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HomeMy WebLinkAboutC2007-037 - 3/6/2007 - NAAGREEMENT TO PROVIDE VIDEO SERVICES STATE OF TEXAS § COUl~iTY OF NUECES § WHRREAS, the City of Corpus Christi (City) broadcasts its regular City Council meeting over the governmental access channel; and WHEREAS, the City also videotapes other programs and public service announcements for broadcasting and training video for training; and WHlREAS, the City needs an operator to provide videotape services for the City Council meetings, programs, training videos, public service announcements, and similar video presentations, and WHEREAS, Richard DeLeon, Jr. doing business as RDL Productions (Operator), is a skilled videotape operator and is willing to provide video services to the City; NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as follo~~~s: 1. Term. The term of this Agreement is for twelve (12) months beginning March l , 2007.. 2. Rates. Operator will charge City the rates set out in Exhibit A, attached and incorporated, for providing the video services set out in Exhibit A. c)perator shall invoice the City monthly, setting out in detail all services performed. the rate for those services, the time spent rendering the services, rind the department for whom the services were rendered. The 2007-037 03106/07 Deleon, Jr., Richard t'ity will pay within thirty (30) days of receipt of invoice and any required <~locumentation New services and their rates may be added to Exhibit a at anv time ~~ith the City Manager's or designee's (City Manager), and t )perator's approval. The total contract limit will not exceed $25,000. 3 Re lar Council Meetings. Operator will be at City Hall on each Tuesday City Council is scheduled to meet ~n sufficient time to verify that all audio and video equipment is operable. If any equipment is malfunctioning, Operator shall inform the City Secretary or his designee (City Secretary), of the malfunction any associated costs, and with his approval contact Time Warner, other appropriate parties, to fix the malfunction. Operator is responsible for maintenance of all of City's audio and video equipment in the City Council Chamber. If any costs are incurred by Operator, City will reimburse Operator within thirty (30) days of receipt of invoice and back up documentation of an expenditure incurred by Operator tcj remedy any malfunction, or provide routine maintenance. Once Operator has verified that all audio and video equipment is operable, Operator ma~~ leave City Hall and return by 9:00 a.m. that same day Regular City Council meetings begin at 10:00 a.m. on Tuesdays. Ciry Council frequently does not schedule a Regular City Council meeting on the first Tuesday of each month. City Secretary will provide t )perator at_ least twenty-four (24) hours notice of change in the council meeting start tame or c ancellation of regular City Council meetings. Operator gill provide audio and video services during each regular i:'ity Council meetings. Operator shall not leave until the City Council meeting is adjourned and all equipment has been turned off. 4_ Special Crty Council Meetings. City Council occasionally has special council meetings. The City Secretary will provide Operator at least twenty-four X24) hours notice of any special City Council meeting. If Operator has a conflict and cannot provide audio-video services, hc~ shall inform. the City Secretar-tiT as soon as possible that the Operator is not available. If Operator is available, he shall be at City Hall in sufficient time to ~~erify that all audio and video equipment is operable and to correct any rnalfunct.ions. A special Citti~ Council meeting does not include meetings ~:onducted immediately before, after or during the regularly scheduled City Council meeting. 