HomeMy WebLinkAbout1977-02-15; City Council; 3549-1; Contract Services of Cable Television FranchiseCITY OF CARLSBAD
AGENDA BILL NO. ^-OJr7~~ /U^fiJ^U^Ut^ / . Initial:
**Dept.Hd.DATE: FEBRUARY 15, 1977
C. Atty.j/y^g
DEPARTMENT: CITY MANAGERc> Mgr>
Subject: PROPOSED CONTRACT FOR SERVICES OF CABLE TELEVISION CONSULTANT
Statement of the Matter
On* January 18, 1977, the City Manager reported on cost estimates
submitted by two cable television consultants for the purpose of
reviewing franchise applications received by the City. The City
Manager recommended Alta California Systems, Inc. be used as the
consultant. The City Council concurred and authorized further
discussions between the City and ACSI.
On Thursday, January 27, 1977, the City Manager met with the
representatives of ACSI to discuss contracting for services. The
results of this meeting were to approach the evaluation of cable
television franchise proposals in phases and to request a consultant
proposal from ACSI for Phase I. A copy of the ACSI, Phase I, proposal,
received on February 3, 1977, is attached for City Council consideration,
as well as resolutions authorizing a contract for services and another
authorizing ' transfer of funds'.
Exhibit • '
1. ACSI Proposal, Phase I.
2. Standard City Consultant Contract
3. Resolution "No. 4 , authorizing contract with ACSI.
4. Resolution No. //#&7r authorizing a transfer of funds.
Council Action^
2-15-77 Resolution No. 4098, authorizing the City Manager to execute the contract
with Alta Systems of California, Inc. for Cable Television Consultant Services,
was adopted.
Resolution No. 4099, authorizing the expenditure of funds for cable^tele-
vision consultant services in the amount of $6,020.00 from Gen. Gov't
(professional services) acct. (Fund transfer #24) was adopted.
AGREEMENT
THIS AGREEMENT is made this 15th day of February /
19_Z7__, between the CITY OF CARLSBAD, a municipal corporation of
the State of California, hereinafter referred to.as CITY, and
ALTA CALIFORNIA SYSTEMS, INC. hereinafter referred to as
CONSULTANT.
RECITALS:
WHEREAS, the City has determined to investigate the ad-
vantages of Cable Television (CATV) and to grant a franchise
that will offer service to current citizens and provide for
anticipated future community growth. To this end, the City
has solicited proposals from CATV operators and received three
submittals; and
WHEREAS, due to the complex nature of CATV, the City
Council has decided to retain a professional consulting firm
to evaluate the CATV proposals and make recommendations thereon
to the City Council; and
WHEREAS, the Consultant has the qualifications to evalu-
ate said proposals and make recommendations to the City Council;
and
WHEREAS, the Consultant represents that neither he nor any
member of his staff has performed any work for any of the CATV
operators submitting proposals and has no understanding with said
operators or any expectation of working for said operators in
the future on CATV matters and has not been employed by any of
said opera'tors within two years last past; and
WHEREAS, it is understood that the Consultant shall be
an independent contractor of the City;
NOW, THEREFORE, in consideration of their mutual covenants
and conditions, the parties hereto agree as follows:
1. DUTIES OF THE CONSULTANT; ACSI, the City's
designated Consultant, shall construct a system
design benchmark by completing the following tasks:
(a) . Meet with appropriate City staff to schedule
the engagement, review available data, review
general plan considerations, and further define
data required.
(b) Measure television signal strength at various
points in the City, select alternative "head-
end" sites, and determine signal carriage
requirements.
(c) Create "benchmark" parameters for head-end
sites and equipment, construction schedules,
growth assumptions, financial considerations
and overall feasibility.
(d) Carefully analyze the existing applications to
determine where each does not meet the require-
ments of either the original Request for Proposal
or the benchmark parameters.
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(e) Submit a written report to the City documenting
benchmark parameters.
(f) Present to City Council a detailed explanation
of the Benchmark, the extent to which the
existing proposals do or do not meet the require-
ments or the benchmark, and recommendations to
Council for negotiations to commence at a later
date.
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2. . DUTIES OF THE CITY
(a) The City will make payment to the Consultant as
provided for in this agreement.
