HomeMy WebLinkAbout27- Telecommunications CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Frank S. Keller, Cable Television Manager Subject: Agreement between the CATV
M„ Division and the County Dept. of
Dept: Telecommunications Aging and Adult Services for the
s provision of CATV production
Date: November 6, 2000 vorvirev
Synopsis of Previous Council action:
None
Recommended motion:
That the Mayor and Common Council authorize the execution of an agreement between the County of San
Bernardino and the City for the provision of CATV production services to the County; and authorize the Director of
Finance to amend the FY 2000-2001 CATV budget to increase revenue and expenditures in the CATV Fund to reflect
both anticipated revenue of$50,000 to be received from the County for C,-UV production services ajid the associated
cost of$10,000 to be incurred by the City in providing these services.
d�M14
Signatu're'
Contact person: Frank S. Keller Phone: 384-5147
Ward:
Supporting data attached:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.) $40,000 net increase to revenues to the CATV Fund.
(Acct. Description) (see attached staff report)
Finance:
Council Notes:
Agenda Item No.
d
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Motion authorizing the execution of an agreement between the County of San Bernardino and
the City for the provision of CATV production services to the County; and authorizing the
Director of Finance to amend the FY 2000-2001 CATV budget to increase revenue and
expenditures in the CATV Fund to reflect both anticipated revenue to be received from the
County for CATV production services and the associated cost to be incurred by the City in
providing theses services.
BACKGROUND;
In April of 2000, the County of San Bernardino Department of Aging and Adult Services
(DAAS) solicited proposals from the City's CATV Division and several other agencies for the
provision of video production services. (DAAS wants to video tape their training sessions and
public hearings and make copies of the tapes available for public viewing and distribution to
their various offices.) On August 22, 2000 the City's CATV Division was awarded a production
services contract with DAAS after the County determined that the City's CATV Division best
meets the needs of the County due to the City's extensive experience in delivering a high quality
video product with an appropriate cost of service.
The period of the contract is August 1, 2000 through July 31, 2001. Production services
committed to in the contract are 3 camera studio productions, 3 camera remote productions,
single camera remotes, editing, script writing, and videotape duplications. Also included in the
contract are 4 to 5 out-of-town remotes required to meet the County's production needs.
FINANCIAL IMPACT:
Based on anticipated production, it is estimated that the City will receive $50,000 in revenue for
performing the production services outlined in the attached agreement. Costs to the
Telecommunications Division to carry out these services are estimated to be $10,000. The net
increase in revenue to the CATV Fund will be $40,000. Notification of the award was made
after the budget was finalized for the Telecommunications Division. Therefore, a budget
amendment is needed to properly reflect the revenues and expenditures associated with this
contract. Outlined below is the budget amendment necessary to reflect increased expenditures of
$10,000 and the increased revenue of$50,000.
Increased Expenditures:
107-261-5502 (other professional services- to pay for per-diem production staff) $5,000
107-261-5132 (meetings and conferences-to pay travel costs to production sites) $5,000
Increased Revenue:
107-000-4922(estimated revenue to be received from the County) $50,000
RECOMMENDATION:
That the Mayor and Common Council authorize the execution of an agreement between the
County of San Bernardino and the City for the provision of CATV production services to the
County; and authorize the Director of Finance to amend the FY 2000-2001 CATV budget to
increase revenue and expenditures in the CATV Fund to reflect both anticipated revenue of
$50,000 to be received from the County for CATV production services and the associated cost of
$10,000 to be incurred by the City in providing these services.
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
Agree. 00-840
August 22, 2000
FROM: T. MICHAEL DECKER, DIRECTOR
DEPARTMENT OF AGING AND ADULT SERVICES
SUBJECT: CONTRACT WITH THE CITY OF SAN BERNARDINO TO PROVIDE VIDEO
PRODUCTION AND REPRODUCING SERVICES
RECOMMENDATION: Approve contract with the City of San Bernardino not to exceed $50,000
to provide video production and reproducing services from August 28, 2000 through June 30,
2001.
