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HomeMy WebLinkAbout2020-009 20200269 SOU RVTVE CITY OF ASH LAN D AGREEMENT FOR RVTV SERVICES BETWEEN CITY OF ASHLP:ND AND SOUTHERN OREGON UNIVERSITY This Agreement is entered into. the day of December 2019,: by and between THE CITY OF ASHLAND, a municipal corporation (hereinafter "City") anti. SOUTHERN OREGON UNIVERSITY ("SOU"). RECITALS A.. ORS 1.90.11.0 and ORS 190.01.0 authorizes a unit of local government to enter into -an agreement with another unit of local government or state agency for the performance of any or all functions and activities that a part to the agreement has authority to perform; and B. The City and SOU have provided cable access television to the community for several years as reflected in the prior agreements between the City and SOU and its predecessors, including agreement dates June 11,19.96, September 9, 2005 and dune 18, 2012;-and July 25., 201 b. C. The 2016 agreerrient and it's 2017 amendment expires qn June 30, 2019 and this Agreement is intended to replace all prior written or verbal agreements between the parties; and D. The City and SOU enter into this. Agreement to identify their roles and responsibilities in the provision of cable access services by SOU through the operation of Rogue Valley Community Television (RVTV) from July 1, 2019 through rune 30,2021; and NOW, THEREFORE, in consideration for the mutual covenants contained herein,`the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows; 1. RECXTALS. The recitals set forth above are true and correct and are incorporated .herein by this reference. 2. DURATION. [ORS 190.020(I)(e)1 Except for termination as provided herein; the term of this agreement shall commence upon approval and execution by both City and SOU and shall terminate on June 30, 2021, unless administratively extended in writing as ,providedd for herein, The City Administrator may extendthis ,Agreement twice; by one year each extension, by indicating in writing to SOU that an..extension of the Agreement is sought under the same terms and conditions of this Agreement. The extension shall be effective upon receipt of a document. from an authorized SOU representative consenting to the extension under the same terms and condition, allowing for increase in funding as.noted herein 3. SOU SERVICES, FUNCTIONS AND RESPONSABILITIES. [ORS 190.020(1)] SOU shall use its best efforts to achieve the fallowing objectives during the period of this Agreement: 3.1 Operate Rogue Valley Community Television (RVTV). December 2019 3.2 Engage in the cable cast of Public Education and G �vernment (PEG) access programming and subject to this agreement, assume control of all, cable chatuiels and interconnect facilities made available to the City for its use. 3.3 Provide to the citizens of Ashland various educational courses in Digital. Media. An annual certification course in the usage of the RVTV studio and RVTV Public. Access Field. equipment will be offered, Individuals completing these courses will receive the benefits of usage of the resources they Were trained on, at lWefor reduced rates. 3.4 Provide regular equipment maintenance services a�d support up to four hours per month to all video and. audio equipment at. City's Council Chambers. 3.5 RVTV's telephone response to the City's phone call request. for assistance should occur within a half hour. The City asks that RVTV provide an "on call" phone number that will be answered by a competent technician. ! 3.6 Ensure proper repair, maintenance and security of Equipment purchased for use at the RVTV facility with City funds. All such equipment shall become property of SOU. 3.7 Produce govermnerit access programming fox the City; the regularly selieduled bi-nionthty City CoudWl meetings, bi-monthly City Council study sessions, monthly Planning Commission meetings, annual Budget Committee meetings, up to twelve additional televised meetings in Council Chambers, and up to seven City Band cdneerts in Lithia .Par%. (weather. permitting). Additional media services may be purchased by.or under the direction of the City Administrator within the not -to -exceed, limit of this agreement; such additional services shall'be charged at the rates reflected on the attachedExhibit A, "Southern Oregon Digital Media Center Production Rate Card": 3,8 RVTV will reserve playback capabilities for a channel provided by the City of Ashland's Ashland Fiber Network (AFN) or its designated cable television; provider. If AFN, or its designated cable television provider, chooses to Utilize the playback, capabilities reserved for its use, SOU agrees to make available all applicable programming described in 3.7, as well as additional RVTV programming mutually agreeable to both parties. If AFN, or its designated provider, wishes RVTV to "package" content for the channel, a separate contract for services shall be agreed to by the parties. 