HomeMy WebLinkAboutReg 2009-02-02 Item 7 - Ordinance - Amend Ord #1688 Comcast for Cable System FranchiseCAS NUMBER: 09-019
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M 'INFORMATION
ORIGINAL AGENDA DATE: FEBRUARY 2, 2009
AGENDA ITEM TITLE Amend Ordinance No. 1688, Comcast Franchise Agreement for a time extension
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 02/02/09 Mtg Date Mt Date Mtg Date 02/02/09 Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal 1 P& R Police PW
Comcast (formerly Telecommunications, Inc.) was granted a 15 -year non exclusive
Franchise for the construction, operation, and maintenance of a cable system within the
City by Ordinance No. 1688. The agreement needs to be significantly changed and a one
year time extension is needed. The Council is being asked to amend Ordinance No. 1688
with a new expiration date of February 1, 2010.
REVIEWED BY COW Mtg. CA &P Cmte n F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAI'E: 01/27/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMrrI E Unanimous Approval; Forward straight to Regular (time constraint)
COST -FUND SOURCE
AMOUNT BUDGETED
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CORD: =OF -COUNCIL ACTION_
MTG. DATE :ATTACHMENTS
02/02/09 Informational Memorandum dated 01/21/09
Ordinance No. 1688
Ordinance Amendment
Minutes from the Utilities Committee meeting of 01/27/09
ITEM NO.
Mtg Date Mtg Date
APPROPRIATION REQUIRED
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TO:
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
FROM Public Works Direct
DATE January 21, 2009
SUBJECT: Comcast Franchise Aareement
Amend Ordinance No. 1688 for a Time Extension
ISSUE
Approve Comcast Franchise Extension and amend Ordinance No. 1688.
BACKGROUND
DISCUSSION
RECOMMENDATION
Jim Haggerton, Mayor
Comcast, formerly Telecommunications Inc. of Seattle was granted a 15 -year non exclusive
Franchise by the City for the construction, operation, and maintenance of a cable system within
the City by Ordinance No. 1688. Unless the timeline on the franchise agreement is extended,
the franchise agreement will expire on February 1, 2009.
Throughout the Franchise term, Comcast has been a good business partner and has
maintained a professional relationship with the City. Through the Franchise Agreement, the City
received significant benefits; including installation of the City's institutional fiber network, free
cable television services at City facilities and an upgraded cable system infrastructure to
accommodate City Channel 21.
Comcast and the City have begun preliminary discussions for a Franchise renewal. Due to
technological changes and mandates by the Federal Communications Commission (FCC), the
current Franchise Agreement needs to be significantly changed Staff needs more time to
conduct research, evaluate Comcast's proposal and complete negotiations. A one -year
extension on the existing Franchise term to February 1, 2010 will allow staff and Comcast to
complete all tasks associated with the franchise renewal.
The Council is being asked to amend Ordinance 1688 to extend the expiration date to February
1, 2010 and consider this item at the February 2, 2009 Regular Meeting (due to time
constraints).
Attachments: Ordinance No. 1688
Draft Ordinance
PIPROJECTS\Franchisellnfomation Memo- Comcast Franchise Amendment Final.doc
Tukwila
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Ordinance No. 1688
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON EXCLUSIVE
FRANCHISE TO TELECOMMUNICATIONS, INC. OF SEATTLE
FOR THE CONSTRUCTION, OPERATION, AND
MAINTENANCE OF A CABLE SYSTEM WITHIN THE CITY
LIMITS, PROVIDING FOR SEVERABILITY, AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila is authorized to grant nonexdusive franchises for the
operation of cable systems within the City rights -of -way; and
WHEREAS, Telecommunications, Incorporated of Seattle has applied for such a franchise
to construct, operate, and maintain a cable system within the jurisdictional boundaries of
Tukwila; and
WHEREAS, the City has conducted a Community Needs Assessment to determine how
such a franchise can best address the existing cable services needs for public access, education,
and government within the City; and
WHEREAS, a public hearing has been conducted in accordance with the Master Cable
Ordinance (Section 4), during which any and all interested parties were allowed to provide
statements regarding the grant of the franchise rights contained herein; and
WHEREAS, the terms, conditions, and obligations provided herein are necessary to protect
the safety and welfare of the citizens of Tukwila and provide for the cable services needs of the
community;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1: Purpose.
