MACC - Tigard Civic Studio METR0P0hD AREA
-MACC COMMUNICATIONS COMMISSION
REPRESE14TING THE COMMUNITIES OF,FANKS,BEAVERTON,COR�iELiUS,;DURHAti!FORESTiGROVE,GASTON;HILLSBORO,KING CITY,LAKE OSWEGO,NORTH PLAINS,RIVERGROVE.TIGARD,TUALATIN ANDVASHINGTON COUNTY
CAME TV FRANCIiISE REC�UTATION • TEIECOMMUNICATIONS AdVICE.ANd'SUPPORT • Public COMMUNICATIONS NETWORk(PCN) • TUAIATIN VAIIEY COMMUNITY TV
AGREEMENT FOR GOVERNMENT MEETING PRODUCTION SERVICES
AND USE OF TIGARD CIVIC ST JI IO
BETWEEN
TUALATIN VALLEY COMMUNITY TELEVISION
AND
THE CITY OF TIGARD, OREGON
This Agreement is between the Tualatin Valley Community Television(hereinafter "TVCTV"), a
division of the Metropolitan Area Communications Commission(hereinafter, "MACC") an
intergovernmental agency, located in Beaverton, Oregon, and the City of Tigard (hereinafter
("City"), a political subdivision of the State of Oregon.
A. TVCTV RESPONSIBILITIES. TVCTV shall provide the following services to the City:
1. Television Production Videotaped television coverage of regular sessions of meetings
(hereinafter"meeting coverage")in the City Council Chambers(hereinafter, "Civic Studio")
as may be mutually agreed. This may include"live" cablecast playback provided
simultaneously with the videotaped coverage above.
a) Meeting coverage using the Civic Studio shall be "gavel-to-gavel", unless otherwise
determined by the City.
b) Production supervision is generally the sole responsibility of TVCTV, unless the parties
mutually agree that the City may assume this responsibility for certain recording events.
In such cases, supervision of those recording events shall be the sole responsibility of the
City.
c) TVCTV shall employ industrial grade video equipment, character generation, and VHS,
SVHS or digital format recording decks and tapes in Civic Studio Productions.
d) TVCTV will maintain and repair Civic Studio equipment that was provided by TVCTV
through the PEG/PCN Grant Program(see exceptions under"Repair/Damage to
Equipment" Section B, below):
e) TVCTV warrants its video productions to be of reasonable quality, taking into
consideration the nature of the,event to be recorded, the space where the recording takes
place, and any other recording situations beyond the control of TVCTV. TVCTV further
warrants that its meeting coverage shall be as objective as is possible. TVCTV will not
edit meeting coverage, except to correct for: 1)alphanumeric(text) information inserted
into the video picture to provide the viewer with meeting dates and speaker
identification, and 2)brief suspensions(approximately 20 seconds each) in coverage
every two hours to allow for videotape changes.
2. Volunteer Training on request, TVCTV shall provide training and certification on use of the
25 YEARS OF SERVICE, 1980-2005
Civic Studio Agreement-Tigard Page 2
the Civic Studio to City staff, or its volunteers, in conformance with TVCTV Policies.
Training shall include orientation on the availability of all additional TVCTV production
resources and services.
3. Program playback(hereinafter,"cablecast"). Cablecast of the meeting coverage produced
under this Agreement shall be carried on the TVCTV Government Access Channels carried
on the Comcast cable television system(hereinafter "the System"). These will be cablecast, in
full, a total of at least three times. Webstreaming.of City meeting coverage will continue to
be provided by TVCTV at no cost to the City. TVCTV shall schedule all recording events
according to TVCTV Policies.
a) TVCTV shall supply one(1) complimentary copy of each recording shall be supplied to
the City at the end of each event.The City may purchase additional copies based on the
costs shown in TVCTV's current rate card (TVCTV will.bill City for this tape dubbing).
b) TVCTV shall retain the videotaped recordings of each meeting covered, for a period of
fourteen (14)days following production, after which time the videotapes will be erased
and recycled.. During this fourteen day period, anyone can purchase a copy or copies of
the recording in accordance with § 3(a) above.
