HomeMy WebLinkAbout051-R-19 Authorizing the City Manager to Execute an Intergovernmental Agreement with the Evanston/Skokie School District No. 65 to Cost Share for a Broadcast Operations Specialist to Broadcast Meetings for Both Public Bodies5/8/2019
5/16/2019
51-R-19
A RESOLUTION
Authorizing the City Manager to Execute an Intergovernmental
Agreement with the Evanston/Skokie School District No. 65 to Cost
Share for a Broadcast Operations Specialist to Broadcast Meetings for
Both Public Bodies
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Manager is hereby authorized and directed to sign
the Intergovernmental Agreement (the "Agreement') with the Evanston/Skokie School
District No. 65 for the utilization of a Broadcast Operations Specialist to be hired by the
City of Evanston. The Broadcast Operations Specialist will be responsible for
management of the City of Evanston and District 65's Channels 16 and 19.
Responsibilities include inspection, maintenance, repair, and operation of broadcast
production and broadcast system for both channels. The Agreement is attached hereto
as Exhibit A and incorporated herein by reference.
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional conditions of said Agreement that he deems to be in the best
interests of the City.
SECTION 3: This resolution shall be in full force and effect from and after
its passage and approval, in the manner provided by law.
Attest:
�om�z
Adopted:.2019
Approved as to form:
Michelle L. Masoncup, Corpo ation Counsel
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT is entered into as of the latest date
following the signatures hereon, by and between the BOARD OF EDUCATION OF
EVANSTON/SKOKIE SCHOOL DISTRICT NO. 65, Cook County, Illinois (hereinafter
"District 65"), and the CITY OF EVANSTON, an Illinois municipal corporation and home rule
unit as described in the Illinois Constitution (hereinafter "City"), collectively referred to as the
"Parties".
WITNESSETH
WHEREAS, pursuant to Section 10 of Article VII of the Illinois Constitution of 1970,
and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. public agencies may
contract or otherwise associate among themselves, or transfer any power or function, in any
manner not prohibited by law or ordinance; and
WHEREAS, the Parties are "public agencies" within the meaning of the Illinois
Intergovernmental Cooperation Act; and
WHEREAS, the City and District 65 desire to enter into this Agreement to continue to
share resources to better the community; and
WHEREAS, the City will be hiring an individual to serve as the City's Broadcast
Operations Specialist, with many roles and responsibilities including taking video and providing
live coverage of public meetings of the City ("Broadcast Operations Specialist"); and
WHEREAS, District 65 seeks to utilize the Broadcast Operations Specialist for the
taping and providing live coverage of District 65 public meetings and the parties wish to
associate, cooperate, and enter into an intergovernmental agreement for utilization of the
Broadcast Operations Specialist at District 65 Board meetings and Finance meetings; and
WHEREAS, this Agreement shall be executed in addition and shall have no effect
upon any other mutual aid agreements or other agreements between the Parties; and
NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual
covenants and undertakings hereinafter set forth, the receipt and sufficiency of which are hereby
acknowledged, it is agreed between the Parties hereto, as follows:
A. The foregoing recitals are incorporated herein as if fully set forth hereby.
B. The City Manager, or his designee, shall administer this Agreement on behalf of the City
and the Superintendent, or his designee, shall administer this Agreement on behalf of
District 65.
C. The Parties acknowledge that each party shall bear their own cost and expenses incurred
to comply with terms of this [GA.
D. Fee. District 65 shall remit Thirty -Five Thousand and no/100 Dollars ($35,000) annually
to the City of Evanston in consideration of the Broadcast Operations Specialist services
that shall be provided to District 65 by a City employee under the terms of this IGA. The
first annual payment shall be due on or before July I, 2019 and on or before June I" for
the remainder of the Term and any renewal terms.
E. Term.
1. The term for the IGA shall commence on June 1, 2019 and end on June 30, 2022
(3 years) (the "IGA Term"). The IGA Term may be renewed for one year by
written consent of the parties up to three times.
2. Service Terms.
a. The Broadcast Operations Specialist shall provide on -site technical
support for equipment repairs from Monday — Friday. The Broadcast
Operations Specialist shall also provide on -site technical support during
the live broadcast, when operational issues are detected.
b. Broadcast Operations:
District 65 shall be responsible for contracting a videographer
(the "Live Production Operator") to record all meetings.