This Ordinance, shall establish a non exclusive Franchise, which constitutes an agreement
between the City of Tukwila (hereinafter the "City and TCI Seattle, Inc. (hereinafter the
"Operator The Operator agrees to construct, maintain, and operate a cable television system for
the distribution of television and other electronic signals pursuant to the terms of this Franchise.
The City agrees to grant the Operator all necessary rights and privileges to use public rights of way
necessary for a cable television system. This agreement shall, as of its effective date, supersede and
replace all existing franchises previously granted by the City of Tukwila to the Operator or any of
its predecessors, subsidiaries or affiliated companies, and shall incorporate all provisions of
Ordinance #/(7, the Master Ordinance, which is hereby made a part of this ordinance by this
reference.
Section 2: Length of Franchise.
The length of this Franchise shall be for a term of fifteen (15) years from
02 through midnight 00
Section 3: Service Area.
The Operator's service area shall be the entire incorporated area of the City of Tukwila, in its
present incorporated form or in any later reorganized, consolidated, enlarged, or re- incorporated
form.
Page 1
Section 4: Franchise Fee.
The Operator shall pay to the City quarterly, on or before the thirtieth (30th) day of each
January, April, July and October, a sum equal to five percent (5 or greater of gross revenues, for
the preceding three calendar months, as defined in Ordinance /(p g7 Revenues that are derived
as a portion of a national or regional service shall be computed on a per subscriber basis if such
determination cannot be achieved by other means.
The City may raise the franchise fee, if so permitted by Federal and State law. Prior to
implementation of any increase in franchise fees the Operator may request a public hearing by the
City Council to discuss said increases. Following such a hearing the City Council may require the
implementation of such increase in accordance with the provisions of this Ordinance.
(a) Late Payment. Any quarterly franchise fee not paid by the Operator within thirty (30)
days of the end of a quarter shall bear interest at the rate of twelve percent (12 per annum
or whatever maximum amount is allowed under State law, whichever is greater, from the due
date until paid.
(b) Financial Reports. Each franchise fee payment shall be accompanied by a financial report
on a form provided by the City showing the basis for the Operator's computation and
separately indicating revenues received by the Operator within the City from basic service,
pay TV service, other applicable sources of revenue, and such other information directly
related to confirming the amount of the Operator's gross revenues as may be reasonably
required by the City.
(c) Audit bv The City shall have the right, upon reasonable notice or no less than two
(2) working days, to inspect the books and records of the Operator during normal business
hours, for the purpose of ascertaining the actual gross revenues collected by the Operator. In
the event that such audit discloses a discrepancy of more than ten percent (10 between the
financial report submitted by the Operator with a quarterly payment and the actual gross
revenues collected by the Operator, the Operator agrees to pay to the City the costs of such
audit. In the event that such audit results in a determination that additional franchise fees are
due the City, the Operator further agrees to pay any additional franchise fees plus interest as
required for late payment on such additional franchise fees, computed from the date on which
such additional franchise fees were due and payable.
(d) Non waiver. Acceptance of any franchise fee payment by the City shall not be construed
as an agreement by the City that the franchise fee paid is in fact the correct amount, nor shall
acceptance of payment by the City be construed as a release or waiver of any claim the City
may have for further or additional sums payable under the provisions of this Ordinance.
(e) Taxes. Nothing in this Section shall limit the Operator's obligation to pay applicable local,
State, or Federal taxes.
Section 5: Future Provisions
The City and the Operator acknowledge that the City should be provided with a cable
system that has at least the same general capabilities and capacity as those provided other cities
served by the Operator in the King- Pierce Snohomish County area of the State of Washington.