3.9 Provide Video on Demand CTOD") services to include archiving up to 1.00 programs files of City government access programming for a period of one year from the date of capture. RVTV will link the video programming to the City website within 24hrs of the live broadcast. December 2019 3.10 Determine, after consultation and approval by city, use of channels assigned to City. 3.11 In addition to an annual report summarizing key programming related metrics, consumption trends and program utilization, SOU shall provide information to the City, upon request, that the City deems reasonable appropriate regarding SOU's RVTV activities, including use of funds and accomplishments under this Agreement. i z 4. Payment [ORS 190.020(1)(A)] This Agreement involves the payment of money from the City of Ashland to SOU for RVTV services. 4.1 Subject to the condition set out in this Agreement, the City shall pay to SOU for RVTV services in amounts not to exceed: 1.) FY 20 $70,640 (3% increase over FY 19) 2.) FY 21 $72,759 (3% increase) 4.2 City shall provide all necessary information to SOU to establish the City as a vendor of SOU; such information shall include, but not be limited to City's contact information and tax identification number. 4.3 Equipment upgrades in City Council Chambers desired by the City will be funded separately by the City. 4.4 All payments made to SOU under this Agreement should be send to the following address: SOU Business Services Accounts Receivable 125q Siskiyou Blvd. Ashland, OR 97520 4.5 SOU is required to comply with the Ashland Municipal Code by paying a living wage, as defined in City code, .to all employees performing ,vork under this Agreement, including living wage posting requirements. i. 5 BUDGET NON -APPROPRIATION The City's obligation ito pay and SOU's obligation to provide services and equipment under this Agreement are subject to non -appropriation of funds in the budget process. 5.2 The amount of money payable to SOU under section 4.1 is subject to final appropriation by the City in the budget process on an annual basis. Notwithstanding the termination provisions herein, termination may also occur for such non -appropriation. Specifically, all City obligations to expend money under this Agreement are contingent upon future appropriation as part of the City budget process and local budget law, and the failure of the Council and Budget committee to make the appropriation shall necessarily result in December 2019 ` termination of the Agedrnent. As such, intlie event insufficient funds are appropriated for the payments under this Agreement and.the City elects not to utilize any other lawfully available fluids, then the City may torminatethis Agreement at the end of its current fiscal year, with no further liability or penalty to the City, The. City shall deliver written notice to SOU of such termination no later than thirty (30) days from the determination by the City of the event of non -appropriation. 5.3 If sufficient fluids are not provided in future.legislatively approved higher education budget or the allocation of such budget by theHigber Education CoordinatingCommission of SOU to permit SOU in the exercise -of its reasonable administrative discretion to continue this Agreement, or if the program for which. this Agreement was"executed is abolished, .notwithstanding any other provision of this agreement, SOU may terminate this Agreement without further liability by giving the City not less #han 30 days prior notice. In determining the Availability of funds for this Agreement, SOU bray use the budget adopted for itby the Higher Education Coordinating Commission. SOU will include funding in its budget request for each fiscal year sufficientto fulfill the terms of his Agreement. 6 Revenue [ORS 190.020(1)(b)] This ugicement. does not ini,olve the receipt of revenue which must be apportioned between the parties. Each party shall be solely responsible for revenue, if any received. 7 PERSONNEL, [ORS 190,020(1)(D)] No employees will be transferred pursuant to this Agreement. SOU shall be solely responsible for wages and benefits paid to employees working for RVTV. 8 REAL OR PERSONAL PROPERTY [ORS 19.01020(i)(0)] There shall be no transfer of title or possession to any real or personal property pursuant to this t agreement. 9. TERMINATION [ORS 190,020(l)(P)] Ql All or part of this Agreement may be terminated by inutualconsent byboth parties, or by either party at anytime, upon ninety (90) days' notice inl writing and delivered by certified mail, In the event of termination of the agreement, each party -shall be responsible for its own costs and expenses in complying with the agreement. 