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HomeMy WebLinkAboutReso 1988-13619 RESOLUTION NO. 13619 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CARRTEL COMMUNICATIONS CORPORATION FOR VIDEO PRODUCTION SERVICES TO TAPE CITY COUNCIL MEETINGS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, at the budget review session of June 8, 1988 the City Council approved an upgrade in video production services so less intense lighting is required to tape the City Council meeting for subsequent televising, and WHEREAS, Council also directed staff to negotiate an amendment to the City's contract for video production services to provide the upgraded services, and WHEREAS, Simard Telecommunications Corporation, parent company of Video Productions Company, has been purchased by Carrtel Communications Corporation, and WHEREAS, it is in the best interests of the City to extend this contract rather than go out to public bid because the services and costs are advantageous to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain Amendment to the Agreement between THE CITY OF CHULA VISTA, a municipal corporation, and CARRTEL COMMUNICATIONS CORPORATION dba Video Productions Company, for video production services and taping the Chula Vista City Council meetings, dated the 14th day of June , 1988, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved ~s to form by T~J~~Ha~ ames R. Thomson, Deputy Ha on, City Attorney Manager 4271a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14th day of June 19 88 , by the following vote, to-wit: AYES: Councilmen: Malcolm, Moore, McCandliss, Nader NAYES: Councilmen: None ABSTAIN: C, ot~ilmen: None ABSENT: Councilmen: cox M-~YOR PRO TENPORE STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION NO. 136]-9 ,and thor the some hoe not been amended or repealed. DATED CI1Y OF CHUIA VISI'A FIRST AMENDMENT TO THE CONTRACT FOR VIDEO PRODUCTION SERVICES AND TAPING THE CHULA VISTA CITY COUNCIL MEETINGS This amendment is entered into this day of , 1988 between the City of Chula Vista (hereinafter "City") and Carrtel Communications Corporation dba Video Productions Company (hereinafter "Company"). RECITALS WHEREAS, the City and Company's predecesor, Simard Telecommunications Corporation, entered into an agreement commencing on December 1, 1987 and ending on November 30, 1988, and WHEREAS, the City of Chula Vista desires to amend the video production contract to increase the scope of services provided by Video Productions Company, and WHEREAS, Video Productions Company desires to amend the agreement to increase the term, the compensation for such increased services, and to reflect a change in name due to corporate buyout: NOW, THEREFORE the parties mutually agree that the provisions of the agreement dated July 14, 1987 are amended to read as follows: 1. The name "Simard Telecommunications Corporation" shall be replaced by the name "Carrtel Communications Corporation" in the title and wherever else it appears in the agreement from and after July 1, 1988. 2. Sec. 1. A. Company agrees to video tape the entire City of Chula Vista City Council/Redevelopment Agency meetings on the first four Tuesdays of every month for the term of this agreement. The Company agrees to provide the following equipment as a minimum for video tape production purposes: two Sony DCA 3000 color video cameras (or equivalent model subject to City approval); four color monitors; two video cassette recorders; one special effects generator; one character generator. B. In addition, Company will provide the staff to operate the above mentioned equipment including as a minimum two camera operators, one director, one video engineer. C. Company will deliver to Cox Cable San Diego (El Cajon facility) a completed production on 3/4" video tape no later than 3:00 p.m. of the day following the Council/Agency meeting. D. Company shall provide video/audio output into the Public Services Building during the meeting to be used by the City for live showing of the meetings on City operated and maintained television monitors. 3. Sec. 2. A. The City agrees to pay the company $800 for each televised meeting less than four hours long. An additional $75 for the fifth hour or part thereof and an additional $50 per meeting ($925 maximum total charges per meeting) will be paid for each meeting lasting longer than five hours. Length of meetings shall be determined from the scheduled start time until the meeting is adjourned. Video tape stock, lighting, audio feed and other alterations to the City Council Chambers will be the responsibility of the City. B. Failure by the Company to videotape scheduled meetings or deliver to Cox Cable by the specified time a completed video tape production shall result in a penalty of $800 for each meeting not videotaped or delivered, to be deducted from a subsequent billing. Completed video tapes delivered late to Cox Cable but within adequate time for televising at the regularly scheduled time shall result in a deduction from the subsequent payment to the Company of $75 per hour or part thereof past 3:00 p.m. unless prior approval is obtained from the City for late delivery. 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 existing on the date of this agreement, 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. 4. Sec. 3. TERM: The term of this agreement will be for three (3) years commencing July 1, 1988. The City has the option to extend the term of this Contract in one (1) year increments for a maximum of two (2) additional years. Per meeting cost as established in Section 2 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 6%. 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 a thirty (30) day written notice to Company of the City's intent. 5. Sec. 7. The City or Company may terminate this agreement after ninety (90) days at any time for its convenience by giving a written notice of such termination and specifying the effective date thereof at least thirty (30) days before such termination, reserving its right to terminate for cause. 6. Sec. 9.B. The Company also agrees to utilize the character generator for identifying speakers, identifying items under discussion, and phone numbers for viewers to call in with feed back concerning the televised meeting. Credits listed at the end of each televised meeting shall include the Company. Various messages shall also be displayed during the meeting. Such messages shall be submitted to the Company at least two (2) working days prior to the meeting the messages are scheduled to appear. 7. Sec. 11. The Company agrees to provide to the City a 1/2" VHS copy of each completed program within 48 hours of the City Council meeting. Failure to provide a copy of a meeting within the specified time shall result in a deduction from the subsequent payment to the Company of $50 per day or part thereof after the first 48 hours. 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 existing on the date of this agreement, 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. 8. Sec. 12. The City shall provide to the Company a schedule of dates and times of all meetings to be televised during the term of this agreement. The per meeting charge ($800) will be payable by the City for scheduled meetings cancelled without at least six days notice of such cancellation to the Company. 9. All provisions of the original contract shall remain in full force unless otherwise amended herein. CITY OF CHULA VISTA: CARRTEL COMMUNICATIONS a~or, City of C ula Vista fac ue lne arr t ATTEST: APPRO~, AS TO FORM BY: ,, o ey Date