The City may, at its discretion, require that the Operator provide such interactive services as
addressability, security, computer interaction, banking, shopping, voice and data transmission,
High Definition Television (HDTV), fiber optic and other such features, as well as upgrades
capable of carrying at least fifty -four (54) channels, within twenty -four (24) months of any of the
following occurrences:
Provision by the Operator of any of the same services identified above to a preponderance
of the system;
(a) Within the City of Seattle system; or,
(b) Within any community adjacent to Tukwila; or,
(c) In forty percent (40 of the municipalities in the King, Pierce, and Snohomish Counties.
Notwithstanding the above, the Operator shall complete the upgrade to fifty -four (54)
channels, provide the facilities in Section 8 Regional Public Access, and have the capability of
implementing these enhanced services within forty -eight (48) months from the effective date of
this franchise.
Prior to implementation of any such service, the Operator may request a public hearing by
the City Council, to discuss the benefits of said features to the citizens of the City. Upon a
finding by the City Council that such features are reasonably required to meet community needs,
taking into consideration the expense of providing such services and the potential costs to
Page 2
subscribers, the City Council may require the implementation of such features in accord with the
provisions of this agreement. If the Council deem it necessary, it may, at its own option by a
majority vote, extend the time requirements established in this section.
Section 6: Access Channels
Upon completion of the upgrade conditions the City shall be provided with three (3) access
channels, one of which shall be capable of broadcasting live from City Hall. The City may
initially share a common public access channel with other communities, however, the City may
elect, at its option, to provide programming over an individual public access channel for the
City's sole use.
Additional channels over and above the three (3) designated channels shall be made
available for Public access, Education and Government (PEG) or City purposes when any of the
three (3) designated channels is in use for access purposes with programming during fifty
percent (50 of the hours between 10:00 a.m. and 10:00 p.m., during any consecutive ten (10)
week period. The Operator shall, within six (6) months following a request by the City, subject to
the restrictions above, provide another designated access channel for this purpose.
The Operator shall continue to provide additional channels under the same conditions
described above. Programming on additional channels shall be distinct and non repetitive of the
previous channel. If additional channels are designated for community use, but, after one year,
such channel(s) are not utilized at least twenty-five percent (25 of the hours between 10:00 a.m.
and 10:00 p.m. with programming, the access users will, within six (6) months of receiving
written notice from the Operator, group their programming into one contiguous block of time of
their choosing. The remaining broadcast time on such channel shall then revert to the Operator
for its unrestricted use within the terms and conditions of this ordinance.
Contributions to PEG access will not be considered in lieu of a franchise fee or other
obligations to the City.
Section 7: Government Access Eouivment
The Operator shall provide, maintain, and install the necessary equipment for local
government cablecasting within twelve (12) months of a request of the City, unless extended by
mutual written agreement. Such equipment shall not be less in quantity nor equivalent quality
than those listed in Appendix A, and all pieces shall be in new or like new condition.
Section 8: Regional Public Access
The Operator, upon completion of the upgrade or by the expiration of the forty-eight (48)
month period as prescribed in Section 5 Future Provisions, shall provide, maintain and operate a
regional public access studio to serve South King County at a location mutually agreeable to all
parties. Such facilities shall be subject to approval by the City as suitable. Such approval shall
not be unreasonably withheld.
Section 9: Institutional Networks
Upon completion of the cable system upgrade the Operator's system shall have the capability
of bi- directional Institutional Networks for educational and public safety communications. An
entity desiring activation of such feature(s) will provide the City Council demonstrated need of
such use.
Prior to implementation of any such service the Operator may request a public hearing by
the City Council, to discuss the benefits of said features to the citizens of the City. Upon a
finding by the City Council that such features are reasonably required to meet community needs,
taking into consideration the expense of providing such services and the potential costs to
subscribers, the City Council may require the implementation of such features in accord with the
provisions of this agreement.
Section 10: Emergency Override
Upon completion of the system upgrade subject to the conditions of Section F5, Future
Provisions the Operator shall make provisions for an emergency alert system. The Operator shall
establish a process which will provide a character generated scroll and will make its best effort to
furnish a voice override notifying viewers and listeners of an emergency. Subject to Federal and
State laws and regional planning authorities, control of these emergency override facilities shall
be the responsibility of the City. The City shall hold Operator, its agents, employees, officers,
and assigns harmless from any claims arising out of the emergency use of its transmitting
Page 3
facilities by the City. The City, at its option may elect to share this service with adjoining
communities.
