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Home My WebLink AboutR-1992-D6210 YCTV• • • RESOLUTION NO. D 6 2 1 O A RESOLUTION. authorizing execution of a Cable Television Consulting Services Agreement. WHEREAS, the City of Yakima operates Yakima Community Television, a public access cable television station, in addition to franchising a private cable television operator within the City of Yakima; and WHEREAS, the current cable television franchise agreement will terminate in November 1993; and WHEREAS, the City of Yakima requires consultant services to plan for the future growth, updating, and expansion of cable television services within the City of Yakima, and WHEREAS, Clifford B. Schrock is knowledgeable and experienced in the technical aspects of cable television and in cable television consulting, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated "Cable Television Consulting Services Agreement." ADOPTED BY THE CITY COUNCIL this i c day of r-•‘rr-1.A 3G, -. , 1992. CA-t-zfr ATTEST. Mayor p City Clerk res/cbl consult CABLE TELEVISION CONSULTING SERVICES AGREEMENT WHEREAS, the City of Yakima operates Yakima Community Television, a public access cable television station and, in addition, franchises a private cable television operator within the City of Yakima; and WHEREAS, the City of Yakima requires technical consultant services to plan for the future growth, updating, and expansion of franchise cable television services within the City of Yakima; and WHEREAS, the current franchise agreement terminates by its own terms in November of 1993; and WHEREAS, the City of Yakima requires technical consultant services in relation to negotiating a new franchise agreement; and WHEREAS, Clifford R. Schrock, hereinafter called "Schrock," is experienced in the technical aspects of cable television consulting work and knowledgeable in cable television technical planning issues facing the City of Yakima; now, therefore, Clifford R. Schrock and the City of Yakima, hereinafter called "City," mutually agree as follows: 1. Work Product. Schrock shall conduct a technical evaluation of the existing cable television system within the City of Yakima and shall write three reports detailing his work progress and findings for the City. Specifically, the consultant shall: 1. Conduct a technical review and evaluation report of the existing cable television system. (Phase I). Consultant shall submit a draft report; discuss that report with the City; then a final report shall be prepared. 2. Prepare a written report defining the technical criteria the City should include in requests for proposal document to be used for soliciting proposals from cable companies during the refranchising process. This report is to determine the requirements to be met to bring the system up to a standard capability with cable systems in other similar sized cities, the requirements needed to ensure the system undergoes periodic technical reviews and upgrades to keep the system in good, current standing, and determine generally the technical requirements the City government would have to request or purchase to make use of an interactive cable communications system (e.g., an institutional network). (Phase II). 3. Prepare a written report defining the evaluation criteria the City should consider when reviewing franchise proposals received during the request for proposal process, and assist the City in evaluating franchise proposals that are received and provide a written report describing the evaluation findings. (Phase III). Page 1 of 3 agr/cbl consult.jw 4. In addition, Schrock shall provide assistance in writing the technical standards and reporting and testing provisions of the master cable ordinance and new franchise ordinance to ensure everything is in order and in the best interest of the City. Schrock will not be expected to draft legal documents, but may be required to provide advice and review ordinances as requested. 2. Time. Schrock shall furnish the work product within one hundred twenty (120) days of execution of this agreement as written below. Schrock shall deliver such work products to the Director of Community and Economic Development, hereinafter "Director" at City Hall, Yakima, Washington, before the expiration of said one (1) year. 3. Independent Contractor. The parties agree that Schrock is an independent contractor and not an employee of the City. Schrock shall make no claim of City employment or claim any related employment benefits from the City, including, but not limited to, medical benefits. Schrock shall not be subject to control and direction of City officers and employees. Schrock shall have access, at all reasonable times, to City files and records relating to the work product. Schrock shall use his own word processing equipment, paper, and other materials to write the work product. Except for consulting with City officers and employees regarding the work product and the research of City records concerning such work product, and the inspection of cable television facilities which may be located on City property, this contract shall not be performed by Schrock on City property or with any City facilities whatsoever. 