B. CITY'S RESPONSIBILITIES. The City Programming Coordinator shall be responsible for:
I. Schedule and Coordinate Use of Civic Studio
a) Designate a City Liaison to TVCTV who will confirm meeting coverage dates for the
fiscal year.and also communicate with TVCTV regarding-any other information or
concerns relating to video coverage or system cablecasts. The City Liaison will provide
TVCTV with an annual calendar of scheduled meeting coverage by no later than
November I'of the preceding year. City will make every attempt to notify TVCTV at
least thirty(30) days in advance of the cancellation of, or change to a scheduled meeting
coverage.
In all cases, the City will attempt to provide TVCTV with at least seven(7) days notice
of the cancellation of a scheduled meeting coverage so that TVCTV can notify
employees scheduled for that event.
b) Provide the TVCTV's Outreach and Volunteer Coordinator with a copy of the
preliminary agenda for each recording event to be videotaped by TVCTV, as far in
advance of the recording event date as is practical.
c) Provide TVCTV's authorized representatives with access to buildings and rooms where
the meeting coverage will take place, including access to AC power for lights/equipment
and a telephone for local emergency calls; The City shall provide TVCTV room access
no less than two and one-half'(2.5)hours before, and no less than one-and-a-half(1.5)
hours after the meeting coverage, for set-up and striking the equipment used during the
Civic Studio Agreement-Tigard Page 3
equipment used during the production. City will also provide TVCTV's representatives
with a copy of the final agenda.for the recording event as far in advance of the recording
event date as is practical.
d) The.City retains the right to displace TVCTV productions scheduled in the Civic Studio.
The City recognizes the complications caused by displacing planned productions and will
try to limit displacing scheduled productions where possible. TVCTV acknowledges that
the City retains the right to modify Civic Studio availability without prior notice and at its
sole discretion.
e) All usage of the Civic Studio equipment shall be in accordance with TVCTV Policies and
with the provisions of the MACC PEG/PCN Grant Program. Volunteers recruited by
TVCTV may also volunteer for City productions after receiving training at the Civic
Studio. The City will schedule all volunteers for its separate recording events.
f) The City shall seek prior confirmation from TVCTV of channel availability for a live,
real-time cablecast, and shall seek playback times for its programs through TVCTV in
accordance with TVCTV Policies.
g) The City shall keep a usage log for TVCTV of all its use of the Civic Studio other than
those uses supervised by TVCTV-this log is available for TVCTV inspection. The City
shall document and notify TVCTV immediately if any technical difficulties or problems
arise with the Civic Studio or its equipment.
h) The City may use the Civic Studio for its own in-house purposes using personnel trained
by TVCTV.
2. Repair/Damage to Equipment-City will be responsible for any damage to TVCTV
equipment placed in the Civic Studio caused by the negligence of employees or agents of
City. Repair costs will be billed to the City, and if the equipment cannot be repaired, full
replacement cost of the'equipment will be billed to the City.
If a City employee or agent makes adjustments or alternations to the equipment in the Civic
Studio without advance permission of TVCTV, the City will reimburse TVCTV at a rate of
$50/hour for any engineering costs necessary to re-adjust or re-alter the equipment to place it
back to normal-operating condition.
3. Insurance The City shall'insure the Civic Studio equipment and related furniture, so
housed in its City Hall, for full replacement.value of no less than$48,321 -(see Exhibit A
"Equipment Inventory").
C. COMPENSATION
Base Meeting_Coveraae: TVCTV will provide the City with recording event coverage of two(2)
meetings.each calendar month.at no cost to the City. Any scheduled meeting that is cancelled
in one month cannot be used in another month. Base meeting:coverage is defined as a meeting
Civic Studio Agreement-Tigard Page 4
a meeting lasting up to four(4) hours in length(gavel to gavel). TVCTV may elect to charge
City for meeting coverage exceeding four hours based on the rates in its current ratecard. City
will pay TVCTV for any excess meeting coverage upon receipt of invoice from TVCTV.