Section 11: Emergency Power
Operator shall provide a standby power system to automatically activate equipment at the
headend and hubs, if applicable, in event of a primary electrical failure.
Section 12: Coverage.
The City shall be provided with cable television service in the entire Franchise area. If such a
condition does not now exist, the Operator shall complete such wiring and be in a position to offer
cable reception to all residents within twelve (12) months from the grant of the Franchise. Areas
subsequently annexed shall be provided with cable availability within twelve (12) months, subject
to the terms in Section F14 Extraordinary Installation.
Section 13: Cable Availability
Cable service shall not be denied to any group of potential residential cable subscribers
because of the income of the residents of the local area in which such group resides.
Section 14: Extraordinary Installation
All residents requesting cable service and living within one hundred fifty (150) feet of existing
cable distribution lines shall have the cable installed at the prevailing published installation rate.
In the event a request is made for service and the residence is more than one hundred fifty
(150) feet from an existing cable distribution line, such installation shall be completed on a time
and material cost basis for that portion of the service line extending beyond one hundred fifty (150)
feet.
Section 15: Distribution Line Extension Charges
Cable Service shall be available to all residents within the City provided there are at least
thirty five (35) dwelling units per street mile.
In the event a request is made for service by a resident(s) living in an area not meeting such
criteria, the Operator shall enter into a contractual agreement with the resident(s) requesting
service wherein the Operator shall be reimbursed for its construction costs. Whenever any
subsequent subscriber who did not contribute to the original cost of the extension connects to the
extended distribution service line, that subscriber shall pay his /her pro rata share directly to the
Operator prior to obtaining cable service. The Operator shall then promptly tender such payment
to the original subscriber so long as the agreement remains in force.
Reimbursement shall be calculated on a front foot basis as a percentage of the total cost of the
service line extension. Reimbursements shall be made to the original subscriber for a period of up
to five (5) years or to the point when the Operator has recovered its incremental costs to construct
the distribution service line.
The Operator may, at its option, record its contractual agreement with the original subscriber
in the office of the King County Recorder prior to the time any subsequent subscriber connects to
the extended service line.
Section 16: Public Buildings.
The Operator shall provide without charge for installation or monthly rate, basic service, one
outlet, and converter, if needed, at such public buildings and schools as specified in Appendix "B"
and "C" as well as other such buildings that may be constructed during the period of the Franchise
that are passed by cable and within one hundred fifty (150) feet of the trunk or distribution system.
Section 17: Penalties.
The City shall notify the Operator in writing stating the nature of a perceived deficiency in the
operation of the cable system and setting forth the time the Operator will be allowed to rectify such
alleged improper condition. The Operator may request an extension of time if construction is
suspended or delayed by the City, or where unusual weather, acts of God (e.g. earthquakes, floods,
etc.), extraordinary acts of third parties, or other circumstances which are reasonably beyond the
control of the Operator, delay progress.
Page 4
The Operator shall not, through its own actions or inactions, substantially contribute to the
delay and the amount of time allowed shall be reasonable as determined by the City. The
extension of time in any case should not be less than the extent of the actual delay experienced by
the Operator in such cases where the City finds that the delay was beyond the control of the
Operator.
Failure of the Operator to correct these deficiencies, except in those circumstances cited above,
may result in the City calling a hearing to determine if penalties should be imposed upon the
Operator or if a material violation of the franchise has occurred.
If, following such hearing, it is determined by the City Council that the Operator has failed to
comply with the schedule set forth in the Franchise, monetary penalties shall be imposed as set
forth below for each day beyond thirty (30) days that the Operator has not fulfilled the
requirement(s) for:
a. Upgrade improvements and regional PEG facilities required by Section 5 Future
Provisions and Section 8 Regional Public Access, $200.00 per day;
b. Equipment and channels committed by the Operator to the City for access purposes as
well as I -Net activation. Sections 6 Access Channels; 7 Government Access Equipment and 9
Institutional Networks, $200.00 per day; or,
c. Coverage of annexed areas where such is not completed as required by Section 12
Coverage, $200.00 per day.
