text:
Mackie Announces Much Anticipated SRMv2 Active Loudspeakers
Ten years after launching the SRM450 and creating the Active loudspeaker market, Mackie today announced the next generation of its industry-standard SRM Series Active loudspeakers. The SRM450v2 and SRM350v2 provide the ultimate in power, clarity and punch and re-set the bar for performance in the active loudspeaker category.
In addition to the renowned active electronics and rugged polypropylene cabinet featured in the originals, the new models feature high-tech Class-D, fast-recovery amplification, and ultra-efficient switching power supplies along with a lightweight neodymium woofer and an all-new titanium dome compression driver. The SRM450v2 is 11 pounds lighter than its predecessor and now cast in a distinctive midnight blue enclosure.
"The change in sound from the originals is noticeable across the entire frequency range- the low end is punchier, the highs are more brilliant and the clarity of the mids are greatly improved thanks to the tuning expertise from EAW's engineers," said John Boudreau, Mackie Brand Group VP. "The original SRM's have been the industry standard for sound quality for a decade; we needed to step it up and create a new standard- that's what we've done with the SRMv2," finished Boudreau.
The SRM450v2 features a built-in 300W class-D, Fast Recovery LF amp / 100W HF amp and weighs 40 lbs. The SRM350v2 features a built-in 165W class-D, Fast Recovery LF amp / 30W HF amp and weighs 26 lbs. The SRMv2s will be available domestically in February 2008 and internationally in March 2008. The SRM350v2 will have a U.S. MSRP of $699.99 and a U.S. MAP of $549.99. The SRM450v2 will have a U.S. MSRP of $899.99 and a U.S. MAP of $699.99. Hear their debut at Winter NAMM 2008 in booth 5776.
PreSonus Announces New ULT-Series Active Loudspeakers
Mackie Announces Ultra-Compact 2000W DLM Loudspeakers
Mackie SRM150 Compact Active PA System
Loudspeaker Products
New Mackie S400 Series Precision Passive Loudspeakers Bring the Advantages of Large-Format Touring Systems in a Compact, Affordable Loudspeaker
Mackie SRM150 Compact Active PA System(3)
PreSonus is Shipping its New ULT-Series Active Loudspeakers


The Fisher Gold Bug 2 was released in 1995 and is still in production over 20 years later. I had the first Gold Bug 2 in Alaska and to this day it is one of my all time favorite detectors - a true classic. Amazingly, nobody has come out with a better detector for hitting tiny gold after all these years. Quite a few models have tried to challenge the Gold Bug 2 on the tiniest gold, and while many can be said to give the "Bug" a run for its money it is debatable if any have really exceeded it. There is a specialized tool called the Falcon Gold Probe that will actually hit smaller gold than a Gold Bug 2, but it would be more properly termed a pinpointer than a normal metal detector.
What makes the Gold Bug 2 special is the 71 kHz operating frequency. It was the highest operating frequency in a commonly available ground balancing metal detector for a long time. When paired with the 6" elliptical concentric search coil, the Gold Bug 2 easily detects small pieces of gold weighing less than 1/10th grain. There are 480 grains in an ounce so we are talking less than a 4800th of an ounce! I have a set of digital powder sales that weighs to 1/10th grain, and I regularly found single flakes of gold that will not register on the scale with the Gold Bug 2.
Don't think such small gold is found at any depth. I get these tiny bits by literally scrubbing the small epoxy filled coil into the soil. The coil is tough and immune to false signals from being knocked around so the goal is to get that coil right down on the gold. The 6" epoxy filled concentric coil perfectly tuned to the Gold Bug 2 is no doubt part of the magic since other detectors in this class normally run DD coils. The Gold Bug 2 is a perfect detector for "scrape and detect" operations where the surface is carefully scraped away to expose more soil for detecting. It is also ideal for checking quartz for tiny gold, like when hunting around old mine dumps. The Gold Bug 2 will hit specimens with wire or sponge gold that other detectors cannot detect.
There are only three coils for the Gold Bug 2, a 6.5" elliptical, 10" elliptical, and 14" elliptical. All three are concentric coils - there has never been a DD coil produced for the Gold Bug 2. I am a little surprised there have never been any aftermarket coils produced for the Gold Bug 2 due to its enduring popularity. I have always wanted a probe for it that would basically turn it into a Falcon Gold Probe type unit, but with more adjustment and iron discrimination. The coils are all waterproof and come with extra long seven foot cables for use when the control box is chest or hip mounted. The coils are among the best I have ever used and are immune to false signals from bumps and knocks.
The chart below illustrates a common misperception. People often ask which coil gets the most depth, and it is assumed bigger coils go deeper. That is definitely not true. Coil size has to be matched to probable target size for best depth, and the chart clearly shows how running too large a coil can cause gold nuggets to be missed entirely. The normal 10" coil is a compromise but better depths can be obtained using not only larger coils but smaller coils. Since I normally hunted small gold with my Gold Bug 2 the small coil rarely came off it.
Despite the high operating frequency the Gold Bug 2 can be made to work in the worst ground conditions. I took one to Australia recently and was surprised how well it did in tough ironstone country. It has a very good iron discrimination setting intended for rejecting man made ferrous trash. This also acts as the setting of last resort for highly iron mineralized soils and hot rocks. When in iron discriminate mode common hot rocks will be ignored or at most pop and click, but they will not sound like gold. Some sensitivity is lost in iron disc mode, but the Gold Bug 2 is so sensitive to small gold it will still hit small nuggets in disc mode that other detectors would miss.
The design is very compact and tough, and with what is getting rare these days, a removable control box. The box can be slid off the rod, and slipped on a belt with the integrated belt slots. There is plenty of extra cable, and a chest mount can easily be made with just a belt and a camera strap. This is ideal for working in deep water or heavy rain since the control box is protected and better yet creates a detector so light it can be used for very long hours with no arm strain at all.
I usually have the Gold Bug 2 set at full volume and full sensitivity, with the mineralization switch set to low and audio boost engaged. I run this way until I can't due to hot rocks or ground, and then usually go to iron disc mode. However, if you do stay in all metal mode the proper way to deal with mineralization issues like hot rocks is to reduce the sensitivity, mineralization switch settings, or both. Disengaging the audio boost also moderates the responses generated by tough ground.
Audio boost does just that - it boosts the audio so that faint signals are louder and more distinct. It also boosts spurious ground signals and so in some cases you may want to run the detector in Normal audio. I have found in practice I very rarely take the Gold Bug 2 out of audio boost mode.
I should note here that the Gold Bug 2 employs VCO (voltage controlled oscillator) audio. Responses not only get louder but they increase in pitch ,producing very distinct "zippy" responses on non-ferrous targets. Large targets literally squeal. Some people think this means the Gold Bug 2 employs some sort of audio discrimination because they can tell a coin response from small trash responses due to this. All that is really happening is that strong signals sound different than weak signals, and so a deep coin will sound just like a shallower, smaller target.
The mineralization switch adjusts the threshold auto tune rate, with the low setting being a slow auto tune and high being a very fast auto tune. This is similar to White's Variable Self Adjusting Threshold (V/SAT) control but instead of variable you get three preset selections to choose from. A fast auto tune setting dramatically impacts performance but can be an aid in very uneven ground conditions. Experiment with it to see what I mean but for me in most places it stays set in low. You can find more information on auto tune at Steve's Guide to Threshold Autotune, SAT & V/SAT. Fisher has gone this one better by also adjusting the gain (sensitivity) via these settings at the same time as the auto tune rate is adjusted. The Low Mineral setting not only slows down the auto tune rate but it boosts the gain above and beyond where the sensitivity control is set. The high mineral setting speeds up the auto tune rate and attenuates the gain.
There is an undocumented trick that may or may not work on any particular Gold Bug 2 in iron disc mode. The threshold control usually has no effect when the unit is in iron disc mode. However, some units display a distinct difference in iron disc performance between the threshold being set low or being set high. This ability to "supercharge" a silent search disc mode by turning the threshold up is not unheard of in other detectors and it appears some Gold Bug 2 models have this ability. Several of us used this ability to good effect at Ganes Creek. The detector pops and clicks a lot when supercharged in this fashion but adds considerable depth on large gold nuggets. After awhile the popping and clicking is mentally tuned out as nuggets have a distinctly clearer beep.
This ability may have been an accident on some units, as more recent Gold Bug 2 models display no change in the disc mode when the threshold control is manipulated. A simple air test between low and high threshold settings while in iron disc mode will reveal if your Gold Bug 2 has this ability to be supercharged.
The iron discrimination on the Gold Bug 2 is unique compared to most detectors in that it is either on or off. There is no direct adjustment of the setting. In theory the Gold Bug 2 in iron discriminate mode rejects signals from ferrous man-made iron and steel targets plus many ferrous based hot rocks. It does this by simply ignoring and producing no signal on items deemed ferrous in nature. The setting is designed to be conservative, and so it does produce a signal on many ferrous items, but the audio response is choppy and more often a "click" than a "beep". Practice with a nugget and various ferrous targets will make the differences clear.
The more mineralized the ground, the more chance there is of gold nuggets being accidently rejected as ferrous. Borderline targets will often be rejected if swept one way and sound good if swept another way. It is therefore not a good idea to hunt directly in iron discriminate mode, as a bad call on the first sweep will cause you to miss the target and not even know it was there. It is better to hunt in all metal, then flip to iron disc to check the target. This can be an undue burden in thick trash though and sometimes it is simply more efficient to hunt directly in disc mode, but the likelihood of missing nuggets goes up dramatically.
As noted above the threshold setting may have an effect on the responses generated in the iron disc mode. The sensitivity setting will also affect the setting, and by enhancing ferrous ground mineralization response it may also lead to more gold nuggets being identified as ferrous. the ground response overwhelms the nugget response leading to a false iron reading. Reducing sensitivity may produce more accurate iron disc readings in bad ground.
If you are switching back and forth from all metal to iron disc mode constantly it can prematurely wear out the switch. I have seen several examples of the switch getting so loose as to be inoperable due to the nut on the backside of the control panel becoming loose or even falling off inside the control box. The control panel can be removed and the nut tightened if this is the case.
I have found many thousands of gold nuggets with the Gold Bug 2. Granted most were small but not all. The largest I have found with the detector is a 4.95 ounce specimen at Ganes Creek, Alaska. I have numerous stories on Steve's Mining Journal that highlight the Gold Bug 2. See Detecting Small Gold at Crow Creek, Detecting Gold at Ganes Creek, Lode Gold at Hatcher Pass, Memorial Day at Ganes Creek, and Detecting Micro Nuggets at Crow Creek.
The Gold Bug 2 is a very specialized detector usually used solely for gold nugget detecting. Recently people have taken note of its extreme sensitivity and have pressed it into service searching for very small jewelry items that others detectors normally miss. Simple post earrings and thin gold chains are difficult if not impossible to detect and the Gold Bug 2 excels at finding these small targets. Thomas Dankowski coined the term "micro-jewelry detecting" to describe this type metal detecting.
The Gold Bug 2 does have limitations. The extreme sensitivity that makes it signal on hot rocks that other detectors would ignore. This can be very problematic in some locations, although somewhat offset by using the iron disc control in places where the hot rocks are iron based. More serious is that in highly mineralized ground the Gold Bug 2 has very poor depth on pennyweight and larger gold nuggets compared to most nugget detectors. The high frequency air tests very well but loses that depth quickly on in ground targets. Depth losses of 20-25% are not unusual with the Gold Bug 2 in highly mineralized ground when compared to detectors running in the 12-20 kHz range. The Gold Bug 2 is often best used when paired with another detector for depth on large gold while it serves as the small gold sniper.
The Gold Bug 2 also gives a strong response on wet salt sand and so when used for micro-jewelry detecting on salt water beaches wet sand must be avoided. Despite these caveats, I consider the Gold Bug 2 to be a unique and essential detecting tool that even after 20 years is worth consideration by gold prospectors wanting the hottest metal detector possible on tiny gold.
Forum Threads Tagged "fisher gold bug 2"
Notes Extreme high frequency detector for sensitivity to the smallest gold.


Quartz is a countertop material often compared to granite. Though it is sometimes called Engineered Stone, it is actually still a natural mineral material, and using quartz for counters has many advantages. At QBC Granite in Mobile, Alabama we have many styles available for you to choose from.
Quartz countertops really are a crystal that captures and reflects light. As a result, a kitchen or office that uses quartz countertops can expect a more open atmosphere. Quartz countertops actually come in hundreds of colors and can be designed to match your kitchen, bath or office space.
With its natural beauty, quartz counters can appear quite delicate. But quartz is actually twice as strong as granite. Unlike granite, quartz is not heat resistant, and can show symptoms of damage from contact with very hot surfaces.
Quartz has the added advantage of being stain resistant without extra treatment, meaning that you don't need to seal it or recondition it. Quartz can still be stained by harsh chemicals (so you should only clean quartz countertops using soap and water), but it will resist the most common causes of kitchen stains.
As a mineral, quartz is naturally nonabsorbent, and countertops made of quartz provide no place for bacteria to live or grow. In fact, quartz countertops are NSF certified, meaning that they are safe to use as a food preparation surface. To learn more about Quartz Countertops in Mobile, Alabama please contact us today!


It looks like Ghanaian actress Juliet Ibrahim and her Nigerian boyfriend, Iceberg Slim are madly in love and nothing will stop them from expressing their undying love for each other.
The pretty actress who recently admitted to having had seks at the beach took to Instagram to express her love for her King by posting a photo in which they are both wearing a matching T-Shirt with the word "Love" boldly written on the shirts.
Just realized I have never had a #MCM on Instagram ?? so let me drop this one.Tag him if u know him pls… ???????????
#MyKing #Oluwa #Travel2SA #Bae #JUICE South Africa will always hold a special place in my heart.


Every workplace should have a fully stocked first-aid kit on hand. At Premier Safety, we supply a range of first-aid kits to suit a variety of workplaces. From bulk first-aid kits for large workplaces to burn kits, industrial first-aid cabinets, express kits and vehicle kits, we offer the kit you need to suit your work environment. In addition to fully assembled kits, you'll find individual first-aid supplies such as elastic wraps, antiseptics, ointments and more. Whether you're in need of a complete trauma kit or a standard first-aid station, you can prepare your workplace for any emergency situation by shopping here.
Sizes: 10 1/2" x 7 1/4" x 2 1/2"


The geography surface of EARTH can be perceived as an electron printed circuit board.
Thus ... we have copper wire networks that conduct electricity .. those copper electron networks are a super-symmetry physics MIRROR to the printed circuit boards that came into existence around 1960.
Below, an airplane VIEW of Earth cities with buildings .... per ... Einstein's theory of relative sizes and viewing positions.
What city is this ..... Los Anegles and the city within copper wire electricity?.
Let's look at electricity on the West Coast.
We have some background reports that explain the concept.
Above, we 63 --> the year 1963 assassination of President Kennedy per the periodic atomic table orders of element copper atomic mass 63. The atomic mass message used atomic mass communications .... mass communications to send the message VIA newspapers and television.
In 1963 ..... OS/JCL computer science selected the OS bio-computer agent OSWALD for the mission.
He in turn was assassinated by a VTAM RU = Request Unit agent named Ruby --> Ru + by --> Request Unit byte.
Let's look at the year 2013 shooting at the LAX airport on November 1.
What is the situation in the city of electrons in the copper electricity NETWORK on the West Coast of the United States.
Representing system 370 main frame LOAD libraries for OS/JCL --> LO + Os --> LOS Angeles with the I/O port known as the LAX airport ....... the year 2013 verision of year 1963 MR.OS --> OSWALD.
Representing the DOS computer system ELECTRONS existent in the city of electricity is SEATTLE, Washington with Bill "LOGIC" Gates and the atomic -->subset symbols --> mic --> microsoft and their role in the periodic atomic table ...atomic computers and their thoughts and efforts.
in Waukesha, Wisconsin with his battle with the LU = Logical Unit --> Police Captain LU = LUTZ.
Thus we have a "TALE of 2 Cities" existing in the copper electron world of electri city.
Let's repeat the the EARTH geography map for the West Coast.
Thus we ask Nature and its electron continuum ..... which formats and systems are dominate ... in the Darwinian evolution of electron expressions.
Physics has predicted this and other factors VIA various concepts..
The period immediately following the proposal of M-theory has been called the "second ... The SecondSuperstring Revolution: The 11-Dimensional Theory.
super-string of wire metal ...... with cities named electricities.
Now, let's look at another LEVEL of analysis of the LAX shooting.
We covered the foundation level of the cities of copper ...... the DOS city from SEATTLE and the OS city for Los Angeles ..... . with San Franscisco --> equivalent to CISCO network routers.
The geology / geography computer science publication is ..
A complimentary subscription to Computerworld will be sent to those applicants who qualify. The publisher reserves the right to limit the number of subscriptions .
Above, we see the Base 16 geography re gion of AFRICA ....... that is alphabet symbol range A to F.
The event of interest is the Los Angeles airport shooting in November 2013.
Terminal 3 at LAX, CBS News Correspondent John Miller reported.
Above, we see the Computer earth keyword features with the human bio-computer.
Above. technology used for the George Orwell computer manual .... titled 1984.
Cathode-ray tube terminals brought a revolutionary improvement in output ... Example of a 3270 screen with fields on the left showing reference number; name;.
A load library contains programs ready to be executed.
Hence , the execution of the TSA agent in the Base 16 Hexdecimal airport of the secret HEX society known as the HEX'FAA" --> Federal Aviation Administration. .
The system looks in the libraries for a member with a name or alias that is the same as the specified program-name. The most-used system library is SYS1.LINKLIB, which contains executable programs that have been processed by the linkage editor.
Temporary libraries are partitioned data sets created to store a program until it is used in a later step of the same job. A temporary library is created and deleted within a job.
Hence the human bio-computer identifier ... TSA --> Temporary System Agent was deleted (killed in human biology terms).
"I was in Terminal 3 when we heard the shots," he told HuffPost Crime. "At first it didn't register. Then, everybody started panicking and running. We ran toward terminal, but the gate was locked. We were trapped. It felt like an eternity ... We heard the shots coming from the elevator. One person near me said the shooting happened in the common area.
"A person told me he saw the shooter coming up the escalator. He was [allegedly] a white man in a white shirt.
the art or practice of using symbols especially by investing things with a symbolic meaning or by expressing the invisible or intangible by means of visible.
human bio-computer network in the Los Angeles department store shopping region.
This is known as the human version of copper wire software ... CICS = Customer Information Control System.
The CICS application programming interface ... New application programming capabilities for CICSWeb support ...... TSA Temporary Storage Anchor Block (the newer terminology).
In older CICS terminology ... say year 1984 TSA --> Temporary Storage Area.
for modern WORLD CLASS gestalt computer analysts that work with the Theory of Everything ..... and everything include the LlAX message to you ..the reader.
In the Computer EARTH system ........ the geography land is like an electron circuit board ..... with earth electron systems. Thus the VIEW from an airplane is similar to the VIEW of a electron engineer LOOKING at a copper printed circuit board.
EXAMPLE ---> .Arabic building called a Mosque --> MOS queue --> for bio-physics electron humans to queue up and converge at a brain electron meeting place with brain MOS electron religious thoughts.
EXAMPLE ---> Base 16 geography computer address space ---> 1600 Pennsylvania Avenue in Washington, DC.
bio-computer systems and their network, copper-wire computer systems hardware and software, etc..
Now you a few pieces to the LAX airport puzzle ....... work with your computer friends. As a group .... you ought be able to figure the rest of the puzzle ...and build a symbol model ....... an explanation ...... a description of Nature's signal to human society.
Thus we see LEVELS of existence and expression in the LAX airport event ..... with the super-string of the copper wire string and Hayakawa levels of abstraction and perception.
An interesting situation .. that requires more research. That's your job.
Math and science books are available at bookstores or can be ordered.
A college bookstore is a good place to get some textbook TITLES in electronics, computers, biochemistry, linear algebra, physics. etc.
I have my home reference library built up over the last 10 years. I got carried away .... I get excited in a bookstore science section ... and buy more than is needed. Between 15 to 20 books ought cover the basic major concept areas .


text:
Q: How to process video? which I am getting from the team-recording bot My Team-recording bot code is running in azure Kubernetes service. The code is written in the .netframework language. The bot can join the team meeting and it is recording the meeting and saving the files in audio(wav) format to local in a .zip file. I want to process the video files to local in a .zip file. Right now we have AudioProcessor class to get the audio files:`        public BotMediaStream(
ILocalMediaSession mediaSession,
string callId,
IGraphLogger logger,
IEventPublisher eventPublisher,
IAzureSettings settings
)
: base(logger)
{
ArgumentVerifier.ThrowOnNullArgument(mediaSession, nameof(mediaSession));
ArgumentVerifier.ThrowOnNullArgument(logger, nameof(logger));
ArgumentVerifier.ThrowOnNullArgument(settings, nameof(settings));
            this.participants = new List<IParticipant>();

            _eventPublisher = eventPublisher;
            _callId = callId;
            _mediaStream = new MediaStream(
                settings,
                logger,
                mediaSession.MediaSessionId.ToString()
            );

            // Subscribe to the audio media.
            this._audioSocket = mediaSession.AudioSocket;
            if (this._audioSocket == null)
            {
                throw new InvalidOperationException("A mediaSession needs to have at least an audioSocket");
            }

            this._audioSocket.AudioMediaReceived += this.OnAudioMediaReceived;

            this.videoSockets = mediaSession.VideoSockets?.ToList();
            if (this.videoSockets?.Any() == true)
            {
                this.videoSockets.ForEach(videoSocket => videoSocket.VideoMediaReceived += this.OnVideoMediaReceived);
            }

            // Subscribe to the VBSS media.
            this.vbssSocket = mediaSession.VbssSocket;
            if (this.vbssSocket != null)
            {
                mediaSession.VbssSocket.VideoMediaReceived += this.OnVbssMediaReceived;
            }

        }

`

     private ILocalMediaSession CreateLocalMediaSession(Guid mediaSessionId = default)
        {
            try
            {
                // create media session object, this is needed to establish call connections
                var videoSocketSettings = new List<VideoSocketSettings>();

                // create the receive only sockets settings for the multiview support
                for (int i = 0; i < SampleConstants.NumberOfMultiviewSockets; i++)
                {
                    videoSocketSettings.Add(new VideoSocketSettings
                    {
                        StreamDirections = StreamDirection.Recvonly,
                        ReceiveColorFormat = VideoColorFormat.H264,
                    });
                }

                // Create the VBSS socket settings
                var vbssSocketSettings = new VideoSocketSettings
                {
                    StreamDirections = StreamDirection.Recvonly,
                    ReceiveColorFormat = VideoColorFormat.H264,
                    MediaType = MediaType.Vbss,
                    SupportedSendVideoFormats = new List<VideoFormat>
                {
                    // fps 1.875 is required for h264 in vbss scenario.
                    VideoFormat.H264_1920x1080_1_875Fps,
                },
                };

                // create media session object, this is needed to establish call connections
                var mediaSession = this.Client.CreateMediaSession(
                    new AudioSocketSettings
                    {
                        StreamDirections = StreamDirection.Recvonly,
                        SupportedAudioFormat = AudioFormat.Pcm16K,
                    },
                    videoSocketSettings,
                    vbssSocketSettings,
                    mediaSessionId: mediaSessionId);
                return mediaSession;
            }
            catch (Exception e)
            {
                _logger.Log(System.Diagnostics.TraceLevel.Error, e.Message);
                throw;
            }
        }

Here audio is getting processed from team-recording-bot
AudioProcessor code: `// ***********************************************************************
// Assembly         : RecordingBot.Services
// Author           : JasonTheDeveloper
// Created          : 09-07-2020
//
// Last Modified By : dannygar
// Last Modified On : 09-07-2020
// ***********************************************************************
// <copyright file="AudioProcessor.cs" company="Microsoft">
//     Copyright ©  2020
// </copyright>
// <summary></summary>
// ***********************************************************************
using NAudio.Wave;
using RecordingBot.Model.Constants;
using RecordingBot.Services.Contract;
using RecordingBot.Services.ServiceSetup;
using RecordingBot.Services.Util;
using System;
using System.Collections.Generic;
using System.IO;
using System.IO.Compression;
using System.Threading.Tasks;

namespace RecordingBot.Services.Media
{
    /// <summary>
    /// Class AudioProcessor.
    /// Implements the <see cref="RecordingBot.Services.Util.BufferBase{RecordingBot.Services.Media.SerializableAudioMediaBuffer}" />
    /// </summary>
    /// <seealso cref="RecordingBot.Services.Util.BufferBase{RecordingBot.Services.Media.SerializableAudioMediaBuffer}" />
    public class AudioProcessor : BufferBase<SerializableAudioMediaBuffer>
    {
        /// <summary>
        /// The writers
        /// </summary>
        readonly Dictionary<string, WaveFileWriter> _writers = new Dictionary<string, WaveFileWriter>();

        /// <summary>
        /// The processor identifier
        /// </summary>
        private readonly string _processorId = null;

        /// <summary>
        /// The settings
        /// </summary>
        private readonly AzureSettings _settings;

        /// <summary>
        /// Initializes a new instance of the <see cref="AudioProcessor" /> class.
        /// </summary>
        /// <param name="settings">The settings.</param>
        public AudioProcessor(IAzureSettings settings)
        {
            _processorId = Guid.NewGuid().ToString();
            _settings = (AzureSettings)settings;
        }

        /// <summary>
        /// Processes the specified data.
        /// </summary>
        /// <param name="data">The data.</param>
        protected override async Task Process(SerializableAudioMediaBuffer data)
        {
            if (data.Timestamp == 0)
            {
                return;
            }

            var path = Path.Combine(Path.GetTempPath(), BotConstants.DefaultOutputFolder, _settings.MediaFolder, _processorId);

            // First, write all audio buffer, unless the data.IsSilence is checked for true, into the all speakers buffer
            var all = "all";
            var all_writer = _writers.ContainsKey(all) ? _writers[all] : InitialiseWavFileWriter(path, all);

            if (data.Buffer != null)
            {
                // Buffers are saved to disk even when there is silence.
                // If you do not want this to happen, check if data.IsSilence == true.
                await all_writer.WriteAsync(data.Buffer, 0, data.Buffer.Length).ConfigureAwait(false);
            }

            if (data.SerializableUnmixedAudioBuffers != null)
            {
                foreach (var s in data.SerializableUnmixedAudioBuffers)
                {
                    if (string.IsNullOrWhiteSpace(s.AdId) || string.IsNullOrWhiteSpace(s.DisplayName))
                    {
                        continue;
                    }

                    var id = s.AdId;

                    var writer = _writers.ContainsKey(id) ? _writers[id] : InitialiseWavFileWriter(path, id);

                    // Write audio buffer into the WAV file for individual speaker
                    await writer.WriteAsync(s.Buffer, 0, s.Buffer.Length).ConfigureAwait(false);

                    // Write audio buffer into the WAV file for all speakers
                    await all_writer.WriteAsync(s.Buffer, 0, s.Buffer.Length).ConfigureAwait(false);

                }
            }
        }

        /// <summary>
        /// Initialises the wav file writer.
        /// </summary>
        /// <param name="rootFolder">The root folder.</param>
        /// <param name="id">The identifier.</param>
        /// <returns>WavFileWriter.</returns>
        private WaveFileWriter InitialiseWavFileWriter(string rootFolder, string id)
        {
            var path = AudioFileUtils.CreateFilePath(rootFolder, $"{id}.wav");

            // Initialize the Wave Format using the default PCM 16bit 16K supported by Teams audio settings
            var writer = new WaveFileWriter(path, new WaveFormat(
                rate: AudioConstants.DefaultSampleRate,
                bits: AudioConstants.DefaultBits,
                channels: AudioConstants.DefaultChannels));

            _writers.Add(id, writer);

            return writer;
        }

        /// <summary>
        /// Finalises the wav writing and returns a list of all the files created
        /// </summary>
        /// <returns>System.String.</returns>
        public async Task<string> Finalise()
        {
            //drain the un-processed buffers on this object
            while (Buffer.Count > 0)
            {
                await Task.Delay(200);
            }

            var archiveFile = Path.Combine(Path.GetTempPath(), BotConstants.DefaultOutputFolder, _settings.MediaFolder, _processorId, $"{Guid.NewGuid()}.zip");

            try
            {
                using (var stream = File.OpenWrite(archiveFile))
                {
                    using (ZipArchive archive = new ZipArchive(stream, ZipArchiveMode.Create))
                    {
                        // drain all the writers
                        foreach (var writer in _writers.Values)
                        {
                            var localFiles = new List<string>();
                            var localArchive = archive; //protect the closure below
                            var localFileName = writer.Filename;
                            localFiles.Add(writer.Filename);
                            await writer.FlushAsync();
                            writer.Dispose();

                            // Is Resampling and/or mono to stereo conversion required?
                            if (_settings.AudioSettings.WavSettings != null)
                            {
                                // The resampling is required
                                localFiles.Add(AudioFileUtils.ResampleAudio(localFileName, _settings.AudioSettings.WavSettings, _settings.IsStereo));
                            }
                            else if (_settings.IsStereo) // Is Stereo audio required?
                            {
                                // Convert mono WAV to stereo
                                localFiles.Add(AudioFileUtils.ConvertToStereo(localFileName));
                            }

                            // Remove temporary saved local WAV file from the disk
                            foreach (var localFile in localFiles)
                            {
                                await Task.Run(() =>
                                {
                                    var fInfo = new FileInfo(localFile);
                                    localArchive.CreateEntryFromFile(localFile, fInfo.Name, CompressionLevel.Optimal);
                                    File.Delete(localFile);
                                }).ConfigureAwait(false);
                            }
                        }
                    }
                }
            }
            finally
            {
                await End();
            }

            return archiveFile;
        }
    }
}
`

I request you to please help us on this. We need to get video from team-recording-bot and save it to local in.zip file and also to s3 bucket. Please, Please help us on this.

redpajama_set_name: RedPajamaStackExchange


text:
Home https://server7.kproxy.com/servlet/redirect.srv/sruj/smyrwpoii/p2/ US https://server7.kproxy.com/servlet/redirect.srv/sruj/smyrwpoii/p2/ California Passes Remarkable Bill to Reorient Gig Economy
California Passes Remarkable Bill to Reorient Gig Economy
US 8 Views
SACRAMENTO – California lawmakers on Tuesday approved a major bill requiring companies like Uber and Lyft to treat contractual employees as a move that could reverse the gig economy and add fuel to the longstanding debate over whether nature at work there are getting too insecure.
The bill was passed by 29 to 11 votes in the state Senate and will apply to application-based companies despite their efforts to negotiate an exemption. California Gov. Gavin Newsome approved the bill this month and is expected to sign it after passing through the State Assembly, expected to be a formality. Under the measure, which will take effect on January 1
, workers must be designated as employees instead of contractors if the company exercises control over the way they perform their tasks or if their work is part of the company's regular business.
The bill may affect other conditions. A coalition of labor groups has been pushing for similar legislation in New York, and bills in Washington and Oregon that were similar to those in California but failed to make progress could gain momentum. Last year, New York accepted a minimum wage for drivers, but did not try to classify them as employees.
In California, the legislation will affect at least one million workers by the end of the decade – a long trend of outsourcing and franchising that makes employer-employee relationships longer. Many people were pressured into contractor status without access to basic protections such as minimum wage and unemployment. Ride drivers, food delivery couriers, porters, nail salon workers, construction workers and franchise owners can now be retrained as employees.
But the passage of a bill that codifies and extends the California Supreme Court's decision in 2018 threatens concert companies such as Uber and Lyft. Fishing companies – along with application-based services that offer food delivery, home repair and dog walking – have built their businesses on cheap and independent work. Uber and Lyft, which have hundreds of thousands of drivers in California, said contracting provides people with flexibility. They warned that recognizing drivers as employees could destroy their businesses.
"There will be great reviews across the country," says David Weil, a senior Labor Department official during the Obama administration and author of a so-called book. called bursting in the workplace. He argues that the bill could put a new bar on worker protection and force business owners to rethink their reliance on contractors.
California lawmakers say the bill, known as Assembly Bill 5 and proposed by Lorenzo Gonzalez's Democratic Party,
Social Security or Medicare, "said State Senator Maria Elena Duraso, a Democrat. "Let's be clear: there is nothing innovative about paying someone for their labor."
She added, "Today we are determining the future of the California economy."
Motorcycle riders welcomed the passage of the bill. "I am so proud of shared car drivers who have taken the time of their lives to share their stories, stand up, talk to legislators, and hope they take some time to secure a victory," he said Rebecca Stack-Martinez, driver and organizer with Gig Workers Rising.
Uber did not immediately get a comment until Lyft said it was disappointed. "Today, our country's political leadership has missed an important opportunity to support the majority of shared drivers who want a thoughtful solution that balances flexibility with the standard of income and benefits," says Lyft spokesman Adrian Durbin.
Gig-type work has been under the spotlight for years, as companies such as Uber, Lyft and DoorDash in the United States – as well as Didi Chuxing in China and Ola in India – have grown into behemoths, even as contractors, at who relied on did not receive benefits or a minimum wage guaranteed to employees. Many companies have worked diligently to overcome their efforts to classify employees as employees, settling driving lawsuits and providing exceptions to rules that could jeopardize the status of freelance drivers.
While regulators in California and at least three other states – New York, Alaska and Oregon – have found that riders traveling by state are employees under state laws for narrow purposes, such as eligibility for unemployment insurance, these findings could be abolished by state laws that explicitly regard drivers as contractors. About half of the states in the nation have adopted such regulations.
But recently the tide has begun to change. Two federal proposals introduced since 2018 seek to redefine the way workers are classified to allow more of them to come together. These proposals have received support from candidates for the Democratic presidential nomination, including Senators Kamala Harris, Bernie Sanders and Elizabeth Warren. Presidential hopes also gave their approval to the California bill.
In the United Kingdom, Uber appeals against a labor tribunal decision requiring drivers to be classified as workers entitled to a minimum wage and vacation. The country's Supreme Court is expected to hear arguments in the case next year.
"Some forms of compensation for part of the driver's population seem inevitable," says Lloyd Walmsley, a equity analyst at Deutsche Bank who monitors the vehicle industry.
A critical question is how concert companies will respond to California's new law. Industry officials have estimated that they should rely on employees rather than contractors to increase costs by 20 to 30 percent.
Uber and Lyft have repeatedly warned that they will have to start pre-planning for drivers if they are employees, reducing drivers' ability to
experts say there is nothing in the bill that requires employees to work shifts and that Uber and Lyft have a legal right to continue to allow drivers to make their own planning decisions.
In practice, Uber and Lyft may choose to limit the number of drivers who can work in slow hours or in less crowded markets where drivers may not generate enough in tariffs to justify their wage costs as employees. This can lead to a reduced need for drivers for everyone.
But Veina Dubal, a professor at the University of California, Hulls, California, said it would still be advantageous for Uber and Lyft to rely on incentives as a bonus payment to ensure they have enough drivers on the road to get they adapt to customer demand much more agile than if they pre-planned drivers.
"It doesn't make sense to them" to drastically limit flexibility, she said.
Some companies are not struggling with the bill. Uber, Lyft, and DoorDash pledged to spend $ 90 million in support of a ballot initiative that would essentially exempt them from the legislation. Uber also said it would collect misclassification requests from drivers into arbitration and press lawmakers to consider a separate bill that could exempt them from A.B. Impact of 5 when the legislative session begins in January.
California cities will have ways to enforce the new law. Last-minute changes to the measure gave lawmakers the right to big cities to sue companies that did not comply.
The bill was not widely supported by drivers. Some objected because they worried it would be difficult to keep a flexible schedule. After Uber and Lyft sent messages to drivers and motorcyclists in California in August asking them to contact lawmakers on behalf of companies, lawmakers said they had noticed a jump in calls.
As the bill paves the way through the Legislature, fisheries companies are seeking an agreement that will create a new category of worker between contractor and employee. They met with labor groups and the governor of Governor Newsom to arrange a deal to give drivers a minimum wage and the right to organize, without stopping classifying them as employees.
But in July and August labor groups disappeared and the proposed deal fell apart. Some company employees have expressed cautious optimism in recent days about concluding a deal after the bill was passed.
Deval Patrick Campaign Event Canceled at Atlanta College; only 2 people are reportedly appearing
The Ann Coulter event at UC Berkeley attracts masked protesters; numerous arrests have been reported
Colorado school district closes more than 40 schools after highly contagious viral disease

redpajama_set_name: RedPajamaCommonCrawl


text:
Effect of intermediate rolling on the transport properties of Ag-sheathed (Bi,Pb)2Sr2Ca2Cu3Ox superconductor tapes
K. T. Lau, S. K. Chen, Roslan Abd. Shukor
School of Applied Physics Studies
We have studied the transport properties of Ag-sheathed (Bi,Pb)2Sr2Ca2Cu3Ox (Bi-2223/Ag) superconductor tapes prepared by different thermo-mechanical treatments from the aspects of structural quality and the intermediate rolling effect. Intermediate rolling improved the self-field Jc of the tapes by a factor of three compared to tapes without intermediate rolling. A similar behaviour of Jc decreasing in the magnetic field was observed for all samples. It is suggested that weak and strong links play a role in the decrease. The contribution of strong links in all tapes is calculated and is briefly discussed. The pinning behaviour of the tapes in the applied field is discussed, and the critical magnetic fields at which the pinning force density vanished were found to be from 0.25 to 0.77 T. Intermediate rolling was found to improve the structural quality of the tapes.
Superconductor Science and Technology
https://doi.org/10.1088/0953-2048/15/3/313
Superconducting materials
thermomechanical treatment
Lau, K. T., Chen, S. K., & Abd. Shukor, R. (2002). Effect of intermediate rolling on the transport properties of Ag-sheathed (Bi,Pb)2Sr2Ca2Cu3Ox superconductor tapes. Superconductor Science and Technology, 15(3), 351-355. https://doi.org/10.1088/0953-2048/15/3/313
Effect of intermediate rolling on the transport properties of Ag-sheathed (Bi,Pb)2Sr2Ca2Cu3Ox superconductor tapes. / Lau, K. T.; Chen, S. K.; Abd. Shukor, Roslan.
In: Superconductor Science and Technology, Vol. 15, No. 3, 03.2002, p. 351-355.
Lau, KT, Chen, SK & Abd. Shukor, R 2002, 'Effect of intermediate rolling on the transport properties of Ag-sheathed (Bi,Pb)2Sr2Ca2Cu3Ox superconductor tapes', Superconductor Science and Technology, vol. 15, no. 3, pp. 351-355. https://doi.org/10.1088/0953-2048/15/3/313
Lau KT, Chen SK, Abd. Shukor R. Effect of intermediate rolling on the transport properties of Ag-sheathed (Bi,Pb)2Sr2Ca2Cu3Ox superconductor tapes. Superconductor Science and Technology. 2002 Mar;15(3):351-355. https://doi.org/10.1088/0953-2048/15/3/313
Lau, K. T. ; Chen, S. K. ; Abd. Shukor, Roslan. / Effect of intermediate rolling on the transport properties of Ag-sheathed (Bi,Pb)2Sr2Ca2Cu3Ox superconductor tapes. In: Superconductor Science and Technology. 2002 ; Vol. 15, No. 3. pp. 351-355.
@article{8b2ef52400da41c9b5a2734f4665a4eb,
title = "Effect of intermediate rolling on the transport properties of Ag-sheathed (Bi,Pb)2Sr2Ca2Cu3Ox superconductor tapes",
abstract = "We have studied the transport properties of Ag-sheathed (Bi,Pb)2Sr2Ca2Cu3Ox (Bi-2223/Ag) superconductor tapes prepared by different thermo-mechanical treatments from the aspects of structural quality and the intermediate rolling effect. Intermediate rolling improved the self-field Jc of the tapes by a factor of three compared to tapes without intermediate rolling. A similar behaviour of Jc decreasing in the magnetic field was observed for all samples. It is suggested that weak and strong links play a role in the decrease. The contribution of strong links in all tapes is calculated and is briefly discussed. The pinning behaviour of the tapes in the applied field is discussed, and the critical magnetic fields at which the pinning force density vanished were found to be from 0.25 to 0.77 T. Intermediate rolling was found to improve the structural quality of the tapes.",
author = "Lau, {K. T.} and Chen, {S. K.} and {Abd. Shukor}, Roslan",
doi = "10.1088/0953-2048/15/3/313",
journal = "Superconductor Science and Technology",
T1 - Effect of intermediate rolling on the transport properties of Ag-sheathed (Bi,Pb)2Sr2Ca2Cu3Ox superconductor tapes
AU - Lau, K. T.
AU - Chen, S. K.
AU - Abd. Shukor, Roslan
N2 - We have studied the transport properties of Ag-sheathed (Bi,Pb)2Sr2Ca2Cu3Ox (Bi-2223/Ag) superconductor tapes prepared by different thermo-mechanical treatments from the aspects of structural quality and the intermediate rolling effect. Intermediate rolling improved the self-field Jc of the tapes by a factor of three compared to tapes without intermediate rolling. A similar behaviour of Jc decreasing in the magnetic field was observed for all samples. It is suggested that weak and strong links play a role in the decrease. The contribution of strong links in all tapes is calculated and is briefly discussed. The pinning behaviour of the tapes in the applied field is discussed, and the critical magnetic fields at which the pinning force density vanished were found to be from 0.25 to 0.77 T. Intermediate rolling was found to improve the structural quality of the tapes.
AB - We have studied the transport properties of Ag-sheathed (Bi,Pb)2Sr2Ca2Cu3Ox (Bi-2223/Ag) superconductor tapes prepared by different thermo-mechanical treatments from the aspects of structural quality and the intermediate rolling effect. Intermediate rolling improved the self-field Jc of the tapes by a factor of three compared to tapes without intermediate rolling. A similar behaviour of Jc decreasing in the magnetic field was observed for all samples. It is suggested that weak and strong links play a role in the decrease. The contribution of strong links in all tapes is calculated and is briefly discussed. The pinning behaviour of the tapes in the applied field is discussed, and the critical magnetic fields at which the pinning force density vanished were found to be from 0.25 to 0.77 T. Intermediate rolling was found to improve the structural quality of the tapes.
U2 - 10.1088/0953-2048/15/3/313
DO - 10.1088/0953-2048/15/3/313
JO - Superconductor Science and Technology
JF - Superconductor Science and Technology
10.1088/0953-2048/15/3/313


MP Welgama told Daily FT that he was against family bandyism and nepotism.
The Joint Opposition and Sri Lanka Freedom Party stalwart was referring to the statements made by former President Rajapaksa during his recent interview with an Indian newspaper. In the interview, Rajapaksa says that his brother is a certain contender for the Presidential candidacy in 2020 as his eldest son is still below the age limit of 35. Welgama said that one of the main reasons for the former President's loss in 2015 was his family.
"One of the main reasons he lost the Presidential election in 2015 was because of his family members and their activities. Another reason was because he had surrounded himself with a bad crowd, some truly nasty people who do things like assault the Sri Lankan High Commissioner to the United Kingdom," Welgama said, referring to the assault on former High Commissioner Chris Nonis by former Parliamentarian Sajin Vaas Gunawardana.
He then pointed out that there were many other senior parliamentarians and politicians who could easily take up the Presidential mantle.
"If it was the Mahinda Rajapaksa contesting the Presidential election, he would have my fullest support. If he is not contesting, the candidacy should be open to others. There are so many experienced, senior politicians in both the Joint Opposition and the Sri Lanka Podujana Peramuna," Welgama said, then citing past Presidential candidacies that were given reluctantly.
Speaking of the former Defence Secretary, MP Welgama said that Gotabhaya Rajapaksa must first clear his name.
"If he is considering Gotabhaya Rajapaksa as the Presidential candidate, then Gotabhaya must first clear his name. He must revoke his dual citizenship. Without doing these things, there's no point even talking about a Gotabhaya candidacy," he added.
Thereafter, MP Welgama warned of fears in the Joint Opposition about the Presidential candidacy being kept in one family and that the former President would be faced with discontent within the coalition if he insists on nominating family member.
"There are many more suitable politicians than the brothers of the former President as Presidential candidates. The former President must realise that. Look at Maithripala Sirisena. He was not appreciated and given the right place in the party and he went on to steal the Presidency from Mahinda Rajapaksa. The former President cannot afford to make the same mistakes. He cannot afford another blunder," he said.


I am sometimes asked during my risk management seminars if a party to a contract can safely sign an onerous contract with harsh indemnification clauses or other clauses that create excessive liability for an "innocent" party and then avoid the consequences by having a court hold the terms to be unconscionable and, therefore, unenforceable.
Those who ask this generally are contractors and consultants. They suggest that if the contract is grossly one-sided or unfair, it should be obvious to a court that it was signed under duress.
After reading a sad case where a court enforced a contract that created a particularly bad deal for one of the parties, one "naïve" student asked the professor how such a terrible and unfair result could be tolerated by the court.
He stomped out of the class and left us there, with a half hour remaining, to ponder that heavy thought. Of note, "across the street" referred to the Augustinian Theological Seminary. As participants in contracts duly negotiated between parties, we should expect courts to enforce our bargain as we made it rather than to reinterpret it and revise it to apply some sense of what they think would be a more reasonable and fair result. Some of you may know it as "Freedom of Contract".
That brief performance left a greater impression on me and taught me more about the law of contracts than anything else before or since.
It turned out that it wasn't necessary to abandon law school and join the seminary merely because one expected contracts to be fair. All that was necessary was to accept the responsibility for negotiating and signing reasonable contracts.
You get what you negotiate — not necessarily what you deserve.
I retell this story from time to time to encourage contractors and design professionals to negotiate diligently for a reasonable contract, and to not expect a court to fix contractual difficulties of their own making. It is a good introduction, I believe, to the recent case of UDC-Universal Development v. CH2M Hill.
Consultant shall indemnify…Developer…from and against any and all claims…to the extent they arise out of or are in any way connected with any negligent act or omission by Consultant…Consultant agrees, at his own expense, and upon written request by Developer or Owner of the Subject Property, to defend any suit, action or demand brought against Developer or Owner on any claim or demand covered herein. (Emphasis added).
CH2M argued that it had no duty to indemnify UDC unless it was found negligent in performing its work, and it further argued that any defense duty it had would only be triggered if a claimant's claim alleged negligence on the part of the consultant.
The Court acknowledged that the "negligent act or omission" language of the clause shielded CH2M from an obligation to indemnify its client since such obligation was dependent upon a finding of negligence and CH2 was not found negligent. The court nevertheless found that the language of the clause created a duty to defend against actions even if there was no allegation of negligence or finding of negligence. In reaching that decision, the court cited the 2008 opinion in the case of Crawford v. Weather Shield Mfg. Inc., that held is separate and distinct from the indemnitor's duty to indemnify its client. Moreover, as held in Crawford and reaffirmed by the court here, the indemnification agreement creates an automatic duty to defend the indemnitee against actions that implicate the services performed by the Indemnitor (in this case CH2M Hill).
Applying those principles of California statutory and common law, the court in CH2 thus concluded that CH2's duty to defend was triggered when "any claim against UDC implicated CH2's performance of its role in the project…." This occurred "when the HOA alleged harm resulting from deficient work that was within the scope of services for which UDC had retained CH2M." It did not matter that the claimant, homeowners association, had not alleged negligence on the part of CH2M.
To summarize, the court could have reached its decision requiring CH2 to defend its client based on the affirmative duty to defend that was stated in the clause. As explained by the court, however, the defense obligation would arise even in the absence of the duty to defend language since indemnification clauses are understood under California law to automatically include a separate and much broader duty to defend the indemnitee against claims, as well as to provide indemnification for ultimate damages.
In the case Crawford v. Weather Shield Mfg., Inc., 187 P.3d 424, 44 Cal.4th 541 (2008), the Supreme Court of California addressed the question of whether the subcontract indemnification provision obliged the subcontractor, Weather Shield Manufacturing Co., to defend the developer/general contractor, J. M. Peters Co., (JMP) against law suits brought by third party homeowners whose complaints alleged construction defects arising from the subcontractor's work.
We agree with the Court of Appeal majority that, even if strictly construed in Weather Shield's favor, these provisions expressly, and unambiguously, obligated Weather Shield to defend, from the outset, any suit against JMP insofar as that suit was "founded upon" claims alleging damage or loss arising from Weather Shield's negligent role in the Huntington Beach residential project. Weather Shield thus had a contractual obligation to defend such a suit even if it was later determined, as a result of this very litigation, that Weather Shield was not negligent.
A contractual promise to "defend" another against specified claims clearly connotes an obligation of active responsibility, from the outset, for the promisee's defense against such claims. The duty promised is to render, or fund, the service of providing a defense on the promisee's behalf -a duty that necessarily arises as soon as such claims are made against the promisee, and may continue until they have been resolved. This is the common understanding of the word "defend" as it is used in legal parlance. [citations omitted] A duty to defend another, stated in that way, is thus different from a duty expressed simply as an obligation to pay another, after the fact, for defense costs the other has incurred in defending itself.
Attorneys reading the court's analysis up to the point above-quoted might not find much objectionable about it. Courts throughout the country have explained in the context of insurance policy language as well as indemnification language in commercial contracts that the duty to defend is much broader than the duty to indemnify. This part of the decision have come as no surprise. Indeed professional liability carriers, risk managers and attorneys have long been advising design professionals to strike any language in the indemnification clause that would suggest any duty to defend.
The court concluded that the California Code's defense obligations "are deemed included in every indemnity agreement unless the parties indicate otherwise." (emphasis added). "This duty," concluded the court, "arises immediately upon a proper tender of defense by the indemnitee, and thus before the litigation to be defended has determined whether indemnity is actually owed." Ultimately, the court held that Weather Shield owed JMP a duty to defend immediately upon JMP's defense tender upon Weather Shield; and despite Weather Shield's lack of obligation to indemnify JMP since it was not found liable on the underlying claim for damages.
What the court is basically saying is that the contractually agreed upon duty to defend (or the defense duty automatically arising under California law in every indemnification agreement) is triggered as soon as the claim is made because it is a separate duty from the duty to indemnify. The duty is comparable to an insurance company providing a defense against a claim made against its insured. The carrier does not wait to see if its insured is found negligent before providing the defense, and the court is saying the indemnitor's duty is equivalent of that of an insurance company's duty to defend.
First. Don't agree to indemnification clauses that contain any duty to defend – regardless of how narrowly you may think that duty has been drafted. Any language affirmatively creating a duty to defend is bad language. Such a duty in a professional services contract creates uninsurable risk due to the contractual liability exclusion of the policy.
Second. In California it is not enough to merely avoid including bad language in the indemnification clause. What might otherwise be considered good language that only agrees to indemnify your client for damages to extent arising out of your own negligence is not sufficient to avoid the duty the courts of California will impose on you to defend the indemnitee. In essence, the California Supreme Court has put all on notice that if the contract contains an indemnification agreement whereby an indemnitor agrees to indemnify an indemnitee for damages arising out of the indemnitor's services, the agreement will be interpreted to impose an additional obligation for the alleged indemnitor to defend the proposed indemnitee immediately upon the tendering of the defense. The only way around this, is for the parties to affirmatively state that there is NO duty to defend any claim that is subject to the indemnification provisions.
By signing what many risk managers have long thought to be innocuous indemnification provisions, the indemnitor/design professional may be committing to a defense obligation that is excluded from coverage.
Third. Because professional liability insurance only provides insurance for what a professional would be liable for if there had been no contract (i.e., under common law), professional liability insurance policies specifically exclude contractual language that expands that liability. There is no common law duty of a consultant to defend its client against third party actions. Since the duty can only be created via a contractual obligation, it is excluded from coverage. It is important to educate the parties so they understand that asking a design professional to defend the indemnitee or to otherwise indemnify the indemnitee for anything other than damages caused by the negligent performance of professional services is uninsurable and, therefore, an unreasonable risk to impose upon the design professional.
Indemnification. Notwithstanding any clause or provision in this Agreement or any other applicable Agreement to the contrary, Consultant's only obligation with regard to indemnification shall be to indemnify (but not defend) the Client, its officers, directors, and employees from and against those actual damages and costs incurred that Client has been determined to be legally obligated to pay to third parties as a result of the death or bodily injury to any person or the destruction or damage to any property, to the extent caused by the negligent act, error or omission of the Consultant or anyone for whom the Consultant is legally responsible, subject to any limitations of liability contained in this Agreement.
There are no circumstances that would justify a design professional agreeing to defend its client. JUST SAY NO to contract language that requires a duty to defend regardless of how that duty may be defined or limited.
About the Author: Mr. Holland is a construction lawyer located in Tysons Corner, Virginia, with a national practice (formerly with Wickwire Gavin, P.C (1986 – 2007), and now with Construction Risk Counsel, PLLC) representing design professionals, contractors and project owners. He is founder and president of a consulting firm, ConstructionRisk, LLC, providing consulting services to owners, design professionals, contractors and attorneys on construction projects – including assistance with contract drafting, review and negotiation; change order and claims analysis (preparation or defense); risk management advice concerning insurance coverage – including assistance with negotiating and drafting the terms and conditions of policies and endorsements, advice to insurance underwriters; guidance to those procuring insurance; change order and claim preparation, analysis and defense; contract preparation; contract review and contract negotiation. Contact: 703-623-1932, Kent@ConstructionRisk.com.
The City awarded a contract to DRW to expand the digester capacity at the Hyperion Wastewater Treatment Plant. During construction, the City issued over 300 change orders containing more than 1,000 changes to plans and specifications. On rare occasions the City directed DRW to perform changes on a time and material basis, but as a general rule, the City requested an estimate of the cost of the work, told DRW to commence work, and agreed that the parties would negotiate a lump sum payment at a later date. Not all change orders were settled. When DRW completed the project, it requested an equitable adjustment to compensate it for expenses and losses incurred due to interference and delays by the City. The City refused and assessed liquidated damages against DRW. DRW sued for breach of contract, and the City cross-complained.
Before trial the City filed a motion in limine to prevent DRW from proving its damages with engineering estimates, based on Public Contracts Code section 7105(d)(2) (all further statutory references are to the Public Contracts Code). Section 7105(d)(2) states that the compensation due a public works contractor for amendments and modifications, such as change orders, can only be determined as provided in the contract. The trial court ruled the General Conditions of the contract (section 38(c) of the C-741 contract) required plaintiff to proceed on a time and materials basis and document actual costs if the parties failed to agree on a lump sum.
Based on Amelco, the City also filed a motion in limine to preclude DRW from presenting a total cost claim to the jury. The trial court agreed and precluded DRW from proceeding on a total cost theory of damages on the ground that DRW's evidence in support of that theory was insufficient, and held that a modified total cost theory was not recognized in California.
In response to the motions in limine, the trial court barred three of DRW's claims, including a claim for breach of implied warranty of correctness of plans. The jury found the City had breached the contract and caused DRW damages, and the City's assessment of liquidated damages was unreasonable.
On appeal, the Court ruled that the in limine rulings be reversed. First, the Court held the trial court should have submitted the interpretation of the General Conditions section 38(c) of the contract to the jury. Since the terms of the contract were ambiguous as to the method to be used to document the cost of extra work, parole evidence was admissible to aid interpretation and DRW was entitled to a trial on the issue of contract interpretation.
Section 7105 impacts the measure of damages for public works contracts, but it does not impact the permissible method of proof. In other words, an award of breach of contract damages under [common law] does not represent a contract modification barred by section 7105.
This is a significant clarification of this statute which has been controversial in public works circles. In effect the Court was adopting the traditional "benefit of bargain" measure of damages codified in California Civil Code §3300.
Finally, the Court held that on remand DRW may pursue a modified total cost theory, if it is not required to document its actual costs. Under the total cost method, damages are determined by subtracting the contract amount from the total cost of performance. Under Amelco, the total cost method may be used only after the trial court determines the contractor has a prima facie case by showing the following: (1) it is impractical for the contractor to prove actual losses directly; (2) the contractor's bid was reasonable; (3) its actual costs were reasonable; and (4) it was not responsible for the added costs. If some of the contractor's costs were unreasonable or caused by its own errors, then those costs are subtracted to arrive at the modified total cost.
Dillingham significantly clarified Amelco, and breathed new life into the total cost and modified total cost methods of proving damages. SinceAmelco was decided, common law contract damage principles as to public agencies have been under attack. Public agencies have argued with some success that Amelco insulated them from any form of damage proof other than daily costs tracked in the field, even where it was impossible to do so and could only be determined by engineering estimates or a modified total cost method at a later time. Dillingham holds that Amelco did not limit common law methods of proving damages against a public agency. Rather, it held only that the abandonment theory of liability is not allowed against a public agency.
About the Authors: Edward B. Lozowicki is a partner in Sheppard Mullin's San Francisco office (415) 774-3273. Bram Hanono is an attorney in Sheppard Mullin's Del Mar office (858) 720-8900.
Where an engineer was contracted by a county government in California to prepare an environmental impact report as required by state statute, to determine whether to approve a developer's project proposal, the developer had no cause of action against the engineer for failing to prepare the report within the time specified in the contract. Nor did it have a cause of arising out of negligence since purely economic damages alone were sought and the engineer owed no independent duty of care to the developer to protect its economic interests.
In Lake Almanor Associates v. Huffman-Broadway Group, Inc., 178 Cal.App. 4th 1194 (2009), the plaintiff was a real estate developer that submitted an application to the county government for a proposed development. The county was required by state law to obtain an environmental impact report (EIR) before approving the development plan. The county entered into a contract with an engineering firm ("engineer") to prepare the EIR. According to the contract, the engineer was to prepare the report for the county, but provide a copy to the developer. The developer was required to reimburse the county for the cost of preparing the EIR. Engineer failed to meet the contractually specified deadline for submitting the report. When a draft copy of a report was belatedly submitted, the county rejected it as unacceptable and thereafter terminated the engineer's contract. The engineer submitted invoices to the County for payment and the county sought reimbursement of the engineer's fee from the development along with reimbursement for a second engineer that prepared a subsequent report.
"A promisor who contracts with a government or governmental agency to do an act for or or render a service to the public is not subject to contractual liability to a member of the public for consequential damages resulting from performance or failure to perform" unless certain conditions occur. In this case, the court found that the provisions of the contract were not sufficient to to demonstrate any intent that the engineer be liable to a developer in the event of breach of its contract. Nor does the code create any statutory duty for the county to complete the EIR on a timely basis. No action could brought against the public entity for failure to complete the EIR on time.
Where a contractor on a wastewater treatment construction project submitted a differing site condition claim to the City, the City refused to issued a change order – arguing that the soils report that was referenced in the contract was not made a part of the contract and that the contract otherwise disavowed the ability of the contractor to rely on the report or make a claim. The contractor filed suit against both the City and the engineer that issued the report. An appellate court held that the statute of limitations on the contractors negligence action against the engineer had lapsed since the date for calculating the time period was from the date the report was written by the engineer rather than the date on which the contractor later signed its contract with the City and allegedly obtained the report and relied upon it. As far as the right to rely upon the report, the court held that the exculpatory clauses addressing reliance on the report did not clearly absolve the defendants for any consequences of negligence, and the issue of justifiable reliance, as well as whether a differing site condition existed must be decided by jury rather than summary judgment.
The Contractor states that he has examined all the available records and has made a field examination of the site and right-of-way and that he has informed himself about the character, quality and quantity of surface and subsurface materials and other conditions to be encountered; the quantities in various sections of the work; the character of equipment and facilities needed for the prosecution of the work; the location and suitability of all construction materials; the local labor conditions; and all other matters in connection with the work and services to be performed under this contract.
The court found that the two clauses were not clear and unambiguous since SC 26 provided that the contractor may rely upon "the general accuracy" of the data but then states that the report is not part of the contract documents. Even the terms "general accuracy" and "completeness" are subject to interpretation says the court, and a jury will need to determine how the clauses are to be applied to the facts of the matter.
Can the City avoid the intent of the Differing Site Conditions Clause on a Partially Federally Funded Project?
The final aspect of the case concerns whether the City successfully avoided the affect of the federally mandated "differing site conditions" clause by virtue of the special conditions clauses of the contract that limited reliance upon the soils report. The contractor argued that the differing site conditions superseded any conflicting clauses in the contract that might otherwise seek to eliminate differing site conditions claims. Rather than address that question, the City argued that the differing site was not applicable in any event because the soil conditions were not "materially different" from those shown in the soils report. That issue, concluded the court, was another one to be decided by a jury rather than by summary judgment.
Comment: Project owners are ill advised to attempt to avoid appropriate differing site conditions claims by inserting language into their contracts language that would deny contractor reliance upon site data and other information provided by the owner with the bidding documents. There are a number of cases applying federal law that have held that where a project is using federal funds and the contract, therefore, incorporates the federally mandated differing site conditions clause, the DSC clause takes precedence over the conflicting disclaimer clauses.
The reason the federal contracts, and contracts on projects receiving federal assistance dollars, include the DSC clause is that history has taught the wisdom (and ultimate cost savings) of granting equitable relief to a contractor who encounters a differing site condition. The government doesn't do this to be nice. It does it because by allocating risk in this reasonable manner it is more cost effective in the long run for federally funded projects.
Ten (10) projects are constructed by a city.
$12 million is the total paid by the City to contractors to complete all 10 projects – and that is not including the litigation costs and settlements the city's will have with some of the contractors.
Conclusion: Based on the facts of the above hypotheticals, the city that allowed differing site conditions saved $1.4 million over the course of constructing its ten projects. It would therefore appear to be fiscally irresponsible to attempt to deny contractor's the right to rely upon site data that they cannot logically obtain through their own investigations prior to bidding a project.
Not a sermon – just a thought – although a strongly held one!
2009 litigation involving contractors and project owners against design professionals gets a timely review from Kent Holland Esq., and Lauren Mclaughlin Esq. Key cases to be presented will address limitation of liability, indemnification, licensing, procedural issues such as certificates of merit and time limitations on filing suits, electronic discovery, and the economic loss doctrine.
About the author: All articles in this issue of the ConstructionRisk.Com Report are written by J. Kent Holland, a construction lawyer located in Tysons Corner, Virginia, with a national practice (formerly with Wickwire Gavin, P.C. and now with Construction Risk Counsel, PLLC) representing design professionals, contractors and project owners. He is also founder and president of ConstructionRisk, LLC, a consulting firm providing consulting services to owners, design professionals, contractors and attorneys on construction projects. He is publisher of ConstructionRisk.com Report and may be reached at Kent@ConstructionRisk.com or by calling 703-623-1932. This issue may be cited as ConstructionRisk.com Report, Vol. 12 No. 5 (June 2010). Articles may be reprinted for use in other newsletters provided attribution is given to this Report and the author. Permission is hereby granted for links to be created on other websites to any article on this website.


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The BlogPolitics
In re: Terri Schiavo, Joe Lieberman, you were in the wrong place
No politician who has voted for phony Tort Reform legislation, which would stop payment of insurance settlements to people like Terri Schiavo, has any right to be involved.
Steve Anderson, Contributor
Recording studio tech by day, progressive blogger by night.
Aug 8, 2006, 12:41 AM EDT | Updated May 25, 2011
As it comes down to the wire in CT, Joe Lieberman and his mouthpiece Lanny Davis are chanting "90%" as in, Lieberman voted with the Democratic Leadership 90% of the time, so why isn't that good enough?
Because that 10% you didn't get right, Joe, included some heavy issues.
On July 15, 2006, David Lightman of the Hartford Courant said this:
He broke with the region's Democratic senators on a key energy vote last year. He has embraced a position on Iraq that few Democrats share. He has questioned bedrock Democrat-backed programs such as affirmative action and Social Security. He voted against a filibuster that could have blocked the nomination of Supreme Court Justice Samuel A. Alito Jr.
And just this week the senator launched his own political party so he can still run in November even if Democratic voters rebuff him in the Aug. 8 primary.
But here's the issue that starts and stops the discussion for me. This past Sunday Michael Schiavo said this:
Not only did Joe Lieberman support the illegal political intervention in the private and legally protected decisions of my family, he went out of his way to defend it. On national television.
So when I thought about going to Connecticut to remind voters what Joe Lieberman really thinks about family values and personal privacy, I didn't have to think too long.
This really resonates with me, and here's why. 4 years ago last March, my family was gathered around my youngest sister's bedside. We were there to watch her die.
Not blogging yet, I didn't write about it. But during the Schaivo ordeal I did blog about it, and Eric Alterman was kind enough to give me a link. Here's what I wrote at the time:
I watched my sister die.
My immediate family and I watched as she breathed her last breath, her heart beat its last beat, and her soul flew confidently toward the universe.
She had been diagnosed with terminal cancer. What a mild phrase that has such impact: "You're going to die, your insides are going to be eaten alive, sorry."
She suffered a further medical insult, and had emergency surgery. I remember the surgeon saying "Well, I tried to fix the problem, but she was so full of cancer..."
She actually seemed to improve after surgery, she seemed a little fiesty and engaged. But she took a turn for the worse.
Her consciousness faded, and her breathing needed help, so she was intubated. Her temperature soared to 110 degrees. All attempts to ease her suffering seemed futile.
After 2 days, when we accepted that she was dying, we (my other sister and I) discussed and decided that we would end further treatment, with one exception: we would keep the breathing tube in. It was our feeling that if there was any chance she was still in there, we didn't want her to feel like she was suffocating.
The hospital followed our wishes, and called the Doctor, who ordered treatment stopped.
But minutes later, in a virtual coma, she died. My brother, my other sister & her husband, my mother, and my wife were all there to kiss her and tell her we loved her as she began the next journey.
So I feel I have some perspective on the Terri Schiavo situation. And here's my opinion:
No politician who has ever voted for the '99 Texas Advance Directives Act has any right to be involved,
No politician who has violated the ethics of his previous profession has any right to be involved,
And no politician who has:
mocked a condemned prisoner,
voted for phony Tort Reform legislation which would stop payment of insurance settlements to people like Terri Schiavo,
voted against DNA challenges in capital cases,
refused to examine death warrants in Texas,
talked about Terri Schiavo as being delivered to him for political gain,
voted against States Rights in blatant disregard of the Constitution,
has any right to be involved.
If they do try to get involved, then God damn them.
So long, and thanks for listening.
Steve blogs regularly at SteveAudio.blogspot.com, and at CorrenteWire.com
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➜ Culture / Community
➜ Disaster Resources
Cynthia A Lockley on 3 May 2008 13 Feb 2020
Aid & Resources
Ready.gov Plan Ahead with Your Family
Hazard Information—Be Informed Learn About the Types of Disasters: Earthquakes, Extreme Heat, Fires, Floods, Hazardous Materials, Hurricanes, Landslides, Multi-Hazard, Nuclear, Terrorism, Thunderstorms, Tornadoes, Tsunamis, Volcanoes, Wildfires, Winter Storms
FEMA for Kids
Ready.gov Publication Translations translations of Ready.gov publications may be ordered or downloaded from FEMA in the following languages: Arabic, Chinese, French, Haitian – Creole, Hindi, Japanese, Korean, Russian, Spanish, Tagalog, Urdu, Vietnamese Updated
USA.gov in Spanish: GobiernoUSA.gov Desastres y emergencias (Disasters and Emergencies) Updated
Against the Wind: Protecting Your Home From Hurricane Wind Damage is a FEMA brochure with information provided by the American Red Cross, The Home Depot, Georgia Emergency Management Agency, and the National Association of Home Builders of the United States (228 K .pdf)
Tornado Preparedness
Canadian Red Cross: British Columbia & Yukon
International Committee of the Red Cross (ICRC) and The Red Cross and Red Crescent Societies
American Red Cross Get Help Resources Revised
Disaster Safety for People with Disabilities Create a disaster plan that addresses your needs. New
Feeding America Food Banks Network
Médecins Sans Frontières (MSF) [Geneva, Switzerland, headquarters site with links to the MSF in other countries]
Doctors Without Borders/Médecins Sans Frontières (MSF) [U.S. site]
DisasterAssistance.gov provides disaster survivors with information and services when and where they need it most.
Emergency Evacuation and Traveler's Services
Traveler's Emergency Network (TEN) an international membership organization dedicated to providing the best travel assistance services for a low annual membership fee: 24 hour access to medical experts, emergency evacuation, repatriation home after stabilization, transportation home for dependents, return of mortal remains, Seven Corners International, and many other travel benefits.
Wilderness Emergency Medical Technician (WEMT) training course
Fire Safety for Wheelchair Users (.pdf)
National Fire Protection Association (NFPA) Public Education for Older Adults New
Remembering When: A Fire and Fall Prevention Program for Older Adults (download the PDF), developed by the National Fire Protection Association (NFPA) and the Centers for Disease Control and Prevention (CDC) to help older adults live safely at home for as long as possible. The program is built around 16 key safety messages – eight fire prevention and eight fall prevention
Safety for people with disabilities (download the Home Safety Tip Sheet PDF)
Educational materials for people with disabilities
Federal Alliance for Safe Homes (FLASH®) is a non-profit consumer advocate for strengthening homes and safeguarding families from natural and manmade disasters.
When Someone Goes Missing:
MedicAlert® + Alzheimer's Association Safe Return® 24/7 Wandering Support for a Safe Return is a 24-hour nationwide emergency response service for individuals living with Alzheimer's or another dementia who wander and get lost, or have a medical emergency. Report a wandering incident: (1) Call 911 (2) Then call 1-800-625-3780, MedicAlert + Safe Return's emergency response line. New
International Center for Missing & Exploited Children
Missing Children Resources U.S. and international organizations Revised
Missing Pets Network sponsored by the USDA Office of Animal Care
Petfinder's Animals And Disaster Relief
U.S. Army Survival Manual FM 21-76 Revised
U.S. States Resources:
National Council on Disability report: The Impact of Hurricanes Katrina and Rita on People with Disabilities Revised
National Council on Disability Emergency Management Publications New
Ohio Emergency Management Agency New
Emergency Preparedness Resources for People with Disabilities in Ohio: Abuse, Neglect and Exploitation, Advance Directives, Assistive Technology, Benefits Counseling, Community Integration, Criminal Justice, Deaf / Hard of Hearing, Developmental Disabilities, Early Intervention, Employment, Guardianship, Housing, Medicaid, Mental Health, Service Animals, Social Security, Special Education, State Budget Resources, Transition Services Planning, Transportation, Veterans With Disabilities, Voting. Updated
Ohio State University, Nisonger Center, Emergency Planner Disability Trainings and Resources, Ohiio Disability and Health Program New
National Storm Shelter Association (NSSA) NSSA was formed in 2001 to ensure the highest quality of manufactured and constructed storm shelters for protecting people from injury or loss of life from the effects of tornadoes, hurricanes and other devastating natural disasters. The association is self-policing to maintain public confidence and respect for the storm shelter industry.
Active weather warnings tornados, hurricanes, floods, and severe storms
NOAA Weather Radio for Deaf and Hard of Hearing, emergency warning for people with hearing loss.
Centers for Disease Control traveler's health information vaccination requirements and cruise ship inspections
Earthquake monitor map real-time seismic monitor
Did You Feel It? Report an Earthquake
Latest Earthquakes Worldwide for the last 48 hours
Significant Earthquakes the past 30 days
California Real Time Earthquake Update
Federal Alliance for Safe Homes (FLASH®): Wildfire preventative measures is a non-profit consumer advocate for strengthening homes and safeguarding families from natural and manmade disasters. Watch the video to learn what preventative steps you can do to prepare for wildfire.
Global Fire Monitoring On Earth, something is always burning. The fire maps show the locations of actively burning fires around the world on a monthly basis, based on observations from the Moderate Resolution Imaging Spectroradiometer (MODIS) on NASA's Terra satellite.
Michigan Tech Volcano Page Updated
U.S. Volcanoes and Current Activity Alerts Updated
USGS Exploring Volcanic Activity and Hazard Notifications
Relief services include resources made available to individuals and communities that have experienced losses due to disasters such as floods, hurricanes, earthquakes, drought, tornadoes, tsunamis, and riots.
Below please find a list of links to learn more about relief.
DisasterAssistance.gov Find Assistance, Apply Online, Check Status
United States Government Benefit Programs Updated
USA.gov Government Benefits
USDA Food and Nutrition Service (FNS) Disaster Assistance
Food Distribution Disaster Assistance
Disaster Supplemental Nutrition Assistance Program (D-SNAP) gives food assistance to low-income households with food loss or damage caused by a natural disaster.
Recovery is the process of returning to normal. Salvage, resumption of business processes, and repair are typical recovery tasks.
FEMA Disaster Recovery Centers. A Disaster Recovery Center is a readily accessible facility or mobile office where applicants may go for information about FEMA or other disaster assistance programs, or for questions related to your case.
Small Business Association (SBA) Emergency Preparedness Resources:
Disaster Assistance injury loans, employment assistance, tax relief assistance. The SBA and USDA provide low interest loans to businesses and individuals to repair or replace real estate, personal property, machinery and equipment, inventory and business assets that have been damaged or destroyed in a declared disaster.
State Government Information Disaster Assistance
Natural disasters displace thousands of homeowners and families every year.
Below please find a list of links to rebuilding/ redevelopment resources that help rebuild lives and homes of families:
Moving Forward: Your Home returning home, cleaning up the damage, rebuilding stronger and safer, rebuilding greener.
FEMA P-320 – Taking Shelter from the Storm: Building a Safe Room for Your Home or Small Business
Guidance on Building Safer
Rebuilding Smarter and Stronger. Mitigation is building or rebuilding to reduce the loss of life, the loss of property and damage caused by (future) disasters.
Cynthia A Lockley
Fellow of the Society for Technical Communication. STC member since June 1979. Director at Large, Washington, DC - Baltimore chapter and webmaster. Past chapter president of the Washington, DC chapter (1998-1999 and 2000-2001). Past webmaster of the STC Accessibility SIG (2001-2016).
Categories: Culture / Community, Safety Tags: disaster, disaster assistance, earthquake, emergency, emergency management, evacuation, fire, flood, food, hurricane, medical, missing adults, missing children, missing pets, rebuilding, recovery, red cross, relief, rescue, safety, tornado, travel, tsunami, volcano
Ability & Disability Sites for Children and Families