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HomeMy WebLinkAboutAgenda - 06-02-2009 - 4sORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 2, 2009 Action Agenda Item No. ~ -~ SUBJECT: Contract Renewal: The People's Channel DEPARTMENT: Purchasing and Central PUBLIC HEARING: (Y/N) No Services ATTACHMENT(S): Agreement INFORMATION CONTACT: Pam Jones, (919) 245-2652 PURPOSE: To consider approving amonth-to-month contract with The People's Channel to continue to telecast Board of County Commissioners' meetings. BACKGROUND: The People's Channel (TPC) has provided videotaping services for Board of County Commissioners' meetings since November 1999. The People's Channel is responsible for live casting and videotaping/cable casting regular BOCC meetings along with playback automation and technical monitoring via Orange County Government Access Channel 265. Approval of this item will allow this service to continue on a month-to-month basis until such time either party chooses to modify or terminate the agreement. Modifications in the current fee schedule for the services include: • $600 per meeting for meetings held at the Southern Human Services Center. This represents a reduction of $66 per meeting from the current contract; and • $1,000 per meeting for meetings held at the Central Orange Senior Center, a reduction of $140 per meeting from the current contract. Other terms, conditions and costs as cited in the contract remain unchanged. FINANCIAL IMPACT: Total County costs under the terms of the contract renewal are estimated at $20,000 - $25,000. Actual costs in FY 2009-2010 will be based upon the number and location of BOCC regular meetings pursuant to meeting calendars approved by the Board. Sufficient funds have been provided in the Manager's recommended budget to continue this contract service. RECOMMENDATION(S): The Manager recommends the Board approve a month-to-month contract renewal with The People's Channel to continue to telecast County Commissioner meetings pursuant to the attached contract; and authorize the Chair to sign on behalf of the Board. 0 STATE OF NORTH CAROLINA CONTRACT ORANGE COUNTY WHEREAS, this the day of , 2009, Orange County North Carolina, hereinafter referred to as "County", and the People's Channel, hereinafter referred to as "Contractor" desire to enter into an agreement for live casting and/or videotaping and cable casting meetings that are held by the County Board of Commissioners, and other technical services related to Orange County Government Channel 265, and mutually agree as follows: County Responsibilities: 1. The County shall provide the Contractor with a schedule of regular meetings as quickly as practicable after they have been established; 2. The County shall provide the Contractor with as much notice as is possible for unscheduled meetings, but not less than 48 hours prior to meeting time; 3. The County shall pay the invoices submitted by Contractor with 30 days of receipt of invoice; 4. The County shall provide the Contractor with a monthly amount of $50 to cover standard cable service in order to monitor Orange County Government Access Channel 265; and $35 per hour for bulletin board maintenance. 5. The County, through offices of the County Manager or County Clerk may authorize additional services with the People's Channel at agreed upon rates. All such services must be approved in advance. Contractor Responsibilities: 1. The Contractor shall operate and/or provide all equipment and personnel necessary to provide a quality production of County Commissioner meetings. 2. The Contractor shall ensure that the meeting site is left in the manner in which it was found prior to the Contractor setting up their equipment for such meeting. 3. The Contractor shall ensure the Contractor's staff conduct themselves in a professional manner while at the meeting site; and shall ensure that the live casting and videotaping processes are as professional and unobtrusive to the meeting proceedings as possible. 4. The Contractor shall provide the County with one videotaped copy of each meeting and such copy shall become the property of the County. 5. The Contractor shall be responsible for automating Channel 265 for repeat broadcast of BOCC meetings. 6. The Contractor shall submit invoices to County pursuant to the following schedule: • $600: meeting with automated equipment at the Southern Human Services Center, Chapel Hill 0 • $1,000: meeting with The People's Channel equipment at the Central Orange Senior Center or F. Gordon Battle Courtroom, Hillsborough • $1,600: meeting with The People's Channel equipment at any other location (including meetings held in other areas of the Courthouse) • $50: Monthly Channel Monitoring; $35 per hour Bulletin Board Maintenance 7. Invoices shall be sent to County of Orange, Director of Purchasing and Central Services, POB 8181, Hillsborough, NC 27278 8. The People's Channel will, at the request of the County, provide other production services and Channel 265 technical management or maintenance at rates agreed upon between the County and the Contractor. 9. This agreement shall commence on July 1, 2009 and continue on a month-to-month basis until such time either party requests modification or termination. 