5. Bulletin Board. The Director of Public Information or designee (Director) may contact. Operator about production and videotaping services for the t'ity's Bulletin Board. Thf• Director and Operator will arrange a mutually agreeable time frame for producing and taping the bulletin board, or the Director may use other service providers. h. Ownership. The City will own all tapes which Operator may tape and/or edit. Operator has no = ownership interest in and may not make copies of any video tapes he tapes and/or edits for the City. 7 Troubleshooting. The Director may contact Operator about troubleshooting for user departments. Director and Operator will arrange a mutually agreeable time frame for providing the troubleshooting services, or the Director may use other service providers. 8 Illness. If Operator is ill and unable to provide the audio-video services for a regularly scheduled City Council meeting, he will notify the City Secretary or his designee no later than 8:30 a.m. on that Tuesday. 9. Termination. Either party may terminate this Agreement without cause upon thirty (30) days v~~ritten notice to the other party. If Operator fails to notify the City Secretar-~~ that he is unable to provide his services by H:30 a.m. cm any regularly City Council meeting day, or fails to provide his services until after City Council adjournment, the City Manager may terminate upon two (2) working days notice. 10. Appropriation of Funds. All parties recognize that the continuation of any contract after the close of any fiscal year of City, which fiscal year ends on July 31 of each year, shall be subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. City does not represent that the budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. l l . Assignability. The Operator shall not assign, transfer, or delegate any of his obligations or duties in this Agreement to any other person without the prior written consent of the City, except for routine duties delegated to field assistants and clerical helpers. The performance of this Agreement by Operator is the essence of this Agreement and City's right to withhold consent to such assignment shall be within the sole discretion of the City on an~~ grounds whatsoever. 12. Ind~endent Contractor. Operator shall perform all professional services as an independent contractor and shall furnish such services in its own manner anal method, and under no circumstances or conditions shall an agent, servant, or employee of the Operator be considered an employee of h~~ City 1;3. Subcontractors. Operator may not use subcontractors in connection titirith the work performed under this Agreement. 14. Venue and Applicable Law. This Agreement shall be subject to all Federal, State and local laws. All duties of the parties shall be performed rn the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement shall be the law of Texas and such ti~rum and venue for such disputes shall be the appropriate district, ounty, or justice court in and for Nueces County, Texas. 1~. Waiver. No waiver of an_y breach of any term, or condition of this Agreement, shall be construed to waive any subsequent breach of the same. 1 b. Disclosure of Interests. Operator further agrees, in compliance with City of Corpus Christi Ordinance No. 1'7112, to complete, as part of this Contract, the Disclosure of Interest form provided to Operator. 17. INL"1~MNIFICATION. Operator must indemnify and hold City, its officers, employees or agents ("Indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, including attorneys fees, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any such damage or injury is caused by an act or omission, negligence or misconduct on the part of Operator, or any of its agents, servants, contractors, or employees in performance of this Agreement. l~. Insurance. Operator agrees to provide insurance in accordance with the attached exhibit. In lieu of worker's compensation, Consultant has executed ?:he attached Release and Covenant not to sue. 19. No Waiver._No waiver of any covenant or condition, or the breach of any covenant. or condition of this Agreement, constitutes a waiver of any subsequent: breach of the covenant or condition of the Agreement. 