HomeMy WebLinkAbout2007-181 Agrmt - SOU RVTV Services
-,
CITY OF
ASHLAND
AGREEMENT FOR SERVICES
BETWEEN
CITY OF ASHLAND
AND
solJrnERN OREGON UNIVERSITY
Agreement between the City of.Ashlarld. ("City") and the State of Oregon acting by and
through the State &ard of Higher Education on behalf of Southein Oregon University
("SOU") and' Rogue Valley Community Television ("RVTV").
RECITALS:
A. City and SOU have provided cable access television to the community for
several years as reflected in the existing agreement between the City and Southern
Oregon College entitled "Agreement for Services between City of Ashland and Southern
Oregon College", dated June 11, 1996 ("the existing agreement").
B. 1bis Agreement is intended to replace the existing agreement.
C. City and SOU ~ow enter into this Agreement to identify their roles and
responsibilities in the provision of cable access services by SOU for the City.
SOU and City agree:
1) SOU RapoDJibQitjes. SOU shall U$e its best e1fo~ to aChieve the following
objectives during thc;,periocl,ofthis ~:
1.1 Operate Rogue Valley Community Television (RVTV).
1.2 Fnvge in the cablecastofPublic, Education and Government (pEG) access
programming and assume control ot: all cable channels and interconnect facilities made
available to. the City for its use.
1.3 Provide to the citizens of Ashland educational courses in video production.
Upon completion, citizens become Certified Producers and are trained in the safe, proper
and effective use ofRVTV's equipment and facilities. Certified Producers are granted
access to RVTV facilities and equipment to produce local community programming that
will be cablecast free of charge on the desigJ'Slted Public Access channel.
1.4 Wolk in collaboration with the City to seek citiml input on the services of
RVTV as covered in this Agreement in order to modify, enhanceand/or expand RV1V
AgreCmeDt tor semces-sou _-city 7 19 OS -
I
services to the citizens of Ashland. This shall be done every two years. Results and
recommendations will be reported to the city council.
1.5 Ensure proper repair and maintenance to all video equipment at City's council
chambers purchased with City funds. All such equipment sball become property of CITY
1.6 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
1.7 Produce government access programming for" the City, the regularly scbeduled .
bi-monthly City Council meetings, monthly Planning Commission meetings, annual
Budget HearingS per fiScal year, two bour-Iong monthly live in-studio shows, sucb as
Town Hall and monthly City Talk. Additional services shall be charged at the rates
reflected on the attached price sheet addendum.
1.8 RVlV will reserve playback capabilities for a channel provided by cable
television provider Ashland Fiber Network (AFN). If AFN chooses to utilize the
playback capabilities reserved for its use, SOU agrees to make available all programming
listed in 1.7, all programming paid for in the price list for RVTV services and other
RVTV programming. If AFN wishes RVTV to "package" content for the channel, the
parties will make their best efforts to enter into an agreement for those additional .
services.
1.9 Provide Video on Demand ("VOn") services to include archiving up to 100
program files of City. government access programming for a period of one year from date
of capture. RVlV provides the City with links to the City website and the City
determines program selection for the VOD services.
1.10 Determine, after consultation and approval by city, use of channels assigned-
to City.
2) SOU RepOrt RespouibUities.
2.1 SOU shall provide' information to the City as the City sbaI1 reasonably deem
appropriate regarding SOll's RVlV activities, use of funds and accomplishments under
this Agreement.
. 2.2 SOU sball immediately report to the City upon ~ming aware of any
unexpected development or problems regarding ~or fiscal considerations
which may jeopardize the provisions of service under this Agreement.
2.3 SOU sbaU provide an unR1Jdited annual report to the City prior to September
30 of each year regarding RVlV workshops and training conducted; 'government and
public access programming; .revenue and. capital and operating expensesBQd a budget-to-
actual financial statanent based on the fiscal year. SOU will certify tbatthe unAudited
annual report provided to the City are the final numbers reported to SOU by RVTV.
Agreement .for Services SOU lIDd City 7 19 OS
2
3) Period of Performance. The period of perfonnance covered by this Agreement is
from the date of the last signature affixed to this document to June 30, 2008. In the event
written notice is not given by eithCr party to terminate this Agreement at least 180 days
prior to the termination date, this Agreement shall be extended for successive two-year
periods on the same terms and conditions .
4) Compensation and Method of Payment. Subject to the conditions set out in sections
4.2 and 5.1, the City shall pay to SOU:
4.1 Forty percent, not to exceed $50,000 annually, of the cable television
franchise fees received by the City.from Ashland Fiber Network (AFN) and Charter
Communications (Charter) derived from the franchise areas granted to AFN and Charter
during the period set forth in section 3.
