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HomeMy WebLinkAboutTripepi Smith - 2019-06-03APPR V6-D 7-o City of Huntington Beach File #: 19-659 MEETING DATE: 6/3/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Lori Ann Farrell Harrison, Interim City Manager PREPARED BY: Antonia Graham, Assistant to the City Manager Subiect: Approve and Authorize Execution of Agreement with Tripepi Smith for Cablecasting Services Statement of Issue: This is a request for Council Action for the City Council to approve a two-year contract with Tripepi Smith to provide cablecasting services for the City Council and Planning Commission Meetings. Financial Impact: Funds are available in the FY 2019/20 Proposed Budget in account 24330101 for cablecasting services. The first year of the contract is $71,840 comprised of ongoing costs of $64,970 and one- time transition, training and preparation costs of $6,870. The two year contract provides a not -to - exceed amount of $150,000 providing flexibility as this is the first year of the City's new cablecasting program. Recommended Action: Approve and authorize the Mayor and City Clerk to execute a two-year contract with Tripepi Smith for Cablecasting Services in an amount not to exceed $150,000. Alternative Action(s): Do not approve the contract and direct staff accordingly. Analysis: As part of the exit and transition plan out of PCTA, City staff issued a Request for Proposal for cablecasting services in March 2019. The City received three proposals from Tripepi Smith, NTT, and Matrix on April 25, 2019. The top two firms, Tripepi Smith and NTT, were invited to panel interviews with staff from the City Manager's Office, Finance, and Information Services. Tripepi Smith was deemed the most qualified to assist the City with the transition from the Joint Powers Authority PCTA to a City -run channel. Tripepi Smith has a track record of working with public agencies throughout California. This work includes full-scale video production, evaluating existing communication platforms, developing City of Huntington Beach Page 1 of 2 Printed on 5/30/2019 powered by LegistarT'" File #: 19-659 MEETING DATE: 6/3/2019 strategic messaging, developing and maintaining social media sites, and working to promote community involvement. The team brings expertise in council meeting video production and non -meeting event and educational format video production. Examples of work include city council meeting recordings, community event recordings, State of the City videos, interview formats and community Public Service Announcements. Tripepi Smith currently provides similar services to the cities of Bellflower, Placentia, Villa Park, Culver City, and Indian Wells. City staff and Tripepi Smith will work closely on the transition from PCTA to a City -run channel. This will happen by cross -training in the Audio Visual Room during City Council and Planning Commission Meetings beginning immediately after the award of this contract, with the goal that effective July 23, 2019, Tripepi Smith is the sole operator cablecasting the City Council and Planning Commission meetings. Environmental Status: Not Applicable. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. Agreement between the City of Huntington Beach and Tripepi Smith City of Huntington Beach Page 2 of 2 Printed on 5/30/2019 powered by LegistariD' PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TRIPEPI SMITH & ASSOCIATES FOR CITY COUNCIL & PLANNING COMMISSION MEETING CABLECAST SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Tripepi Smith & Associates, a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide City Council & Planning Commission meeting cablecast services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Ryder Todd Smith who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 19-7678/204873 agree/ surfnet/professional svcs mayor 1 of 11 5/19-204082 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on June 3 , 2019 (the "Commencement Date"). This Agreement shall automatically terminate two (2) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than Two (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A."This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Fifty Thousand Dollars ($150,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 19-7678/204873 agree/ surfnedprofessional svcs mayor 2 of 11 5/19-204082 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 19-7678/204873 agree/ surfnet/professional svcs mayor 3 of 11 5/19-204082 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance 19-7678/204873 agree/ surfnet/professional sves mayor 4 of 11 5/19-204082 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 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. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and 19-7678/204873 agree/ surfnet/professional svcs mayor 5 of 11 5/19-204082 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 19-76781204873 agree/ surfnet/professiona[ sues mayor 6 of 11 5/19-204082 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: 19-7678/204873 agree/ surfnet/professional svos mayor 7 of 11 5/19-204082 TO CITY: City of Huntington Beach ATTN: Antonia Graham 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Ryder Todd Smith PO Box 52152 Irvine, CA 92619 (626) 536-2173 ryder@tripepismith.com When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 19-7678/204873 agree/ surfnet/professionaf sves mayor 8 of 11 5/I9-204082 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 19-7678/204873 agree/ surfnedprofessional Svcs mayor 9 of 11 5/19-204082 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27, SIGNATORIES 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 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. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this I9-7678/204873 agree/ surfrnet/professional svcs mayor 10 of 11 5/19-204082 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, Ryder Todd Smith TRIPEPI SMITH & ASSOCIATES By: . 'IzS�-r4 print name ITS: (circle one) Chairman/President/Vice President AND By: 6PAILA print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California q4-144�. City Clerk 7/-21lq hC INITIATED AND APPROVED: REVIE ED AND APPROVED: Inoterim City Manager APPROV nASSORM: ity Attorney T 19-7678/204873 agree/ surfnet/professional svcs mayor 11 of 11 5/19-204082 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Produce and direct live public City Council and Planning Commission Meetings in the Huntington Beach City Council Chamber and provide technical support for related equipment and systems. The regular meetings of the City Council are held on the Ist and 3rd Monday of each month beginning at 4:00 p.m. (Study Session followed by City Council at 6:00 p.m.) the Planning Commission meets the 2nd and 4th Tuesday of the month beginning at 6:00 p.m. *Study Session followed by Planning Commission at 7:00 p.m.). The Consultant should have in-depth knowledge of Council Chamber Audio Visual (AV) technologies and a minimum of five years of working experience with Council Chamber AV systems, producing/directing live Council Meetings, and should be fluent in operating the switcher as well as programming. The Consultant should be experienced at operating video cameras as well as other control room equipment to successfully produce this live cablecast. The Consultant should have the expertise needed to troubleshoot television production equipment including but not limited to routers, equipment, and headend problems in addition to having the ability to resolve these issues in a timely fashion to ensure live telecast deadlines are met. Additionally, the City may request the Consultant to assist with taping/recording of other large meetings/events that are hosted in the Council Chambers (e.g. Huntington Beach Police Department Awards/Meetings, Town Hall Events, etc.). While not filmed "live" these meetings/events are later cable casted onto Channel 3. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: • Provide staff (number of employees/staff to be determined by the City and can be changed based on meeting needs) to run cameras, direct meetings on the switcher, tape -op, and coordinate roll -ins with staff. • Create all applicable graphics as per the current agenda for the City Council and Planning Commission Meetings utilizing necessary software and systems. • Provide two scheduled playbacks from the server on HB Channel 3. • Meetings must be encoded live onto a server for playback. • Consultant should have extensive experience at troubleshooting single path issues in a digital production studio. • Create one (1) labeled DVD Master for each meeting. • Maintain one (1) labeled DVD copy in the City Manager's Office. • Prepare and manage digital media requested to be rolled in during a Council Meeting. • When the City Council is in Closed Session, run an outer screen noting the Closed Session status with an interior window view of the Bulletin Board or other specified content. • Arrive at least two hours prior to the start of any scheduled meeting and test each microphone and all studio equipment. • Ensure proper audio feed from microphones with Crestron control system. • Perform equipment checks prior to each meeting, providing enough time to resolve potential issues before the meeting is started. • Ensure live feed of HB Channel 3 through Granicus Media manager website at all times. 