9,2 This AgreeraW may be terminated by,either party if the other party commits any material breaeh,of any of the terms or conditions ofthis Agreement and. fails or neglects to correct the sane within 30 days after wiitten,notice of such breach. Ifthe breach is of such nature that it cannot be completely remedied within the 30-day.period, this provision shall be complied with if correction of the breach begins within the 30-day period and thereafter proceeds with reasonable: diligence and in good faith to effect the remedy as soon as is practicable. 93 This Agreement may be terminated for icon -appropriation as specified in Section 5. 10, REMEDIES In the event of termination, SOU shall pay to the City any unexpected funds received by SOU at any time for the City, City shall pay S0U for services rendered and costs incurred by RVTV prior to the termination date. December 2019 11. ASSIGNMENT SOU shall not assignor transfer any interest in this Agreement without prior written consent of the City, provided, however, that SOU may subconi5act the performance of any provision or obligation required by this Agreement, so long as SOLI remain, primarily responsible to the City for the performance of such provision or obligation. 1 12. INSPECTION RECORDS 1 t 12.1 City shall maintain books, records, documents, and other evidence and accounting procedures and practices sufficient to properly reflect all costs of whatever nature claimed to have been incurred and anticipated in the performance of this Agreement. The Oregon Department of Higher Education, Oregon Secretary of State, Federal. Government and their duly authorized representatives shall have access to the books, documents, papers, and records of City which are directly pertinent to the Agreement for the purpose of making audit, examination, excerpts, and transcript, Such books and records shall be maintained by City for three years from the date of the completion of work unless a shorter period is authorized !,in writing. City is responsible for any City audit discrepancies involving deviation from the ter: is of the Agreement. 12.2 City shall have access at all reasonable times, including during normal working hours, to all books and records of RVTV. SOU shall maintain books'records, documents, and other evidence and accounting procedures and practices sufficient to reflect properly all costs of whatever nature claimed to have been incurred and anticipated in the perilprmanee of the Agreement. CITY, and their duly authorized representatives shall have access to'the books, documents, papers and records of SOU which are directly pertinent to the Agreement for the purpose of making audit, examination, excerpts, and transcripts. Such books and records shall be maintained by SOU for . three years from the. date of the completion of work unless a shorter period is authorized in writing. SOU is responsible for auy SOU audit discrepancies involving deviation from the terms of the Agreement. 13, HOLD HARMLESS AND INDEMNIFICATION 13.1 The City of Ashland is not providing services but purchasing services through SOU. Accordingly, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, the parties both shall hold each other harmless, defend and indemnify the other from any and all claims, demands, damages or injuries, liability of damage, including injury resulting in death or damage to property, that anyone may have or assert by reasons of any error, act or omission of the other, its officers, employees or agents. Similarly, the City of Ashland shall not be held responsible for any claims, actions, costs, judgments or other damages, directly and proximately caused by the criminal; or wanton acts of SOU, its officers, employees, or agents or the negligence of SOU, its officers, employees or agents, If any aspect of this indemnity shall be found to be illegal or invalid for any reasons whatsoever,, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 13.2 Except as provided for in this Agreement, the City shall not be liable for any obligations ineurred by SOU. SOU shall not represent to any person that the City is liable for SOU's obligations; except for such obligations the City maybe liable as provided for in this Agreement or as provided by law. December 2019 14, INSURANCE City and SOU, at their sale cost And experts shall maintain all risk property and public liability insurance policies on the prospective properties, and resources included in this agreement. The initial limits of liability required will be $2,000,000 for eabh occurrence_and $4,000,000 in aggregate for the liability coverage and all property upon completion of construction shall be written on replacementcosts basis. a 15. DISPUTE RESOLUTION: City and SOU shall attempt to resolve all disputes through staff discussions at the lowest possible level. Both parties to this Aireement. agree to provide other resources and personnel to negotiate and find resolution to disputes .that cannot be resolved at the staff level. Asa next step, claims, disputes or other matters in questions between the parties to this Agreement arising out of or relating to this Agreement, or breach thereof shall be determined by mediation. Disputes shall be initially submitted to mediationby a mediator chosen by the parties. The cost of mediation shall be borne equally by the parties. If the parties are unable to agree yipon a mediator within. 