BACKGROUND INFORMATION: Since 1992, the Department of Aging and Adult Services
(DAAS) has provided quality program training for its employees as required by state and federal
regulations. Additionally, DAAS conducts public hearings to assess community needs and
provides general program information to governmental entities in written form through the Area
Plan.
To efficiently and effectively distribute information and train staff, the public hearings and training
sessions will be video taped, reproduced and made available for public viewing and as training
material for staff in various DAAS offices. Also, copies of video tapes will be distributed to the
California Department of Social Services to fulfill state reporting requirements.
In April 2000 an informal procurement was performed. Human Services System staff sent
Solicitation for Proposals to five agencies. Three agencies responded, City of San Bernardino,
The Video Lady and CDS Productions. The chart below illustrates the cost of service as
proposed by each vendor as requested by DAAS:
Service Cost Comparison
City of San Bernardino Videolady CDS Productions
5 People Crew $1,600 $1,500 $1,880
Daily Studio Rate 3,000 4,000 Insufficient Data
Scripting Per Hour 30 35 Insufficient Data
Editing Per Hour 80 75 75
Mileage Waived by agency .30 per mile .33 per mile
Per Diem Per Person 80 75 100
Daily Lodging Per Person 50 45 30
cc: HSS/Bldgs& Finance--Tanya Record of Action of the Board of Supervisors
Bratton w/agreement AGREEMENT NO. 00-840
Contractorw/agreement APPROVEP-Bolk-". SUPERVISORS
c/o HSS/Bldgs & Finance C9!'t RDINO
Auditor Wagreement .%
SBD w/agreement MOTION MOVE;' �0 A �„p AYE SECOND
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Risk Management EARLENE SPR �, L A ,
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Rev 07/97 File w/agreement DATED: Au St 2, pA ."
mil r .ADri4O ITEM 026
CONTRACT WITH THE CITY OF SAN BERNARDINO TO PROVIDE VIDEO PRODUCTION
AND REPRODUCING SERVICES
August 22, 2000
Page 2 of 2
All proposals for services submitted to Human Services System (HSS) were ranked based on a
competitive rating process. The evaluation team included representatives from DAAS and the
Senior Affairs Commission. The evaluation criteria included past experience,cost effectiveness,
quality of service, ability to provide complete and thorough documentation as required by DAAS.
Based on the criteria above, the evaluation team concluded the City of San Bernardino best meets
the needs of the Countylbue to extensive experience and a high quality video product with an
appropriate cost of service.
Approval of this item will allow DAAS to produce professional video tapes to use as training
material and public information.
REVIEW BY OTHERS: This contract has been reviewed and approved by County Counsel
(Fiona Luke) on August 8, 2000, HSS Contract Compliance Designee (Tanya Bratton) on July 10,
2000 and the Senior Affairs Commission on July 12, 2000. Additionally, this item has been
reviewed by the County Administrative Office, (Gary Morris, Administrative Analyst).
FINANCIAL IMPACT: This contract is funded by State and Federal revenues. There is no
additional local costs. Appropriations and revenues are included in the FY 00/01 Final Budget,
and are adequate to cover these expenditures.
SUPERVISORIAL DISTRICT(S): All Districts
PRESENTER: T. MICHAEL DECKER, Director, Department of Aging and Adult Services
AUGUST 22, 2000 ITEM 026
FOR COUNTY USE ONLY
E JXNew Vendor Code Dept. Contract Number
M Change CITYOFS772 00_840
Cancel so
County Department Dept. County. Contractor's License No.