10. Either party may terminate this agreement upon 30 day written notification. 11. The Contractor shall operate as an independent contractor, and the County shall not be responsible for any of the Contractor's acts or omissions. The Contractor shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Contractor understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Contractor or the employees of the Contractor. 12. The Contractor agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Contractor. Contractor Chad Johnson, General Manager The People's Channel Orange County County Clerk Attest: Valerie Foushee, Chair Donna S. Baker, Clerk Board of County Commissioners This instrument has been pre-audited in the Manner required by the Local Government Budget and Fiscal Control Act Gary Humphreys, Orange County Finance Director Approved as to Technical Content Approved as to Form and Legal Sufficiency Department Director County Attorney .Please return this copy,to ~ ~ ~e2. ~ d'9 'Clerk to the Board's office for PAF ~ '~j~' STATE OF NORTH CAROLINA CONTRACT ORANGE COUNTY WHEREAS, this the ~ day of ~~~°~, 2009, Orange County North Carolina, hereinafter referred to as "County", a d the Pe ple's Channel, hereinafter referred to as "Contractor" desire to enter into an agreement for live casting and/or videotaping and cable casting meetings that are held by the County Board of Commissioners, and other technical services related to Orange County Government Channel 265, and mutually agree as follows: County Responsibilities: 1. The County shall provide the Contractor with a schedule of regular meetings as quickly as practicable after they have been established; 2. The County shall provide the Contractor with as much notice as is possible for unscheduled meetings, but not less than 48 hours prior to meeting time; 3. The County shall pay the invoices submitted by Contractor with 30 days of receipt of invoice; 4. The County shall provide the Contractor with a monthly amount of $50 to cover standard cable service in order to monitor Orange County Government Access Channel 265; and $35 per hour for bulletin board maintenance. 5. The County, through offices of the County Manager or County Clerk may authorize additional services with the People's Channel at agreed upon rates. All such services must be approved in advance. Contractor Responsibilities: 1. The Contractor shall operate and/or provide all equipment and personnel necessary to provide a quality production of County Commissioner meetings.. 2. The Contractor shall ensure that the meeting site is left in the manner in which it was found prior to the Contractor setting up their equipment for such meeting. 3. The Contractor shall ensure the Contractor's staff conduct themselves in a professional manner while at the meeting site; and shall ensure that the live casting and videotaping processes are as professional and unobtrusive to the meeting proceedings as possible. 4. The Contractor shall provide the County with one videotaped copy of each meeting and such copy shall become the property of the County. 5. The Contractor shall be responsible for automating Channel 265 for repeat broadcast of BOCC meetings. 6. The Contractor shall submit invoices to County pursuant to the following schedule: • $600: meeting with automated equipment at the Southern Human Services Center, Chapel Hill • $1,000: meeting with The People's Channel equipment at the Central Orange Senior Center or F. Gordon Battle Courtroom, Hillsborough • $1,600: meeting with The People's Channel equipment at any other location (including meetings held in other areas of the Courthouse) • $50: Monthly Channel Monitoring; $35 per hour Bulletin Board Maintenance 7. Invoices shall be sent to County of Orange, Director of Purchasing and Central Services, POB 8181, Hillsborough, NC 27278 8. The People's Channel will, at the request of the County, provide other production services and Channel 265 technical management or maintenance at rates agreed upon between the County and the Contractor. 9. This agreement shall commence on July 1, 2009 and continue on a month-to-month basis until such time either party requests modification or termination. 10. Either party may terminate this agreement upon 30 day written notification 11. The Contractor shall operate as an independent contractor, and the County shall not be responsible for any of the Contractor's acts or omissions. The Contractor shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Contractor understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Contractor or the employees of the Contractor. 12. The Contractor agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Contractor. Contractor ~' Chad Jo nson, General Manager The People's Channel Orange County ~ ,~G.. Valerie Foushee, Chair Board of County Commissioners County Clerk Attest: Donna S. Baker, Clerk This instrument has been pre-audited in the Manner required by the Local Government Budget and Fisca Control Act Gary Hum Y County Finance Director Approved as to Technical Content Approved as to Form and Legal Sufficiency Department ' ector j' , Cr(,r~ my Attorney