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HomeMy WebLinkAboutCOMCAST COMMISSION MEETINGS Approved by Augusta Richmond County Commission 9-4-01 CONTRACT This Contract is' entered into on and as of q 1;(0/ ' 2001, by and between AUGUSTA, GEORGIA, a political subdivision of the Stat~ 0 Georgia, acting by and through the Augusta-Richmond County Commission, and Comcast Corporation, a corporation organized and existing under the laws of Georgia. j 1. DEFINITIONS As used in this Contractthe terms below are defined as follows: a. G) (0 d. "Augusta" shall mean the political subdivision created by the consolidation of Richmond County, Georgia and the City Council of Augusta, acting by and through the Augusta-Richmond County Commission. "Using Department" shall mean the Augusta-Richmond County Commission. "Contract Administrator" shall mean the individual and/or department assigned to administer this Contract, to wit: the Augusta-Richmond County Department ofInformation'Technology. "Contractor" shall mean Comcast Corporation, whose authorized representative is Bill Botham, which representative is responsible for the performance obligation of the Contractor under the Contract. e. "Commission" shall mean the Augusta-Richmond County Commission. /' ,J 2. CONTRACT PERIOD The term of this Contract shall be from the date of adoption until termination shall occur as outlined in Section I1.TERMINATION FOR CONVENIENCE OF AUGUSTA; TERMINATION BY CONTRACTOR. This Contract may be renewed for such additional periods as the parties hereto may mutually agree upon. .\ 3. PROVISION OF SERVICES Contractor hereby agrees to provide to Augusta the services described below: 1 <9 a. Contractor shall provide staff services required to record Commission meetings on a. bi-monthly basis. Commission meetings will be held on the first and third Tuesday of every month unless otherwise posted. b. Contractor shall provide equipment necessary to record Commission meetings on a bi-monthly basis. c. All recorded meetings may be subject to the Open Records Act; provided, however, nothing herein shall provide any time requirement upon Contractor for maintaining such recordings. d. All charges for production of copies must be within current industry pricing. Contractor shall broadcast recorded commission meetings in their entirety on a previously specified channel (Channel 66). No changes in scheduling or channel location will be made without the written approval of Augusta. f. Augusta reserves the right to request changes to the provisions of service in accordance as directed by the Commission. g. Augusta reserves the right to request changes to the provisions of service in accordance with Section 7 (d) of the Franchise Agreement between Augusta and Comcast. j 4. CONTRACT AMOUNT In consideration of the services identified above, and subject to the "Non.;. Appropriation of Funds" clause herein, Augusta certifies that sufficient funds are budgeted and appropriated and shall compensate the Contractor an amount of $50.00 per hour for services rendered in recording the Commission meetings. The estimated time required to perform these services is 72 hours per year. Contractor agrees that it shall not invoice, or receive any payments in excess of this amount. Contractor specifically acknowledges and agrees that it shall not receive payment or reimbursement for expenses, including those relating to travel, purchase of supplies or related items. ,J 5. TIME OF ESSENCE AND COMPLETION a. Time shall be of the essence to this Contract, except where it is herein specifically . provided to the contrary. Contractor shall provide sufficient staff to record Commission 2 f . ~ .NY' meetings from beginning to completion. >if en ~ Contractor shall broadcast recorded commission meetings..en the first day followiBg Commission' am, on e firstSatur ay 0 owmg ., . the first Tuesday following Commiss' .:. L 1l~1\ b ~rd)~ CJ'f\. ~-1~eiA 6. KEY PERSONNEL Contractor shall provide personnel that are adequately trained to produce a broadcast quality recording 7. INSPECTION AND ACCEPTANCE' All tasks and media shall be produced and completed in accordance with recognized and customarily accepted industry practices. 3 . . \/0 ASSIGNABILITY OF CONTRACf Neither this Contract, nor any part hereof, may be assigned by Contractor to any other party without the prior express written permission of Augusta. 9. MODIFICATIONS OR CHANGES TO THIS CONTRACT All modifications and changes to this Contract shall be in writing and signed by both parties. The Contract Administrator, with the approval of the Commission, shall have the authority to order changes in this Contract which affect the cost or time of perfortnance. Such changes shall be ordered in writing specifically designated to be a "Change Order:" Such change orders shall be limited to reasonable changes in the services to be provided or the time of delivery; provided that the Contractor shall not be excused from performance under the changed Contract by failure to agree to such changes, and it is the express purpose of this provision to permit unilateral changes in the Contract now subject to the conditions and limitations herein. Contractor need not perform any work described in any Change Order unless it has received a written certification from Augusta tnat'tnere are funds budgeted and appropriated sufficient to cover the cost of such changes. Contractor shall make a demand for payment for completed changed work within thirty (30) days of completion of Change Order, unless such time period is extended in writing, or unless the Director of Purchasing requires submission of a cost proposal prior to the initiation of any changed work or services. Later notification shall not bar the honoring of such claim or demand unless Augusta is prejudiced by such delay. No claim for changes ordered hereunder shall be considered if made after final payment in accordance with the Contract. 10. EMPLOYMENT DISCRIMINATION During the performance ofthis Contract, Contractor agrees as follows: a. Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, disability, or national origin, except where reIigion, sex, or nation origin is a bona fide occupational qualification reasonably necessary to the normal operation of Contractor. Contractor agrees to post, in conspicuous places, notices setting forth the provisions of this nondiscrimination clause. 