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Home My WebLink About2001-12-17 City Council (5)City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL 9 FROM:CITY MANAGER DEPARTMENT:ADMINISTRATIVE SERVICES DATE: SUBJECT: DECEMBER 17, 2001 CMR:451:01 REQUEST FOR APPROVAL OF AGREEMENT BETWEEN THE CITY OF PALO ALTO AND MIDPENINSULA COMMUNITY MEDIA CENTER, INC. THOUGH JUNE 30, 2002, IN THE AMOUNT OF $79,050 RECOMMENDATION Staff recommends that the City Council approve and authorize the Mayor to execute the attached agreement with Midpeninsula Community Media Center, Inc. in the amount of $79,050 for cablecasting and Public, Education, and Government (PEG) access services. BACKGROUND In 1983, a Joint Powers Agreement (JPA) was entered into by Palo Alto, Menlo Park, East Palo Alto, Atherton, and portions of San Mateo and Santa Clara counties for the purpose of obtaining cable television services for residents, businesses, and institutions within these jurisdictions. The JPA gives Palo Alto the sole authority to grant and administer a cable television franchise on behalf of the member communities. In 1986, a cable television franchise agreement was executed with Cable Co-op. Subsequently, the City Council designated Midpeninsula Access Corporation (MPAC) as the Community Access Organization (CAO) to bring community media services to the JPA service area. Since that time, MPAC has served as the CAO for the JPA 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, the City Council approved a transfer of the cable system from Cable Co-op to AT&T and a new franchise agreement with AT&T. As a condition of the sale, AT&T made a charitable donation of $17 million to Silicon Valley Community Communications (SVCC), a new public benefit corporation established by Cable Co-op. Since its establishment, SVCC and MPAC were actively engaged in merger discussions and a merger of these entities occurred on September 25, 2001. Under the merger, MPAC is the surviving organization and was renamed CMR: 451:01 Page 1 of 3 Midpeninsula Community Media Center, Inc. After fulfilling all legal and regulatory conditions necessary to effect the merger, on October 22, 2001, Council approved a resolution designating Midpeninsula Community Media Center, Inc. as the CAO serving the JPA. DISCUSSION Following the Council designation of Midpeninsula Community Media Center, Inc. as the CAO, staff began negotiating a new CAO agreement. The City’s existing CAO agreement expires December 31,2001. The new agreement will substantially augment the terms of the current CAO agreement. It is anticipated that the new agreement with Midpeninsula Community Media Center, Inc. will have an expanded scope of services to include: 1) facility and equipment requirements that currently exist in the City/SVCC agreement; 2) increased responsibilities related to government and educational programming; 3) JPA involvement in the development of annual plans and budgets; 4) programming of City of Palo Alto special events, programs and activities; and 5) incorporation of certain provisions of the AT&T franchise agreement. Staff hoped to bring forward the new agreement with Midpeninsula Community Media Center, Inc. in late 2001, prior to the expiration of the existing agreement. Unfortunately, due to the recent merger and Midpeninsula Community Media Center’s desire to conduct long-term financialplanning prior to finalizing the agreement, it is not possible to complete negotiations before the end of the calendar year. Accordingly, staff is requesting approval of a short-term agreement with Midpeninsula Community Media Center, Inc. to provide time for the new agreement to be finalized. The proposed agreement with Midpeninsula Community Media Center, Inc. is for 6 months, with the same funding levels and terms that exist in the current agreement. The scope has been modified to be consistent with the anticipated changes in the new agreement. It provides for up to 500 hours of cablecasting services for Council, Council Committee, and Board and Commission meetings at a cost of $29,050, an increase of 75 hours at no additional cost. In addition, it provides Midpeninsula Community Media Center, Inc. with a total of $50,000. In the past this money has been used for PEG access programming and services at the CAO’s sole discretion. This money will now be used to support governmental channel administration and programming of Palo Alto special events, programs and activities. Currently, City of Palo Alto staff administers programming on government Channel 26. In the proposed agreement, these responsibilities will transition to the CAO. This involves programming acquisition and scheduling, publication of the program guide and maintenance of