HomeMy WebLinkAboutCOW 2003-12-08 Item 4F - Agreement - Cable Television Consultant with 3-H Cable Communications14 COUNCIL AGENDA SYNOPSIS
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CAS Number: 03-162
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M INFORMATI
Original Agenda Date: December 8, 2003
Agenda Item Title: 3 -11 Cable Communications Consultant's Contract Renewal
$11,782.00
000.13.528.800.41.00 Cable Franchise Service
Action
Contract with 3 -H Cable Communications Consultants
Utilities Committee Meeting Minutes from December 2, 2003
ITEMNO.
Public Works
The consultant services agreement between the City and 3 -H Cable Communications
Consultants expires December 31, 2003.3 -11 Cable has signed a renewal agreement to provide
technical support and accomplish critical tasks associated with the TCI Cablevision franchise
(a/k/a AT &T Comcast) during the year 2004. All terms and conditions remain the same and
there has only been a 1.8% CPI increase in the fixed cost of the consultant's contract.
Forward to Consent Agenda and approve authorization of Mayor's signature.
Same as sponsor.
NDIC ES ty t
Attachments
Information Memo dated November 25, 2003
To: Mayor Mullet
From: "Public Works Director
Date: November 25, 2003
Subject: 2004 Contract for 3 -11 Cable Communications Consultants
ISSUE
The consultant services agreement between the City and 3 -11 Cable Communications
Consultants expires December 30, 2003. 3 -11 Cable has signed an agreement to provide
technical support and accomplish tasks associated with the cable franchise during calendar year
2004.
BACKGROUND
INFORMATION MEMO
3-11 Cable has provided technical assistance to the City in matters relating to the franchise
agreement between the City and TCI Cablevision of Washington, Inc., a /k/a AT &T/ Comcast
Corporation. 3 -H Cable has played a key role in the collection of franchise fees, audit of
City's subscriber base, verification of franchisee's compliance with the Cable Television
Consumer Protection and Competition Act, and resolution of citizen complaints.
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Staff has analyzed the proposed contract and determined that it is legally acceptable and that it
contains terms and conditions most beneficial to the City and its citizens. 3 -H Cable has been
responsive to all citizen inquiries /complaints regarding cable television services and has kept
staff apprised of cable rate changes and FCC rulings.
3 -11 Cable's consultant services fee is fixed at $11,782.00. This fee is reasonable and within
projected budget guidelines.
RECOMMENDATION
Given the importance of 3 -11 Cable's services to the City and past performance, recommend
that City renew the attached agreement in the amount of $11,782,00.
Fl:ad
attachment: 2004 Cable Television Consultant Services Agreement
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CABLE TELEVISION CONSULTANT SERVICES AGREEMENT
This Agreement made and entered into this 1st day of January, 2004 through
December 2004 by and between 3 -H Cable Communications Consultants (hereinafter
"Consultant and the City of Tukwila, a municipal corporation organized and existing
under and by virtue of the laws of the State of Washington (hereinafter "City The terms
"franchise agreement "Ordinance "Ordinances and "franchise ordinance" shall refer to
Tukwila's Master Cable Television Ordinance and its Cable Television Franchise
Agreement.
CONSULTANT AND CITY, FOR THE CONSIDERATION HEREINANI'ER
SET FORTH, PROMISE, COVENANT AND AGREE AS FOLLOWS:
I. Project and Scone of Work: Consultant shall do, perform, or cause to be done and
performed in a good and professional manner the following described work in accordance
with all applicable state, federal and City laws, in a workmanlike manner consistent with
accepted practices for other similar services. This contract shall be governed by the laws of
the State of Washington.
A. Performance Analysis. Consultant shall inspect and analyze the technical and
operational effectiveness of the City's present cable television franchise. A report of such
findings shall be made to the Mayor or his designee upon the determination by the
Consultant that non compliance with the City Ordinance and/or FCC regulations exists.
B. Ungrade Evaluation. Consultant shall inspect and verify that all features
proposed by the cable operator and duly adopted by ordinance are constructed and/or
performed in a workmanlike manner on a timely basis. This will include, but not be limited
to such items as type and quality of new components, workmanship of new construction,
line extension density, system leakage, channel capacity, local access equipment, public
connections, rates and programming. A report of any deficiencies discovered will be made
immediately to the Mayor or his designee.
C. Consumer Protection and Comnlaints. Consultant shall assume responsibility
for reviewing and promptly responding to all public inquiries regarding cable television
services. Consultant shall make every effort to bring such inquiries of complaints to a
satisfactory conclusion by negotiation with the cable operator whenever possible. On -site
inspection of areas of dispute will be performed when necessary for reconciliation between
the citizen and the cable operator.
D. Senior Citizen/Disabled Person Discounts. Consultant shall be responsible for
certifying to the cable operator(s) that applicants meet age and income limitations
incorporated in Washington State guidelines.
