HomeMy WebLinkAboutVIDEO ENGINEERING SERVICES (5) - 2014City of Santo ia
Clerk of the Council
Please complete this form when the attached agreement and all
City of Santa Ana
amendments (if any) are no longer in effect.
Return form to the Clerk of the Council Office (M-30).
Call 647-6520 if you have any questions.
Clerk of the Council
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The agreement with
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INSURANCE 011 FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRE
CLERK OF COUNCIL ®_
y DATE:
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 7"' day of January, 2014 by and
between Video Engineering Services, a sole proprietorship (hereinafter "Consultant"), and the
City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hercinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
video production and cable./video equipment maintenance and use.
B. Consultant represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide technical expertise for the purchase, installation and
maintenance of audio and video equipment in City Council Chambers, and televise City Council
meetings and the Mayor's annual State of the City presentation, as set forth in Exhibits A, B, C
and D, attached hereto and incorporated by this reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit D. The total smrr to be expended under this Agreement
shall not exceed $56,045.00, during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not be
made for work which fails to meet the standards of performance set forth in the Recitals which
may reasonably be expected by City.
3. TERM
This services provided pursuant to this Agreement shall commence on February 1, 2014
and terminate on January 31, 2015, unless terminated earlier in accordance with Section 12,
below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be an independent contractor
and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer -employee relationship, a joint venture relationship, or to allow the City to
A-2414-013
exercise discretion or control over the professional manner in which Consultant performs the
services which are the subject matter of this Agreement; however, the services to be provided by
Consultant shall be provided in a manner consistent with all applicable standards and regulations
governing such services. Consultant shall pay all salaries and wages, employer's social security
taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for
all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described
below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to bodily
and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence and in the aggregate. Such insurance shall (a) name the
City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b)
be primary and not contributory with respect to insurance or self-insurance programs maintained
by the City; and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(i i) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without thirty (30) days
prior written notice to the City.
e. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the direct
or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of effects arising from this Agreement. This indemnity
and hold harmless agreement applies to all claims for damages, just compensation, restitution,
judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events
referred to in this Section or by reason of the terms of, or effects, arising from this Agreement.
The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the
City, including fees and costs for special counsel to be selected by the City, regarding any action
by a third party challenging the validity of this Agreement, or asserting that personal injury,
damages, just compensation, restitution, judicial or equitable relief due to personal or property
rights arises by reason of effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding.
CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the
Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714-647-6956
With courtesy copies to:
and
Executive Director of Parks, Recreation and Community Services
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
To Consultant: Tom Bystry
16875 Donwest
Tustin, California 92780
A party may change its address by giving notice in writing to the other party. Thereafter,
communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
iH Ylil TJ1WZVIIIIM I
This Agreement may be terminated by either party upon thirty (30) days written notice of
termination. in such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
0a/�v
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Byjdll,t ( c`
rLaura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
.✓"'c�cuC j '
GERARDO MOUET V
Executive Director of the
Parks Recreation and Cor
Services Agency
CITY OF SANTA ANA
\I S
DAVID CAVAZOS
City Manager
VIDEO ENGINEERING SERVICES
-IF/5
THOMAS E. BYSTRY
President
EXHIBIT A
VIDEO ENGINEERING SERVICES
BASE ENGINEER
1. Consult shall confer with the Executive Director of Parks, Recreation and Community
Services or assigned staff to evaluate needs and supervise maintenance activity of all city
owned audio/video facilities. Said facilities include, but are not limited to, City Hall, recreation
centers, senior centers, Stadium, Soccer fields. Etc.
2. Review and make recommendation for the repair and /or replacement of said audio/video
facilities.
3. Design layout of electrical circuitry for existing and /or acquired audio /video equipment.
4. Ensure compliance with local, state, and federal safety codes and regulations.
5. Establish and maintain equipment log and data base to keep inventory and records of
maintenance and to track equipment performance.
6. Help establish and enforce Agency wide policies for equipment use. Provide operation
instruction for staff.