the scrolling cable text. Staff plans to propose utilization of cable settlement funds to purchase the necessary equipment to support this change in responsibility. The cable settlement funds were paid to the City as part of the franchise renewal process to reimburse Palo Alto for the costs it incurred in renewing the cable franchise. CMR: 451:01 Page 2 of 3 RESOURCE IMPACT Funds for this agreement are available in the Administrative Service Department’s 2001- 02 Budget. These expenditures are offset by franchise fee revenues paid to the City by AT&T. With the 2001-02 Midyear Report, staff plans to propose the utilization of AT&T settlement funds to purchase the equipment necessary for Midpeninsula Community Media Center, Inc. to perform government channel administration duties. POLICY IMPLICATIONS This recommendation does not represent a change to the Council practice of funding PEG access services provided by the Community Access Organization. ENVIRONMENTAL REVIEW This is not a project under the California Environmental Quality Act. ATTACHMENTS Attachment A: Agreement PREPARED BY: DAVID RAMBERG IT Manager, External Services DEPARTMENTAL HEAD APPROVAL: CITY MANAGER APPROVAL: -CARL YEA/~S Director, Jdministrative Services EMILY HARRISON Assistant City Manager CMR: 451:01 ..Page 3 of 3 8.1797 KA~ sMm.I BUSINESS ~, ~ (408) 926-3676, FAX: (4081926-2472 AGREEMENT No. J’DATE TO BE ENTEREDBY THIS AGREEMENT MADE AND ENTERED INTO ON THE DAY OF 19__ [BY CITY PURCHASING BY AND BETWEENTHE CITY OF PALO ALTO "CI’T’Y~’, AND (ADDRESS) "~.~_~ "~t}--~’~"t~ ~’ I~V~(Cl~ ~ ~ ~(ZIP) ~ ~ ~ (PHONE)~" "CONTRACTOR" ~N CONSIDE~TION OF ~EIR MUTUAL COVENA~S, THE PARTIES HER~O AGREE AS FOLLOWS: ~ CONTRACTOR SHALL PROVIDE OR FURNISH ~E FO~OWlNG SPECIFIED 1) GOODS AND MA~RIALS.~SERVICES OR 3) A COMBINATION THEREOF AS SPECIFIED IN THE EXHIBITS NAMED BELOW AND A~ACHED HER~O AND INCORPO~D HEREIN BY THIS REFERENCE: TI~E:(DESORIP~ON) ~ ~~~ ~ ~~, ~ ~ ~ ~ ~ ~ ~~S ¯ EXHIBITS ~e FO&OW~,~,C.EO ~.~a~s HEREBY ARE MADE PART OF ~IS AGREEME~: ¯ TERM THE SERVICES AND/OR MATERIALS FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON AND SHALL BE COMPLETED BEFORE _"~"u,.,~ ~-~,3 .,~..~)r~_ ¯ COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT:--’ --¢.~tJ ~t-~/ ~" ¯PAYMENT RECORD (~E~,~E~ USE a~E~SE S~e} ¯CITY ACCOUNT NUMBER: IKEY CODE OBJECT [ PROJECT PHASE NO. DOLLAR AMOUNT GENERAL TERMS AND CONDITIONS ~ ~c~o~o o~ eO~H StOES OF l~tS ~S~I. ~IS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY 61~. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT ~E DAY, MON~, AND Y~R FIRST WRI~EN ABOVE. BBLB NAB~LE8S. CONTRACTOR agrees to indemni~, defend and hold harmless Ol~, its Council Member, officers, employees, and agents from any and all demands, claims or liabili~ of any nature, including wrongful death, caused by or arising out of CONT~CTOR’S, ~s office~’, directors’, employees’ or agents’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liabili~ on CONTRACTOR in the pe#ormance of or failure to peffo~ this agreement by CO~CTOR. E~RE AGREEMENT. This agreement end the term8 ~nd ¢onditions on the reverse hereof represent the entire agreement be~een the pa~ies with respect to the purchase and sale of the goods, equipment, materials or supplies or payment for sewices which may be the subject of this agreement. All prior agreements, represen~tions, s~temen~, negotiations and unde~akings whether o~1 or walden are superseded hereby. ¯PROJECT MANAGER AND REPRESENTATIVE FOR CITY NAME DEPT. P.O. BOX 10250 PALO ALTO, CA 94303 Telephone L~ ~0- ~ SOCIAL SECURITY 7 7-oo OR LR.S. NUMBER ¯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) EXttlBIT A Cablecasting Services Mid-Peninsula Access Corporation Mid-Peninsula Access Corporation shall cablecast the following meetings, up to 500 hours, over the Government Access Channel 26 for Fiscal Year 2001-02 (January - July, 2002): 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 Council 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 his 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 500 hours for the compensation of $29,050, to be paid in 6 monthly payments of $4,841.67. Cable Services Estimated Hours Exhibit B Government Channel Administration Channel scheduling acquisition Publicity Video playback/tape setup Video retrieval/transportation Maintenance of cable scroll/cablecasting Advertising costs Equipment repair costs Preventative maintenance Palo Alto Specific Production Monthly magazine show Town hall meetings Wrap-up videos of town hall meetings Estimated Hours Hourly Rate Total 72 58 4,176 12 58 696 12 58 696 72 58 4,176 240 58 13,920 18 58 1,044 12 58 696 6 58 348 444 $25,752 266 58 15,432 38 58 2,204 1!4 58 6,612 418 $24,248 Total 862 $50,000