Department of Aging and Adult Services
County Department Contract Representative PH.Ext. Amount of Contract
Tanya Bratton 388-0222 $50,000
County of San Bernardino Fund Dept. Organization APR. Obi/Rev Source Activity I GRC/PRO/JOB Number
F A S AAA DPA AS 200 2445
Commodity Code Estimated Payment Total by Fiscal Year
STANDARD CONTRACT FY Amount 11D FY Amount I/D
Project Name
DAAS-Film Services 00/01 50,000
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino,
Department of Aging and Adult Services, hereinafter called the County, and
Name
City of San Bernardino Telecommunications hereinafter called Contractor
Address
201 North "E" Street, Suite 105
San Bernardino, CA 92401-1507
Phone Birth Date
(909) 384-5168
Federal ID No.or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered,amount to be paid,manner of payment,time for performance or completion, determination of
satisfactory performance and cause for termination,other terms and conditions,and attach plans,specifications,and addenda,if any.)
WHEREAS, The County desires to produce quality video tapes of training and public hearing sessions
and reproduce such sessions for distribution,
WHEREAS, County finds the City of San Bernardino Telecommunications, (KCSB TV-3) qualified to
provide video production and reproduction services;
WHEREAS, County desires that such services be provided by Contractor and Contractor agrees to
perform these services as set forth below;
NOW THEREFORE, County and Contractor mutually agree to the following terms and conditions:
Page 1 of 11
TABLE OF CONTENTS
I. DEFINITIONS...................................................................................................................................3
II. CONTRACTOR SERVICE RESPONSIBILITIES..............................................................................3
III. CONTRACTOR GENERAL RESPONSIBILITIES ............................................................................3
IV. COUNTY RESPONSIBILITIES.........................................................................................................7
V. FISCAL PROVISIONS......................................................................................................................7
Vi. RIGHT TO MONITOR AND AUDIT........................................................................................................8
VII. CORRECTION OF PERFORMANCE DEFICIENCIES..........................................................................9
VIII. TERM .................................................................................................................................................... 9
IX. EARLY TERMINATION..........................................................................................................................9
X. GENERAL PROVISIONS.................................................................................................................... 10
XI. CONCLUSION.................................................................................................................................... 11
Page 2 of 11
I. DEFINITIONS
A. Editing -The process of altering the content of a film or video by addition or subtracting of material.
Typically involves reviewing raw footage and transferring desired segments from master tape(s) onto new
tape in a predetermined sequence.
B. Production -The actual filming and creation of the raw elements as required by film maker.
C. Reproduction - Duplication of master video tapes to be distributed to California Department of Social
Services and used as training resource material.
D. Script Writing -Text specifying content of a production. For the purpose of this Contract to be used
between scenes and upon the approval of DAAS.
II. CONTRACTOR SERVICE RESPONSIBILITIES
A. As requested by the County, provide video production services for projects including, but not limited to:
• Adult Protective Services Academy Training
• Case Management Presentations
• Six Minute Vignette Training Sessions
• Public Hearings
• Asilomar Conference
• Department Information Sessions
B. Provide three-camera coverage of all events as requested by the County. Coverage will include but
not limited to lighting, audio and the selection of the best camera angles to provide an optimum video
product. Single-camera coverage is acceptable when simultaneous multiple events occur, such as at
the Asilomar Conference.
C. As requested by the County, schedule studio time at rate specified in Article V of this contract. If pre-
production is required, Contractor will provide a Scriptwriter and a Production Coordinator to assist and
work closely with County staff in the development of projects.
D. Contractor shall provide any post-production (editing) as requested by the County. Duplication of any
final product will be completed in accordance with instructions from the County.
E. Upon completion of each taping sessions, provide a high quality video within 30 days.
F. Obtain County approval for all final productions projects before submitting video.
G. Contractor is responsible for transportation and lodging arrangements and will be reimbursed
according to the provisions in Article V of this contract.
III. CONTRACTOR GENERAL RESPONSIBILITIES
A. In the performance of this Contract, Contractor, its agents and employees, shall act in an independent
capacity and not as officers, employees, or agents of the County of San Bernardino.
B. Without the prior written consent of County, this Contract is not assignable by Contractor either in
whole or in part.