Any late payment of these penalties shall be subject to the provisions of Section 4 Franchise
Fee, subsection (a) Late Payment, contained herein.
Monetary penalties may be assessed retroactive to the date that notification was provided to
the Operator in such cases where the Operator has been non responsive in correcting the situation
or in the case of flagrant violations.
Termination of the Franchise pursuant to the procedure outlined in Section 32 Removal
Abandonment of Property of Franchisee of Ordinance No.M27 may be imposed for any violation
of one or more of the above listed items. The Operator and the City agree that any of the above
described violations, unless excused, or not corrected by the Operator within the time allotted,
shall constitute failure to comply with a material provision of the Franchise.
No penalty, bond, forfeiture, or termination shall be imposed for delays where such delays are the
result of causes beyond the reasonable control and /or without substantial fault or negligence of
the Operator, as reasonably determined by the City.
Section 18: Independent Contractors.
This agreement shall not be construed to provide that the Operator is the agent or legal
representative of the City for any purpose whatsoever. The Operator is not granted any express or
implied right or authority to assume or create any obligation or responsibility on behalf of or in the
name of the City or to bind the City in any manner or thing whatsoever.
Section 19: Entire Agreement.
This agreement, including the Master Cable Ordinance and exhibits that are attached hereto
and incorporated herein by reference represents all of the covenants, promises, agreements, and
conditions, both oral and written, between the parties. However, the City reserves the right to
waive any of these sections without affecting the applicability of other sections not so specifically
waived. Waiver of any Franchise requirement or Ordinance Sections by the City shall be in writing
in order to be effective.
Section 20: Successors or Assigns.
This Franchise Agreement, including all addenda, and the City's Master Cable Ordinance shall
be binding on the Operator, its heirs, successors, and assigns.
Section 21: Acceptance.
This grant of Franchise and its terms and provisions shall be accepted by the Operator by the
submission of a written instrument, executed and sworn to by a corporate officer of the Operator
before a Notary Public, and filed with the City Clerk within sixty (60) days after the effective date
of this Franchise. Such instrument shall evidence the unconditional acceptance of this Franchise
and the promise to comply with and abide by all its provisions, terms and conditions.
Page 5
Section 22: Effective Date.
This Ordinance shall take effect five (5) days from the date of publication, following adoption
by City Council. The Franchise granted by this Ordinance shall not become effective until the
Operator files written acceptance thereof.
Section 23: Severabilitv.
Each section, subsection or other portion of this Ordinance shall be severable and the
invalidity of any section, subsection, or other portion shall not invalidate the remainder.
Section 24: Notice.
Written notices shall be deemed to have been duly served if delivered in person to the
individual or entity for whom it was intended, or if delivered at or sent by registered or certified
United States mail to the last business address known to the party who gives the notice.
All notices and requests shall be addressed to the City of Tukwila and the Operator as
follows:
CITY:
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this C2 51 day of, ,1994.
ATTEST /AUTHENTICATED:
ne E. Cantu, City Clerk
APPROVED AS TO FORM:
By C
Office of the City Attorney
FILED WITH THE CITY CLERK: //c=
PASSED BY THE CITY COUNCIL: //.2 y S l ag
PUBLISHED: .28-15
EFFECTIVE DATE: 2-.2- TY
ORDINANCE NO.: gg
franchis.doc
OPERATOR:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
TCI Seattle, Inc.
15241 Pacific Hwy. S.
Seattle, WA 98188
ADDITIONAL NOTICE: TCI of Washington, Inc.