4 b. Contractor, in all solicitations or advertisements for employees placed by or on behalf of Contractor, will state that such Contractor is an equal opportunity employer. c. Notices, advertisements, and solicitations placed in accordance with Federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. Contractor will include the provisions of the foregoing paragraphs a, b, and c in every subcontract or purchase order so that the provisions will be binding upon each subcontractor or vendor. .Jl1. TERMINATION FOR CONVENIENCE OF AUGUSTA; TERMINATION BY CONTRACTOR The parties agree that Augusta may terminate this Contract or any work or delivery required hereunder, from time to time, either in whole or in part, whenever the Commission, on recommendation from the Contract Administrator, shall determine that such termination is in the best interest of Augusta. Termination, in whole or in part, by Augusta shall be effected by delivery of a Notice of Termination signed by the Mayor, mailed or delivered to Contractor, and specifically setting forth the effective date of termination, which date shall not be sooner than sixty (30) days from the date of the Notice. Upon receipt of such Notice, Contractor shall: a. Cease any further work due under this Contract, on the date, and to the extent, which may be specified in the Notice; and b. Use its best efforts to mitigate any damages which may be sustained by him as a consequence of termination under this clause. In the event this Contract is terminated as provided above, the contract amount set forth herein shall be prorated on a monthly basis and Contractor shall be paid for all work performed up to the date oftermination.Termination by Contractor shall be effected by delivery ofa Notice of Termination signed by Bill Botham, Comcast Corporation, mailed or delivered to the Augusta- Richmond County Administrator, providing the effective date ofterminatiort;Which date shall not be sooner than sixty (60) days from the date of the Notice. / J12. TERMINATION FOR DEFAULT 5 Either party may terminate this Contract, without further obligation, for the default . of the other party or its agents or employees with respect to any agreement or provision contained herein. 13. EXAMINATION OF RECORDS Contractor agrees that Augusta or any duly authorized representative shall, until the expiration of three (3) years after final payment hereunder, have access to and the right to examine and copy any directly pertinent books, documents, papers, and records of Contractor involving transactions related to this Contract. For purposes of this provision, the right to examine and copy books, documents, papers and records of Contractor specifically includes the right of Augusta to conduct a financial audit of such records for purposes of confirming Contractor's compliance with the terms and conditions of this Contract. Contractor further agrees to include in any subcontract entered into as a result of this contract, a provision to the effect that the subcontractor agrees that Augusta or any duly authorized representative shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and copy any directly pertinent books, documents, papers, and records of such Contractor involved in transactions related to such subcontract, or this Contract. The term subcontract as used herein shall exclude subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. The period of access provided in the paragraphs above for records, books, documents, and papers which may be related to any arbitration, litigation, or the settlement of claims arising out of the performance of this contract or any subcontract shall continue until any appeals, arbitration, litigation, or claims shall have been finally disposed of. 14. DISPUTES Disputes by Contractor with respect to this Contract shall be decided in the first instance by the Contract Administrator, who shall reduce his decision to writing, and mail or otherwise furnish gid decision to the Commission. Decisions by the Commission shall be final and binding unless set aside by a court of competent jurisdiction as fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not be supported by any evidence. Pending a final determination ofa properly appealed decision ofthe Administrator, Contractor shall proceed diligently with the performance of the Contract in accordance with that decision. 15. INDEMNIFICATION; INSURANCE Contractor agrees to indemnify and hold harmless Augusta from any and all claims in any way related to or arising out of any failure of Contractor to perform its obligations hereunder or related to or arising out of any damage or injury to property or persons, occurring or allegedly 6 occurring as a result of Contractor's activities pursuant to this Contract, including reasonable attorney's fees and expensesoflitigation incurred by Augusta in connection therewith. For purposes of this provision, "Augusta" includes Augusta and Richmond County, Georgia,- the Augusta- Richmond County Commission and its individual members, and all employees, agents, representatives, elected officials, and officers of Augusta and Richmond County, Georgia. Without limiting the foregoing, Contractor further agrees to maintain at all times during said period, at Contractor's expense, comprehensive and general public liability insurance coverage against claims for personal injury, death and/or property damage occurring in connection with Contractor's performance of its duties and obligations under this Contract, with limits of coverage of not less than $500,000.00 for personal injury (including death) per person and $l,OOO,OOO.OO per occurrence. The cost of premiums for all policies of insurance required by this Contract shall be paid by Contractor. All policies providing insurance coverage required to be maintained by Contractor hereunder shall list Augusta, Georgia, the Augusta-Richmond County Commission and its officials, officers, agents, members, employees and successors as named insureds, as their interests may appear, and shall be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and reasonably acceptable to Augusta. All such policies shall provide that no act or omission of Contractor or its agents, servants, or employees shall in any way invalidate any insurance coverage for the other named insureds. No insurance policy providing any insurance coverage required to be provided by Contractor hereunder shall be cancelable without at least 15 days advance written notice to Augusta. All insurance policies required hereunder, or copies thereof,. shall be provided to Augusta by Contractor. 16. INTEGRATION CLAUSE This Contract, and any and all exhibits thereto, and/or documents incorporated by reference into this Contract, shall constitute the whole agreement between the parties. There are no promises, terms, condition, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations, or agreements, written or verbal, between the parties hereto related to the Provision for Services described herein. [SIGNATURES ON NEXT PAGE] 7 ,..' " . . ~- ,'~ ") IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. AUGUSTA, GEORGIA eYJ)'/ (T- By: David S. "C@tenhaver As its Mayor ATTEST~ ~1!~ .~ As its Clerk [SEAL] Comcast Corporation ~JJ BY. .d~-(I!/ Printed name: p "U $0771..44 As its-Prcsidcn:t (g0rJ 7- I'1Ff::.1(~ 5 /l1i)< ATTEST: ~~ (i!lA ~reWry AY6{L~~ [SEAL] 8