HomeMy WebLinkAboutR-1998-153 Agreement / Mid-valley Cable Regulation Board / Cable Television / ToppenishRESOLUTION NO. R-98-153
A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City
of Yakima to execute an interlocal agreement with the Mid -Valley Cable
Regulation Board under which the City of Yakima's Cable
Communications Division will provide staffing and support services on a
temporary basis for the operation and administration of Mid -Valley
Television (MVTV), a Public Access cable television facility located in
Toppenish, Washington.
WHEREAS, the Mid -Valley Cable Regulation Board ("Board") provides Public Access
cable television services through Mid -Valley Television ("MVTV"), a Public Access cable
television facility located in Toppenish, Washington; and
WHEREAS, the City provides Public and Government Access cable television services
through its Cable Communications Division; and
WHEREAS, the Board is currently conducting a search for a Community Television
Manager; and
WHEREAS, the Board desires to continue operation of MVTV without undue
interruption until such time as it hires a Community Television Manager; and
WHEREAS, the Board has requested that the City's Cable Communications Division
provide staffing and support services on a temporary basis for the operation and
administration of MVTV; and
WHEREAS, the Board is willing to reimburse the City for the full and complete costs
associated with providing said staffing and support services in accordance with the terms and
conditions of the attached agreement; and
WHEREAS, the City Council finds it is in the best interest of the City of Yakima to enter
into the attached interlocal agreement with the Mid -Valley Cable Regulation Board, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk of the City of Yakima are hereby authorized and
directed to enter into the attached interlocal agreement with the Mid -Valley Cable Regulation
Board under which the City of Yakima's Cable Communications Division will provide staffing
and support services on a temporary basis in order to facilitate continued operation of Mid -
Valley Television until such time as it hires a Community Television Manager.
ADOPTED BY THE CITY COUNCIL this 17th day of November, 1998.
ATTEST:
City Clerk
(lk)res/MVCRC/pm
i
Ma e, Mayor Pro Tem
1998 AGREEMENT BETWEEN
THE CITY OF YAKIMA
AND
THE MID -VALLEY CABLE REGULATION BOARD
THIS AGREEMENT is made and entered into by and between the City of Yakima,
hereinafter the "City," and the Mid -Valley Cable Regulation Board, hereinafter the "Board."
WHEREAS, the Board provides Public Access cable television services through Mid -
Valley Television ("MVTV"), a Public Access cable television facility located in Toppenish,
Washington; and
WHEREAS, the City provides Public and Government Access cable television services
through its Cable Communications Division; and
WHEREAS, the Board is currently conducting a search for a Community Television
Manager; and
WHEREAS, the Board desires to continue operation of MVTV without undue
interruption until such time as it hires a Community Television Manager; and
WHEREAS, the Board has requested that the City's Cable Communications Division
provide staffing and support services on a temporary basis for the operation and
administration of MVTV; and
WHEREAS, the Board is willing to reimburse the City for the full and complete costs
associated with providing said staffing and support services in accordance with the terms and
conditions of this Agreement,
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and the Board as follows:
1. Services. The City's Cable Communications Division shall provide necessary personnel
and services to continue operation of MVTV one (1) day per week for the duration of this
Agreement. Necessary services shall include the following: checking out and checking in field
production equipment; editing assistance to MVTV producers; studio production assistance to
MVTV producers; and programming of MVTV playback equipment. The City's Cable
Communications Division may, at its sole discretion, provide other services relevant to the
operation of MVTV. The provision of all services under this Agreement are expressly
conditioned upon the City's Cable Communications Division having adequate personnel and
resources available to perform such services without unduly disrupting the normal operation of
the City's Public and Government Access cable television facility.
2. Consideration. The Board shall reimburse the City for any and all of its costs in
providing services to the Board under this Agreement. Such reimbursement shall include, but
not be limited to, the costs of the following: salaries, wages, overtime, employee benefits,
federal income tax, FICA, social security tax, assessments for unemployment and industrial
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(1k)agr-mid-valley cable -98 -pm
injury, transportation, and all other ancillary items. Additionally, the Board shall pay the City
an administrative fee of 5% over and above such reimbursement costs.