4.2 One hundred percent of the PEG access fees received by the City. These fees
may only be used by SOU for RVfV facilities and equipment or equipment for CITY
council chambers. Equipment purcha~ for RVlV under this provision sbaIl become
the property ofSOll. Equipment purchased for CITY council chambers shall become the
.property of CITY. SOU will be responsible for repairing and replacing all equipment
including equipment purchased for CITY council chambers.
4.3 Equipment upgrades desired by the City, as contrasted with replacement, will
be funded separately by the City. SOU will be responsible for repairing and replacing
this equipment.
4.4. Any PEG access grant received by the City from Charter pursuant to the
renewal franchise between theCity-8Dd-Gbarter-isto be usecUopurcbasePEG access
equipment for the City's councU ~bers. Sudl equipment sball be owned by Crrv, and
I maintained, repaired and replaced'.by SOU& .
4.5. City will pay frai1chise and PEG fees according to this contract based on .
actua1 revenue received for the filst three quarters of the year. The fourth quarter may
be estimated and any adjustments will be made in the first quarter of the subseqUent
year. All payments will reflect a breakdown of franchise fees and PEG fees. All
payments are due within 30 days from date of billing statement.
All payments made to SOU under this Agreement should be sent to the following
address:
SOU Bvsiness Services
Attn: Valerie Dean, Accounts Receivable
1250 Siskiyou Blvd.
Au1and, OR. 97520
5) Budget Restrictions
Agreement for Services SOU aad City 7 1905
3
5.1 The amount of cable television franchise fees payable'to SOU under section
4.1 is subject to final appropriation by the City in the budget process on an annual basis.
.
5.2 If sufficient funds are not provided in future legislatively approved budgets 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,
SOU may terminate this Agreement without further liabilitY by giving the City not less
than 30 days prior notice. In detennining the availability of funds for this Agreement,
SOU may use the budget adopted for it by the Joint Ways and Means Committee of~e
Oregon Legislative Assembly. SOU will include in its budget request for each fisCal
year sufficient for this Agreement.
6) Termination. This Agreement may be terminated by either party if the other party:
6.1 Commits any breach of any of the terms or conditions of this Agreement and
fails or neglects to correct the same within 30 days after written notice of such breach. If
the breach is of such nature that it cannot be completely remedied wi1hin 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
~ffect the remedy as soon as is practicable.
6.2 Fails to budget sufficient funds to meet its contractual obligations under this
Agreement.
7) Remedies. In the event of termination, SOU shall pay to the City any unexpended
funds received by SOU at any time from the City. City shall pay SOU for compensations
earned and costs incurred by RVTV prior to the termination date.
8)-Auipment.SOUshall-not assign or-transfer-any-interest-in-tbis-Agreement-without
prior written consent of the City, provided, however, that SOU may SIIbcontract the
performance of any provision or obligation required by this Agreement, so long,asSOU
remains primarily responsible to the'City for the performance of such provision or
ooli~oo. _
9) General Provisions.
9.1 City 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 performance of the
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 pedinent to the
Agreement for the pmpose of IURlcing audit, e,cRmination, excerpts, and transcripts. Such
books and records sba1I 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 terms of the Agreement.
Agreement ' fOr Services SOU and city 7 19 OS
4
9.2 Except as otherwise limited by Oregon law, ORS 30.260 through 30.300, and
the Oregon Constitution, Article XI, Section 7, each party shall be responsible for its
tortuous acts and those of its offers or employees arising out of, Or in any way connected
with the acts of each party under this Agreement.
9.3 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 performance of the Agreement. CITY,. and their duly authorize4
representatives shall have access to the bookS, documents, papers, and records of SOU
which are directly pertinent to the Agieement for the purpose of making audit,
examinAtion, excerpts, and transcriPts. Such books and records shall be maintained by
SOUfor three years from the date of the completion of work unless a shorter period is
authorized in writing. SOU is responsible for. any SOU audit discrepancies involving
deviation from the terms of the Agreement.
9.4 Except as provided for in this Agreement, the City shall not be liable for any
obligations incurred by SOU. SOU shall not represent ~ any person that the City is
liable for SOD's obligations; except for Such obligations the City may be liable as
provided for in this Agreement.
9.5 SOU is required to comply with chapter 3.12 of the Ashland Municipal Code
by paying a living wage, as defined in this chapter, to all employees performing work
under this Agreement and to any subcontractor who performs 500At or more of the service
work under this Agreement. SOU is also required to post the attached notice
predominantly in areas where all employees will see it.