Additional Meeting Coverage: The City may elect to have additional meetings covered by
TVCTV above the Base Meeting Coverage listed above: TVCTV will be compensated by City
for such additional meeting coverage as follows:
a. By payment to TVCTV of the appropriate production costs shown in
its current rate card, or
b. By using one of the City's program deliverables available to it each
fiscal year by MACC the Commission. Meetings longer than 4 hours
in length may require the use of more than one deliverable.
D. AGREEMENT GOAL. In accordance with the desire of the parties to maximize and develop
fully the resources of the Civic Studio,both parties agree to work cooperatively to achieve the
following during the term of this Agreement:
1) At the request of the City, train its.personnel and volunteers to operate the equipment in the
Civic Studio to produce programs for cablecast and in-house use; and,
2) Train City personnel on request to supervise the operations of the Civic Studio and any City-
trained crews.
D. TERMS AND CONDITIONS
Ownership of Product. TVCTV and the City agree that all rights and copyrights for works
produced pursuant to this Agreement belong exclusively to the City.
Subcontracts and Assignment. TVCTV shall not enter into any subcontracts for any of the
work required by this Agreement, or assign or transfer any of its interest in this Agreement,
without the prior written consent of City. The provisions of this Agreement shall be binding upon
and shall inure to,the benefit of the parties hereto, and their respective successors and assigns, if
any.
Third Party Beneficiaries. City and TVCTV are the only parties to this Agreement and are the
only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or
shall be construed to give or provide any benefit or right,whether directly, indirectly, or
otherwise,to third persons unless such third persons are,individually identified by name herein and
expressly described as.intended beneficiaries of the terms of this Agreement.
Indemnification. TVCTV shall hold harmless, indemnify,and defend the City, its
Commissioners, employees,and agents for any and all claims,damages, losses, and expenses,
including but not limited to reasonable attorney(s)fees arising out of or resulting from TVCTV's
performance of or failure to perform the obligations of this Agreement.
Civic Studio Agreement-Tigard Page 5
Nondiscrimination. No person shall be denied or subjected toJiscrimination in receipt of the
benefits of any services or activities made possible by or resulting from this Agreement on the
grounds of race; color, religion,gender, sexual'orientation, national origin,,disability, age, or
marital status. Any violation of this provision shall be considered a material,defect and shall be
grounds for cancellation,termination, or suspension in whole or in part by the City.
City Policies. During the performance,of this Agreement,TVCTV shall follow City's
Affirmative Action Program which is to promote the objectives of the Equal Opportunity
Commission's guidelines as set-forth in the Equal Opportunity Act of 1972,Oregon State Laws,
legal mandates,and Presidential Executive Order 11246 entitled Equal Employment Opportunity
as amended by Executive Order 11375 and as supplemented in Department of Labor Regulation
41 CFR part 60.
Independent Contractor. TVCTV shall perform the work required by this Agreement as an
'Independent Contractor." Although City reserves the right to determine the delivery schedule for
the work to be perfnnrned and to evaluate the quality of the completed performance,the City
cannot and will not control the means or manner of the TVCTV's performance. The TVCTV
shall comply promptly with any requests by City relating to the emphasis or relative emphasis to
be placed on various aspects of the work or to such other matters pertaining to the work under
this Agreement. TVCTV is responsible for determining the appropriate means and manner of
performing the work.
AGREEMENT ACKNOWLEDGEMENT & AUTHORIZATION
The parties(TVCTV and the City) acknowledge that they have read this Agreement, understand it,
and agree to be bound by its terms. They further agree that this Agreement shall continue,in force
and effect until such time as either party notifies the other that they want to terminate or amend it.
The parties agree that any decision by either party to terminate this Agreement shall be accompanied
by ninety(90) days written notice to the other party prior to the date termination would take effect.
There shall be no penalty for early termination. This Agreement can be amended by mutual
agreement of the parties and all amendments will be in writing.
