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Res 1122 - Agmt S Jolin CableTV COUNCIL BILL NO. 1394 RESOLUTION NO. 1122 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STEPHEN JOLIN FOR EMPLOYMENT AS A CABLE TELEVISION CONSULTANT. WHEREAS, the City is engaged in the process of evaluating a franchise renewal for Northland Cable Television, Inc.; and WHEREAS, preliminary cable television franchise application has been received by the City from North Willamette Telecom; and WHEREAS, it is necessary for the City to complete the franchise renewal process for Northland Cable Television and to review and evaluate the cable television franchise application submitted by North Willamette Telecom; and WHEREAS, the Stephen Jolin (dba MuniCom) has expertise in assisting Oregon cities and counties in evaluating cable television renewals and applications; and WHEREAS, the parties wish to enter into an agreement so that the City can complete the renewal process for Northland Cable Television and adequately evaluate the cable television franchise application of North Willamette Telecom; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor and City Recorder are authorized to sign an agreement with Stephen Jolin (dba MuniCom), a copy of which is attached hereto, and by this reference, incorporated herein. ~ Approved as to form:~~ ~ 6- (-/ -12 City Attorney Date ~ APPROVED:~dW' _~ F ED W. KYSER:M R Passed by the Council June 8, 1992 Submitted to the Mayor June 9, 1992 Approved by the Mayor June 9, 1992 Page 1 - COUNCIL BILL NO. 1394 RESOLUTION NO. 1122 .......-_. ","" '.'...l'--^..'9"'-- .-..,..__...._ '~N' .. _' _ .__._,_.___.~_~_._._.~___...__R__ ,- Filed in the Office of the Recorder ATTEST: fY1~y~ Mary Tenn t, City Recorder City of Woodburn, Oregon June 9, 1992 Page 2 - COUNCIL BILL NO. 1394 RESOLUTION NO. 1122 ~. .- ~'.~~'f' ".....'T~."' .,--,-,-,- . .- AGREEMENT THIS AGREEMENT made and entered into this 9th day of June , 1992 between the City of Woodburn. an Oregon municipal corporation, (hereinafter CITY) and Stephen Jolin (dba MuniCom), 4820 SW Barbur Blvd, #34, Portland, Oregon 97201 (hereinafter CONTRACTOR). WITNESSETH: WHEREAS, CITY is engaged in the process of evaluating a franchise renewal for Northland Cable Television, Inc.; and WHEREAS, preliminary cable television franchise application has been received by CITY from North Willamette Telecom; and WHEREAS, it is necessary for CITY to complete the franchise renewal process for Northland Cable Television and to review and evaluate the cable television franchise application submitted by North Willamette Telecom; and WHEREAS, CONTRACTOR has expertise in assisting Oregon cities and counties in evaluating cable television renewals and applications; and WHEREAS, the parties wish to enter into an agreement so that CITY can complete the renewal process for Northland Cable Television and adequately evaluate the cable television franchise application of North Willamette Telecom. NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, the parties agree as follows: I. INTENT OF AGREEMENT It is the intent of this AGREEMENT for CONTRACTOR to provide technical assistance and services to CITY in order to complete the franchise renewal process for Northland Cable Television and to adequately evaluate the cable television franchise of North Willamette Telecom. II. NATURE OF WORK CONTRACTOR shall perform consulting and advising services for CITY as described in Attachment I, which is appended hereto, and by this reference, incorporated herein. CONTRACTOR shall, within reasonable limits, allocate the amount of time spent to accomplish the specific tasks outlined in Attachment I in accordance with the number of hours specified therein. 1 ., III. STATUS OF CONTRACTOR The parties agree that CONTRACTOR is a professional person and that the relationship created by this contract is that of employer-independent contractor. CONTRACTOR is not an employee of CITY and is not entitled to the benefits provided by CITY to its employees, including but not limited to workers compensation insurance, unemployment insurance, health insurance, and retirement. CONTRACTOR may practice his profession for others during those periods when he is not performing work under this agreement for CITY. IV. CONSIDERATION In consideration of CONTRACTOR'S satisfactory performance in carrying out the functions and activities described in Attachment I, CITY shall pay CONTRACTOR at the rate of $75 per hour. CONTRACTOR'S total compensation shall, in no event, exceed the amount of thirteen thousand two hundred dollars, ($13,200). V. CONFIDENTIALITY CONTRACTOR agrees not to divulge any confidential information; without the consent of CITY, to any person, firm, corporation or other entity. VI. COMPLIANCE WITH LAWS CONTRACTOR agrees to comply with all applicable laws, ordinances, and codes of state and local governments. VII. TERMINATION Either party may terminate this agreement anytime upon 30 days written notice to the other party. If the at the time of termination, CITY owes any fees to CONTRACTOR, such fees are due and payable within 30 days of termination. VIII. ASSIGNMENT The rights and duties of the parties hereunder are personal and shall not be assignable by either party without the express written consent of the other party. 2 ,.., IX. GOVERNING LAW It is agreed that this agreement shall be governed by the laws of the state of Oregon. X. SEVERABILITY If any provision or part of this agreement is for any reason determined by a court of competent jurisdiction to be invalid or unenforceable, then such part shall be severed from the agreement and the remainder thereof shall remain fully enforceable. XI. ATTORNEY FEES In the event a suit or action is instituted to enforce any right guaranteed pursuant to this agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorneys fee to be fixed by the trial and appellate courts respectively. XII. ENTIRE AGREEMENT This agreement constitutes the entire understanding of the parties with respect to the subject matter herein and supersedes all negotiations, prior discussions and preliminary agreements made prior to this date. All modifications to this agreement shall be in writing and shall be signed by the parties. CITY OF WOODBURN By:J/lI'd uJ ~ Fred W. Kyser, or STEPHEN JOLIN BY: DATE: June 9, 1992 DATE: ATTEST: /1. ~... Ma~nnant, City Recorder City of Woodburn 3 ..--.~.._-_....__._.~-_.._--~---' ,.'..., Attachment 1 PROPOSED SCOPE OF WORK - CABLE TV CONSULTANT TASK HOURS COSTS Immediate 1. Preliminaries 8 hrs. 600 (Background study, document review) 2. Design NWT review process 10 hrs. 750 $1,350 Northland 1. Limited review of system financial performance & past franchise payments 10 hrs. 750 2. Limited review of access facility & equipment needs 10 hrs. 750 3. Review renewal/assist in negotiations and completion of process 30 hrs. 2,250 4. Assist in reconciling franchise and ordinance 8 hrs. 600 5. Direct expense (Postage, L.D. phone, fax, mileage, printing) 300 $4,650 North Willamette Telecom 1. Review proposal and prepare report 40 hrs. 3,000 2. Compare proposal with governing documents 12 hrs. 900 for level playing field 3. Analysis of financial viability in overbuild situation 20 hrs. 1,500 4. Assist in negotiations of NWT franchise 20 hrs. 1,500 if approved 5. Direct expense 300 (Postage, L.D. phone, fax, mileage, printing) $7,200 Some flexibility of hours within categories, as well as between categories within the total, should be expected.