20. Amendments or Modifications. No amendments or modifications to this Agreement mad be made, nor any provision waived, unless in writing ~;igned by <i person dult~ authorized to sign agreements on behalf of each z~arty. 21. Captions. The captions in this Agreement are for convenience only and are not a part. of this Agreement. ?`he captions do not in any way limit or <~rzlplify the terms and i~rovisions of this Agreement. 22. Notice. Notice will be provided by certified mail, hand-delivered, or via facsimile as set out below IF TO THE CITY: IF TO OPERATOR: Citti- Secretary' Richard DeLeon Jr. ~~'~` City of Corpus Christ, ~ ,~Zt~ ~1t~E~'~-~~'~~ 92 P.O. Box 9277 Corpus Christi, TX 7841$ Carpus Christi, TX 78469-9'? 7 7 (361) ~~z7 ~y 2 ' 2q~1 ~ Fax No~ : (361) 880-3 ] 13 Change off' address may be effectuated by sending notice of the new address in the manner set oL~t above. SIGNED this ~~~' _ da~• of ____ 1y~~~c_~t-t , 20Ct`i . ATTICST: -- Armando Chapa City Secretary OPERATOR: _, 11A F ~ f „ Richard DeLeon, Jr. Operator G or .Noe rty Manager APPROVED as to legal form ___~_i-o ~~-~ c_~. *- MARY KAY FISCHER, CITY ATTORNEY '' ~ -, ~, 20 ~ ~~ EXHIBIT A Initial Administrative expenses payment .....................$ 997.00 ?. Fee for ensuring all Council Chambers audio-video equipment is operable and videotaping each regular scheduled and special city council meeting: a) In its entirety .. ........... ........................... $350.00 3. Fee for providing video services under Section 5 of the contract. a) Fee per hour .,. .......................................... $65.00 4. Fee for providing troubleshooting services under Section 7 of the contract. a) Fee per hour ... ............................................. $20.00 (In quarter hour increments for calls requiring site visits) .ATTACHMENT INSURANCE REQUIREMENTS i. Operator's Liability Insurance ~. Operator must not commence ~~ork under this agreement until. all insurance required herein has been obtained and such insurancc has been approved by the City. The Operator must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Operator must furnish to the ('ity'S Risk Manager two (2) copies of Certificates of Insurance, showing the following minimum coverage b_y insurance company(s) acceptable to the City's Risk :Manager. The City must be named as an additional insured for the General liability policy and a blanket. waiver oI~ subrogation is required on all the General Liability and Workers Compensation policie~~. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, material Bodily Injury and Property Damage chaage, noH-renewal or terndnation is required on Per occurrence /aggregate all certificates COMMERCIAL GENERAL I,IABILCI Y including: $500,000 COMBINED SINGLE LIMIT 1, t'ommerc~al Form ?. Premises Operations Products.' Completed Operations Hazard 4. ('ontractual Liability ~ ~. Independent Contractors ~,. Personalln~arv Applicable if employs any person other than himself,/ herself WHICH COMPLIES WITH THE TEXAS WORKERS' COMPE'JSA110I~ WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOI'ERS L[ABIL1"L~. 500.000.-'500,000/500,000 ('. In the event of accidents of any kind, the Operator must furnish the Risk Manager with copies of all reports of such accidents within te.n (10) days of accident. lI. ADDITIONAL REQUIREMENTS ~. When employing person other than himself/ herself, Operator must obtain workers' compensation coverage through a licensed insurance company obtained in accordance with Texas law. The contract for coverage must be written on a policy with endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred by the Operator will be promptly met. B. Certificate of Insurance. * fhe Cite of Corpus Christi must be named as an additional insured on the General liability co~era~e and .; blanket waiver of subrogation is required for all applicable