10) Notiees-and-Repraentatives.-AIl-notices,certificates,or-communieations-shall be
delivered or mailed postage prepaid to the parties at their respective pl8ces of business as
set forth below or at a place desigTIAted hereafter in writing by the parties. '
CITY of Ashland:
Gino Grimaldi
City A~r
20 East Main
Ashland, OR 97520
Southern 0re20n University
Elizabeth Sunitsch
Contr8cts Officer
1250 Siskiyou Boulevard
Ashland. OR 97520
II) This Agreement constitutes the Entire Agreement between the parties. There are no
understanding, agreement, or representations, oral or written, not specified herein
Agrccmentfor Services SOU 8DdCity 7 19 OS
s
regarding this agreement. No amendment, consent, or waiver or terms of this agreement
shall bind either party unless in writing and signed by all parties. Any such amendment,
consent or waiver sluJlI be effective only in the specific instance and for the specific
purpose given. The parties, by the signatures below or their authorized representatives,
acknowledge having read and understood the Agreement and the parties agree to be
bound by its terms and conditions.
Agrecmem. for Services SOU IDd City 7 19 OS .
6
Addendum
City of Ashland Price List for RVTV.Services
The following applies to all services not included in the
Agreement for Services
Service Description Unit Fee Ashland Ashland Ashland Ashland
Year 1 Year 2 Year 3 Year 4
05 - 06 06 -07 07-08 08-09
. Live Government meeting Per $75 $25 $35 $45 $55
in Council Chambers Hour
City Government meeting Per $14 $0 $0 $0 $0
Rebroadcast Hour
Studio based live call-in Per $450 $450 $450 $450 $450
TV moduction Hour
City Band Per $250 $350 $350 $350
Show
Single camera shoot for a Per $250 $250 $250 $250 . $250
meetin~ I presentation Show
RVTV Mobile Trock- Per Per Per Per Per Per
individually ne20tiated shoot shoot shoot shoot shoot shoot
Video Productions - $2500
average cost per 15 min.
Each production shall be
a negotiated price,
. . on comDlexitv
Community Access 8 $45 $45 $4S $45
Producers Certification classes
Community ACcess $0 $0 SO $0 $0
eQuiDment check out
Community Access Studio $0 $0 SO $0 $0
use
Note: S3S0 billed in FY03-04 for 7 Budget meetings ($SO each)
$17S0 billed for FY04-OS for 7 City Band performances ($2S0 each)
Aareemem for Services SOU IUd City 7 19 OS
7
rA'
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
CITY RECORDER'S COpy
...~--,,,,, ~
I 8/2/2007 I L
Page 1 / 1
,
07717
VENDOR: 001245
SOUTHERN OREGON UNIVERSITY
1250 SISKIYOU BLVD
ASHLAND, OR 97520
SHIP TO: City of Ashland
(541) 488-6002
20 E MAIN STREET
ASHLAND, OR 97520
FOB Point:
Tenns: Net
Req. Del. Date:
Speclallnst:
Req. No.:
Dept.: ADMINISTRATION
Contact: Ann Seltzer
Confinnlng? No
RVTV Services provided by SOU
Plus 40% franchise fees (not to exceed
$50K) and 100% PeQ fees
114,000.00
Period of performance to June 30, 2008.
In the event that written notice is not
Qiven to either party to terminate this
aQreement at least 180 days prior to
the termination date, this aQreement
shall be extended for successive 2-year
periods on the same terms and
conditions .
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
114
u~
-~ ~~7
Auth l~ Signature
VENDOR COpy
A request for a Purchase Order
REQUISITION FORM
CITY OF
ASHLAND
THIS REQUEST IS A:
D Change Order(existing PO #
Date of Request:
Required Date of Delivery/Service:
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
~A~ ~ ~~
SOLICITATION PROCESS
Small Procurement E}-- Sut8Source 0 Invitation to Bid
o Less than $5,000 o Written findings attached (Copies on file)
o Quotes (Not required)
Cooperative Procurement 0 Reauest for ProDOsal
o State of ORIWA contract (Copies on file)
Intermediate Procurement o Other government agency contract 0 Special I Exempt
o (3) Written Quotes 0 Copy of contract attached 0 Written findings attached
(Copies attached) 0 Emeraencv
0 Contract # 0 Written findings attached
Description of SERVICES
jtJ/J7/ Q/~iJ f/tl(//~~A-!1 JfJ?[
flLIJ _ 'f1J1 /r1l'1duffLft& .-~{)r P ~(:'lJL
o Per attached PROPOSAL 3 ...$..61J1::
Item # Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost
Project Number __ _ _ __. ___
o Per attached QUOTE
Account Number L!/l. ~ j. JJ. M -It ~ 'II ~ 0
· Items and services must be charged to the appropriate account numbers for the financia/s to reflect the actual expenditures accurately.
By signing this requisition fonn, I certify that the infonnation provided above meets the City of Ashland public contracting requirements,
and the documentation n be provided upo request.
Supervisor/Dept. Head Signature:
~ ;1.. · e d-
J;fL4 t"'"6/.7
Employee Signatu :
G: FinancelProcedurelAPIFonnsl8_Requisition fonn revised.doc
Updated on: 7/24/2007
'" I