(b) The City will make available to the Consultant
any document, studies, or other information in
its possession related to the proposed project.
(c) Designate to Consultant in writing the repre-
sentatives authorized to act for it under this
agreement.
(d) Assist Consultant in arranging meetings necessary
to conduct the services herein.
(e) Examine documents submitted by the Consultant,
render decisions, and advise Consultant as promptly
as possible to avoid unreasonable delay in the
progress of Consultant's work.
3. TERMINATION OF AGREEMENT
The City may terminate this agreement at any time by
giving written notice to the Consultant of such
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termination and specifying the effective date thereof,
at least fifteen days before the effective date of such
•>•termination. In that event, all finished or unfinished
documents and other materials prepared pursuant to
this agreement shall, at the option of the City, become
its property.
4. RELEASE OF INFORMATION BY CONSULTANT
Any reports, information or other data, prepared or
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. assembled by the Consultant under this agreement shall
not be made available to any individual or organization
by the Consultant without the prior written approval
of the City.
5. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF
ENVIRONMENTAL IMPACT REPORTS AND OTHER MATERIAL
.All documents and materials prepared pursuant to this
agreement are the property of the City. The City
shall have the unrestricted authority to publish,
disclose, distribute and otherwise use, in whole or
in part, any reports, data, or other materials pre-
pared under this agreement.
6. PAYMENT
The Consultant will be paid a maximum of $6,020.00
for all work necessary to carry out the requirements
of this agreement. Actual payment shall be based on
the cost of the Consultant's services based on the
costs as set forth in Consultants letter of January 31,
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1977 marked Exhibit "A", attached hereto and made
a part hereof.
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Consultant shall bill the City for all services and
reimbursable expenses on a monthly basis for services
rendered during the previous calendar month plus
all reimbursable expenses incurred during the same
period.
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Payment shall be made, in each instance, within fifteen
days of receipt by the City of Consultant's invoice
in proper form. Invoices shall be in duplicate and
shall include itemization clearly showing tlie in-
dividual amount of each item of service or reimburs-
able expense constituting the amount invoiced.
7. TIME OF COMPLETION
Time is of the essence in carrying out the terms of
this agreement. Consultant shall agree to schedule
completion of the services provided in this agreement
as the City Manager of the City shall direct.
8. LIMITS OF THE OBLIGATION
The limits of the obligation of the City under this
agreement is in the sum of $6,020.00 which amount is
estimated to be sufficient to compensate the Consultant
for all services performed hereunder during the terms
of this agreement. In the event at any time it appears
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to the Consultant that said sum may not be sufficient,
he shall immediately so notify the City Manager. He
.> will not perform any work or incur any obligation beyond
said sum of $6,020.00 without appropriate amendment to
this agreement.
9. HOLD HARMLESS
The Consultant will indemnify the City against and
hold it harmless from all and any cost, expense, or
liability for damages on account of injury or death
to persons or damage to property resulting from or
arising out of or in any way connected with the
• performance by Consultant of this agreement, including
the defense of any action arising therefrom. Consultant
will reimburse the City for all costs, expenses and
losses incurred by it in consequent of any claims,
demands and causes of action which may be brought
against it by a person arising out of the performance
by Consultant of this agreement.
10. MAINTAIN INSURANCE
Consultant shall, at all times that this agreement is
in effect or the premises are occupied by Consultant,
cause to be maintained in force and effect an insurance
policy or policies which will insure and indemnify both
City and Consultant against liability or financial loss
resulting from injuries occurring to persons or property in
or about the premises or occurring as a result of any acts
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or activity of Consultant. The liability under such
insurance policy shall be not less than $100,000 for
.•'"• any one person injured or $300,000 for any one accident
and $50,000 for property damage. The policy shall be
written by a responsible company or companies to be
approved by City, and shall be noncancelable except
on ten days' written notice to City. Such policy
shall name City as co-assured and a copy of such
. policy shall be filed with the Planning Department.
11. INDEPENDENT CONTRACTOR
Consultant in accordance with his status as an
independent contractor, covenants and agrees that
he will conduct himself consistent with such status,
that he will neither hold himself out as nor claim
to be an officer or employee of the City by reason
hereof, and that he will not by reason hereof, make
any claim, demand, or application to or for any right
or privilege applicable to an officer or employee of
the City including, but not limited to, workmen's
compensation coverage, unemployment insurance benefits,
social security coverage, or retirement membership
credit.
