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Home My WebLink AboutMINUTES - 04221997 - C63 • „ Y cp Te- BOARD OF SUPERVISORS Contra FROM: �i Phil Batchelor, County AdministratorVN Costa County DATE: April 22 , 1997 STq coiiN'� SUBJECT: AGREEMENTS FOR CCTV PRODUCTION SERVICES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECONINENDATION: APPROVE and AUTHORIZE County Administrator or his designee to sign agreements for the provision of CCTV production services with certain public agencies for a fee established by the Board in "CCTV Operating Policy and Procedures" . FINANCIAL IMPACT: West Contra Costa Unified School District will pay the CCTV Community Access Trust Fund $18,000 for the taping of 18-20 Parent TV Education Programs and 2-4 Parent Education Training Films . These funds will be used to offset expenditures for staff time for taping and editing of programs . BACKGROUND: Contra Costa Television has been working with West Contra Costa Unified School District(WCCUSD) to produce a program entitled "Family Time Dinner" which airs on the County Channel . WCCUSD would like to continue to air Parent Education programming and has asked CCTV to do the production work. Currently, CCTV policy authorizes public agencies to use facilities and air time at no cost. There is a cost for CCTV staff time. A rate card was approved by the Board as part of the policy and procedures . Therefore, staff would like the ability to make agreements similar to the one attached for the provision of production services with public agencies for the established fees . County Counsel has reviewed this agreement. CONTINUED ON ATTACHMENT: YES SIGNATURE: 4x RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE -�` APPROVE OTHER SIGNATURE(S): Q ACTION OF BOARD ON A ` �TI 1 APPROVED AS RECOMMENDED OTHER 7UNANIMOUS OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORSONTHE DATE SHOWN. ATTESTED 4A 9 I Contact: Pat Burke 335-1048 PHIL BAHELOR,CLERK d THE BOARD OF cc: Cable TV Administrator SUPERVISORS AND COUNTY ADMINISTRATOR West Contra Costa Unified School District Byqk� DEPUTY WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT TERM AGREEMENT THIS AGREEMENT is between West Contra Costa Unified School District hereafter referred to as "District', and. Contra Costa Television C730152 1 hereafter referred to as "Contractor", will from time to time perform work for District. 1) The term of this agreement shall begin July 1, 1996 and shall continue until June 30, 1997 or terminated by either party upon written notice to the other, or until modified by written agreement of the parties. 2) The parties hereto will become contractually bound only upon issuance by District of purchase order(s)for specific items of work, and acceptance thereof by Contractor. Each such purchase order will constitute a separate contract and will be governed by the terms of this agreement unless otherwise expressly provided, whether or not this agreement is expressly referred to in such purchase order. Contractor shall immediately accept or reject any purchase order issued to it, and no obligation shall be incurred by either party until such acceptance has been received by District. Work on each accepted purchase order will be commenced immediately upon acceptance and completed as soon as possible. 3) In order that there may be complete accounting control of the work to be done, Contractor will not perform and District will not be required to pay for any work other than that which is specified in an accepted purchase order, or in changes to such purchase orders thereafter specified in writing by District. 4) Any termination or modification of this agreement or the schedules attached hereto shall not affect any purchase orders previously issued and accepted hereunder. 5) INDEPENDENT CONTRACTOR STATUS. This contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee,partnership,joint venture, or association. 6) INSURANCE REQUIREMENT. Contractor shall obtain and furnish proof of self insurance or comprehensive general liability insurance regarding its performance under this agreement to include the West Contra Costa Unified School District as additional named insured. The amount of liability insurance to be provided is one million dollars. 7) INDEMNIFICATION. The Contractor shall defend,indemnify,save,and hold harmless the West Contra Costa Unified School District and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s)or property,including without limitation all consequential damages,from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents,servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the West Contra Costa Unified School District or its officers or employees. Contractor will reimburse the West Contra.Costa Unified School District for any expenditures, including reasonable attorneys fees, the West Contra Costa Unified School District may make by the reason of the matters that are the subject of this indemnification,and if requested by the West Contra Costa Unified School