policies. * If your ;nsurance company uses the standard ACORD form, the cancellation clause (bottom :-fight) must be amended by adding the wording "changed or" between "be" and "canceled"', and deleting the words, '`endeavor to", and deleting the wording after "left". In the aLernati. e, a cope of the endorsement evidencing that the policy(s) was endorsed with the required cancellation provisions will be accepted, * The name of the project must be listed under "Description of Operations" * At a minimum, a 30-day written notice of cancellation, material change, non-renewal or termination is required. ('. ]f the Certificate of lnsurance does not show on its face the existence of the coverage required by items l.B (l ~)-(6), an authorized representative of the insurance company must include a letter sped tically stating whether items 1. B. (1)-(6) are included or excluded. CITY OF CORPGS CHRISTI DISCLOSL',RE OF INTEREST i`ity ot~ C`orpus Christi Ordinance 171 12. a, amended, requires al] ppersons or firms seeking to do business with the City to provide the following information. Eery question must be answered. If the question is not applicable, ans~~er with "N.y". See reverse side for definitions. t`OMPANYNAME : ~h-.\~L ~4~SL~s `, sS~ti_-' ~ _- _ __ _- ~ . _ __. STREET: _~ ~ C b }~~ ~1~~,-~`-~- - - -- CI'I l": ~~St~_~~ ; ~ ~~tZ i5"Tl ZIP: ~ ~~ FIRM ISM 1 _ Corp~.~ration ( ) _. Partnership ( ) 3. Sole Owner ~. association ( ) Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. i . State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3°%~ or more of the ownership in the above named "firm." Name Job Title and City Department (if known) ~, State the names of each "`official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name ~, `~ Title ~. State t names ~eac~i ~oar~c mem~r ` o~ the City off`-Corpus C`~iristi avmg an "owners tp mterest' constituting i% or more of the ownership in the above named "firm." Name Board, Commission, or Committee ~_ State the names oi~ each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Consultant CERTIFICATE 1 certify that all information lr~owingly withheld disclosure t submitted to the City of Corpus C ('ertifying Person: ~ ~, ~'~iv~ _~~ Signature of ('ertifying Person: provided is true and correct as of the date of this statement, that I have not ~f any information requested: and that supplemental statements will be promptly `hristi, Texas a~ changes occur. r ~ ~ lti ~ - _ _ ~ Title: .~'!~~ 1L 6i nn[ ~ ~ ~ x.~ ~y,~ = --~~- -Date: _ 3 ~ D-l DEFINITIONS a. "Board member. ' ,1 n~~ember «t any board. commission, or committee appointed by the City t'ounc;i of the CEt-~ of Corpus Chnst~. ~fexas. h "Employee.~~ .any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor c. "Finn. ' Any crrtity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the Corm of sole proprietorship, as self-employed person, partnership, corporation, joint stock company_ mint venture, receivership or mist. and entities which for purposes of taxation are treatzd as non-protit organizations d. "Official." I~he Mayor, members of~ the C~tv Council, City Manager, Deputy City Manager, Assistant City Managers. Department and Division Heads, and Municipal Court Judges of the City of Corpus Christz, Texas. e. "Ownership Interest" [.,egal or equitable interest, whether actually or constructively held, in a firm. ~neluding when >uch interest is held through an agent, trust, estate, or holding entity. Constructively held refers to Moldings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. t: "Consultant." Any person or firn1. such as engineers and architects, hired by the City of Corpus t'hristi for the purpose of professional consultation and recommendation. REL LASE OF 1 IAt;[t.tTY A?