12. ASSIGNMENT OF CONTRACT
Consultant shall not assign this contract or any part
thereof or any monies due or to become due thereunder
without the prior written consent of the City.
7. .
13. SUBCONTRACTING
The Consultant shall not subcontract any of the work
to be performed under this contract by Consultant,
without prior written approval from the City Manager.
If any subcontracting is approved, the Consultant shall
be fully responsible to the City for the acts and
omissions of its subcontractor and of the persons either
directly or indirectly employed by its subcontractor,
as it is for the acts and omissions of persons directly
employed by it. Nothing contained in this contract
shall create any contractual relationship between any
subcontractor of Consultant and the City. The
Consultant shall bind every subcontractor of a
subcontractor by the terms of this contract applicable
to its work unless specifically noted to the contrary in
the subcontract in question approved in writing by
the City.
14. PROHIBITED INTEREST
No official of the City who is authorized in such
capacity and on behalf of the City to negotiate,
make, accept or approve, or to take part in negotiating,
making, accepting or approving any architectural,
engineering, inspection, construction, or material
supply contract or any subcontract in connection with
the construction of the project, shall become directly
or indirectly interested personally in this contract
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or in any part thereof. No officer, employee, architect,
attorney, engineer or inspector of or for the City who
is authorized in such capacity and on behalf of the City
to exercise any executive, supervisory or other similar
functions in connection with the performance of this
contract shall become directly or indirectly interested
personally in this contract or any part thereof.
15. VERBAL AGREEMENT OR CONVERSATION
. No verbal agreement or conversation with any officer,
agent or employee of the City, either before, during
or after the execution of this contract, shall affect
or modify any of the terms or obligations herein con^
tained, nor such verbal agreement or conversation
entitle the Consultant to any additional payment
whatsoever under the terms of this contract.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
CITY OF CARLSBAD, A Municipal Corporation
of the State of California
ATTEST:
. , By
MARGARET fiT ADAMS, City Clerk ROBERT C. FRAZEE, Mayor
NORA K. GARDINER, Deputy City Clerk
ALTA CALIFORNIA SYSTEMS, INC.
APPROVED AS TO FORM:
By
Consultant
VINCENT F. BIONDO, Cifcy Attorney
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RESOLUTION NO. 4098
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AUTHORIZING
THE CITY MANAGER TO CONTRACT WITH ALTA
SYSTEMS OF CALIFORNIA, INC. FOR CABLE TELE-
VISION CONSULTANT SERVICES.
WHEREAS, the City of Carlsbad has received applications for
cable television franchises; and
WHEREAS, it is the intention of the City to use a consultant,
Alta Systems of California, Inc., to review, evaluate and report
on these applications;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, as follows:
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1. That the above statements are true and correct;
2. That the City Manager is hereby directed and authorized
to contract with Alta Systems of California, Inc.,
for cable television consultant services as described
in the attached contract.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council on the 15th day of February, 1977, by the following
vote, to wit:
AYES: Councilman Frazee, Lewis, Packard, Skotnicki and Councilwoman
Casler.
NOES: None.
ABSENT: None.
ROBERT C. FRAZEE,
ATTEST:
/Z»^Q ^
MARGARET E. AfiAMS, City Clerk
NORA K. GARDINER, Deputy City Clerk(SEAL)
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VISION CONSULTANT SERVICES.
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RESOLUTION NO. 4099
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
THE EXPENDITURE OF' FUNDS FOR CABLE TELE-
BE IT RESOLVED by the City Council of the City of Carlsbad
as follows:
1. That the expenditure of six thousand and twenty($6.020)
dollars from General Government (Professional Services)
for cable television consultant services is hereby
authorized and approved.
2. That Department of Finance Fund Transfer No. 24\
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ATTEST
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(SEAL)
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in a form on file in said department and incorporated
by reference herein is approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council on the 15th day of February, 1977, by the following
vote, to wit:
AYES: Councilman Frazee, Lewis, Skotnicki, Packard and Councilwoman
Casler.
NOES: None.
ABSENT: None,
MARGARET E. ADAMS, City Cler!
NORA K. GARDINER, Deputy City Clerk