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.
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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.
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,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.
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3. PROVISION OF SERVICES
Contractor hereby agrees to provide to Augusta the services described below:
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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
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.NY' meetings from beginning to completion.
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~ 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
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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.
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\/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.
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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.
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J12.
TERMINATION FOR DEFAULT
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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
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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.
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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~
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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: ~~
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[SEAL]
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