The City shall submit monthly invoices to the Board. Said invoices shall be based upon
said cost reimbursement method described in the preceding paragraph and shall itemize all
services rendered during the preceding monthly period. The Board shall make payment to the
City within thirty (30) calendar days of receipt of the invoice.
3. Term. The term of this Agreement shall commence on November 16, 1998 and shall
continue in duration until terminated by either party in accordance with Section 4 of this
Agreement.
4. Termination of Agreement. Either party may terminate this Agreement, with or
without cause, by giving the other party five (5) days advance written notice of termination. In
the event that the Board terminates this Agreement, the Board shall compensate the City in
accordance with Section 3 for all services rendered up to the termination date.
5. Nondiscrimination Provision. During the performance of this Agreement, the City and
the Board shall not discriminate on the basis of race, age, color, sex, religion, national origin,
creed, marital status, political affiliation, or the presence of any sensory, mental or physical
handicap. This provision shall include but not be limited to the following: employment,
upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for training.
6. Compliance With Law. The City and the Board shall perform all services and duties
under and pursuant to this Agreement in full compliance with any and all applicable laws,
rules, and regulations adopted or promulgated by any governmental agency or regulatory
body, whether federal, state, local, or otherwise.
7. No Insurance. It is understood the City does not maintain liability insurance for the
Board.
8. Hold Harmless/Indemnification. The Board agrees to hold harmless, indemnify, and
defend the City, its elected officials, officers, employees, and agents from and against any and
all suits, actions, claims, liabilities, damages, judgments, fines, penalties, costs and expenses
(including reasonable attorney's fees) which result from or arise out of the performance or non-
performance of this Agreement by the City and/or the Board.
9. Severability. If any portion of this Agreement is changed per mutual agreement or any
portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
10. Integration. This written document constitutes the entire agreement between the City
and the Board. There are no other oral or written agreements between the parties as to the
subjects covered herein. No changes or additions to this Agreement shall be valid or binding
upon either party unless such change or addition be in writing and executed by both parties.
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11. Non -Waiver. The waiver by the Board or the City of the breach of any provision of this
Agreement by the other party shall not operate or be construed as a waiver of any subsequent
breach by either party or prevent either party thereafter enforcing any such provision.
12. Notices. Unless stated otherwise herein, all notices and demands shall be in writing
and sent or hand -delivered to the parties to their addresses as follows:
TO CITY:
Cable Division Manager
City of Yakima
Cable Division
124 South Second St.
Yakima, WA 98901
TO BOARD:/ c+1 frv,e s Cl1 A 5 at,, i(, c,Jciv-1/\
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(, ce �/(pe (whim tcycc -r0 r tom't
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or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid, or hand -delivered. Such
notices shall be deemed effective when mailed or hand delivered at the addresses specified
above.
13. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
14 Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA
By:
Dick Zais, City Manager
Date: l l C1
ATTEST:
City Clerk
City Contract No. 9 8 -12 4
R-98-153
Resolution No.
MID -VALLEY CABLE
REGULATION BOARD
It a`e. avr�ec7liat-i' fC4:-?-2
Date: / _ 3
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(1k)agr-mid-valley cable -98 -pm
RESOLUTION
A RESOLUTION OF THE CABLE REGULATION BOARD
APPROVING AN INTERLOCAL AGREEMENT WITH THE
CITY OF YAKIMA FOR ASSISTANCE IN OPERATING THE
MIDVALLEY COMMUNITY ACCESS FACILITY (MVTV)
WHEREAS, the Cable Regulation Board wishes to continue
operation of the MidValley Community Television access facility (MVTV)
while it seeks to employ a Community Television Manager; and
WHEREAS, the Cable Regulation Board has requested an
Interlocal Agreement with the City of Yakima for temporary assistance in
operating MVTV by providing staffing and support services until new
Community TV Manager is in place, and
WHEREAS, the City of Yakima is willing to provide staffing and
support services needed to continue operation of MVTV in accordance
with the terms and conditions of the attached agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CABLE
REGULATION BOARD for the Town and Granger and the Cities of
Toppenish, Wapato and Zillah as follows:
Section 1. The "1998 Agreement Between the City of Yakima and
the MidValley Cable Regulation Board" attached hereto, under which the
City of Yakima's Cable Communication Division will provide staffing and
support services on a temporary basis to facilitate continued operation of
MidValley Community Television (MVTV), is hereby approved and the
Cable Communications Officer is authorized and directed to sign said
contract on the Board's behalf.