District 65 shall pay any and all costs related to contracting for
the Live Production Operator. The Broadcast Operations
Specialist can assist District 65 as necessary to identify
qualified individuals to perform videography work.
ii. Meeting Coverage: The Live Production Operator shall record
the District 65 Board meetings and Finance meetings under this
IGA.
iii. The Broadcast Operations Specialist or his/her designee is
responsible for preparing, testing the equipment listed in
paragraph E(2)(B)(v), and the Live Production Operator is
responsible for operating and recording using Tricaster Live
Switcher for live District 65 Board meetings and Finance
meetings.
iv. The Broadcast Operations Specialist is responsible for
scheduling and supervising live production operators, create
graphics (lower thirds and slates) for live broadcast, edit
recorded meetings, convert video files into broadcast and
streaming formats, create weekly playback schedule of the
latest meetings, maintain District 65 You Tube Channel.
V. Broadcast Engineering: The Broadcast Operations Specialist
shall maintain live production and head -end equipment (all
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broadcast equipment), including hardware repairs, part
replacements, and upgrades.
vi. The Broadcast Equipment covered includes: Tricaster live
switcher, audio mixer (broadcast), broadcast audio and video
cables, tabletop microphones, fiber optic broadcast encoder and
decoder connections and feed, video recorder, media storage
unit, broadcast distribution system (UltraNexus Channel #2),
Channel 19 Video Server, and Streaming Computer. District
65 staff shall consult with the Broadcast Operations Specialist
prior to making all repairs, upgrades or any modification to the
equipment listed in this paragraph. District 65 shall secure
Broadcast Equipment when it is not in use.
vii. The Broadcast Operations Specialist shall only inspect and
make recommendations on upgrades and repairs of equipment
under warranty or vendor tech support in case such
modifications can potentially void equipment warranty.
District 65 must notify the Broadcast Operations Specialist of
all equipment that is under warranty or technical support plan.
c. Turnaround Times for Video to District 65:
i. Emergency Technical Support Response: same day.
ii. Non -Emergency Technical Support: 3-5 business days
iii. First Run of Recorded Meetings on Channel 19: If the meeting
is recorded via Tricaster, the video shall be complete in 3
business days and if recorded by manned camera, the video
shall be completed in 5 business days.
iv. First Run of Recorded Meetings on District 65 YouTube
Channel: within 3 business days.
d. If District 65's schedule changes, District 65 shall provide notice at least
two (2) business days prior to the date the District requires the services
of the Broadcast Operations Specialist. The City cannot guarantee that
the Broadcast Operations Specialist is available if District 65 does not
provide the required notice.
e. Recorded meetings and broadcast equipment issues that occur while the
Broadcast Operations Specialist is on vacation shall be handled upon his
return.
f. Television signal is provided through Comcast and AT&T. The City
cannot guarantee that the television signal shall not be interrupted or out
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of service. If a disruption in service occurs, the City shall contact
Comcast and AT&T to address the disruption.
g. Special set-ups: If District 65 needs a special set-up for a meeting
(layout changes/equipment additions and modifications), the Broadcast
Operations Specialist must receive 2 business days' notice in order to
meet the request.
h. Content on Channel 19: District 65 is responsible for all content aired on
Channel 19. The Broadcast Operations Specialist shall include third -
party content on Channel 19 upon District 65's request and
authorization.
F. The Broadcast Operations Specialist is responsible for management of the City and
District 65's Channels 16 and 19. Responsibilities include inspection, maintenance,
repair, and operation of broadcast production and broadcast system for both channels.
The Broadcast Operations Specialist bears responsibility for broadcasting a variety of
public meetings throughout the City of Evanston and School District 65. The broadcast
of the meetings provide a portal into local government that residents and other
stakeholders expect and rely on to gain information on local events, processes, and public
issues.
G. The Parties agree to cooperate fully, to execute any and all supplementary documents,
and to take all additional actions which are consistent with and which may be necessary
or appropriate to give full force and effect to the basic terms and intent of this
Agreement.
H. In the event of any substantive breach of the terms and conditions of this Agreement, the
aggrieved party shall notify the party alleged to be in breach of the nature of the breach.
The party alleged to be in breach shall have ten (10) days to cure the breach; if the nature
of the breach is such that a cure cannot reasonably be effected within ten (10) days, the
party alleged to be in breach shall not be held in default so long as it commences a cure in
the ten (10) day period and diligently pursues completion thereof. Upon default of this
Agreement, the non -defaulting party shall have all legal and equitable remedies arising
from the breach.
1. Indemnification:
(a) To extent authorized by the laws of the State of IIlinois, the City shall indemnify and
hold District 65 harmless against any and all claims, demands, damages, liabilities
and costs incurred by District 65 which resulted from any negligent act or omission of
the City, its agents, or employees, pertaining to its activities and obligations under
this Agreement.
