HomeMy WebLinkAbout1984-10-02; City Council; 7894; APPROVING AN AGREEMENT FOR CONSULTING SERVICES WITH CABLE TELEVISION INFORMATION CENTER - CTIC- ASSOCIATESAPPROVING AN AGREEMENT FOR CONSULTING
SERVICES WITH CTIC ASSOCIATES
AB#-ZE~L TITLE;
MTG. 10/2/84
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- \ C~T~F CARLSBAD - AGEND~ILL
RECOMMENDED ACTION:
Approve Resolution No. 7767 authorizing the Mayor to execute a contract with
CTIC Associatest approving fund Transfer cCl\ -g 9 unappropriated teserves to Account No .dOl-6O-lO-\UO.
which transfers $23,625 E rc
ITEM EXPLANATION:
The City has received requests from Carlsbad Cablevision and from La Costa
Community Cable TV to increase their basic rate by $1.00 per month. This reques
was submitted under the code provisions which require a thorough evaluation of
service and review of all applicable financial data available from the operators
Additionally, the code requires that an evaluation of their performance be con-
ducted in the fifth and tenth years of the franchise. This is the end of the fi
year of operation by Carlsbad Cablevision and staff believes this an appropriate
time for this review. Staff does not have the technical nor financial expertise to adequately review the performance or evaluate the rate request.
CTIC Associates is an affiliate of the Cable Television Information Center which
a non-profit, membership corporation. The City has been a member of the Informa
Center since 1978. Mr. Horn of CTIC Associates assisted in developing the origii
City Code provisions and the franchise documentation. The CTIC and Mr. Horn have
a national reputation for representing governmental agencies in Cable TV matters
They are the only known consulting group which serves as a municipal advocate
for cable matters.
as a sole source to CTIC Associates.
Accordingly it is recommended that this project be granted
FISCAL IMPACT:
Cost of the service will be no more than $23,625.
unappropriated reserve.
about $56,000 per year to the General Fund.
Funds are available from the
Cable TV franchise fees (3% of gross sales) generate
EXHIBIT:
1.
2. Agreement
3. CTIC Proposal
Resolution No. 976 7 .
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RESOLUTION NO. 7767
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CTIC ASSOCIATES FOR CONSULTING SERVICES TO REVIEW CABLEVISION RATE REQUESTS AND TO MAKE A PERFORMANCE
EVALUATION OF THE CABLE TELEVISION OPERATORS
The City Council of the City of Carlsbad, California does resolve as
follows:
1. That an agreement between the City of Carlsbad and CTIC Associates
consulting services to conduct a review of the rate requests from Carlsbad
Cablevision and La Costa Community Cable Television and to conduct a perform
ance evaluation of them, a copy of which is attached hereto and made a part
hereof is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby authorized and dir
to execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsba
at a regular meeting held the 3 day of _October , 1984, by the
following vote to wit:
AYES:
NOES: None
Council Wrs Casler, Iewis, Chick and Prescott
Lzt4yh2AL
1 ABSENT: Council wr ~~l~hin
MARY H. ASLER, Mayor
ATTEST:
I ALETHA L. RAUTENKRAfiZ, City Clerk
(SEAL)
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AGREEMENT FOR CONSULTANT SERVICE
THIS AGREEMENT is made this day of , 1984,
between the CITY OF CARLSBAD, a municipal corporation of the State of
California, hereinafter referred to as CITY, and CTIC ASSOCIATES,
hereinafter referred to as CONSULTANT.
RECITALS
WHEREAS, The City requires consulting services to review the
rate requests submitted by Carlsbad Cablevision and La Costa Community Cable
Television and to review the performance of these operators as prescribed in
the paragraph 5.28.050 (h) of the Carlsbad Municipal Code; and
WHEREAS, the Consultant has the experience and qualifications .
to conduct the review and the performance evaluation and
WHEREAS, it is understood that the Consultant shall be an
independent contractor of the City;
NOW, THEREFORE, the parties hereunto agree as follows:
(1) DUTIES OF THE CONSULTANT:
The Consultant will provide all professional services necessary to
carry out the scope of work presented in the Consultant's proposal dated,-
September 14, 1984, and incorporated herein by reference. (Attached)
(2) DUTIES OF THE CITY:
(a) The City will make available to the Consultant any document,
studies, or other information in its possession relating to
the work.
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(b) The City will provide such other assistance
complete the project in a timely manner.
The City will make payment to the Consultant as provided for in
this Agreement.
as is necessary to
(c)
(3) INITIATION AND COMPLETION:
Services described herein shall begin promptly following written authoriz-
ation by the City and shall be complete within 90 (ninety) calendar days from
the date of authorization to proceed.
(4) COMPENSATION:
Fees for the Consultant's labor in carrying out this work will be based
on the Consultant's standard hourly rates.
Direct costs (including mileage, reproduction and long distance telephone
(Attached)
calls) will be compensated at cost.
(5) PAYMENT OF FEES:
The Consultant will submit monthly invoices for services rendered. Each
invoice will specify the individual, the hours worked, the individual standard
hourly billing rate and total labor cost. Other direct costs will be itemized
by category and documented by supporting information whenever reasonable;
City will pay Consultant within 5 days of receipt of Consultant's
invoice.
(6) NOT-TO-EXCEED FEE.:
The Not-to-Exceed total fee for the work performed under this Agreement
will not be more than $23,625.00.
Consultant without specific written authorization by the City.
This amount willnot be exceeded by the
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(7) CHANGES IN THE SCOPE OF THE PROJECT:
If conditions beyond the control of the Consultant necessitate a change
in scope of the project after work under Section (1) above has commenced,
the Consultant shall submit his written estimate of increased costs to the
City Manager for written approval prior to undertaking any additional work.