E. Ordinance Comnliance. Consultant shall monitor time or other triggering
criteria when appropriate that will permit the City to request additional non entertainment
features such as Public, Educational and Government (PEG) access and implementation of
Institutional Networks (I- Nets). Additionally consultant will analyze and prepare reports
on such periodic reports from the operator thay may be required by the Franchise
Agreement.
F. Comnliance With the Cable Television Consumer Protection and
Cmmnetitinn Act of 1992. Analyze cable operator's initial and subsequent submissions
and justifications for determination of maximum permitted rates for regulated cable
services, FCC benchmark tables and other FCC guidelines including, but not limited to,
generally accepted accounting principles, justifications of cost of services, external pass
through and, if appropriate, GNP -P1 configurations.
Based upon these assessments and consistent with FCC regulations, Consultant
shall advise Tukwila to either:
1. Approve submitted rates.
2. Disapprove in whole or in part and either:
a. Order a refund.
b. Prescribe reasonable rates.
This function shall also include verifying operator adherence to FCC regulations
such as carriage, positioning and must -carry restrictions as well as consumer relation
minimums and mandated technical specifications. Consultant will also recommend fines or
monetary forfeitures if allowable or appropriate in event of non compliance.
G. Documents. Consultant shall assume responsibility for the development and
maintenance of current system maps showing the status of upgrading and locations of such
efforts and other projects. Consultant shall maintain records of subscriber charges, channel
allocations, performance tests, citizen's complaints as well as all other franchise records.
H. Access Utilization. Consultant shall review the status of citizen, educational
and governmental use of the access channels provided. Such review will include the
monitoring of the availability of such channels, time allocations provided for such use, and
equitable sharing arrangements made by the franchisee.
I. Collection of Franchise Fees. Consultant shall determine through comparative
analyses and audits, if required, that the franchisee is paying fully such fees as mandated
by ordinance. Consultant shall follow up on delinquent payments if necessary, in order to
ensure prompt and complete payment of such fees on a timely basis.
J. Bond and insurance. Consultant shall maintain a complete record of all bonds
and insurance required by the franchise ordinances. Consultant shall immediately advise
the City of any default of any such requirements. Consultant shall monitor performance
bonds to make recommendations, if necessary, to the City of any cause to exercise City
options in the case of non performance.
K. FCC Regulations. Consultant shall maintain and update a file of FCC
regulations as they pertain to municipal franchise procedures. Consultant shall advise the
City as to any significant change or modifications to these or any other Federal or State
legislation applicable.
L. Newsletter. Consultant shall furnish appropriate members of the City
government with a quarterly newsletter. This publication shall provide news and
information of present and contemplated issues that may affect municipal cable television
administration.
M. Annual Renorts, Consultant shall furnish a report to the City not less than once
in a 12 month period, reviewing, analyzing and commenting upon activities in this field
during this period.
N. Other Renorts. Consultant shall prepare reports on other matters of importance
to cable television franchise administration as they occur. These will include, but not be
limited to, such items as changes in federal or state law, technological improvements
effecting cable operations, financial information pertinent to the local system, new
programing and similar developments.
II. Duration of Services: The term of this contract shall begin upon the date of
acceptance aforementioned and shall expire on the last day of the 12th month
following such date.
III. Fee for Consulting Services: For the performance of all services described,
including transportation, lodging, meals and incidental expenses the City shall pay
the Consultant a fixed fee of Eleven Thousand Seven Hundred Eighty -two Dollars
and Zero Cents. ($11,782.00).
IV. Invoicing Procedure: Invoice shall be presented to the City by the Consultant on a
quarterly basis. The first payment will be payable at the first of the month
following the date of the effect of this agreement. Subsequent invoices for the
quarterly charge will be submitted by the Consultant every ninety (90) days
thereafter and payment will be made within thirty (30) days of presentation of the
invoice.
V. Termination by the City_ If the City decides to cancel the project, or if the
Consultant does not perform to the satisfaction of the City, or if Consultant refuses
or fails to provide required assistance or otherwise violates a provision of this
contract, then the City may recommend that sufficient cause exists to justify such
action and may, without prejudice to any right or remedy of Consultant, after giving
Consultant five (5) days' written notice terminate this contract and take possession
of all records and data pertaining to this project.
VI. Successors and Assigns: The City and the Consultant each binds himself to the
other party hereto in respect to all covenants, agreements, and obligations contained
in this contract. Neither party to the contract shall assign the contract or sublet it, in
part or as a whole, without the written consent of the other.
VII. Independent Contractor: It is understood and agreed that the Consultant is, and
shall be, acting at all times as an independent contractor herein and not as an
employee of the City. The Consultant shall secure at his expense, and be
responsible for any and all payment of income tax, social security, state disability
insurance compensation, unemployment compensation, and all other payroll
deductions for the Consultant and his officers, agents and employees and all
business license, if any, in connection with the services to be performed hereunder.