7. Conduct regular security checks on the City's production equipment.
8. Prepare preventative maintenance schedules and execute said maintenance on a routine
basis.
9. Supervise annual asset inventories and tagging of new assets, as needed.
10. Coordinate equipment repair with outside agencies.
11. Coordinate acquisition of new production equipment.
12. Facilitate and supervise use of facilities or equipment by outside agencies, persons, other
City employees or cable franchisee staff.
13. Facilitate completion of production services requested by City staff (including making dubs,
editing and shooting videos, setting up equipment, delivering equipment, setting up
operating facilities as needed.)
14. Provide updates to Executive Director and/or assigned staff on progress of equipment
install, maintenance, building projects and anticipated completion dates.
15. Assist City Clerk and other staff on use of Council Chambers: video, audio, lighting,
powerpoint, elmo or other technical needs.
COMPENSATION Annually $17,745
City will pay contractor $65 (sixty five) per hour. For an average of 10.5 hours every two weeks.
The first and third Tuesdays of the month (Council Meetings) shall be two regularly assigned
workdays for Contractor.
EXHIBIT B
VIDEO ENGINEERING SERVICES
State of the City Address
Consultant shall produce the mayor's state of the city address, including
• Hiring and supervising crew for camera operations, audio mixing, cable running
equipment load in and load out.
• Directing the show for video.
• Renting all needed video equipment and editing the finished video for playback.
Flat fee - $5,000
Itemized invoicing for this item will occur once a year. Does not include a video to be used by the
Mayor in his presentation.
EXHIBIT C
VIDEO ENGINEERING SERVICES
Council Meetings
VIDEO ENGINEERING SERVICES (Thomas E. Bystry) will serve as Producer/Administrator for
City of Santa Ana City Council meetings. Said services include hiring and supervision of video
production staff. Consultant shall provide production services in live meeting coverage and
playback for up to twenty-four (24) meetings, including City Council meetings held the first and
third Tuesday of the month, Candidates Forum, Election coverage and swearing -in ceremonies
biannually, and various additional meetings as selected by the Clerk of the Council and/or City
Manager. Production services shall include all responsibility for graphics during the presentations,
video roll -ins and all audio/visual needs. Additionally, Consultant shall provide technical
assistance for city production crews and staff. Services shall include:
1) Serve as Video Producer for all council meetings and cable -casting events in council
chambers.
2) Maintain open communications with city clerks' office for special needs or changes
pertinent to the agenda for each council meeting.
3) Communicate and confirm with the cable administration office in Parks and Recreation
regarding council meeting coverage and playback related to the city channel. Report of
technical playback and council problems and remedies to the cable office.
4) Provide, hire and supervise all video production crew and staff which will include Director,
Camera Robotics Operator, Audio Operator, Graphics Designer and Playback Operator.
These positions may be consolidated in one person.
5) Schedule video production staff. Pre -arrange and notify crew of video productions and
changes.
6) Provide maintenance of playback equipment located in City Hall and necessary for City
Council meeting.
7) Provide for office administration and payroll for video production crew and playback.
8) Provide and be responsible for all production staff training and hands-on use of
equipment for video crews.
9) Direct communication with City Council members and Clerk of the Council.
10) Review any needs or concerns related to production request: includes powerpoint,
overheads, video roll -ins and presentations, review cueing system, proper use of
microphones for Council.
11) Arrange for and design overall look and style of productions.
12) Arrange for input of council graphics prior to the meeting. Run a spell check. Arrange for
graphics to state replays during the meeting, approximately every 30 minutes during
program.
Compensation for Video Engineering services shall not exceed $33,300 annually, as follows:
$17,700 for first Tuesday meeting each Month. $15,600 for third Tuesday of the Month - if
televised. This is flat rate amount regardless of duration of council meetings. Said fee includes all
required crew and insurance required by City Hall. All invoices submitted shall be itemized.
EXHIBIT D
BUDGET SUMMARY FOR CONSULTANT AGREEMENT (CONTRACT)
Between The City of Santa Ana and Video Engineering Services (Thomas E. Bystry).