Page 3 of 11
i;. Contractor agrees not to enter into any subcontracting agreements for work contemplated under the
Contract without first obtaining written approval from the Assistant County Administrator— Human
Services System. Any subcontractor shall be subject to the same provisions as Contractor.
Contractor shall be fully responsible for the performance of any subcontractor.
D. Contractor will maintain all records and books pertaining to the delivery of services under this Contract
and demonstrate accountability for contract performance. Said records shall be kept and maintained
within the County of San Bernardino. County shall have the right upon reasonable notice and at
reasonable hours of business to examine and inspect such records and books.
E. Contractor shall notify County in writing of any change in mailing address within ten (10) days of the
address change.
F. Contractor shall notify County of any continuing vacancies and any positions which become vacant
during the term of this Contract which will result in reduction of services to be provided under this
Contract. Upon notice of vacancies, the Contractor will apprise County of the steps being taken to
provide the services and to fill the position as expeditiously as possible. Vacancies and associated
problems shall be reported to County on each periodically required report for the duration of said
vacancies and/or problems.
G. Contractor shall make every reasonable effort to prevent employees, consultants or members of its
governing bodies from using their positions for purposes that are, or give the appearance of being
motivated by a desire for private gain for themselves or others, such as those with whom they have
family, business, or other ties. In the event County determines a conflict of interest exists, any
increase in costs associated with the conflict of interest may be disallowed by County and such
conflict may constitute grounds for termination of the Contract. This provision shall not be construed
to prohibit employment of persons with whom Contractor's officers, agents, or employees have family,
business or other ties so long as the employment of such persons does not result in increased costs
over those associated with the employment of any other equally qualified applicants and such
persons have successfully competed for employment with other applicants on a merit basis.
H. Contractor shall require all persons, including but not limited to its officers, agents, employees,
volunteers and any subcontractor directly or indirectly involved in administration of services provided
under this Contract to comply with the provisions of Section 10850 and 827 of the Welfare and
Institutions (W& 1) Code and Division 19-000 of the Department of Social Services Manual of Policies
and Procedures to assure that:
1. All applications and records concerning any individual made or kept by any public officer,
public agency, or Contractor with the administration of any provision of the W& I Code
relating to any forms of public social services provided under this Contract will be confidential
and will not be open to examination for any purpose not directly connected with the
administration, performance, compliance, monitoring or auditing of such services.
2. No person will publish, disclose, use, permit or cause to be published, disclosed, or used, any
confidential information pertaining to any applicant or recipient of services under this Contract.
Contractor agrees to inform all persons directly or indirectly involved in administration of
services provided under this Contract of the above provisions and that any person deliberately
violating these provisions is guilty of a misdemeanor.
I. Contractor shall maintain in accordance with County Risk Manager requirements such insurance as
will fully protect Contractor and County from any and all claims under any worker's compensation act
or employer's liability laws, and from any and all claims of whatsoever kind or nature for the damage
to property or for personal injury, including death, or violation of civil rights claim made by anyone
whomsoever which may arise from any negligent act carried on under this Agreement, either by
Page 4 of 11
Contractor, any subcontractor or by anyone directly or indirectly engaged or employed by either of
them. Contractor agrees to and shall comply with the following indemnification and insurance
requirements:
1. Indemnification -The Contractor agrees to indemnify, defend and hold harmless the County
and its authorized officers, employees, agents and volunteers from any and all claims, actions,
losses, damages, and /or liability arising from any cause whatsoever, including the acts,
errors or omissions of any person and for any cost or expenses incurred by the County on
account of any claim therefore, except where such indemnification is prohibited by law.
2. Insurance -Without in anyway affecting the indemnity herein provided and in addition thereto,
the Contractor shall secure and maintain throughout the Contract the following types of
insurance with minimum limits as shown which may be satisfied by proof of legal self-
insurance:
a. Worker's Compensation -A program of Workers' Compensation insurance or a State-
approved Self Insurance Program in amount or form to meet all applicable
requirements of the Labor code of the State of California, including Employer's Liability
with $250,000 limits, covering all persons providing services on behalf of the
consultant and all risks to such persons under this Agreement.
b. Comprehensive General and Automobile Liability Insurance-This coverage to include
contractual coverage and automobile liability coverage of owned, hired and non-
owned vehicles. The policy shall have combined singe limits for bodily injury and
property damage of not less than one million dollars ($1,000,000).