In connection with the execution of the Agreement, Consultant shall not
discriminate against any employee or applicant for employment because of race,
religion, color, sex or national origin.
VIII. Subcontractors: The names of subcontractors submitted at the time of the
submission of the bid proposal to the City shall be assumed to be the subcontractors
which the Consultant shall use for work required to be done under the contract
documents. The Consultant shall make no substitution for any subcontractor,
person, or entity previously selected if the City makes a reasonable objection to
such substitution. Consultant shall not contract with any subcontractor to whom
City has made reasonable objection. Consultant shall not be required to contract
with anyone to whom he has made reasonable objection.
IX. Ownershin of Renorts and Documents: Original documents, drawings, designs,
and reports developed under this contract shall belong to and become the property
of the City.
X. Indemnification: The Consultant shall indemnify, defend and hold harmless the
City, its agents and employees, from and against any and all liability arising from
injury or death to persons or damage to property resulting in whole or in part from
acts or omissions of the Consultant, its agents, servants, officers or employees,
irrespective of whether in connection with such act or omission it is alleged or
claimed that an act of the City, or its agents or employees caused or contributed
thereto. In the event that the City shall elect to defend itself against any claim or suit
arising from such injury, death or damage, the Consultant shall, in addition to
indemnifying and holding the City harmless from any liability, indemnify the City
for any and all expense incurred by the City in defending such claim or suit
including attorney's fees.
XI. Rights and Remedies: The duties and obligations imposed by this contract and the
rights and remedies available hereunder shall be in addition to and not a limitation of
any duties, obligations, rights and remedies otherwise imposed or available by law.
No action or failure to act by the City or Consultant shall constitute a waiver of any
right or duty afforded any of them under the contract; nor shall any action or failure
to act constitute an approval of or acquiescence thereto unless specifically agreed to
by both parties in writing.
XII 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 addresormed when
necessary for reconciliation between the citizen and the cable operator.
All notices and requests shall be addressed to the City and the Consultant as follows:
CITY:
CONSULTANT:
Approved as to form:
City Attorney
ATTEST:
City Clerk
Tukwila City Hall
6200 Southcenter Blvd.
Tukwila, WA 98188
3 -H Cable Communications Consultants
504 East Main Street
Auburn, WA 98002
rector
3 -H able
H i, V.P.
City of Tukwila
By
Mayor
ications Consultants
Utilities Committee
December 2, 2003
Present: Pam Linder, Chair; Joan Hernandez, Richard Simpson
Jim Morrow, Frank Iriarte, Bob Giberson, Gail Labanara, Pat Brodin, Lucy
Lauterbach
1. Miscellaneous In response to challenging comments from a citizen, Jim Morrow passed out
a response to Cascade View Surface Water questions. The response addressed the number of
properties and people affected by the proposed improvements, the proposed rate increase in
surface water rates, project scope and community information, as well as the role of sidewalks
and street improvements in surface water projects.
Joan asked about the person in McMicken who wanted to dig a culvert under his driveway and
the required permits to do so. Jim M said the City would be liable if the citizen did something
that caused public danger, and not requiring the permits could have large and negative
implications. He cited the bond required of the Hillsides Apartments that they were trying to get
a waiver from. The owners there have gone bankrupt twice already and have a hard time getting
a bond.
Treva Gomez has had a long term problem with drainage in her driveway, and she spoke to Pam
L about that. Pat said he and John Howat had been to her house to see what the issues were, but
-did not see problems. They and Pam will visit Treva this week. Information.
`2.2004 Cable Consultant Services Agreement 3 H Cable and Lon Hurd have looked after the
City's cable issues for many years. They audit Comcast's books, and intercede on behalf of
customers when citizens have cable problems. Comcast rates are going up between 8 -20% for
various services they provide. He makes sure seniors also get the reduced rate they're eligible
for. The contract for $11,782 includes a 1.8% CPI adjustment for the year. One of the items
Frank will work with Lon on is to have TCI pay part of the audio visual improvements needed in
the Council chambers instead of having the Council on cable TV. Recommend issue to consent
agenda of a Regular Meeting.
3. Cascade Water Alliance Pat said the City will be taking a very big step by breaking off our
contract with Seattle Water, and moving to Cascade Water Alliance (CWA) for our water source.
He thought Tukwila would win from moving to CWA, as Seattle has said it would raise `old
water" rates very high in the next two years, as there are very few districts like Tukwila left that
have old water. We will pay less by getting CWA water. Pat said the process has been very long
working with Seattle and trying to get a water supply agreement. They require cities to
acknowledge that they have liability for paying if CWA defaults on its payments to Seattle.
Recommend CWA issues and acknowledgement letter to COW and Regular Meetings.
U J Committee chair approval