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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 Page 1 of 3 (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. Page 2of3 (1k)agr-mid-valley cable -98 -pm 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/\ Jf (, ce �/(pe (whim tcycc -r0 r tom't `4 (G/ Y (./e. a 46- !.i /G 7/i OLS + e, ac rel / t' 'rf 1s71-4 ve 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 Page 3of3 (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: