Loading...
HomeMy WebLinkAbout06/16/1992, C-11 - ENHANCED PUBLIC INPUT ON THE CABLE FRANCHISE AGREEMENT MEETING DATE: 4QQjjjjX#j city of san Luis oBispo6 qti COUNCIL AGENDA REPORT I NUMB!& FROM: Ken Hampian, Assistant City Administrative fficer� Prepared By: Deb Hossli, Administrative Analyst SUBJECT: Enhanced Public Input on the Cable Franchise Agreement CAO RECOMMENDATION: Authorize the City Administrative Officer to: 1. Prepare a survey for inclusion in the City's summer newsletter to obtain community input on customer satisfaction with the present cable operator and public access needs; and 2. Execute an agreement with Telecommunications Management Corporation (the City's current cable consultant) to prepare, tabulate and analyze the cable survey at a cost of $4,000; and 3. Convene a focus group composed of community members to assist the City with setting cable franchise priorities for the re-negotiation process. DISCUSSION: Background During the May 4, 1992 Study Session, the City Council was provided with an overview of the process and timeframe for renewing the City's franchise agreement with Sonic Cable Television. One component of the renewal process, assessing the public's satisfaction with our existing cable operator and eliciting input on public access needs, was of particular interest to the Council. Specifically, the Council felt that staffs recommended approach of extensive consultant interviews, a 'Town Hall" meeting, and public hearings before the Council, did not go far enough. Given the advances in cable technology since the last franchise renewal (1978) and the high level of interest the community holds for cable television, the Council felt that the City should take added steps in soliciting input from the public, perhaps to include a relatively inexpensive survey, and return to Council with specific suggestions. After conferring with the City's cable consultant, Carl Pilnick, staff is recommending adding both a survey and 'focus group" to the public input component of the franchise renewal process. The process will still include public hearings and extensive interviews by the consultant with department heads and representatives of other sectors of the community (e.g. local schools, Cal Poly). Recommended Survey Approach Working with Mr. Pilnick, staff has developed a fairly simple cable survey that is structured to gather information from the community on cable customer satisfaction and public access needs (see Attachment 1). As proposed, the survey would be distributed to every City household through the City's summer newsletter. The newsletter itself would also 611-/ ��i l!I'�III�►'i ;`., city osan _,41s osIspo COUNCIL AGENDA REPORT Page 2 Public Input on Franchise Agreement I i feature an article on the cable franchise renewal process advising the community of the renewal timeframe, what the City can and cannot control (e.g., rates and programming selection, etc.), and the types of public uses available for cable television (e.g., cable casting Council meetings, local educational programming, etc.). The results of the survey would then be used to help the City set franchise renewal priorities that reflect community desires. ► i The recommended survey has been kept short and straight-forward for two key reasons: f (1) response is severely diminished by surveys that are too lengthy (thus we have i focussed on the most critical issues); and (2) the newsletter can best accommodate a one and a half page survey (this would allow for the survey to be completed, folded in half and returned to the City relatively easily and inexpensively). The City's cable consultant, Telecommunications Management Corporation (TMC), has determined that it will cost $4,000 to prepare, tabulate, and analyze the survey. The added newsletter postage should not exceed $1,000. j The advantage to the recommended approach is that the City would be able to provide the entire community with an opportunity to comment on the franchise renewal process. In addition, a survey distributed through the City's newsletter could be completed relatively quickly (by August) and inexpensively (less than $5,000). The combination of the article along with the survey would also be advantageous from the perspective that it would help to educate the community on the City's role in the franchise renewal process and on the non-traditional types of cable uses the public may not be aware of (e.g., public access programming), while measuring public opinion on cable issues. A potential downside to the recommended approach relates to the length of the survey. i Because the suggested survey is relatively short, it cannot provide the depth a lengthier telephone survey could. As an example, a more comprehensive survey could generate information by subgroups (e.g., households with incomes over$50,000 favor"x" services while households with incomes under $50,000 favor 'y" services, etc.). In addition, a survey distributed through the newsletter would not be considered statistically valid as it would not represent a random sampling of the community. While these are valid concerns, it ,is staff's opinion that, in combination with other public input plans, the proposed survey will suffice. Cable Focus Group In an effort to further encourage public participation and help to ensure that the City's cable franchise priorities reflect a balance of the community's desires, staff also recommends that the City convene a cable focus group. As proposed, the focus group would be composed of local individuals who represent such areas or groups as education, business, seniors, the disabled, local public access programming, the public �� liil►II!�'' jll�lli city of san L ,s OBISPO 00M a COUNCIL AGENDA REPORT Page 3 Public Input on Franchise Agreement j at large, etc. Staff envisions the focus group would be composed of 15 - 20 representatives (to keep it manageable) and appointments would be made by the City Administrative Officer (the cable survey in the newsletter would serve as one source of members for this group). The purpose of the group would be to review the public, education, and government cable access needs identified by the City's cable consultant (including the cable survey results); identify any areas that may have been missed; and assist the City with setting franchise priorities before entering negotiations with the cable company. Staff expects that the focus group would meet once or twice during the franchise renewal process. Efforts will be made in advance of the first meeting to familiarize members with cable issues and possibilities. ALTERNATIVES: iObtain public input through a more in-depth telephone survey. The cable consultant's original proposal included a telephone survey option to measure community cable needs and customer satisfaction with the current cable operator at a cost of$15,000. While the telephone survey is clearly a reasonable and viable approach, staff does not recommend pursuing it. It is staffs opinion that the newsletter survey, in combination with a focus group and consultant interviews, will adequately represent the community's interests in the franchise renewal process at a significantly lower cost ($5,000 as opposed to $15,000). i FISCAL IMPACT: Approval of this recommendation will result in a total cost of approximately$5,000 ($4,000 in consultant costs to prepare, tabulate, and analyze the survey and $1,000 to cover postage). Adequate monies are available in the Administrative Offices' budget to fund these costs (the 1991-93 Financial Plan set aside $50,000 for consultant assistance with the cable franchise renewal process of which approximately $18,000 is un-allocated to date). It is also important to note that the City expects to seek full reimbursement from the cable company for all consultant costs incurred with the during the renewal proceedings. ATTACHMENTS: 1. Newsletter Cable Survey 2. Contract with Telecommunications Management Corporation dh\cable2 /l- CITY OF SAN LUIS OBISPO CABLE TELEVISION QUESTIONNAIRE The City is beginning its cable television franchise renewal process. Your response to this questionnaire will assist the City in negotiating for cable system features and services that are of most interest to the community. FOR CABLE NON-SUBSCRIBERS 1. Have you ever subscribed to cable service? Yes No If yes: Was it in San Luis Obispo? Yes No Was it in another community? Yes No 2. Why don't you subscribe now? _ Cost _ Not Interested Other (please explain) 3. Under what conditions would you subscribe? FOR CABLE SUBSCRIBERS 4. How satisfied are you with the current cable services, in terms of the following? Check one response for each item. Very Somewhat Somewhat Very Satisfied Satisfied Dissatisfied Dissatisfied Getting money's worth Choice of programming Quality of picture Reliability of service (picture outages) Responsiveness of company • Customer Service • Telephone Response Courtesy and Promptness • Correction of Problems Other (detail) Attachment 1 5. What new services would you like to see in the future? Please check as many as are applicable, and indicate the additional charge, if any, that you might be willing to pay. Incremental Charge (per month) 0 Less than $1 $1-$2 $2-$5 Movies Sports Cultural Programs Pay-Per-Vew Events — — — City Council Meetings and Other Local Events — — — Local Educational Programs Video Classified Ads Stereo Audio More Channels (All types) _ Other (detail): 6. For any renewed cable television franchise, please rate the following on a scale of 1 to 5 with 1 being the highest priority and 5 being the lowest priority. Quality of Service Rates (Federal law does not allow for cable rates to be regulated.) Choice of Programming Choice of Programming Local Programming: Other: City Educational Community * * * * * * * * * * * * * * * * * * * * * * * * * * Yes, I would be interested in participating in a Cable Focus Group for the City: Name: Address: Telephone: PLEASE RETURN THIS QUESTIONNAIRE BY 1992. PROFESSIONAL SERVICES AGREEMENT WITH TELECOMMUNICATIONS MANAGEMENT CORPORATION TO CONDUCT A SURVEY OF CITY RESIDENTS REGARDING CABLE TELEVISION ISSUES This agreement, made this _ day of , 1992 by and between the CITY OF SAN WIS OBISPO, California (hereinafter referred to as "City"), and TELECOMMUNICATIONS MANAGEMENT CORPORATION (hereinafter referred to as "Contractor'). WITNESSETH: Whereas, the City desires assistance with conducting a survey to measure public satisfaction with the City's cable television operator and identity public access needs; and Whereas, the City has determined that the Contractor is qualified to carry out the survey. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROGRAM COORDINATION A. it . The City Administrative Officer, or his designated representative, shall be the Project Manager representing the City for all purposes under this agreement. He shall supervise the progress and execution of this agreement. B. Contractor. Contractor shall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement for Contractor. Carl Pilnick is hereby designated as the Project Manager for Contractor. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager designee shall be subject to the prior written acceptance and approval by City Project Manager. 2. DUTIES OF CONTRACTOR A. Services to be furnished. 1. The Contractor will provide the services as described in Exhibit "1" of this document. 1 B. Laws to be observed by Contractor. 1. Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Contractor under this agreement. 2. Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Contractor's performance under this agreement, or the conduct of the services under this agreement. 3. At all times observe and comply with and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above. 4. Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. C. Copies of reports and information. If City requests additional copies of reports, drawings, specifications, or any other materials in addition to what the Contractor is required to furnish in limited quantities as part of the services under this agreement, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the costs of duplicating of such copies at Contractor's direct expense. D. Qualifications of Contractor. Contractor represents that it is qualified to furnish the services described under this agreement. E. Notwithstanding any representations, oral or written, between parties, including any and all agents or representatives thereof, Contractor of all times covered by the terms of this agreement is acting as a free and independent contractor, not as any agent of the City. Any and all supervision and direction by any City official, department or body shall be only that necessary to provide broad general outlines, and Contractor will use its own initiative and discretion in performing the details of work herein. F. All services provided by the Contractor listed within this agreement are in addition and beyond those of any and all other contracts currently held between the City and Contractor. 2 3. DUTIES OF CITY City agrees to cooperate with Contractor and to perform work described hereto and incorporated by this reference. 4. COMPENSATION City shall pay to CONTRACTOR A TOTAL OF $4,000 for providing services described in Exhibit "1". Contractor will bill City for services upon completion of work described in Exhibit "1". 5. TIME FOR COMPLETION OF THE WORK Contractor will provide City with all services as described in Exhibit "1" by September 30, 1992. 6. TEMPORARY SUSPENSION The City Project Manager shall have the authority to suspend this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the contractor to perform any provision of this agreement Contractor will be paid the compensation due and payable to the date of temporary suspension. 7. SUSPENSION; TERMINATION A. Right t�spend or terminate. ,The City retains the right to terminate this agreement for any reason by notifying Contractor in writing sixty (60) days prior to termination and by paying the compensation due and payable to the date of termination; ff this agreement is terminated for fault of Contractor, City shall be obligated to compensate Contractor only for that porton of Contractor services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Contractor and should they fail to agree, then an independent arbitrator is to be appointed"by mutual agreement and his decision shall be binding upon the parties. 8. INSPECTION r Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Project Manager's inspection and approval. The inspection of such work shall not relieve'Contractor of any of its obligations to fulfill its agreement as prescribed. 3 9. NOTICE All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addressed as follows: To Contractor: Telecommunications Management Corp. 5757 Wilshire Blvd., Suite 344 Los Angeles, CA 90036 Attention: Carl Pilnick To City: City of San Luis Obispo P. O. Box 8100 San Luis Obispo, CA 93403-8100 Attention: Deb Hossli, Administrative Analyst 10. INTEREST OF CONTRACTOR Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the services hereunder, Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 11. INDEMNITY Contractor hereby agrees to indemnify and save harmless City, its officers, agents, and employees: A. Any and all claims and demands which may be made against City; its officers, agents or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Contractor under this agreement or of Contractor's employees or agents; B. Any and all damage to or destruction of the property of City, its officers, agents, or employees, occupied or used by or in the care, custody, or control of Contractor, or in proximity to the site of Contractor's work, caused by any negligent act or omission of Contractor under this agreement or of Contractor; C. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Contractor 4 L�//-9 under this agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents, or employees; D. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by Contractor under this agreement; and E. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Contractor. Contractor, at its own costs, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgement or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to negligence of the Contractor. 12. WORKERS COMPENSATION Contractor certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 13. INSURANCE Contractor shall provide proof of insurance in accordance with Insurance Requirements for Consultants as described in Exhibit 2 attached hereto and incorporated herein by reference as though here fully set forth.. 14. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply to, and shall bind,the heirs,successors,executors, administrators, assigns,and subcontractors of both parties. 5 15. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach of violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 16. COSTS AND ATTORNEY FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 17. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion, sexual orientation, or sex of such person. If Contractor is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Contractor the sum of Twenty-Five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If Contractor is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, Contractor shall be found in material breach of the agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Contractor the sum of Two hundred Fifty Dollars ($250) for each calendar day during which Contractor is found to have been in such noncompliance as damages for said breach of contract, or both. 6 18. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representatives, or agreements either written or oral. This document may be amended only by written instrument, signed by both City and Contractor. All provisions of this agreement gire expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Contractor have executed this agreement on the day and year first above written. TELECOMMUNICATIONS MANAGEMENT CORP. BY Carl Pilnick, President ' CITY OF SAN LUIS OBISPO John Dun , City Administrative Officer APPROVED AS TO FORM: rge a ity mey dh\cable.agr 7 '-/L-/a May 21 '92 15:53 TELECOMM. MGMT. TEL 213-931-7355 P. 2 413D>LELTMUNICAT'oSANA��� . 5757WI! • SuRe3losAngefes,Ce1 1 1 ornia90036 (213)931-2600 May 21, 1992 Ms. Debbie HOssli Administrative Analyst City of San Luis Obispo P.O.Box 8100 San Luis Obispo, CA 93403-8100 Dear Deb: This will confirm our telephone conversation in which I quoted a cost of $4,000 to support the City in a survey of cable television subscribers to be conducted in conjunction with a forthcoming issue of the City' s newsletter. The scope of our work will include.: I. Preparation of a survey questionnaire , approximately one page in length, for insertion into the newsletter. The questionnaire will focus upon the public's interest in future cable services, as well as current perceptions , so as to provide the City with guidance on franchise renewal priorities. Some questions may also be addressed tonon-subscribers, if the City wishes, to determine what factors might influence non-subscribers to subscribe . The questionnaire will be submitted to the City within •ten days and be modified, after City review, as appropriate. 2. Evaluation of .the responses to the questionnaire, reflecting any consensus indicated and how the responses may be translated into franchise renewal priorities and objectives. The end-product will be a written report including all data, conclusions and recommendations . The evaluation report will be submitted within three weeks after we receive a copy of all of the survey responses. Please let me know if you need any additional information at this time. Sincerely, CARL K Presidentdent EXHIBIT 1 d-11-/� Exhibit INSURANCE REQUIREMENTS FOR CONSULTANTS Consullant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant his agents, representatives,employees. Knimum Sao:* of Insurance Coverage shall be at least as broad as: 1. Insurance Services O,fine Commercial General Uabliity coverage (occurrence form CG 0001). 2 Insurance Services Office form number CA 0001 (Ed. 1/M covering Automobile Uability, code 1 (any auto). 3. Workers'Compensation insurance as required by the Vale of California and Employer's Liability Insurance. in theN �n. aY Winimum Umlts of Insurance Consultant shall maintain limits no less than: 1. General Uability. $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial - General UabBlty or other form with a general aggregate limit is used, either the general aggregate fruit shall apply separately to this projer/iocation or the general aggregate (unit shall be twice the required occurrence fimit. 2 Automobile UabiW.. $1,D00,DDD per accident for bodily injury and property damage. 3. Employer's Uabfgty. 51,000,000 per accident for bodily injury or disease. Deductibles and SeNJnsured Retentions Any deductibles or seB-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,its officers,officials,employees and volunteers; or the Consularit shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain,the following provisions: 1. The My. Its officers, officials,employees, agents and volunteers are to be covered as insureds as respects: fiabTrty arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consuftant The coverage shall contain no special limitations on the scope of protection afforded to the City. Its officers, official,employees,agents or volunteers. 2 For any claims related to this project,the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, oYcials,employees, agens and volunteers. Any insurance or self-insurance maintained by the City. Its officers, officials, employees, agents or volunteers shag be excess of the Consultant's insurance and shall not contribute with IL 3 Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Cdy,its officers, officials, employees, agenu or volunteers. 4. The Consuftant's insurance shall appy separately to each insured against whom claim is made or suit Is brought except with respect to the limits of the insurer's liability. S Each insurance policy required by this clause shall be endorsed to sate that coverage shag not be suspended,voided, cancelled by either party,reduced In coverage or In Timis except after thirty (30)days'prior written notice by certified mail, return receipt requested, has been given to the City. AcceMbillly of Insurers Insurance is to be placed with Insurers with a current Aid. Best's rating of no less than A:VIL Verfilcation of Coverers Consultant shag furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorbed by that insurer to bind coverage on Its behalf. All endorsements are to be received and approved by the City before work commences. r5