(8) RESPONSIBILITY OF CONSULTANT:
The Consultant is employed herein to render a professional service only
and any payments to him are compensation solely for such services as he may
render and recommendations he may make in the course of this project.
(9) OWNERSHIP OF DOCUMENTS:
All maps, studies, sketches, work sheets and documents as herein required
are the property of the City whether the work for which they are made be
executed or not.
plans, work sheets, etc., shall be delivered forthwith to the City.
(10)
In the event this contract is terminated, all documents,
SUSPENSION OR TERMINATION OF SERVICES:
The City shall have the right to terminate this Agreement and the work
done under it at any time without cause by giving the Consultant verbal
notice as to termination date, to be confirmed by written notice of
termination.
In the event of termination, the Consultant shall be paid for the work
accomplished to the date of termination in accordance with Sections (4) and (5).
Upon request of the City, the Consultant shall assemble the work product
and put the same in proper order for proper filing and closing and deliver
said product to the City.
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(11) 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 or 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.
(12) MAINTAIN INSURANCE:
Consultant shall, at all times that this Agreement is in effect, 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 errors or omissions occuring as a result
of any acts or activity of Consultant.
policy shall not be less than $100,000.
a responsible company or companies subject to approval by City, and shall
be non-cancelable except on ten (10) days written notice tothecity.
(13) STATUS OF CONSULTANT:
The liability under such insurance
The policy shall be written by
The Consultant will perform the services provided for herein in his
own way as an independent contractor in pursuit of his independent calling
and not as an employee ofthecity; he shall be under the control of the City
only as to the result accomplished and personnel assigned to project.
(14) ASSIGNMENT OF CONTRACT:
The Consultant shall not assign this contract or any part hereof or any
monies due or to become due thereunder without the prior written consent of
the City Manager.
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(15) 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 this contract
or any part thereof, shall become directly or indirectly interested
personally in this contract or in any part thereof.
(16) 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
contained, nor such verbal agreement or conversation entitle the Consultant
to any additional payment whatsoever under the terms of this contract.
(17) EFFECTIVE DATE:
This contract shall be effective on and from the day and year first above
written.
In witness whereof, we have hereunto set our hands and seals,
CITY OF CARLSBAD
ATTEST : BY MARY H. CASLER, Mayor
Aletha L. Rautenkranz,
City Clerk
Approved as to form: . CTIC ASSOCIATES
BY Harold E. Horn
Vincent F e Biondo , Jr e
City Attorney
CARLSBAD CABLEVISION ALP
Carlsbad, cb 92008
5720 El C-0 Real
All States except-Texas
819 GL 196443 CCS-
Texas 819 GL 196454 CCS
PRODUCTSICOMPLETED
@ CONTRACTUAL INSURANCE
COMBINED
INDEPENDENT CONTRACTORS
PERSONAL INJURY
COMPREHENSIVE FORM All States except Texas
819 FJ 374997 CCA
UMBRELLA FORM
RTHAN UMBRELLA
. NPMEANDADDRESS OFCERTIFICATE HOLDER
CITY OF CARLSBAD, CALIFORNIA
1200 Elm Avenue
Carlsbad, CA 92008
Attn: City Manager
William Gratrix
ACORD 25 (1-79)
Carlsbad, California 92008
All States except-Texas
BODILY INJURY AND
INDEPENDENT CONTRACTORS
COMPREHENSIVE FORM All States except Texas
#19 FJ 374997 CCA
NON-OWNED
All States UMBRELLA FORM
OTHERTHAN UMBRELLA
Physical Damage
THE CITY OF CARLSBAD, CALIFORNIA is named as an Additional Insured as respects their
NAME AND ADDRESS OF CERTIFICATE HOLDER
CITY OF CARLSBAD, CALIFORNIA
1200 Elm Ave. Carlsbad, CA 92008
Attn: City Manager
William Gratrix
ACORD 25 (1 79)
DANIE)S WSOCEATE INC
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January 6, 1983
Treasurer
City of Carl sbad 1200 Elm Avenue Carlsbad, Ca. 92008
Gent1 emen :
On the franchise agreement that Carlsbad Cablevision has with the City of Carlsbad, we submit the following calculation and check to cover our franchise fee for the quarter ended December 31 , 1982.
MONTH GROSS REVENUES
October 63,738.73
November 57,474.65
December 62,919.60
Total Gross Revenues 184,132.98
Rate x 3%
Franchise Fee 5,523.98
If you have any questions in regard to the above calculations, please do not hesitate to let us know.
Si ncerel y ,
DANIELS & ASSOCIATES, INC. y/+ Phyl is Hettinge
Accounting Supervisor
PH/1 i
Enc.
2930 East Tnird Aveiue PO 9ox 6008 Dewer Colorado 30206-0008 303 321 -7550
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October 4, 1982
Treasurer City of Carl sbad 1200 Elm Avenue Carlsbad, Ca. 92008
Gentlemen:
On the franchise agreement th t Carlsbad Cablevision has ith the City of Carlsbad, we submit the following CL cZTEGT to cover our
franchise fee for the quarter ended September 30, 1982.
MONTH GROSS REVENUES
July 54,820.46 August 54,722.85
September 58,355.87
Total Gross Revenues 1 67,899.1 8 Rate x 3%
Franchise Fee 5,036.97
If you have any questions in regard to the above caluclations, please do not hesitate to let us know.
Si ncerel y ,
DANIELS & ASSOCIATES, INC. *'+ Phyllis Hettinger Accounting Supervisor
PH/1 i
Enc.
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