Fort Walton Beach Resolution — 80-32-Contract w/Biro Engineering-TV Cable — reading text

RESOLUTION NO. 80-32 A RESOLUTION AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY OF FORT WALTON BEACH, FLORIDA, TO EXECUTE A CONTRACT WITH BIRO ENGINEERING FOR CONSULTANT TV CABLE SERVICES, PROVIDING THAT CONTRACT COSTS NOT TO EXCEED $3,000 BE SHARED EQUALLY BETWEEN THE CITY AND WARNER CABLE CORPORATION OF FORT WALTON BEACH, PROVIDING THE CONSULTANT ADVISE THE CITY CONCERNING WARNER CABLE CORPORATION OF FORT WALTON BEACH'S REQUEST FOR A RATE IN- CREASE, PROVIDING THE EFFECTIVE DATE HEREOF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA SECTION I. That the City Manager on behalf of the City of Fort Walton Beach, Florida, is hereby authorized to execute a contract with Biro Engineering not to exceed $3,000 for the following services: exceed $3,000 shall be A. To ascertain, by on-site tests and measurements, that the CATV system is technically sound, and it is operating within the technical standards and guidelines of the Federal Communications Commission. B. To review the service call records of the CATV Company and some of the customer complaints sub- mitted to your offices, to determine whether the CATV Company responded effectively and within a reasonable time. C. To review the financial statements of the CATV Company, on which their rate increase was based, primarily from the technical point of view, but also in any other respect deemed necessary by the City Manager or the City Council. SECTION II. That the costs of this contract not to shared equally by the City of Fort Walton Beach and Warner Cable Corporation of Fort Walton Beach as evidenced by the letter from Warn resolution. SECTION TIT. nature, shall take full and approval by the May ATTEST: Mh Sen er Cable attached to and made a part of this That this resolution being of an administrative force and effect immediately upon its passage ADOPTED Sub 22. /97F&O or. MAYOR City Clerk?’ WARNER CABLE CORP Northwest Florida Systems Assistant General Manager Marna L. Miles 784 North Beal Parkway Fort Walton Beach, Florida 32548 904 242-4142 July 22, 1980 Winston Walker City Manager Post Office Box 4009 Fort Walton Beach, Florida 32549 Dear Winston: Warner is in agreement with your letter of July 14, 1980, and the proposal submitted by Biro Engineering, and wish to proceed as quickly as possible with the evaluation. Sincerely, tina’ Marfa L. Miles Assistant General Manager £2 cc: J. Johnson A subsidiary of Warner Cable Corp. A Warner Communications Company C | oe) AGREEMENT STATE OF FLORIDA COUNTY OF OKALOOSA THIS AGREEMENT made and entered into this 28th day of July , 1980, by and between the CITY OF FORT WALTON BEACH, FLORIDA, WARNER CABLE OF FORT WALTON BEACH, and BIRO ENGINEERING OF PRINCETON, NEW JERSEY, WITNESSETH: WHEREAS, the CITY OF FORT WALTON BEACH, FLORIDA and WARNER CABLE OF FORT WALTON BEACH have mutually agreed to engage the services of BIRO ENGINEERING to evaluate the operational status and technical performance of WARNER CABLE's CATV system in Fort Walton Beach, Florida in-order to make a proper determination of a rate increase request by WARNER CABLE of Fort Walton Beach, and WHEREAS, the CITY OF FORT WALTON BEACH and WARNER CABLE OF FORT WALTON BEACH have agreed to each pay One Thousand Five Hundred ($1,500.00) Dollars for cost of the services of BIRO ENGINEERING, not to exceed Three Thousand ($3,000.00) Dollars, NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, the parties do mutually agree as follows: ARTICLE I. SERVICES TO BE RENDERED BY THE ENGINEER: (A) To ascertain, by on-site tests and measurements, that the CATV system is technically. sound, and it is operating within the technical standards and guidelines of the Federal Communications Commission. (B) To review the service call records of the CATV Company and some of the customer complaints submitted to your offices, to determine whether the CATV Company responded effectively and within a reasonable time. (Cc) To review the financial statements of the CATV Company, on which their rate increase request was based, primarily from the technical point of view, but also in any other respect deemed necessary by your office or by the City Council. vs (D) All on-site tests and measurements shall be conducted by Biro Engineering's technical personnel using Biro Engineering's test instrumentation. (E) Supporting (local) technical assistance, such as service vehicles, auxiliary equipment and labor, will be provided by Warner Cable of Fort Walton Beach. | ARTICLE II. BASIS OF PAYMENT: Compensation for the services described will be paid as follows: CITY G@ FORT WALTON BEACH, FLORIDA $1,500.00 WARNER CABLE OF FORT WALTON BEACH $1,500.00 TOTAL $3,000.00 ARTICLE III. The said parties for themselves, their heirs, successors, executors, and assigns do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. In the event either party shall default under the terms of this agreement, the defaulting party shall pay all costs incurred by the non-defaulting party, including reasonable attorney fees. IN WITNESS WHEREOF this instrument is executed in duplicate, | one copy being held by each party, on this the 28th day of July , 1980. CITY OF, FORT WALTON BEACH, FLORIDA BY: nob fo Mabe G/ Walker ATTES2?? Winston /\ City Manager VA San | City Clerk WARNER CABLE OF FORT WALTON BEACH BY: Its General Manager Witness Steven.I. Biro, Individually Witness D/B/A BIRO ENGINEERING FP ao ; . AGREEMENT abeotttin, a Prone, STATE OF FLORIDA \ oy COUNTY OF OKALOOSA THIS AGREEMENT made and entered into this 28th day of July , 1980, by and between the CITY OF FORT WALTON BEACH, FLORIDA, WARNER CABLE OF FORT. WALTON BEACH, and BIRO ENGINEERING OF PRINCETON, NEW JERSEY, Ne WITNESSETH: WHEREAS, the CITY OF FORT WALTON BEACH, FLORIDA and WARNER CABLE OF FORT WALTON BEACH have mutually agreed to engage the . services of BIRO ENGINEERING to evaluate the operational status and technical performance of WARNER CABLE’s CATV system in Fort Walton Beach, Florida in- order to make a prope: determination of a rate increase request by WARNER CABLE of Fort Walton Beach, and WHEREAS, the crTy OF FORT. WALTON BEACH and WARNER CABLE OF FORT WALTON BEACH have agreed to each pay One Thousand Five Hundred ($1,500.00) Dollars for cost of the services of BIRO ENGINEERING, not to exceed Three Thousand ($3,000.00) Dollars, NOW, THEREFORE, in consideration.of the premises, the mutual covenants herein contained, the parties do mutually agree . = as follows: , | “ ARTICLE I. SERVICES TO BE RENDERED BY THE ENGINEER: (a) To ascertain, by on-site tests and measurements, that the CATV system is technically. sound, and it is operating within the technical standards and guidelines of the Federal Communications Commission. | (B) To review the service call records of the CATV Company and some of the customer complaints submitted to your offices, to determine whether the CATV Company responded effectively and within a reasonable time. | (C) To review the financial, statements of the CATV Company, on which their rate increase request was based, primarily from the technical point of view, but also in any other respect deemed necessary by your office or by the City Council. S : a) wn, se esittiens’ te, meee? ‘agg (D) All on-site tests and measurements shall be conducted -by Biro Engineer ing! Ss technical personnel using Biro Engineering's test instrumentation. (E) Supporting (local) technical assistance, such as service - vehicles, auxiliary equipment and labor, will be provided by Warner Cable of Fort Walton Beach. ARTICLE II. BASIS OF PAYMENT: oo aa Compensation for the services described will be paid as follows: CITY @ FORT WALTON BEACH, FLORIDA $1,500.00. WARNER CABLE OF FORT WALTON BEACH $1,500.00 TOTAL $3,000.00 ARTICLE III. . ' The said parties for themselves, their heirs, successors, executors, and assigns do hereby agree to the full performance of the covenants herein contained. . ' ARTICLE IV. In the event either party shall default under the terms of ' this agreement, the defaulting party shall pay all costs incurred | | one copy being held by each party, on this the 28th day of by the non-defaulting party, including reasonable attorney fees. IN WITNESS WHEREOF this instrument is executed in duplicate, July , 1980. CITY Wed WALTON BEACH, FLORIDA fe BY: Vk fhe: ATTES Winston G/ Walker we J\. bi . City Manager Oaty Clerk . WARNER, CABLE VO JALTON BEACH YOhile BY: = (it-_t- Pipa a ; : neral onsger ( : i : . St@ven I. ByYrol/ Individually D/ /®& BIRO ENGINEERING ° Witness