5 days or if mediation fails to resolve the dispute, either party may mutually, agree to any other form of dispute resolution or pursue litigation. NOTICE AND REPRESENTATIVES All notices, certificates, or communications shall be delivered or mailed postage prepaid to the panties at their respective places 1)f business as set forth below or at a place designated hereafter in writing. by the parties. City of Ashland Kelly Madding or designee City Administrator 20 East Main Street Ashland, OR 97526 SogtheLrn Oregon University Greg Perkinson Vice President for Finance and Administration 1250 Siskiyou Boulevard Ashland, OR..97520 And when so addressed, shall be deemed given upon deposit in the United Sates Mail, postage prepaid, In all other instances, notices, bills, and payments shall be deerned given at the time of actual delivery. Changes may be made in the names and addresses of the persop to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph.. 17. MERGERThis Agreement constitutes the Entire Agreement between the parties. There are no understandings, agreements, or representations, oral or written l not specific herein regarding this agreement, No amendment, consent, or waiver or terms ofthis agreement shall bind either party unless in writing and signed all parties. Any such amendment, conse4t, orwaiver shall be effective only in the specific instance and for the specif c purpose given. The parties, by the signatures below or their authorized representatives, acknowledge having read and undc�stood the Agreement and the parties agree to be bound by its terms and conditions. December 2019 , IN WITNESS WHEREOF, the parties hereto have caused this instrmnent to be executed in two (2) duplicate originals, either as individuals, or by their officers' tllareunto duly authorized. DATED ttusJ�Q_ day of December, 2019 CITY OF ASHLAND By Title [r < Date SOUTHERN/O�REGON UNIVERSITY By-! �' 1�" `91l/—NI Title. .Vice President ofFinaace and Adininistration Date I December 2019 SOUTHERN OREGON DIGITAL MEDIA CENTER PRODUCTION RATE, CARD: EXTERNAL CLIENTS The Southern Oregon Digital Media Center and its si off 'are available to support clients with a wide range of digital video production services and resources.. We provide turn- key services that cover production needs from concepf to broadcast, and clients can also rent our facilities and equipment or hire our team with hourly and daily rates. PRODUCTION PACKAGES Single Camera Event Package A solution for clients needing video archives of lectures or other events. $300 Single camera, ' minimal post -production, event clurailor; tip to two hours. Archive quality only, not suitable for broadcast or other public use. Premiere Event Package For broadcast or online presentation of lectures or other events. Deliverable $600 includes a video file ready for HD broadcast or upload to YouTube or other 1/2 day social media platforms. Includes up to three cameras and operators, plus $1()00 post -production and graphics Integration. Service also includes consultation full day with DMC staff to optimize quality and impact of presentation. Studio Program For live or taped programs in the DMC's studio. Deliverable includes a $450 video file ready for HD broadcast or upload to YouTube ' or other social 1/2 hour media platforms. Includes up to three cameras and operators, post- $550 production and graphics integration, and hosting on our video server. I hour t Organizational Profile Video A documentary style approach to a promotional profile video of an $850 individual or organization. This 1- 3 minute short video will be crafted in and up collaboration with you and the DMC. Staff and/or faculty will lead a small student production crew to develop an interest -generating short. Multi camera HD performance capture Development and production of a music video, digital short, exhibition $1200 film, or event documentary. We design maximum coverage of your and up event with multiple HD DSLR for comparable) recordincy's to create an artistic and powerful video that captures the essence of the performance or activity. This package includes significant collaboration with your organization to create