Attn: Legal Department
P.O. Box 5630
Terminal Annex
Denver, CO 80217
W. Rants, Mayor
Page 6
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON; AMENDING ORDINANCE NO. 1688, SECTION 2, LENGTH
OF FRANCHISE, TO GRANT A CABLE TELEVISION SYSTEM FRANCHISE
EXTENSION TO COMCAST OF WASHINGTON IV, INCORPORATED;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, on January 24, 1994, the City of Tukwila passed Ordinance No. 1688,
which went into effect on February 2, 1994, granting a 15 -year, non exclusive Franchise to
construct, operate, and maintain a cable system within the City rights -of -way, to
Telecommunications Incorporated of Seattle (TCI); and
WHEREAS, the legal name of the cable system operator changed from TCI to Comcast
of Washington IV, Incorporated (Comcast); and
WHEREAS, the City has determined the need for a one -year extension to evaluate
Comcast's franchise renewal proposal, and complete negotiations; and
WHEREAS, neither party waives any right which it enjoys under Taw as a result of
agreeing to this extension;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Length of Franchise Extended. Ordinance No. 1688, dated January 24, 1994,
which grants a Franchise to Comcast of Washington IV, Incorporated, and sets forth the
terms and conditions of said Franchise to construct, operate, and maintain a cable system
within Tukwila City limits, is hereby amended by granting a one -year extension to extend
the length of the Franchise to a term of 16 years, from February 2, 1994 through 12:00
midnight, February 1, 2010.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not• affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force five days after
passage and publication as provided by law.
Section 4. Written Acceptance. Comcast shall accept this ordinance in its entirety in
writing within 30 days of the effective date. Failure to provide written acceptance within
such time shall render this ordinance voidable.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2009.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY
Office of the City Attorney
1908
City of Tukwi_a
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
C: \Documents and S \All Use's \Desktop\ Kelly \MSDATA \Ordinances \Comcast Franduse.doc
1/28/2009
Page 1 of 1
U'i'1LI'1' COMMITTEE
Meeting Minutes
January 27, 2009 5:00 p.m. Conference Room 41
PRESENT
Councilmembers: Kathy Hougardy, Chair; Pam Linder, and Dennis Robertson
Staff: Jim Morrow, Frank Iriarte, Bob Giberson, Pat Brodin, Ryan Larson and Kimberly Matej
CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:02 p.m.
I. PRESENTATIONS
No Presentations.
City of Tukwila
Utilities Committee
II. BUSINESS AGENDA
A. Comcast Franchise Afreement
Staff is seeking full Council approval to amend Ordinance Number 1688, providing a one -year time
extension to the City's franchise agreement with Comcast, foonerly known as Telecommunications Inc.
of Seattle.
This 15 -year non exclusive franchise agreement between the City and Comcast is for the construction,
operation and maintenance of a cable system within the City. The current agreement is set to expire on
February 1, 2009, and staff is currently in discussions with Comcast regarding terms and conditions of a
new franchise agreement. Due to concerns with changing technology and FCC mandates, staff is
requesting additional time to negotiate a new agreement.
Due to the current agreement expiring on February 1, 2009, staff is requesting this item go directly to the
February 2 Regular meeting for consideration and action. UNANIMOUS APPROVAL. FORWARD
TO FEBRUARY 2 REGULAR MEETING.
B. 2009 Annual Small Drainage Program Consultant Selection and Agreement
Staff is seeking approval to enter into a consultant agreement with KPG, Inc. in the amount of
$58,584.86 for design services for the City's 2009 Annual Small Drainage Program. KPG was chosen
from the City's consultant roster (Municipal Research and Services Center Rosters).
Three projects have been identified for construction in 2009 through maintenance and citizen complaints.
Sites 1 and 3 have been on the construction list for several years, and Site 2 was recently identified and is
causing property damage. Through this design services agreement, KPG, Inc. will be able to tell the City
the most cost effective way to approach and construct this project. KPG has worked with the City on the
City's Small Drainage Program since 1991. Staff will return to the Committee for program bid award at a
later date. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 9 COW FOR DISCUSSION.
III. MISCELLANEOUS
Meeting adjourned at 5:35 p.m.
Next meeting: Tuesday, February 10, 2009 5:00 p.m. Conference Room No. 1.
Committee Chair Approval
Minufby