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Home My WebLink AboutRES.204.07-02-1986 /� BILL N0. 86-101 RESOLUTION N0. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CTIC ASSOCIATES FOR CABLE TE��EVISION CONSULTING SERVICES BE IT ORDAIr1ED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: SECTION 1 . The City Manager on behalf of the City of Cape Girardeau, Missouri , is hereby authorized to enter into an agreement with CTIC Associates for cable television consulting services . A copy of this agreement is attached to this resolution and made a part hereof . PASSED AND ADOPTED THIS �� DAY OF , 1986 . � � �� f -, �- , � . ,� . �,. F ancis E . Rho es, Mayor ^ ^ ATTEST: < < Alvin M. Stoverink , City Clerk � � AGREEMENT RETAINING CTIC ASSOCIATES FOR CONSULTATION This agreement is ent:ered into this day of , 1986, by the City of Cape Girardeau, Missouri (hereinafter called "City"), and CTIC Associates, a for-profit corporation organized and existing under the laws of the Commonwealth of Virginia, having its principal place of business at 1500 North Beauregard Street, Suite 205, Alexandria, Virginia 22311, (hereinafter referred to as "CTIC"). ARTICLE I: SERVICES OF CTIC �'`, 1. In General CTIC agrees to perform professional services in connection with this agreement. CTIC's services shall include the provision of analytic and technical advice to the City of Cape Girardeau, sub�ect to the terms and conditions of this Agreement. 2. Scope of Work CTIC agrees to provide assistance to the City Council in achiev- ing Council ob�ectives by performing the following tasks. If time and changes in circumstances should warrant an adjustment or elimination � of any of these tasks or work phases, CTIC will readily make ad�ustments 4` �"'` - 2 - upon notification by the City that certain proposed work tasks are no longer needed. Task 1: Ascertain extent of company compliance with existing franchise and federal laws that may be applicable. Examine system operations as to adequacy of staffing for technical maintenance and providing for delivery of services. Task 2: Determine the technical quality of existing system, reasons and remedies for frequent system outages. Task 3: Clarify current financial status of Cape Girardeau system and develop with the company a format for future financial reports including timely delivery of financial reports. r� Task 4: Clarify franchise line extension policy and develop recommendations for an equitable and understandable policy. Task 5: Establish reporting requirements to track company ac- tivities. Identify information needs for City regulation. Recommend City Administrative procedures for effec- tive system monitoring -- including guidelines for enforcement and processing complaints. Task 6: Develop draft ordinance that will facilitate con- sumer service requirements of the cable operator and provide for consumer protection [i.e. , create a new consumer protection law including enforcement provi- sions) . (See Section 632(c) of Cable Communications Policy Act of 1984.) Task 7: Assist City in its ob�ective to obtain system upgrading, including primarily a system that offers dependable sig- nals and a greater variety of programming that would be comparable with systems of similar size and market � locations. �^ -� 3 - `L ARTICLE II: AUTHORIZATION FOR CTIC TO OBTAIN TECHNICAL ASSISTANCE It is hereby agreed that although the analytic and technical - advice to be provided under the terms of this agreement will be performed by CTIC, or its employees, CTIC shall have the authority to retain outside technical assistance to help on this project if they deem it necessary. ARTICLE III: CITY'S RESPONSIBILITIES The City's responsibilities in connection with this pro3ect ��,, shall be as follows: 1. The City shall provide full information as to the requiremenT.s for the pro�ect. 2. Mr. Gary A. Eide, City Manager, City of Cape Girardeau, shall act as the City's representative with respect to the work to be performed hereunder. Such person shall have complete authority to transmit instructions, re- ceive information, and interpret and define the City's policies and decisions with respect to the work covered by this agreement. ARTICLE IV: PERIOD OF SERVICE This agreement shall commence and be effective upon execution by all parties and shall terminate upon completion of all work required under the terms and conditions of this agreement unless otherwise terminated in the manner provided below. �. � � — 4 — ARTICLE V: TERMINATION Either party shall have the right to terminate this agreement by depositing to the other parties by United States first class mail, return receipt requested, postage prepaid, thirty (30) days written notice of terminatiom or by notice personnally delivered to Harold E. Horn, President, CTIC; or Gary A. Eide, City Manager, City of Cape Girardeau. A termination notice to any party shall be addressed to such party at the address set forth above, unless a different address shall have been specified as the principal place of business of such party by written notice to the other party. It is further understood ,,.