1 Exhibit A C. CITY'S DUTIES AND RESPONSIBILITIES: The CITY shall work collaboratively with the CONSULTANT to identify appropriate staff members to work with CONSULTANT to advance the goals of the City Council. D. WORK PROGRAM/PROJECT SCHEDULE: The Consultant will have two (2) years from contract approval to complete the Statement of Work. 2 Exhibit A Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B Exhibit B Monthly Services Random AV Fix Issues TOTAL Per Month $4,935.00 $425.00 Transition Training & Preparation $1,145.00 Incident Review $800 Item Subtotals 12 $59,220.00 6 6 4 ESTIMATED TOTAL THROUGH JUNE 30, 2020 $2,550.00 $6,870.00 $3,200.00 $71,840.00 TOTAL AMOUNT NOT TO EXCEED $150,000 Exhibit B Exhibit B EXHIBIT B Avg Meeting Prep per Post Total Hours/ Monthly Planning Commission Rate Time meeting Meeting Total Meetings Month Month Rates Subtotal Onsite Staff: Video Production $70.00 1 2 1 4 2 8 $70.00 $560.00 Video Production $70.00 1 1 1 3 2 6 $70.00 $420.00 Senior AV Tech $212.50 0 0 2 0 $212.50 $0.00 $980.00 Avg Meeting Prep per Post Total Hours/ Monthly City Council Meetings Rate Time meeting meeting Total Meetings/ Month Month Rates Subtotal Onsite Staff Video Production $70.00 3 1 1 6 2 12 $70.00 $840.00 Video Production $70.00 3 1 1 6 2 12 $70.00 $840.00 Senior AV Tech $212.50 2 2 2 4 $212.50 $850.00 $2,530.00 Unanticipated Fix / Hours per Monthly Support on AV RATE month Subtotal Item Senior AV Tech $212.50 2 $425.00 TOTAL Per Month Subtotals Monthly Sennces $4,935.00 12 $59,220.00 Random AV Fix issues $425.00 6 $2,550.00 Hours per Monthly Transition Training & Preparation $1,145.00 6 $6,870.00 Project Management RATE month Subtotal Business Analyst $95.00 15 $1,425.00 Incident Rer4ew $800 4 $3,200.00 ESTIMATED TOTAL THROUGH JUNE 30, 2020 $71,840.00 Transition Training and Preparation RATE Hours TOTAL Principal $250.00 1 $250.00 Business Analyst $95.00 2 $190.00 Video Production Camera Operator $70.00 2 $140.00 Video Production Camera Operator & Tech $70.00 2 $140.00 Senior AV Tech $212.50 2 $425.00 $1,145.00 Exhibit B l 2 3 4 5 8 7 8 g 10 }l 12 13 !4 15 16 17 18 19 20 Zl 22 23 %4 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND IRlPEPI8MITH & ASSOCIATES FOR CITY COUNCIL &PLANNING COMMISSION MEETING CABI.IlCAST SERVICES Table ofContents ScopeofServices ..................................................................................................... CityStaff Assistance ................................................................................................ 2 Term; Time ofPerformance ..................................................................................... 2 Compensation ^^^—'----'—'-'^^^''----'--'----''^~^^'--'--'--'—'~- ExtraWork ............................................................................................................... 2 Method of Payment -------..---...........—~----.-----.----..3 Disposition ofPlans, Estimates and Other Documents ........................................... 3 Hold Harmless —.----.----.----.-.-------..--------_---..3 Professional Liability loouranoc.---.-...........-..--..------.-----4 CertifivateofInsurance ............................................................................................ 5 Independent Contractor ............................................................................................ h Termination of Agreement ........—...-.--.--.--------------.......6 Assignment and Delegation —.------------..---.--.--.------6 -_------...--_.---.--------_------.--..7 City Employees and Officials .................................................................................. 7 Notices......................................................................................... 7 Consent.................................................................................................................... @ Modification ........................................ ... .................................................................. & Section Headings ----------------------.-.—.-^------_..0 Interpretation of this Agreement ------.........—.-------------_..8 Duplicate Original ...--.-------.---.---------.--...^.^..--_./} Immigration ..............................'''.........'...........'......'......'.......................'.........''...''. 9 Legal Services Subcontracting Prohibited ................................................................ 9 Fees.......................................................................................................... lO Survival..................................................................................................................... l0 GoverningLaw ......................................................................................................... l0 S---.-........-------......—....—.......----...-----.l0 Entirety .-------.—...._....,..--.—.----.--.--------_.......