(b) To extent authorized by the laws of the State of IIlinois, the District 65 shall
indemnify and hold City harmless against any and all claims, demands, damages,
liabilities and costs incurred by City which resulted from any negligent act or
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omission of District 65, its agents, or employees, pertaining to its activities and
obligations under this Agreement.
J. Insurance: District 65 and the City shall each maintain general liability insurance and
shall name the other party, its Board members, and employees as additional insured on a
primary non-contributory basis and shall make copies of the certificates of insurance
available to the other party. In addition, the City shall provide Workers' Compensation
Insurance covering all costs, statutory benefits, and liabilities under State Workers'
Compensation and similar laws for the City's employees. The Workers' Compensation
Insurance must provide an alternative employer endorsement.
K. Relationship of the Parties: District 65 and the City are independent legal entities.
Nothing in this Agreement shall be construed to create the relationship of employer and
employee, or principal and agent, or any relationship other than that of independent
parties contracting with each other solely for the purpose of carrying out the terms of this
Agreement. Neither District 65 nor the City nor any of their respective agents or
employees have the authority to bind the other party to any third person or to otherwise
act in any way as the representative of the other. The City shall be responsible for making
direct payment of all compensation to its personnel, including the Broadcast Operations
Specialist.
L. The City shall be responsible for all employment benefits of its personnel, including
without limitation workers' compensation. The City's employees, including the
Broadcast Operations Specialist, are not eligible for and shall not receive any
employment benefits from District 65. Any employee claim related to this Agreement
shall be as an employee of the City, and District 65 shall have no obligation whatsoever
to provide workers' compensation or any other remedy or recourse to any City employee.
The City shall not employ the Live Production Operator.
M. Taxes: The City acknowledges and agrees that the City and its employees shall be solely
responsible for paying the appropriate amount of all federal, state, and local income
taxes, self-employment taxes or other taxes with respect to all compensation paid to the
City hereunder, and that District 65 shall have no responsibility whatsoever for
withholding or paying any such taxes for or on behalf of the City or its employees. The
City further agrees to indemnify and hold District 65 harmless from and against any
damages, losses, expenses, or penalties arising from or in connection with any claim
brought by any federal, state, or local taxing authority with regard to the City's or its
employee's failure to pay required taxes or failure to file required forms with regard to
compensation paid by District 65 under this Agreement.
N. All notices required to be given hereunder shall be in writing and shall be properly served
on the date delivered by courier or on the date deposited, postage prepaid, with the U.S.
Postal Service for delivery via certified mail, return receipt requested, addressed:
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If to City:
Wally Bobkiewicz
Michelle Masoncup
City Manager
Corporation Counsel
City of Evanston
City of Evanston
2100 Ridge Avenue
2100 Ridge Avenue
Evanston, IL 60201
Evanston, IL 60201
If to District 65:
Superintendent
1500 McDaniel Avenue
Evanston, IL 60201
O. This Agreement shall be binding to the Parties and their respective successors, including
successors in office.
P. This Agreement is governed by and shall be construed in accordance with the laws of the
State of Illinois. Jurisdiction and venue for all disputes hereunder shall be the Circuit
Court located in Cook County, Illinois, or the federal district court for the Northern
District of Illinois.
Q. No amendment, waiver, or modification of any term or condition of this Agreement shall
be binding or effective for any purpose unless expressed in writing and adopted by each
of the Parties as required by law.
R. This Agreement expresses the complete and final understanding of the Parties with
respect to the subject matter as of the date of its execution. The Parties acknowledge that
no representations have been made which have not been set forth herein.
S. In the event that any provision of this Agreement shall be held invalid or unenforceable
by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
T. This Agreement may not be assigned by either Party without the prior written consent of
the other Party, which consent shall be granted or denied at the Party's sole discretion.
U. This Agreement is for the benefit of the Parties and no other person is intended to or shall
have any rights, interest or claims under this Agreement or be entitled to any benefits
under or on account of this Agreement as a third party beneficiary or otherwise.
V. The undersigned represent that they have the authority of their respective governing
authorities to execute this Agreement.
[Remainder of page intentionally left blank; signature page to follow.]
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WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by the
Superintendent of the Evanston/Skokie School District No. 65 and the City Manager of the City
of Evanston. Their signatures are attested to by the respective clerks of these municipalities, and
their respective corporate seals have been hereunto affixed on the day and year written below.
BOARD OF EDUCATION OF
EVANSTONISKOKIE SCHOOL
DISTRICT NO.65:
Attest:
Superintendent [Seal]
Date:
CITY OF EVANSTON:
By: Attest:
City Manager City Clerk
Date:
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