landmark documentation of your event. Page I of 2 dmc.sou,edu 01/02/17 i SOUTHERN OREGON DIbITAL MEDIA. CENTER TELEVISION PRODUCTION RATE CARD: EXTERNAL CLIENTS HOURLY FEE SCHEDULE Resosrrce Hour V. Jay (5 hours) Day (110 hours) Studio, Ughts & Technician $50 $.200 $400 Full Studio Production with. $200 $710 $1200 3- 5 Crew/$taff HD Camera & Technician $150 $500 $1000 (Includes audio capture) ' Staff Producer/Director $100 $4fl0 $800 Post -Production $55 Includes Rendering, Digital Editing, Graphics & Animation ADDITIONAL OPTIONS & FEES Long format projects (over 20 minutes) can also be made available on our secure cloud -based video player for on -demand online viewing at $50 per program. We provide video conversions, exports and do to transfers for $20 per file. Client productions that fit RVTV's content guidelines coo be submitted for televised distribution on our cable access channels at no extra cost. t INSURANCE GUIDELINES Companies or productions can choose to rent the DMO's studio '& support spaces and provide thier own production staff, but must carry an insurance policy with a $1,000,000 minimum liability rider. A staff member must be present in the building during all usage, and that cost Is included In :our studio fee .schedules. ABOUT THE DMC Based at Southern Oregon University, the RMC operatels one of the largest television production facilities in Southern Oregon and Northam California. Our resources Include a multi-carnera HD television studio with full lighting grid, audio Integration, green screen, and virtual set capabilities, The DMC offers multiple pricing options, and can prepare formal bids for any proposed use, s c 4 Page 2 of 2 01 /02/17 J i P Purchase Order B City of Ashland I ATTN: Accounts Payable L 20 E. Main L Ashland, OR 97520 T Phone:541/552-2010 O Email: payable@ashland.or.us V SOUTHERN OREGON UNIVERSITY E RVTV D 1250 SISKIYOU BLVD R ASHLAND, OR 97520 1/201 H C/O Administration 1 20 East Main St p Ashland, OR 97520 Phone: 541 /488-6002 T Fax:541/488-5311 Local Access TV Services 1 Local government access TV services 1 FY 20 - $70,640.00 Agreement for RVTV Services Between City of Ashland and Southern Oregon University Project Account: 2 FY 21 - $72,759.00 1 Project Account: GL SUMMARY *************** 010219 - 604100 $70,640.01 I $70,640.0000 1 $70,640.00 1 $0.0100 1 $0.01 1 By: C p'44it, � Authorized Signature Date:-- $70 640.01 FORM#3 CITY OF ASHLAND REQUISITION oP� 602 /'7-� Date of request: Required date for delivery: Vendor Name Southern Oregon University - RVTV Address, City, State, Zip 1250 Siskiyou Bv, Ashland, OR 97520 Contact Name & Telephone Number Brandon Givens, givensb@sou.edu Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency ❑ Form #13, Written findings and Authorization ❑ Reason for exemption: ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached Attach copy of council communication If council approval required, attach copy of CC ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding $5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award copy of council communication) Contract # ❑ Verbal/Written bid(s) or proposal(s) _(Attach ❑ Request for Qualifications (Public Works) ❑ State of Washington Date approved by Council: Contract # _(Attach copy of council communication ❑ Other government agency contract Agency Intermediate Procurement ❑ Sole Source GOODS & SERVICES ❑ Applicable Form (#5, 6, 7 or 8) Contract # Greater than $5,000 and less than $100,000 ❑■ Written quote or proposal attached El Form #4, Personal Services $5K to $75K Inter overnm ntal A re Agency Gc. El (3) Written bids & solicitation attached PERSONAL SERVICES ❑ Annual cost to City does not exceed $25,000. ❑ Special Procurement Greater than $5,000 and less than $75,000 ❑ Form #9, Request for Approval ❑ Written quote or proposal attached Agreement approved by Legal and approved/signed by City Ad ' 'strator. AMC 2.50.070(4) �g _ 5 y to City exceeds $25,000, Council ❑ Less than $35,000, by direct appointment El (3) Written proposals & solicitation attached Date approved by Council: nnual cost ❑ Form #4, Personal Services $5K to $75K Valid until: Date approval required. (Attach copy of council communication) Description of SERVICES Total Cost Local Govt access TV services consistent with existing contract terms $ 70,640 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quote/proposal Project Number _ _ _ _ _ _ - _ 010219 604100 __ Account Number______-______ TOTAL COST Account Number - Account Number _____--- _____ 'Expenditure most be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: 4z I T Director Date Support -Yes / No By signing this re .sition form, I certify that the City's public contracting requirements have been satisfied. Employee: Department Head: / J (Equal o o g ter than 0) Department Manager/Supervisor: City Administrator: VIAU / 11 -- (Equal to or gr rt n $25,000) Funds appropriated for current fiscal year.