~1) CQVENANT NOT TO SUE THE STATE OF -TEXAS COUNTY" OF NL~EC'ES KNOW ALL BY THESE PRESENTS: This Release of Liability and Covenant Not to Sue (hereinafter "Release") is made by and between and the City of Corpus Christi. Nueces County, Texas, and Richard DeLeon, Jr. doing business as RDL Productions executed on this the ~;~'}l. ` day of March, 2007, and is entered into for the purpose of releasing the Cite of Corpus Christi, its officers, employees, representatives, agents and contractors (herein collectively referred to as "City") from any and all liability whatsoever arising out of, caused b~•, or in any way connected with, either proximately or remotely, wholly or in part, participation by Richard DeLeon, Jr. doing business as RDL Productions in providing professional services to review City's deferred compensation plans, which is the subject of the attached contractual agreement ("Agreement") between Richard DeLeon. Jr. and the City. 1~ Richard DeLeon. Jr. in exchange for City allowing me to forego the condition of providing a Worker's Compensation insurance policy as a requirement of the Agreement, do hereby voluntarily enter into the following covenants: 1 I acknowledge that I, individually, employ no other workers than myself. I covenant that I will not enter into an employer-employee relationship with any individual or individuals during the term of the Agreement. I acknowledge that the capacity in which I will be participating in the Agreement is that of an independent contractor and not as an employee or agent of the City. 1 further understand that, as an independent contractor, I will receive no worker's compensation benefits. health benetts, disability henetits, or other insurance benefits which might be available to full time employees of City and that, as an independent contractor, I am fully responsible for incurring the cost of and paying for and medical services that I may require during the term of the Agreement. ?. 1 understand that 1 will participate in this Agreement at my own risk and hereby release, waive, and in all ways relinquish any and all present or future claims against City which I, my heirs, successors, assigns. or any other person or entity (collectively, hereinafter "I"), may assert, hay e, or acquire as a result oi~ any injury, death. damage, or loss whatsoever to myself or my property resulting from, arising out of, or connected with my participation in the Agreement between myself and the City. ;. I hereby so release, waive, and relinquish all such claims, and further covenant not to sue City for any such claim, regardless of whether same may arise from any negligence or gross negligence ofCitti, ~. I understand that there may be risks involved in participating in the Agreement. I assume all such risks. and will rely solely on myself and not the City in determining what those risks are. I acknowledge that my sen~ices under the Agreement may occur on real property located in the Cit}~ of Corpus Christi. Nueces County, Texas. It is my intention to completely absolve the City of all potential liability caused bv, arising out of, or incident to my performance of services on City real proper? y (~. I agree that this Release shall apply to all activities during or connected in any way with my participation in the Agreement and my performance thereunder. 7 I agree that this Release. shall be governed by and enforceable under the laws of the State of Texas. Venue shall lie in Nueces County, Texas, where this Release was executed. 8 I hereby acknowledge that I have carefully read the foregoing Release of Liability and Covenant Not to Sue, and intending to be legally bound, accept each of its terms. EXECt`TED IN DLPLIC.ATE, each of which shall be considered an original, on this the_~l,''~` - daY c+f --_ c~~ 4' _ --~ X007. I ,~ j ~(~ {k ` ' jLiv7 1 ~.~t '~.