The parties further agree that this Agreement is the complete and exclusive statement of the
agreement between the parties, which supersedes all proposals, oral and written, and all other
communications between the parties relating to the b.ect matter of the Agreement.
DATE: y' ? ' , 2006 SIGNED
Bruce Crest, MACC Administrator for MACC/TVCTV
DATE: 2006 SIGNED
Craig Prosser, Tiefd City Manager
Attachments/Exhibits: Exhibit A—Civic Studio Equipment Inventory
TVCTV- Inventory Report for 4/06/2006
Tigard City Hall -Civic Studio
13125 SW Hall Blvd. Tigard, OR
Contact- Chris Meyers - 503-639-4171 x424 or 503-718-2528
Barcode TVCA Make Model Serial Description Cost Comment
103438 3557 Anthro PC16BK n/a 00e 1 AnthroCart $ 482.13 TBL
103439 3556 Anthro TW17BK n/a 00e 3 AnthroRack $ 958.34 TBL
103454 3568 AR The Edge B0014599 Speakers $ 94.57
103405 2154 Atlas Sound MS-25 prod-033 Mic. Stand, Floor, Adj. $ 59.00 TBL
103406 2158 Atlas Sound MS-25 prod -037 Mic. Stand, Floor, Adj. $ 59.00 TBL
103407 2165 Atlas Sound MS-25 prod -043 Mic. Stand, Floor, Adj. $ 59.00 TBL
103453 3735 CNSI Pill- 0105066 Graphics System $10,660.00
102269 3638 Communication Specialties Scan Do Pro/C BMA98032633 VGA Scan Convertor $ 1,537.62 TBL
103458 3561 dbx 1066 141548 Limiter $ 424.34
103435 3551 Echolab MVS-5 M005313 Frame, Composite $ 7,305.90
103436 3552 Echolab MVS-5 kb M005314 Keyboard inc
103416 3532 Fujinon S19x6.5BMD-D4M 10902486 19x Servo Lens 1/2" $ 3,867.08
103408 3597 Fujinon S19x6.5BMD-D4M 10902489 19x Servo Lens 1/2" $ 3,946.00
103412 3536 Fujinon S19x6.5BMD-D4M 10902490 19x Servo Lens 1/2" $ 3,867.08
103420 3528 Fujinon S19x6.5BMD-D4M 10902638 19x Servo Lens 1/2" $ 3,867.08
103452 3739 Inscriber CGXtreme SCGd014601 Graphics System inc.
103437 Ipitek IM-CQ1-TX-104-13-1-S-A A56281 Lazer Transmitter $ 3,375.00 TBL
103428 2368 JVC TM-1400SU 12039347 14" Color Monitor w/Frm $ 774.00
103429 2825 JVC TM-1400SU 17030018 14" Color Monitor $ 647.00
103378 3643 Kramer VP-300 641453 VGA DA $ 97.02 TBL
103425 3711 Mackie 1402VLZ-Pro (21)BT62313 Audio Mixer, 12 input $ 402.78
n/a 3737 Matrox DLX/N A303131 Video Mixing Card inc.
103443 3163 Panasonic AGA 980 F8TC00433 S-VHS Hi-Fi EP VTR $ 1,448.00
103442 3554 Panasonic AJ-D250 19TDA0191 DVCPro Editor, 1/2 width $ 3,898.44
103441 3553 Panasonic AJ-D250 19TDA0195 DVCPro Editor, 1/2 width $ 3,669.12
103413 3537 Panasonic AW-E600 03A00132 Color Camera, 3 1/2"CCD $ 3,164.42
103417 3533 Panasonic AW-E600 03A00147 Color Camera, 3 1/2"CCD $ 3,164.42
103421 3529 Panasonic AW-E600 03A00149 Color Camera, 3 1/2"CCD $ 3,164.42
103409 3541 Panasonic AW-E600 03A00151 Color Camera, 31/2"CCD $ 3,164.42
103444 3548 Panasonic AW-HB505 0lA00480 Multi-Port Hub, CCU Multipi $ 1,949.22
103418 3534 Panasonic AW-PH300 02Z00021 Pan/Tilt Head, Robotic $ 3,041.92
103414 3538 Panasonic AW-PH300 02Z00024 Pan/Tilt Head, Robotic $ 3,041.92
103422 3530 Panasonic AW-PH300 02Z00030 Pan/Tilt Head, Robotic $ 3,041.92
103410 3542 Panasonic AW-PH300 9YZ00032 Pan/Tilt Head, Robotic $ 3,041.92
103445 3544 Panasonic AW-PS300 02Z00035 Power Supply $ 484.12
103446 3545 Panasonic AW-PS300 02Z00037 Power Supply $ 484.12
103447 3546 Panasonic AW-PS300 02Z00044 Power Supply $ 484.12
103448 3547 Panasonic AW-PS300 02Z00045 Power Supply $ 484.12
103427 3569 Panasonic AW-PS301 02001821 Power Supply, RP505 $ 82.32 TBL
103449 3549 Panasonic AW-PS505 01Z00018 Power Supply $ 216.58
103426 3592 Panasonic AW-RP505 0lA00434 Camera Control Unit, Robo $ 1,531.74
103429 3566 Panasonic CT-1387VY B00690414 13" Color Monitor/Receiver $ 300.00
103411 3543 Pelco WM-2000 n/a Wall Mounts $ 66.64
103415 3539 Pelco WM-2000 n/a Wall Mounts $ 66.64
103419 3535 Pelco WM-2000 n/a Wall Mounts $ 66.64
103423 3531 Pelco WM-2000 n/a Wall Mounts $ 66.64
102449 2054 Shure A 15 TG prod -496 Tone Generator $ 61.00
103399 3713 Shure MX412D/C n/a 01f 01 Mic, 12" Gooseneck $ 209.72
103403 3714 Shure MX412D/C n/a 01f 02 Mic, 12" Gooseneck $ 209.72
103404 3715 Shure MX412D/C n/a 01f 03 Mic, 12" Gooseneck $ 209.72
103400 3716 Shure MX412D/C n/a 01f 04 Mic, 12" Gooseneck $ 209.72
103402 3717 Shure MX412D/C n/a 01f 05 Mic, 12" Gooseneck $ 209.72
103401 3718 Shure MX412D/C n/a 01f 06 Mic, 12" Gooseneck $ 209.72
103398 3719 Shure MX412D/C n/a 01f 07 Mic, 12" Gooseneck $ 209.72 TBL
103397 3720 Shure MX412D/C n/a 01f 08 Mic, 12" Gooseneck $ 209.72
103424 3721 Shure SCM-810 00011340757 Auto Audio Mixer, 8 input $ 1,075.06 TBL
101619 2772 Shure SM-57 prod -519 Cardiod Microphone $ 83.00 TBL
101620 2773 Shure SM-57 prod-520 Cardiod Microphone $ 83.00 TBL
101621 2774 Shure SM-57 prod -521 Cardiod Microphone $ 83.00 TBL
103450 3559 Sigma ADA-26A 2000054 ADA $ 226.38 TBL
103440 3555 Sigma SLX-161 AVL 5000001 16x1 AFV Switcher $ 1,525.00
103451 3558 Sigma VDA-26A 4000056 VDA $ 222.46 TBL
103431 3562 Sony PVM-97 1016215 9" B+W Monitor w/tally $ 254.80
103432 3563 Sony PVM-97 1016223 9" B+W Monitor w/tally $ 254.80
103433 3564 Sony PVM-97 1016232 9" B+W Monitor w/tally $ 254.80
103434 3565 Sony PVM-97 1016458 9" B+W Monitor w/tally $ 254.80
103455 3662 Tascam PA-20MKII 160735-991 Amplifier $ 195.02 TBL
103457 3257 Tektronix WVR-500 B024381 WfmNector w/rack mount $ 1,765.00
103456 3560 VAC EQVBNDA 41810 EQ-VDA $ 181.30 TBL
Total $48,321.00