� and agreed that should the City terminate this agreement prior to _ completion of all work specified in terms and conditions contained herein, the City shall be liable to pay time and expenses for work actually completed as of the date of termination of this agreement. The City also has the right to change the scope of work by cts— eliminating tasks or performing �cx�sa��B�xX��f��F��df certain tasks in—house. The City must notify CTIC in advance of changes in order to avoid potential charges for work in progress. C��c�xs�� F�Yx��C��xt��s`�ft'��'f��. ARTICLE VI: COMPENSATION CTIC Associates provides its services on an hourly rate basis for ^ professional time. Time for principal consultants is charged at a rate � - 5 - � of $90.00 an hour �;includes all overhead�. Other staff inembers are billed at a rate of $50.00 to $70.00 an hour. The following are esti- mates only. Actual costs will be billed but will not exceed the overall estimate of $15,470.00 without obtaining suthorization. Items 1 and 2 - Technical and Legal Compliance Technical on-scene assistance 30 hrs. @ $70/hr. $2,100 Coordination with work performed on June 9 and 10 by Horn 6 hrs. @ $90/hr. $ 540 Report preparation /� 16 hrs. @ $70/hr. $1,120 Production of Report $ 450 Travel - actual costs to be charged Estimate - Airline $220 Car Rental: 4 days @ $50 200 Meals: 4 days @ $30 120 Hotel: 3 days @ $50 150 Taxi and Misc. 30 $ 720 TOTAL: ITEMS 1 & 2 - $4,930 Item 3 - Clarify Financial Status Financial Analysis (in-house) 16 hrs. Analysis @ $70/hr. $1,120 16 hrs. Report Preparation @ $70/hr. $1,120 ^ Production of Financial Report $ 300 TOTAL: ITEM 3 - $2,540 � — 6 — e� Item 4 - Line Extension Policy Technical Assistance - 6 hrs. Analysis @ $70/hr. $ 420 Pro�ect Director - 6 hrs. @ $90/hr. $ 540 Recommendation to be included as part of Item 1 report. TOTAL: ITEM 4 - $ 960 Item 5 - Establish Reporting Requirements Pro,ject Director 12 hrs. Analysis @ $90/hr. $1,080 Technical Director � 6 hrs. Analysis @ $70/hr. $ 420 Production $ 250 TOTAL: ITEM 5 - $1,750 Item 6 - Develop Draft Ordinance Pro�ect Director 16 hrs. Analysis @ $90/hr. $1,440 Production $ 300 TOTAL: ITEM 6 - $1,740 Item 7 - Negotiation Assistance to obtain System Upgrading and More Diversity of Programming. (a) Develop comparative analysis with other systems of similar size - and market location. � Analyst 24 hrs. @ $50/hr. $1,200 Telephone verification and report - $ 400 $1,600 - 7 — A--. (b) Negotiation assistance - Pro�ect Director - Indefinite -- for estimation purpose, assume: 16 hrs. @ $90/hr. $1,440 Travel $ S10 $1,950 ESTIMATE IF ALL PHASES ARE ACCOMPLISHED AS PROPOSED: $15,470 NOTE: Zf on-scene presentation of report(s) are determined to be necessary by the City, actual professional time and travel costs will be charged on the same basis and rates as shown in the above estimate. ARTICLE VII: PAYMENTS � CTIC will bill the City on a monthly basis for services rendered to date and pro�ect elements completed to the City"s satisfaction. Payment is due, in full, thirty (30) days from the date of each invoice. Payments made within 15 days of invoice date will receive a two (2) per- cent discount. Accounts due over sixty (60) days from invoice date will be charged at a rate of 1.5 percent per month for each month or part thereof overdue to cover finance charges made to CTIC by its bank. ARTICLE VIII: INDEPENDENT CONSULTANT AND CONFLICTS OF INTEREST It is expressly understood by the City that it will make any and all decisions with respect to all actions resulting from CTIC's studies ,.-.. � � - 8 - and that CTIC shall act as an independent consultant giving advice and recommendations only. CTIC warrants that neither the corporation nor its officers, directors, or shareholders now have or shall acquire, re— ceive, or be promised during the term of this agreement any financial interest in any of the matters about which CTIC sha11 be making recommendations. ARTICLE IX: ASSIGNMENT OF AGRE�MENT This agreement shall not be assigned without the prior written consent of all parties hereto. !'� ARTICLE X: CONFIDENTIALITY CTIC shall consider its relationship with the City to be confiden— tial and will not release documents, reports, or work product to any person other than an authorized agent of the City without the express authorization of its designated representative as defined in Article III. ARTICLE XI: INDEMNITY It is expressly understood and agreed by the parties to this agreement that the City agrees to indemnify and hold harmless CTIC from and against any loss, cost or expense arising out of legal action, suits or administrative proceedings of whatever nature, type � or description, as a result of CTIC's performance and this agreement �-, - 9 - except actions arising due to gross negligence or wrongful acts of CTIC or its employees. Provided, that in the event any such proceeding is commenced, the City shall have the right to undertake or participate in such proceedingc and CTIC shall have the obligation to fully and completely cooperate with the City in any such effort. ARTICLE XII: MISCELLANEOUS 1. Paragraph Headi.ii� The paragraph he3dings contained in this agreement are for refer- ence purposes only, and shall not affect in any way the meaning or interpretation of this agreement. n 2. Entire Agreement The foregoing consitutes the entire agreement between the parties and shall not be changed, modified, amended, extended, terminated, waived, or discharged except by an instrument in writing signed by the parties hereto. 3. Severability If any provision in this agreement is finally declared inconsis- tent with any ordinance, statute, or legal decision, by any court having �urisdiction over this agreement, such a decision shall apply only to that provision of this agreement, and CTIC shall have the option of either terminating this agreement pursuant to Article V or .-. performing the agreement under Article I. CTIC must notify the City � — 10 — of its decision within ten (10) days from the date that the judicial decision becomes final. 4. Counterparts This agreement may be signed in any number of counterparts with the same effect as if the signatures to each such counterpart were upon the same instrument. IN WITNESS WHEREOF, th� parties have caused this agreement to be executed on the day and year first above written. CITY OF CAPE GIRARDEAU, MO CTIC ASSOCIATES, INC. n � ,� 3%6 _ / Mayor Dat� Harold E. Horn Date President ATTEST: ATTEST: e �v U� City Clerk Date "Da e �