C. Errors and Omissions Liability Insurance- Combined single limits of $1,000,000 for
bodily injury and property damage and $3,000,000 in the aggregate or
Professional Liability- Professional liability insurance with limits of at least $1,000,000
per claim or occurrence.
3. Additional Named Insured -All policies, except for Workers' Compensation, Errors and
Omissions and Professional Liability policies, shall contain additional endorsements naming
the County and its officers, employees, agents and volunteers as additional named insured
with respect to liabilities arising out of the performance of services hereunder.
4. Waiver of Subrogation Rights- Except for Errors and Omissions Liability and Professional
Liability, Contractor shall require the carriers of the above required coverages to waive all
rights of subrogation against the County, its officers, employees, agents, volunteers,
contractors and subcontractors.
5. Policies Primary and Non-Contributory-All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by the
County.
6. Proof of Coverage - Contractor shall immediately furnish certificates of insurance to the
County Department administering the Contract evidencing the insurance coverage, including
endorsements, above required prior to the commencement of performance of services
hereunder, which certificates shall provide that such insurance shall not be terminated or
expire without thirty (30) days written notice to the Department, and Contractor shall maintain
such insurance from the time Contractor commences performance of services hereunder until
the completion of such services. Within sixty (60) days of the commencement of this
Agreement, the Contractor shall furnish certified copies of the policies and all endorsements.
Page 5 of 11
7. Insurance Review-The above insurance requirements are subject to periodic review by the
County. The County's Risk Manager is authorized, but not required, to reduce or waive any of
the above insurance requirements whenever the Risk Manager determines that any of the
above insurance is not available, is unreasonably priced, or is not needed to protect the
interests of the County. In addition, if the Risk Manager determines that heretofore
unreasonably priced or unavailable types of insurance coverage or coverage limits become
reasonably priced or available, the Risk Manager is authorized, but not required, to change
the above insurance requirements , to require additional types of insure coverage or higher
coverage limits, provided that any such change is reasonable in light of past claims against
the County, inflation, or any other item reasonably related to the County's risk.
8. Any such reduction or waiver for the entire term of the Agreement and any change requiring
additional types of insurance coverage or higher coverage limits must be made by
amendment to this Agreement. Contractor agrees to execute any such amendment within
thirty (30) days of receipt.
J. Contractor agrees to and shall comply with the County's Child Support Compliance Program
requirements:
1. Contractor's Warranty of Adherence to County's Child Support Compliance Program.
Contractor acknowledges that County has established a goal of ensuring that all individuals
who benefit financially from County through contract are in compliance with their court-ordered
child, family and spousal support obligations in order to mitigate the economic burden
otherwise imposed upon County and its taxpayers. As required by County's Child Support
Compliance Program (County Code Section 110.0101 et seq.) and without limiting
Contractor's duty under this contract to comply with all applicable provisions of law, Contractor
warrants that it is now in compliance and shall during the term of this contract maintain
compliance with employment and wage reporting requirements as required by the Federal
Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code
Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding
Orders or District Attorney Notices of Wage and Earnings Assignment for Child or Spousal
Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section
5246(b). Contractor hereby acknowledges the County may require the Contractor to submit a
completed Principal Owner Information (POI) Form upon the request of the District Attorney.
2. Termination for Breach of Warranty to Maintain Compliance with County's Child Support
Compliance Program.
Failure of Contractor to maintain compliance with the requirements set forth in the preceding
paragraph shall constitute a default by Contractor under this contract. Without limiting the
rights and remedies available to County under law or under any other provision of this
contract, failure to cure such default within 90 days of notice by the San Bernardino County
Department of Child Support shall be grounds upon which the County Board of Supervisors
may terminate this contract.
