Company hereby designates that Harold Frazer, Jr. or Ed Hobrecker shall be
Company's technical director to the production during the term of this agreement.
No substitution for this position shall be allowed without written approval from the
City.
K. The City Manager, or his or her designee, shall be the administrator for the
purposes of this Contract. For those conditions requiring the written approval of
the City, the City Manager or his or her designee shall have the authority to
provide such written approval.
COMMUNICATION RELATING TO THIS AGREEMENT SHOULD BE DIRECTED TO:
Jim Thomson, Deputy City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
691-5296
Harold Frazer, Jr.
Ace Video Productions
4475 Mission Blvd., #215
San Diego, CA 92109
483-9698
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SIGNATURE PAGE TO
CONTRACT TO VIDEOTAPE
CHULA VISTA CITY COUNCIL MEETINGS
FOR TELEVISING
IN WITNESS WHEREOF, City and Company have executed this Agreement this
C1~ daYOf~.1991.
City of Chula Vista:
s - -/!~~
Tim Nader
Mayor, City of Chula Vista
Attest:
A:TVCONTRACT
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