-10 TRIPSMI-01 CERTIFICATE OF LIABILITY INSURANCE F E DAT6(MMIDD/YYW) 6/6/2019 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 have ADDITIONAL INSURED provisions or be 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 License # OG19762 Cp HT CT NAM Ash Williams Momentous Insurance Brokerage Inc 5990 Sepulveda Blvd., #550 Van Nuys, CA 91411 jafco,"r o, Exti: (818 933-9879 P ) (A/c, No):(818) 933-2285 E M 1 ADI�Rhss: INSURERS AFFORDING COVERAGE NAIC # INSURER A: I loyd's INSURED -INSURERS: INSURER C : Tripep! Smith & Associates P.O. BOX 52152 Irvine, CA 92619 INSURER D INSURER E INSURER F : COVERAGES CERTIFICATE NUMRFR- REVISION NI IMRFG• 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 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. INSR TYPE OF INSURANCE ADOL SUER POLICY NUMBER POLICY EFP POLfCYEXPLTR LIMITS COMMERCIAL GENERAL LIABILITY -MADE OCCUR CLAIMSen EACH OCCURRENCE $ DAMAGPREMISETOES ERENT D ce S MED EXP (Any one arson S PERSONAL & ADV INJURY S GENLAGGREGATE LIMIT APPLIES PER: POLICY ❑ JE O- LOC GENERAL AGGREGATE $ PRODUCTS - COMPfOP AGG S $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT a a1,11N $ BODILY INJURY Perperson) ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOSSWNE AUTOS ONLY AU�1 OS ONL° PROVED AS T O FORM SOOILY INJURY Par accident f PF tOF`g Y MACE are ecc enl $ S UMBRELLA LIAe EXCESS LJA6 HCLA(MS-MADE OCCUR B ; MICtfAEL E. GATES CITY ATTORNEY EACH OCCURRENCE S AGGREGATE s DEC) RETENTIONS en 6W4.INT1NGTON BEACH WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANYPR'ROPRIIETORIPAR NEWS ECUTIVE ❑ (Mandatory In NHI If yes, descrtbe under DESCRIPTION OF OPERATIONS below N/A I PER OTH- E.L. EACH ACCIDENT f E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT A Errors & Omissions X W226EE190201 41V2019 4/11Yd20 Aggregate 2,000,000 Each Loss 1,000,000 Retention 2,S00 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, AddlUonai Remarks Schedule, may be attached if more space In required) This Is a claims -made and reported policy. Defense costs and claims expenses are paid from the policy limit and subject to the retention amount. The City of Huntington Beach, Its officers, elected or appointed officials, empioyees, agents, and volunteers are hereby named Additional Insured but only as respects to claims arising out of the Named Insured's wrongful acts as covered by the policy. City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE eek 4 ACORD 25 (2016103) C 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Effective date of this Endorsement: 06-Jun-2019 This Endorsement is attached to and forms a part of Policy Number: W22SEE190201 Syndicate 2623/623 at Lloyd's. referred to in this endorsement as either the "Insurer" or the "Underwriters" AMEND DEFINITION OF ADDITIONAL INSURED This endorsement modifies insurance provided under the following: AFB MEDIA TECH® In consideration of the premium charged for the Policy, it is hereby understood and agreed that Clause VI. DEFINITIONS A. is amended to include: Additional Insured(s) El Toro Water District City of Saratoga City of Cupertino City of Lomita and its appointed officers, officials, employees, agents and volunteers City of Walnut and its officers, officials, employees and agents City of Santa Ana The City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers All other terms and conditions of this Policy remain unchanged. 21. Authori d Representative E06620 Page 1 of 1 122014 ed. City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk July 2, 2019 Tripepi Smith & Associates Attn: Ryder Todd Smith P.O. Box 52151 irvine, CA 92619 Dear Mr. Smith: Enclosed is a fully executed duplicate original of the "Professional Services Contract between the City of Huntington Beach and Tripepi Smith & Associates for City Council & Planning Commission Meeting Cablecast Services" approved by the Huntington Beach City Council on June 3, 2019. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand -�> CITY OF HUNTINGTON BEACH ' Professional Service Approval Form FEB 2 6 2019 PART4 Date: 2/26/2019 Project Manager Name: Antonia Graham Requested by Name if different from Project Manager: Department: City Manager PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: The City will be exiting the joint powers authority - Public Cable Television Authority (PCTA) and will be in need of video production services for the broadcasting and taping of City Council, Plannii and other meetings deemed necessary by the City Council Communications Committee. 2) Estimated cost of the services being sought: $ 50,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: L�C�C�C��MC�D F____. MAR 4 2019 Office of the City Manager 4) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Coun ' . If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes ❑ No Fisca Services Manager Signature (Purchasing Approval) Date 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit. object # Fiscal Year 19/20 Fiscal Year 20/21 Fiscal Year 21 /22 Fiscal Year 24330101.69505 $50000 $50000 $50000 $ $ $ $ $ Budget Approval rtment Head Signature(s) hief Financial Officer Signature (/ Assistant City Manager's Signature APPROVED] DENA)[� Date Date Date S � �ti D'ate T/4-r nager's Signature video production part 1 REV: February 2015 Date