Section 2. This resolution shall be effective immediately upon
passage and signatures hereto.
PASSED this 18th day of November, 1998.
2V1 We,,e-11—
Al Hubert, Chairman
ATTEST:
James M. So thworth, Secretary &
Cable Com unications Officer
APPROVED AS TO FORM:
WILLI
YaicRes.doc
ity Attorney
MEMORANDUM
To: Honorable Mayor John Puccinelli and City Council Members
From: Randy Beehler, Cable Communications Manager??
Date: 1-26-99 \ .(
Subject: Termination of Mid -Valley Cable Regulation Board Contract
In November 1998, the City Council approved a contract between the City and
the Mid -Valley Cable Regulation Board (MVCRB). The contract allowed the
City's Cable Communications Division to provide administrative and staffing
support for the operation of Mid -Valley Television (MVTV), a Community
Access TV facility in Toppenish, while the MVCRB conducted a search for a
new MVTV manager.
The MVCRB formally terminated the contract on Jan. 12, 1999 after having
hired a new MVTV manager. During the term of the contract, the City's
Cable Communications Division provided administrative and staffing
support totaling 47 hours. Cable Communications Division staff successfully
returned MVTV to the air after it had been dark for more than a month,
organized equipment and completed an inventory among other duties.
Under terms of the contract, the MVCRB agreed to reimburse the City the
total cost of providing such support. A bill for $1362.94 has been submitted to
the MVCRB.
Judy Devall, the City's municipal producer for the last 3 years, was hired as
the new MVTV manager. Judy began her duties Jan. 4. While we regret
losing Judy, we wish her the best in her new position. Judy was a valuable
part of our team the last 3 years as she expanded and refined Y -PAC. We are
confident she will be a wonderful asset to MVTV.
If you have any questions about the contract with the MVCRB or the duties
the Cable Communications Division performed as part of the contract, feel
free to contact me. My office phone number is 575-6092.
rpb
cc: Dick Zais, Bill Cook
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of Nov. 17, 1998
ITEM TITLE: Consideration of a resolution authorizing and directing the City
Manager and City Clerk of the City of Yakima to execute an inter -local agreement with
the Mid -Valley Cable Regulation Board under which the City of Yakima's Cable
Communications Division will provide staffing and support services, on a temporary
basis, for the continued operation of Mid -Valley Television, a Public Access cable
television facility located in Toppenish, Washington.
SUBMITTED BY: Bill Cook, Director, Community and Economic Development
Department
CONTACT PERSON/TELEPHONE: Randy Beehler, Cable Communications
Manager, 575-6092
SUMMARY EXPLANATION: The Mid -Valley Cable Regulation Board (CRB)
provides Public Access cable television services through Mid -Valley Television
(MVTV). The CRB is currently conducting a search for a Community Television
Manager to manage MVTV. The CRB desires to continue operating MVTV, without
undue interruption, until such time as it hires a Community Television Manager. The
CRB has requested the City of Yakima's (City) Cable Communications Division
provide temporary assistance in the form of staffing and support services until it hires a
Community Television Manager. The attached resolution and agreement authorize
the City's Cable Communications Division to provide staffing and support services for
the continued operation of MVTV equal to one (1) day per week until the CRB hires a
Community Television Manager (a period anticipated not to exceed 120 days). The
attached resolution and agreement require the CRB to reimburse the City the full and
complete cost of such staffing and support services and additionally requires the CRB
to provide an administrative fee to the City equal to 5% of the total cost of the City
providing such support and services.
X Resolution Ordinance Contract
Other (Specify)
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt attached resolution.
BOARD/COMMISSION RECOMMENDATION: Adopt attached resolution.
COUNCIL ACTION: