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Home My WebLink About2001-06-25 City Council (10)City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE SERVICES DATE:JUNE 25, 2001 CMR: 268:01 SUBJECT:REQUEST FOR APPROVAL OF AGREEMENT BETWEEN THE CITY OF PALO ALTO AND MID PENINSULA ACCESS CORPORATION IN THE AMOUNT OF $79,050 THROUGH DECEMBER 31, 2001 RECOMMENDATION Staff recommends that Council approve and authorize the Mayor to execute the attached agreement with the Mid-Peninsula Access Corporation (MPAC) in the amount of $79,050 for cablecasting services and Public, Education, and Government (PEG) access services. BACKGROUND In 1986, a cable television franchise agreement was executed with Cable Co-op. Subsequently, the City. Council designated MPAC as the Community Access Organization to bring community media services to the franchise service area. Since that time, MPAC has served as the Community Access Organization and the City has continued to invest in its development. In 1999, the Cable Co-op Board of Directors and subscribers approved the sale of Cable Co-op’s system to AT&T. On July 24, 2000 Council approved a transfer of the system from Cable Co-op to TCI Cablevision of California, Inc., dba AT&T Broadband (AT&T), and a new franchise agreement with AT&T. A new n0n-profit, Silicon Valley Community Communications (SVCC), was formed out of the sale and is poised to merge with MPAC... DISCUSSION The City’s current agreement with MPAC expires June 30, 2001. Since the merger between MPAC and SVCC is imminent, staff recommends entering into a short-term agreement with MPAC. This would provide time for the merger to be completed and for a new agreement to be negotiated with the merged entity. CMR: 268:01 Page 1 of 2 The proposed agreement with MPAC is for a 6-month time period with the same scope, terms, and funding levels as exists in the current agreement. It would provide for up to 425 hours of cablecasting services for Council, Council Committee meetings, and Board and Commission meetings at a cost of $29,050. In addition, it would provide MPAC with a total of $50,000 to support the provision of PEG access programming and services. Staff plans to bring forward a new agreement with the.merged entity in late 2001.. The new agreement will substantially augment, the terms of the current agreement with MPAC. It will include a more defined scope of services and will incorporate certain provisions of the AT&T franchise agreement. RESOURCE IMPACT. Funds for this agreement are available in the Administrative Services Department’s 2001- 02 Proposed Budget. These costs are offset by franchise fees paid to the City by AT&T. POLICY IMPLICATIONS This recommendation does not represent a change to the Council practice of funding PEG access services provided by MPAC. ENVIRONMENTAL REVIEW This is not a project under the California Environmental Quality Act. ATTACHMENTS Attachment A: Agreement PREPARED BY: JANI~’~ ~Rt~ELAND Senior Financial Analyst DEPARTMENT APPROVAL:- Direct, Administrative Services CITY MANAGER APPROVAL: EMILY HARRISON Assistant City Manager CMR: 268:01 Page 2 of 2 ATTACHMENT A AGREEMENT BY THIS AGREEMENT MADE AND ENTERED INTO ON THE DAY OF BY AND BETWEEN THE CITY OF PALO ALTO "CITY", AND Mid-Peninsula Access Corporation No, ;DATE TO BE ENTERED 19__ ~BY CITY PURCHASING (ADDRESS) 3200 Park Boulevard ,a (C~TY) Palo Alto (ziP) 94306 (PHONE)659/494-8686 "CONTRACTOR" IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: ¯ CONTRACTOR SHALL PROVIDE OR FURNISH THE FOLLOWING SPECIFIED 1) GOODS AND MATERIALS, 2) SERVICES OR 3) A COMBINATION THEREOF AS SPECIFIED IN THE EXHIBITS NAMED BELOW AND ATFACHED HERETo AND INCORPORATED HEREIN BY THIS REFERENCE: TITLE: (DESCRIPTION) The contractor shall cablecast all City of Palo Alto Council meetings from July 1 through December 31, 2001 as described in Exhibit A, for up to 425 hours for the amount of $29,050, to be paid in 6 monthly payments of $4,841.67. Contingent on approval of the 2000-01 Administrative Services Budget, an appropriation of .$50,000 will be allocated to t~PAC to provide additional funding for .local programming support, to be paid-in monthl.y payment of $8,333.33. ¯EXHIBITS THE FOLLOWING A3-[ACHED EXHIBITS HEREBY ARE MADE PART OFTHIS,AGREEMENT: Exhibit A - Cablecasting Services ¯TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ONJuly 1 ~ 2001 AND SHALL BE COMPLETED BEFORE December 31, 2001 ¯COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: ~ClTY SHALL PAY CONTRACTOR: $4,841.67 monthly for services to be rendered as described above, to a maximum of 425 hours not to exceed $29,050. An appropriation of $50,000 will be paid [] CONTRACTOR SHALL PAY C~TY: in monthly payments of $8,333.33. ¯PAYMENT RECORD (DEPARTMENT USE REVERSE SIDE) ¯CITY ACCOUNT NUMBER: 02432150 3100 $29,050.00 02432150 3100 $50,000.00 GENERAL TERMS AND CONDITIONS ARE INCLUDED ON BOTH SIDES OF THISAGREEMENT. THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY CITY. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRII3EN ABOVE.HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its Council Members, officers, employees, and agents from any and all demands, claims or liability of any nature, including wrongful death, caused by or arising out of CONTRACTOR’S, its officers’, directors’, employees’ or agents’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liability on CONTRACTOR in the performance of or failure to perform this agreement by CONTRACTOR. ENTIRE AGREEMENT. This agreement and the terms and conditions on the reverse hereof represent the entire agreement between the parties with respect to the purchase and sale of the goods, equipment, materials or supplies or payment for services which may be the subject of this agreement. All prior agreements, representations, statements, negotiations and undertakings whether oral or written are superseded hereby. PROJECT MANAGER AND REPRESENTATIVE FOR CITY CONTRA~R NAME Janet Freeland BY ~)~!.~"~’~ ~’~--~,’~..~’~ DEPT, Administrative Services TITLE ~-t~/’~-----7---’*~ P.O. BOX 10250 PALO ALTO CA 94303 Telephone ’650/329-2662 SOCIAL SECURITY OR I.R.S. NUMBER 7 7 "’-~-"~ O ~’~,~ O~-- / ¯INVOICING SEND ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER ¯CITY OF PALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL BOXES BELOW) CIT’~.DEPARTMr-’~’~ ~ Funds Have Been~,~,~~.. J~---J Budgeted I APPROVAL OVER $25,000 ICITY OF PAL0 ALTO INSURANCE REVIEW (2) PURCHASING & CONTRACT ADMINISTRATION (3) APPROVAL OVER $65,000 :ATIEST:APPROVED AS TO FORM: EXHIBIT A Cablecasting Services Mid-Peninsula Access Corporation Mid-Peninsula Access Corporation shall cablecast the following m~etings, up to 425 hours, over the Government Access Channel 16 for Fiscal Year 2000-01: All Palo Alto City Council meetings held in the City Council Chambers or Council Conference Room All Palo Alto Planning and Transportation Commission meetings held in the City Council Chambers or Council Conference Room All Palo Alto Utility Advisory Commission meetings held in the City C~)uncil Chambers or. Council Conference Room ¯All Palo Alto City Council Finance Committee meetings held in the City Council Chambers or Council Conference Room All Palo Alto Policy and Services Committee meetings held in the City Council Chambers or Council Conference Room ¯All Palo Alto Architectural Review Board meetings held in the City Council Chambers or Council Conference Room ¯All Palo Alto Historic Resources Board meetings held in the City Council Chambers or Council Conference Room All Human Relations Commission meetings held in the City Council Chambers or Council Conference Room All Library Advisory Commission meetings held in the City Council Chambers or Council Conference Room " All Parks and Recreation Commission meetings held in the City Council Chambers or Council Conference Room ¯All Public Art.Commission meetings held in the City Council Chambers or Council Conference Room ¯Any special meetings as requested by the Palo Alto City Council or Palo Alto City Manager or her designee, that are held in the City Council Chambers or Conference Room, provided five working days notice is given. Total hours of all the above are not to exceed 425 hours for the compensation of $29,050, to be paid in 6 monthly payments of $4,841.67. s/a~d/real/jf Mid-Pen Exhibit A