K. Contractor shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or
regulations relating to its duties, obligations and performance under the terms of the Contract and
shall procure all licenses and pay all fees and other charges required thereby. Contractor shall
maintain all required licenses during the term of this Contract. Failure to comply with the provisions of
this section may result in immediate termination of this Contract.
L. Contractor shall comply with all applicable local health and safety clearances, including fire
clearances, for each site where services are provided under the terms of this Contract.
Page 6 of 1 I
M. Contractor agrees to comply with the provisions of the Equal Opportunity Program of the County of
San Bernardino as well as Executive Order 11246, as amended by Executive Order 11375, 11625,
12138, 12432, 12250, Title VII of the Civil Rights Act of 1964 (and Division 21 of the Department of
Social Services Manual of Polices and Procedures and California Welfare and Institutions Code,
Section 1000), the California Fair Employment and Housing Act, and other applicable Federal, State,
and County laws, regulations and policies relating to equal employment or social services to welfare
recipients, including laws and regulations hereafter enacted. Contractor shall not unlawfully
discriminate against any employee, applicant for employment, or service applicant or recipient on the
basis of race, national origin or ancestry, religion, sex, marital status, age, political affiliation or
disability. Information on the above rules and regulations may be obtained from the Human Services
System (HSS) Contract Compliance Designee at (909) 388-0255.
N. Contractor agrees to comply with all applicable provisions of the Americans with Disabilities Act
(ADA).
O. Contractor will observe the mandatory standards and policies relating to energy efficiency in the State
Energy Conservation Plan (Title 20, Chapter 4, California Code of Regulations).
P. If the amount available to Contractor under this Contract, as specified in Article V, Paragraph A,
exceeds $100,000, Contractor agrees to comply with Section 306 of the Clean Air Act (42 USC 1857
h), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738 and Environmental
Protection Agency regulations (40 CFR, Part 15).
Q. Contractor shall use recycled and recyclable products, whenever practicable, in fulfilling the terms of
this Contract. Recycled printed products shall include a symbol identifying the recycled material.
R. Contractor understands and agrees that any and all legal fees or costs associated with lawsuits
concerning this Contract against the County, shall be the Contractor's sole expense and shall not
be charged as a cost under this Contract. In the event of any contract dispute hereunder, each
Party to this Contract shall bear its own attorney's fees and costs regardless of who prevails in the
outcome of the dispute.
IV. COUNTY RESPONSIBILITIES
A. Compensate Contractor for each deliverable according to provisions outlined in Article V of this
contract.
B. Designate a program representative who will serve as a liaison with the Contractor to provide
ongoing feedback and input throughout each project.
C. Provide two (2) weeks advance notice of address location and time of each event for taping.
D. Monitor and evaluate the performance of Contractor in meeting terms of the Contract and the
quality and effectiveness of services provided.
V. FISCAL PROVISIONS
A. The maximum amount of payment under this Contract shall not exceed $50,000 and shall be
subject to availability of funds to the County. The consideration to be paid to Contractor, as
provided herein, shall be in full payment for all Contractor's services and expenses incurred in the
performance hereof, including travel and per diem.
Page 7 of 11
B. Payments shall be made upon receipt of each deliverable based on the following rates:
♦ Scriptwriting - $30 per hour
♦ Editing - $80 per hour
♦ Three (3) Camera remote system
1 Director, 3 Camera operators, 1 Engineer - $1,600 per day - 9 hours maximum
♦ Lodging for five (5) person crew - $250 per day - 9 hours maximum
♦ Travel for five (5) person crew - $400 per day - 9 hours maximum
Studio rental with seven (7) person crew - $3,000 per day— 9 hours maximum
1 Director, 3 Camera operators, 1 Audio technician
1 Floor Director, 1 Videotape Operator
♦ HI-8 tapes - $8 per tape
♦ W videotapes - $15 per tape
♦ VHS duplications - $6.00 per tape
C. Upon acceptance of deliverable by the County, Contractor shall submit an itemized invoice.
Contractor shall be paid within 30 days after receipt.