4. Taxes and Assessments. Schrock shall pay all taxes and assessments, including, but not limited to, federal withholding and social security tax, which may be assessed either party as a result of this agreement. In the event the City is assessed a tax or assessment as a result of this agreement, Schrock shall pay the same before it shall become due. 5. Consideration. The City shall pay Schrock Seven Thousand Five Hundred Dollars ($7,500.00) for the work product payable as follows: (1) $3,000.00 upon receipt of Phase I draft report. (2) $1,500.00 upon receipt of Phase I final report. (3) $1,000.00 upon receipt of Phase II report. (4) $1,500.00 upon receipt of Phase III report. (5) $500.00 on the termination date of this agreement. (See paragraph 6). 6. Termination. This agreement shall terminate one hundred twenty (120) days after its execution unless otherwise terminated earlier by either party. Either party may terminate this agreement by serving upon the other party a written notice of such termination thirty (30) days prior to the termination. The Director shall receive notice for the City. Upon such early termination, Schrock shall give to the Director, upon termination, all notes, drafts, and materials related to the work product, together with any materials belonging to the City of Yakima related to the work product. Page 2 of 3 agr/cbl consult.jw Upon early termination, the City shall prorate final payment to the date of termination. 7. Indemnity. Schrock agrees that the performance under this contract is at Schrock's own sole risk and that he agrees to defend, in that he agrees to defend, indemnify, and save harmless the City, its officers, agents, and employees, from and against any and all claims arising out of the negligent acts, errors, or omissions of Schrock. 8. Attorney's Fees. If either party commences any legal action, suit or proceedings against the other to enforce the terms of this contract, the parties agree that the prevailing party may be awarded reasonable attorney's fees and costs incurred in any such action, suit or proceeding, or in any appeal therefrom. 9. Waiver of Conflict. Schrock has informed City that he is the owner and founder of CableBus Systems Corporation, a manufacturing company providing various CATV product to perform home security and meter reading conservation via cable. City does not believe that this situation creates a conflict. Schrock has provided a waiver of conflict with the official seal of CableBus Systems Corporation indicating that Schrock's performance under this contract does not conflict with any contracts existing between Schrock and CableBus Systems Corporation. This document is attached hereto as Addendum "A". 10. Entire Agreement. This writing constitutes the entire agreement between the parties. Executed this i v - day of ATTEST: By: .s.e- 4 e xz> City Clerk Page 3 of 3 agr/cbl consult.jw , 1992. CITY(OFYAKIMA By: °- Richard A Zais, Jr. City Manager CLIFFORD B. SCHROCK 3489' 1V.W. Yeon Avenue Portland, OR 97210 CITY CONTRACT NO: !� C iC CITY OF YAK I A CABLE COMMUNICATIONS DIVISION (509) 575-6092 1103 SOUTH 24TH AVENUE, YAKIMA, WASHINGTON 98902 July 15, 1993. Clifford B. Schrock CableBus Systems 3489 NW Yeon Avenue Portland, Oregon 972109 Dear Mr. Schrock, This letter indicates our mutual intent to extend the contractual time frame for an additional 90 days for completion of tasks described in the Cable Television Consulting Services Agreement executed December 18, 1992, and previously extended in our letter of June 17, 1993, to July 18, 1993. This most recent extension will extend the contract through October 18, 1993. It is understood that we agree to this additional 90 day extension without making any other amendments to the contract, including no changes in the monetary considerations for the tasks performed. The remaining tasks include assist in drafting franchise language concerning the technical standards and requirements for the upgraded cable system, and evaluating TCI's proposal for meeting the technical requirements of the proposed franchise. Our signatures below constitute recognition of this 90 day extension. CITY OF YAKIMA by: Richard A. Zais, Jr. 3 :' NW Yeon Avenue Portland, OR 97210 CLIFFORD B. SCHROCK City Manager 1)— [e• / C CITY OF YAK I A CABLE COMMUNICATIONS DIVISION (509) 575-6092 1 103 SOUTH 24TH AVENUE, YAKIMA, WASHINGTON 98902 June 17, 1993. Clifford B. Schrock CableBus Systems 3489 NW Yeon Avenue Portland, Oregon 972109 Dear Mr. Schrock, This letter indicates our mutual intent to extend the contractual time frame by 30 days for completion of tasks described in the Cable Television Consulting Services Agreement executed December 18, 1992, and due to expire June 18, 1993. It is understood that we agree to this 30 day extension without making any other amendments to the contract, including no changes in the monetary considerations for the tasks performed. The remaining tasks include finalizing the technical review report, preparing the written reports defining the technical criteria the city should include in its proposal request to TCI during the refranchising negotiations and the evaluation criteria for TCI's proposal, and assist in drafting franchise language concerning the technical standards and requirements for the upgraded cable system. Our signatures below constitute recognition of this 30 day extension. CITY OF KIMA by: Richard A. Zais, Jr. / 34:'' NW Yeon Avenue Portland, OR 97210 CLIFFORD B. SCHROCK City Manager S f !' itii;:` r