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HomeMy WebLinkAbout1991/05/14 Item 10 COUNCIL AGENDA STATEMENT Item lt1 Meeting Date 5/14/91 Reso 1 ut ion If. I Sf Approvi ng Agreement with the Chul a Vista Chamber of Commerce Outl ining Terms and Conditions of the Purchase, Insta 11 at ion, and Operat i on of a Traveler Information (Radio) Station SUBMITTED BY: Principal Management Assistant SnYde~ REVIEWED BY: City Manager; .611) (4/5ths Vote: Yes_No...!..J During the FY 1990-91 budget, Council approved the purchase of equipment and signage for a short-range (2.5 mile) radio station known as a Traveler Information Station (TIS). The understanding was that the Chula Vista Chamber of Commerce would have primary operating responsibility. The station will be used to disseminate information to travelers and Chula Vista residents on local attractions, special events, and related traffic circulation and parking situations. The station will also be available for special public information announcements during emergencies. ITEM TITLE: On February 12, 1991, Council directed staff to proceed with ordering the equipment and the signage and to report back with an approved operating agreement with the Chul a Vi sta Chamber of Commerce pri or to commencement of operations. Equipment has been received and is in the process of being installed. Signage modifying "Visitor Information" signs at four freeway ramp terminals has been received and has been installed by CalTrans. The attached agreement with the Chamber of Commerce details the operation of the station. RECOMMENDATION: Approve resolution. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSS ION: As the holder of the operating 1 icense, the City has responsibil ity for and complete control over the content of the messages broadcast from this radio station. This agreement outlines the expectation that the Chamber of Commerce wi 11 prepare and record City-approved messages for continuous transmi ss i on. This can be accomplished through a direct phone line or a live broadcast. City and Chamber staff are establ ishing guidel ines for an appropriate and practical method for approval of those messages. The Chamber will also periodically provide reports to the City Council regarding the type of information broadcast and any data received regarding the effectiveness of the TIS. The City clearly retains ownership of the equipment. By the terms of this agreement, the City also maintains the right to supercede any recorded message during emergencies or natural disasters. The equipment is being installed at Fire Station No.5, located at Fourth and Oxford and the system will be operational prior to May 21, 1991 as required by terms of the operating 1 icense granted to the City by the Federal Communications Commission. FISCAL IMPACT: all equ i pment appropriations No additional cost as a result of this action. The cost of and signage, including installation, is within the current of $10,000. WPC 3670A La-! RESOLUT ION NO. -.J f. IS cf RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WITH THE CHULA VISTA CHAMBER OF COMMERCE OUTLINING TERMS AND CONDITIONS OF THE PURCHASE, INSTALLATION, AND OPERATION OF A TRAVELER INFORMATION (RADIO) STATION The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, during the FY 1990-91 budget, Council approved the purchase of equipment and signage for a short-range (2.5 mile) radio station known as a Traveler Information Station (TIS) with the understanding that the Chula Vista Chamber of Commerce would have primary operating responsibility; and WHEREAS, said station will be used to disseminate information to travelers and Chula Vista residents on local attractions, special events, and related traffic circulation, parking situations and will also be available for special public information announcements during emergencies; and WHEREAS, on February 12, 1991, Council directed staff to proceed with ordering the equipment and the signage and to report back with an approved operating agreement with the Chula vista Chamber of Commerce prior to commencement of operations; and WHEREAS, equipment has been received and is process of being installed and signage modifying Information" signs at four freeway ramp terminals received and will be installed by CalTrans; and in the "Visitor has been WHEREAS, the agreement signed by the Chamber of Commerce details the operation of the equipment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Agreement with the Chula vista Chamber of Commerce outlining terms and conditions of the purchase, installation and operation of a traveler information (radio) station, a copy of which is on file in the office of the City Clerk. BE Chula vista agreement on IT FURTHER RESOLVED that the Mayor is hereby author ized and directed behalf of the City of Chula Vista. of to the Ci ty of execu te said Presented by ved to form by Stephanie Snyder, principal Management Assistant 8838a A M. 1.0'~ AGREEMENT AGREEMENT WITH THE CHULA VISTA CHAMBER OF COMMERCE OUTLINING TERMS AND CONDITIONS OF THE PURCHASE, INSTALLATION, AND OPERATION OF A TRAVELER INFORMATION (RADIO) STATION THIS AGREEMENT is made and entered into this _____ day of , 1991 by and between the CITY OF CHULA VISTA, a municipal corporation (hereinafter called "CITY"), and the CHULA VISTA CHAMBER OF COMMERCE, a non-profit 501.C(6) organization (hereinafter referred to as "CHAMBER"). WHEREAS, the CITY desires to purchase a short-range radio station for the purpose of providing information on local attractions and special events to the traveling public and residents, attracting visitors to the City, providing useful information during special events, and providing special public information announcements during emergencies; and WHEREAS, the CHAMBER has speci al i zed experience in the formul at i on, marketing, and dissemination of information to the publ ic regarding local attractions and special events; NOW, THEREFORE, in consideration of the promises, covenants, and conditions contained herein, the parties hereto agree as follows: SECTION I. Citv Resoonsibilities The CITY agrees to: A. Purchase, install and maintain a short-range (2.5 mile) radio station, commonly known as a Traveler Information Station (TIS), including installation of and ongoing costs of all necessary dedicated phone lines and appropriate insurance. Equipment will be installed at a City facil ity and will remain the sole property of the CITY. B. Purchase signage for four freeway ramp terminals to provide notification to travelers. C. Apply for and maintain all necessary operating licenses or permits issued by the Federal Communications Commission. SECTION I I. Chamber Resoonsibilities The CHAMBER agrees to: A. Provide staff support to update the City-approved transmitted message on a regular basis, or no less than four times per month. Staff support is expected to consist of preparation of the message and voice I b- 3 recording through a direct phone 1 ine or 1 ive broadcast of the prepared message. The method of approval for the message content will be determined by written agreement between the City Manager (or designee) and the Chamber's Executive Director (or designee). B. Provide reports to the City Council no 1 ess than twice a year during the term of this Agreement, beginning six months after commencement of operations, to include information regarding the nature of messages transmitted, events covered, information used to determine the effectiveness of the TIS, and any additional information pertinent to decisions regarding continued operation of the equipment. C. Exercise reasonable care in maintaining the security code(s) necessary for operation of the TIS. SECTION II 1. Additional Costs Any additional purchases or operating or install at i on costs associ ated with broadcasts from thi s TIS and not speci fi ca lly descri bed in this Agreement, will be the sole responsibility of the CHAMBER unless accepted by the CITY in a separate written agreement. SECTION IV. ODerations Ourinq Emerqencies The CHAMBER agrees that the CITY may supersede any recorded message in order to directly transmit vital information to the public during times of emergency or natural disaster or any condition deemed by the CITY to be necessary to the public safety of the community. SECTION V. Term of Aareement The term of this Agreement shall be from May 15, 1991 through August 21, 1995, or concurrent with the authorization of the City's license from the Federal Communications Commission to operate the TIS. SECTION VI. Termination for Cause If the CHAMBER fails to fulfill in a timely and proper manner the obl igations under this Agreement, the CITY shall have the right to terminate this Agreement by giving five (5) days written notice to the CHAMBER, the effective date of termination being no less than the 5th day of said written notice. ~ 1'''''1 SECTION VI I. Termination for Convenience This Agreement may be terminated at any time by either party on thirty (30) days written notice to the other, the effective date of cancellation being no less than the 30th day of said written notice with no further action being required by either party. SECTION VIII. Notice Any notice given pursuant to this Agreement shall be deemed received and effective when properly addressed, posted, and deposited in the United States mail addressed to and received by the respective parties as follows: CITY: City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 CHAMBER: Executive Director Chula Vista Chamber of Commerce 233 Fourth Avenue Chula Vista, California 91910 SECTION IX. Non-Assianabilitv This operating Agreement may not be assigned in whole or in part without the prior mutual written consent of both the CITY and the CHAMBER. SECTION X. Chanaes. Amendments and Modifications No change, amendment, or modification to this Agreement shall be effective unless it is in writing and signed by the parties hereto. SECTION XI. Indemnification CHAMBER 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 CHAMBER, or any agency or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the CITY, its officers, or employees. CHAMBER's indemni fi cat i on shall incl ude 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 ~ 10-5 judgment or not. Further, CHAMBER 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. CHAMBER's indemnification of CITY shall not be limited by any prior or subsequent declaration by the CHAMBER. SECTION XI I. Insurance The CHAMBER shall, throughout the duration of this Agreement, maintain the following insurance coverages: A. Commercial General Liability Insurance including Business Automobile Liability Insurance in the amount of $1 million combined single limit, which names the City of Chu1a Vista as additional insured and is primary to any insurance policy carried by the CITY. B. Errors and omissions insurance in the amount of $250,000. C. Statutory Workers' Co~pensation Insurance and Employer's Liability Insurance in the amount of $1 million. All policies shall be issued by a carrier that has a Bests' Rating of "A, Class V", or better, or shall meet with the approval of the CITY's Risk Manager. The CHAMBER will provide, within thirty (30) days of the commencement of the services required under the agreement, certificates of insurance for the coverages required in this section, and, for Commercial General Liability Insurance, a policy endorsement for the CITY as additional insured, a policy endorsement stating the CHAMBER's insurance is primary and a pol icy endorsement stating that the 1 imits of insurance apply separately to each project away from premi ses owned or rented by the CHAMBER. Cert ifi cates of insurance must also state that each policy may not be cancelled without at least thirty (30) days written notice to the CITY. SECTION XIII. Entire Aareement The herein shall constitute the entire agreement between the parties and supersedes all negot i at ions or previ ous agreements between the part i es with respect to all or any other of the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. CITY OF CHULA VISTA, a municipal corporation CHULA VISTA CHAMBER OF COMMERCE, a non-profit 501.C(6) organization BY: BY: PRES IDENT MAYOR Approved as to form by Bruce Boogaard City Attorney ~ If)-I, WPC 362IA