Annual budget for Exhibit A:
$17,745
Base Engineer
Annual budget for Exhibit B
$5,000
Produce State of The City Address
Annual budget for Exhibit C
$17,700
First council meeting of month
Annual budget for Exhibit C $15,600 Second council meeting of the month -
if televised.
TOTAL ANNUAL AMOUNT APPROPRIATED FOR COMPLETE CONTRACT: $56,045
Consultant shall submit itemized monthly invoice detailing services provided and costs associated
with those services.
CERTIFICATE OF LIABILITY INSURANCE D012712 4Yl
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must he endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsements .
PRODUCER X° Chris Rudolph _
Triton of Calif Insurance Services, Inc. PHONE
2332 Auburn Blvd PROkIL° ' OL48547Da arc Nnl;, t91e)aaB-919a
Sacramento CA 95821 .tip2t+sa chdB(trnanmsamnce cam
License 9 OF41767 . _.__ - IMBURaR[BtAPFOR01Nq COYERAOE._._ __� NAfGN
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INSURED INSURERS:
TOM BYSTRY `
DBA: VIDEO ENGINEERING SERVICES Wsuaeac:
16875 DONWEST INSURER I
Tustin, CA 92780 NaU_RERB
___INSURER F:
COVERAGES CERTIFICATE NUMBER: 00003902.1453$ REVISION. NUMBER: 4
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (A1IAeh ACORD 101, Addalaeel Remerhe Schedule, if more apace 1. req"Imd)
The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; It officers,
employees, agents and representative are named as additional Insureds ("additional
Insureds") with regard to liability and defense of suits arising from the operations and uses
performed by or on behalf of the named insured.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CITY OF SANTA ANA FINANCE & MANAGEMENT SERVICES AGENCY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
PURCHASIN ACCORDANCE WITH THE POLICY PROVISIONS.
20 CIVIC CENTER PLAZA M-16 .� �....»
Santa Ana, CA 92702 AUTHORIZED REPSIS TIV6
CPF
01988.2010 ACORD CORPORATION. All rights reserve
ACORD 25 (2010/06) The ACORD name and logo are registered marks of ACORD
Printed by CPR on January 27, 2014 at 03:16PM
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSUREDS -
OWNER S, LESSEES OR CONTRACTORS
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Policy
0011F0Ii7GiF11111W lnw
TOM BYSTRY
VIDEO ENGINEERING SERVICES
Nalne of Person or Organization:
CITY OF SANTA ANA FINANCE & MANAGEMENT SERVICES AGENCY PURCHASING DIVISION, 20
CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA 92701; IT OFFICERS, EMPLOYEES, AGENTS
AND REPRESENTATIVE
20 CIVIC CENTER PLAZA M-18
SANTA ANA CA 92702
VARIOUS LOCATIONS THROUGHOUT SANTA ANA, CA
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
A. Section II — Who Is An Insured is amended to include as an insured the person or organization
shown in the Schedule, but only to the extent that the person or organization shown in the Schedule
is held liable for your acts or omissions arising out of your ongoing operations performed for that
Insured.
S. With respect to the insurance afforded to these additional insureds, the following exclusion is added:
2. Exclusions
This Insurance does not apply to "bodily injury" or "property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work,
on the project (other than service, maintenance or repairs) to be performed by or on
behalf of the additional insured(s) at the site of the covered operations has been
completed; or
(2) That portion of "your work" out of which the Injury or damage arises has been put to its
Intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
C. The words "you" and "your" refer to the Named Insured shown in the Declarations.
D. "Your work" means work or operations performed by you or on your behalf; and materials, parts or
equipment furnished in connection with such work or operations.
Primary Wording
If required by written contract or agreement: Such insurance as is afforded by this policy shall be
primary insurance, and any insurance or self-insurance maintained by the above additional
insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute
to it.
Waiver of Subropatlon
If required by written contract or agreement: We waive any right of recovery we may have against an
entity that is an additional insured per the terms of this endorsement because of payments we make for
injury or damage arising out of "yourwork' done under a contract with that person or organization.
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