District, will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. Notwithstanding the foregoing, the Contractor's obligations under this paragraph do not apply to any claims, costs or liability arising or connected with the content of the programs or films produced under this agreement, including without limitation those for defamation, trade libel or copyright infringement,and the West Contra Costa Unified School District will defend, indemnify, save and hold harmless the Contractor, its officers and employees against the same and will reimburse the Contractor for any expenditures, including reasonable attorney's fees, the Contractor may make by reason of such matters and, if requested by the Contractor, will defend any such matters at the sole cost and expense of the West Contra Costa Unified School District. 8) COMPLIANCE WITH LAW. The Contractor shall be subject to and shall comply with all Federal, State and local laws and regulations applicable with respect to its performance under this contract, including but not limited to, licensing, employment and purchasing practices, and wages, hours and conditions of employment, including nondiscrimination. 9) NONDISCRIMINATORY SERVICES. The Contractor agrees that all goods and services under this contract shall be available to all qualified persons regardless of age,sex,race,religion,color,national origin,ethnic background,or handicap,and that none shall be used, in whole or in part, for religious worship or instruction. Form 96-97.vic 1 c7 10) TAX REPORTING/PAYMENT RESPONSIBILITIES. No federal or state income tax will be withheld from the payments under this contract. However, the West Contra Costa Unified School District is required to report all payments to the Internal Revenue Service for tax purposes. No distinction of fee, travel, or per diem will be made. No Wage and Tax Statement(W-2)will be issued by the West Contra Costa Unified School District for this service. The West Contra Costa Unified School District shall provide an annual statement of compensation paid on the appropriate federal and/or state information forms. The Contractor is responsible for payment of any federal and/or state tax amounts due. 11) DISPUTES. Disagreements between the West Contra Costa Unified School District and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the West Contra Costa Unified School District or in accordance with the applicable procedures(if any)required by the State or Federal Government. 12) REPORTING REQUIREMENTS. Pursuant to Government Code Section 7550, Contractor shall include in all documents or written reports completed and submitted to the West Contra Costa Unified School District in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the total cost to the West Contra Costa Unified School District for the work under this contract exceeds$5,000. 13) EXCLUSIVE RIGHTS. All materials developed under the terms of this agreement shall become the property of West Contra Costa Unified School District. West Contra Costa Unified School District reserves the exclusive right to copyright such material. West Contra Costa Unified School District reserves the right to publish, disseminate, and otherwise use material(s) developed under the terms of this agreement. At no expense to the Contractor, the West Contra Costa Unified School District gives the Contractor the irrevocable right to televise the programs and films at any and all times that meet the Contractor's broadcasting needs and to retain copies of the programs and films for such broadcasting. 14) SIGNATURES. These signatures attest the parties'agreement hereto: WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT By: DATE Title: Superintendent of Schools CONTRACTOR By: DATE Title: Address: City. State: Zip: Work Phone: Federal I.D. #. OR Social Security#: Form 96-97.vic 2 n C4 CCN RATE CARD As of April 1994 COLOR VIDEO PRODUCTION RATES In Studio with 2 Crew.........................................................$120.00/hour Half day rate (4 hours)............................................................... $400.00 Full day rate(8 hours)............................................................... $750.00 POST PRODUCTIONIVIDEO TAPE EDITING RATES 3/4"Video Tape Editing with time base correction................. $125.00/hr Half date rate(4 hours) ............................................................. $420.00 Full day rate(8 hours)............................................................... $800.00 3/4"Video Tape Duplication..............$35.00 Cnty mail/$45.00 U.S. Mail 1/2"Video Tape Duplication..............$15.00 Cnty maiV$25.00 U.S. Mail (video tape provided by client) REMOTE COLOR VIDEO PRODUCTION RATES Color camera,SVHS,microphones,lights, 2 crew................ $150.00/hr Half day rate(4 hours)............................................................... $450.00 Full day rate(8 hours)............................................................... $900.00 MISCELLANEOUS Client purchase of SVHS video cassette ..................................... $15.00