~C ~ ~~ ~.J~i\ Richard DeLeon, .Ir. Address- ._'1S~ _~-~J4,_~~_~u- , ~~<_ __ ___ _ - __ Date: 3 STATE OF . '~ ti COiJN~I~Y OF -_ ~j_~ ~~- ~ ----_ Before me, 4~ ~. '~Yr ~,~ ~',, k 4 ~ :,,: _, 'c, on this day personally appeared Richard DeLeon, Jr. known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the pu ose and consideration therein expressed. Given under my hand and seal of office this (~~ day of March, ?U07. ~~_ Notary Public, State of Texas ~o,~'~ ~ MARIA Y JUAREZ Commission expires: Notary ?umic ~' ~ ~'~ STATE OF TEXAS z'~,,~,. My Comm. Exp. 10-25-2009 CIIenHF: 8314 RDLPROD AC10RI~n CERTIFICATE OF LIABILITY INSURANCE o~;2z,o;°"""' PRDCI~IOI:R THIS CERTIFICATE IS ISSUED A A MATTER OF INFORMATION HRH of Corpue Chris#i ONLY AND CONFERS NO RIGHTS UPON 7HE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AME~1D, EXTEND OR X733 So, Padre Island Drive ALTER THE COVERAGE AFFORDED EY THE POLICIES BELOII~. P. ~. Dox 8341 Corpus Chris#i, TX X8468 INa~1RERS AFFORDIl~C COVERAGE NAIL # INSIf REIN INSURER A: cot#sdai$ Insurance CQn1p ~~~~~ RDL Praductions; Richard DeLeon dha, INSURER B. 756 Angelwing Dr II~SU~ER c: Corpus ChrIS#i, TX 78414 INSURER D: INSURER E: COVERAGEa THE POLICIES 01= INSURANCE LISTEp BE~O1N HAVE BEEN ISSUED TO THE INSUREp NAMED ABOVE f+OR THE POLICY PERIOp INDICATEp. NOT1N ITHSTANpING TERM Old CONpIT10N OF ANY CONTRACT OR OTHER DOCUMENT VIIITH RESPECT TO WHICH TWIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , YHE INSURANCE AFFaRDEp BY THE POLICES DESCRIBED HEREIN IS SUBJECT `I"0 ALL THE TERMS, E~LCLUSIaNS AND CONDITIONS OF SUCH MAY PERTAIN , POLICIES. AGGREGATE L1M1~'S SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS, PGI.ICY EFFECTIVE POLICY E][PIRATIQN I IM#T5 LTR NSR TYPE DF #NSURAHCE POLICY NUMBER I]ATE MM1DDfYY aATE MM11?D . ~ GENERAL LIABILITY CL~36OT14 43f2~lO7 ~~{21lOS EAGl~ OCCURRENCE ~'~ 4aD DOD DAMAGt= TO RENTEQ $~ DD ~aO ~ COMMERCIAL Gt=I~iERAL LIABILITY P E n e CLAIMS MAI}E ~ OCCUR MED E}(P {Any one person} ;~~ ODD PERBONAL & ADV INJURY Excluded GENERAI. AGGREGATE ~~ DOD O4O GEN'L AGGREGATE LIMIT APPLIES PEI: PRODUCTS - COMPfOP AGG ~~ DOD 444 POLICY J~CT LOC AUTOMOBILE LIABILITY D } ING#.E LIMIT B ~ {~ a c ~e ANY AUTO AI.L OWNED AUTOS BODILY INJURY ~ {Per person} SCHEf}Uk.ED AUT05 H{RED Al]T05 BODILY INJURY ~ {Per acadeN} NOh!-OWNED AUTOS PROPERTY DAMAGE ~ {Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIQENT $ ANY AUTO OTHER THAN P~4 ACC $ AUTO ONLY: AGG ~ EXCI*SSNMBRELLA t_IAGILITY EACH OCCURRENCl: ~ OCCUR ~ CLAIMS MADt= AGGREGATE ~ ~ DEDUCTIBLE RETENTION $ 1NC TATU- OTH- ~ WORKERS cOMPENSATIaN ANa EMPLaYERS' LIABILITY E.L. EACH ACOIDI=NT $ ANY PROPRIETDRIPARTNERfEXECUTIVE OtiFICERFMEMBER F~(CI.~IDED? E,L. DISEASE - EA EMPLOYEE $ If yes, describe ender E.L, pISEASE - POLICY LIM17 $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPEDATION3 f LOCATtQNS f VEHICLES f EXCLUSIONS AaaED BY ENaaRSEMENT f SPEO#AL PROVISIONS Cer#ificate Holder 1s irlar~ed As Additinnaf Insured CERTIFICATE HOLDER City of Carpus Christi p+D Box 977 Corpus Christi, T!( 78469 Attn: M Juarez ACORD 25 ~Z00~f08~ 1 of ~ #3GG13 CA~ICELLf~T1~N SHOULa ANY OF THE ABOVE aEBCRIBI=a EaLIC#ES BE CANCELLED BEFORE THE E7(I~#RAT1aN DATE THEREOF, THE ISSUING INSURER VY1LL ENDEAVOR Ta MAIL ~ aAYB WRITTEN NOTICE TOTHE CI=RTIF#CATE HOLDER NAMEa 70 THE LEFT, BUT FAILURE TO DO Sa BHALL IMROSE Ra agLIGATtaN aR LlA13ILtTY Of AIVY KItVD llPO>-i THE INSURED, ITS AGENTS aR REPRESENTATNES. AUTHORI~Ea REPRESENTATIVE RR~ o ACORD CORPORATION 1988 ff r :7 lM P~~TA~IT if the certificate holder is an AD~ITI~NAL INURE, the policy~ies~ must be endorsed. A statement on this certificate does not canter rights to the certificate holder in lieu of such endorsement~s~F if UBR~~ATI~N I vVAIVEa, subject to the terms and conditions of the policy, certain policies may require an endorsementF A statement on this certificate does not confer rights to the certificate balder in lieu of such endorsements}. i~IaCLAIME The erkificate of Insurance on the reverse side of this farm does not constitute a contract between the issuing insurers}, authorized representative ar producer, and the certificate holder, nor does it affirmatively yr negatively amend, extend ar alter the coverage afforded by the policies listed thereon. ACDRD 25-5 ~~0~1l~8~ ~ of 2 #3B~~