D. Costs for services under the terms of this Contract will be incurred during the contract period
except as approved by County
E. County is not liable for the payment of any taxes, other than applicable sales or use tax, resulting
from this Contract however designated, levied or imposed, unless County would otherwise be liable
for the payment of such taxes in the course of its normal business operations.
VI. RIGHT TO MONITOR AND AUDIT
A. County shall have the absolute right to monitor the performance of Contractor in the delivery of
services provided under this Contract.
B. County or any subdivision or appointee thereof, and the State of California or any subdivision or
appointee thereof, including the Auditor General, shall have absolute right to review and audit all
records, books, papers, documents, corporate minutes, and other pertinent items as requested, and
shall have absolute right to monitor the performance of Contractor in the delivery of services provided
under this Contract. Full cooperation shall be given by Contractor in any auditing or monitoring
conducted.
C. Contractor shall cooperate with County in the implementation, monitoring and evaluation of this
Contract and comply with any and all reporting requirements established by this Contract.
D. All records pertaining to service delivery and all fiscal, statistical and management books and records
shall be available for examination and audit by County, Federal and State representatives for a period
of three years after final payment under the Contract or until all pending County, State and Federal
audits are completed, whichever is later. Technical program data shall be retained locally and made
available upon the County's reasonable advance written notice or turned over to County. If said
records are not made available at the scheduled monitoring visit Contractor may, at County's option,
be required to reimburse County for expenses incurred due to required rescheduling of monitoring
visit(s). Such reimbursement will not exceed $50 per hour(including travel time) and be deducted
from the following month's claim for reimbursement.
E. Records of the Contractor that do not pertain to the program shall not be subject to review or audit
unless provided for in this or another agreement.
Page 8 of I 1
F. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of
County's representative in the performance of their duties. All inspections and evaluations shall be
performed in such a manner as will not unduly delay the work of the Contractor.
VII. CORRECTION OF PERFORMANCE DEFICIENCIES
A. Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of
this Contract shall be a material breach of this Contract.
B. In the event of a non-cured breach, County may, at its sole discretion and in addition to immediate
termination and any other remedies available at law, in equity, or otherwise specified in this Contract:
1. Afford Contractor thereafter a time period within which to cure the breach, which period shall
be established at sole discretion of County; and/or
2. Discontinue reimbursement to Contractor for and during the period in which Contractor is in
breach, which reimbursement shall not be entitled to later recovery; and/or
3. Withhold funds pending duration of the breach; and/or
4. Offset against any monies billed by Contractor but yet unpaid by County those monies
disallowed pursuant to Item "2" of this paragraph; and/or
5. Impose liquidated damages which will reduce the total reimbursable amount of the Contract by
the amount(s) levied and not claimable by Contractor. This remedy shall only be used when
reasonable efforts to correct a performance or violation deficiency have failed to correct the
problem, or in circumstances of unacceptable or negligent performance of Contractor as
determined by County. Said liquidated damages will not exceed the total amount of the
Contract.
6. Terminate this Contract by written notice effective immediately and be relieved of the payment
of any consideration to Contractor should Contractor fail to perform the covenants herein
contained at the time and in the manner herein provided. In event of such termination, the
County will make reasonable efforts to obtain alternative vendors to proceed with the work by
first negotiating with the vendor(s) identified through the original competitive procurement
process. The cost to the County shall be deducted from any sum due to the Contractor under
this Contract and the balance, if any, shall be paid by the Contractor upon demand.
VIII. TERM
This Contract is effective as of August 28, 2000 and expires June 30, 2001, but may be terminated earlier in
accordance with provisions of Article VII or IX of the Contract.