- 1YES) NO . ('i4 �4 "�� Li Deputy Finance Director- (Equal to or greater than $5,000) Dare Comments: Form 43 - Requisition Council Business Meeting December 3, 2019 Agenda Item Intergovernmental Agreement with Southern Oregon University for Public Access Television Services RVTV From Adam Hanks Assistant City Administrator Contact Adam.hanks@ashland.or.us. i SUMMARY This is an Intergovernmental Agreement (IGA) with Southern Oregon University to provide government and public access television services through Rogue Valley Community Television (RVTV). POLICIES, PLANS & GOALS SUPPORTED Enhance and improve transparency and communication. PREVIOUS COUNCIL ACTION See background and additional information. BACKGROUND AND ADDITIONAL INFORMATION RVTV, through Southern Oregon University, provides government and public access television services for the City of Ashland. The current Agreement expired on June 30, 2019. Previous agreements have been executed on June 11, 1996, September 9, 2005, June 18, 2012, and August 1, 2016.. , Services provided are listed under Section 2 of the agreement. These services include: • Engage in the cable cast of Public Education and Govermr nt (PEG) access programming and assume control of all cable channels and interconnect facilities mafle available to the City for its use. • Provide to the citizens of Ashland with various educational courses in digital media. An annual certification course in the usage of tihe RVTV studio and RVTV Public Access Field equipment will be offered. All individuals completing these courses will receive the benefits of usage of the resources on which they were trained at free or reduced rates. Provide regular equipment maintenance services and support up to four hours per month to all video and audio equipment located in the City's Council Chambors at 1175 East Main Street. • Provide telephonic assistance to the City to help trouble shoot any technical problems that should occur during any scheduled City meeting. Such telephonid assistance shall be available at all times. RVTV's telephonic response to the City's telephonic request for assistance should occur within one- half of an hour. RVTV shall provide an "on call" phone number to the City that will be answered by a competent.technician. • Ensure proper repair, maintenance and security of equipment purchased for use at the RVTV facility with City funds.provided. All such purchased equipment shall become the property of SOU. • Produce government access programming for the City, the regularly scheduled bi-monthly City Council meetings, bi-monthly City Council study session4, monthly Planning Commission meetings, annual Budget Committee meetings, up to twelve additional meetings in council chambers, and up to seven City Band concerts in Lithia Park (weather permittl g). Additional media services may be purchased by or under the direction of the City Administrhtor. • Reserve playback capabilities for a channel provided by the City. of Ashland's Ashland Fiber Network (AFN) or a designated cable television provident Page 1 of CITY OF ASHLAND • Provide Video on Demand ("VOD") services to include archiving up to 100 programs files of City government access programming for a period of not less than one year from the date of capture. RVTV will link the video programming to the City website within twenty-four hours of the live broadcast. • Determine, after consultation and approval by the City, use of channels assigned to the City. • In addition to an annual report summarizing key programming related metrics, consumption trends, and program utilization, SOU shall provide information to the City, upon request, that the City deems reasonable and appropriate regarding SOU's RVTV activities including, but not limited to, the use of all funds and the provision of all services. FISCAL IMPACTS The annual cost for fiscal year 2019/2020 is $70,640 and for fiscal year 2020/2021 is $72,759. Both are a three percent increase over the previous fiscal years. PEG fees collected: as part of existing cable TV franchise agreements assist in funding equipment utilized to provide the services listed above. The operating costs associated with the contract are allocated from the general fund. STAFF RECOMMENDATION s Staff recommends Council approve this agreement with Southern bregon University. ACTIONS, OPTIONS & POTENTIAL MOTIONS I move to approve the Intergovernmental Agreement with Southern Oregon University for public access television services through RVTV. REFERENCES & ATTACHMENTS Attachment 1: Intergovernmental Agreement with Southern Oregon University for Biennium 2019/2021. Page 2 of 2. CITY OF ASH LAN D