IX. EARLY TERMINATION
A. The County may terminate the Contract immediately under the provisions of Article VII of the
Contract. In addition, the Contract may be terminated without cause by the County by serving a
written notice to the Contractor thirty (30) days in advance of termination. The Assistant County
Administrator— Human Services System is authorized to exercise the County's rights with respect to
any termination of this Contract.
Page 9 of 1 I
'B. Contractor will only be reimbursed for costs and uncancelable obligations incurred and presented
prior to the date of termination. Contractor will not be reimbursed for costs or expenses incurred after
the date of termination.
X. GENERAL PROVISIONS
A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and
mailed to the following respective addresses listed below. Written notices will become effective within
five (5) business days.
Contractor: City of San Bernardino Telecommunications (KCSB, TV3)
201 North "E" Street, Suite 105
San Bernardino, CA 92401-1507
County: County of San Bernardino
Human Services System
Attn: Contract Administration
150 S. Lena Road
San Bernardino, CA 92415-0515
B. Nothing contained in this Contract shall be construed as creating a joint venture, partnership or
employment arrangement between the Parties hereto, nor shall either Party have the right, power or
authority to create an obligation or duty, expressed or implied, on behalf of the Party hereto.
C. No waiver of any of the provisions of the Contract Documents shall be effective unless it is made in
a writing which refers to provisions so waived and which is executed by the Parties. No course of
dealing and no delay or failure of a Party in exercising any right under any Contract Document shall
affect any other or future exercise of that right or any exercise of any other right. A Party shall not
be precluded from exercising a right by its having partially exercised that right or its having
previously abandoned or discontinued steps to enforce that right.
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D. Any alterations, variations, modifications, or waivers of provisions of the Contract, unless
specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly
signed and approved by the Authorized Representatives of both parties as an amendment to this
Contract. No oral understanding or agreement not incorporated herein shall be binding on any of
the Parties hereto.
E. If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or
contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable
(giving effect to the intention of the Parties) and the remaining provisions of the Contract shall not be
affected.
F. This Contract shall be governed by and construes in all aspects in accordance with the laws of the
State of California without regard to principles of conflicts of laws. The Parties agree to the exclusive
jurisdiction of the federal and state courts located in the County of San Bernardino, for any and all
disputes arising under this Contract, to the exclusion of all other federal and state courts.
Page 10 of 11
XI. CONCLUSION
A. This Contract, consisting of eleven (11) pages, is the full and complete document describing
services to be rendered by Contractor to County including all covenants, conditions and benefits.
B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit
and bind their respective institutions to the terms and conditions set forth in this document.
C. IN WITNESS WHEREOF, the Board of Supervisors of the County of San Bernardino has caused
this Agreement to be subscribed to by the Clerk thereof, and Contractor has caused this
Agreement to be subscribed in its behalf by its duly authorized officers, the day, month and year
written.
COUNTY OF SAN BERNARDINO Cily of San Bernardino Telecommunications
' (Print or typeaqme of co oration,company,contractor, etc.)
► x9m 0�0 B ►
Y
Jon ikels, Chairman, Board of Supervisors ( utho zed signature-sign in blue ink)
Dated: AUG 2 2 2000 Name Frank S. Keller
SIGNED AND CERTIFIED THAT A CQPY OF THIS
(Print or type name of person signing contract)
DOCUMENT HAS BEEN.DF-Oj f�E{ .fia.THE Title Cable Television Manager
CHAIRMAN OF THIS"
ti
7 -V� (Print or Type)
f i r pvvisors Dated: �`..- _r'n
t eyb�S o em- dino.
1
By ,1 , Address 201 North"E" Street. Suite 105
San Bernardino, CA 92401-1507
Approved as to Legal ForrrNI, "DI Nil> Reviewed by Contract Compliance Reviewed for Processing
► /s/ Fiona Luke ► � J/I. I� -i;;�_ ' i - 1(1 rti ►
Fiona Luke,County Counsel Tanya Bratton,Co tract Compliance Agency Administrator/CAO
Date 8/18/00 Date Date
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