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98-700��1i7�� Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Committee: Date 1 WHEREAS, the City of Saint Paul (City) entered into a"Conective Plan AgreemenY' regarding the 2 Institutional Network with Continental Cablevision of Saint Paul, Inc. (d.b.a. MediaOne) on December 22, 1997 3 (Council File 97-1552); 4 WHEREAS, the Corrective Plan Agreement incorporates the Corrective Plan dated December 18, 1997; 5 WHEREAS, the Corrective Plan states that the upgrade will be completed by August 1, 1998, unless the time 6 for compietion is extended in accordance with the Conective Plan Agreement; 7 WHEREAS, the City may e�end the upgrade deadline beyond August 1, 1998; 8 WE�EREAS, MediaOne has presented a letter agreement and requested an extension of the upgrade completion 9 deadline until September 30, 1998, except that, in the event of written notice from MediaOne to the City stating 10 reasons for an additional extension, such deadline will be November 15, 1998; 11 WHEREAS, City staff have reviewed the extension request and consider it to be reasonable based on delays 12 caused by design changes which resulted in an improved and expanded Institutional Netwark, and delays due to 13 storm damage; Council File # q$ -'� 00 Green Sheet # �� 14 WI3EREAS, the letter agreement also clarifies the concept of "adjacenY' buildings and defines all City and 15 other public buildings that will receive free drops (E�ibit A) and establishes prices for certain other sites 16 (Exhibit B); ORtG1�IA�. ��_�oo 1 TEIEREFORE, BE IT RESOLVED, the Mayor and Director of Financial Services aze hereby authorized to 2 enter into the letter agreement and with MediaOne, a copy of which is attached hereto and incorporated herein 3 by reference. Requested by Department of: Adopted by Council: Date Adoption�Ce By: � Approved by By: by�CqfuryEi� Secretary te, �� I ��/ � i � . / Form Appr d by City At rney By: � DepartmenUO�ce/councit: Date Ini6ated Green Sheet No. 63910 �p �( �C Technology & Management Svcs. 7/29/98 Contact Person & Phone: InitiaUdafe InitisUdate Holly Hansen 266-8875 � 1�p�e� Du 4 c�� co�,a�il Must Be on Council Agenda by (Date) Au�9� ? City Attomey ti _ City Cledc Number Einancial Serv D"u.� _ Fic�ancial Serv/acctg � For 3 Mayor (Oc Asst) _ Civil Serrice Commission Routing Order Total # of Signature Pages �_ (Clip All Locations for Signature) Action Requested: Approve a"letter agreemenY' between the City of Saint Paul and Continental Cablevision of Saint Paul, Inc. (d.b.a MediaOne). Recommendations: Approve (A) or Rejed (R) Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contrad for this department? Planning Commission Yes No CIB Committee 2. Has this person/firm ever been a city employee? Civil Service Commission Yes No 3. Does Ynis persoNfirm possess a skilf not normaHy possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issue, Opportunity (Who, What, When, Where, Why�: The City and MediaOne entered into an agreement regarding the upgrade of the institurional network; some changes need to be made to that agreement to update that document and reflect current circumstances. �; rs; AdvantageslfApproved: pc�;�'��' ��"':.�� 1 E��-.. The upgrade and construction of the institutional nerivork will proceed. Ju�. �� DisadvanWges If Approved � None Disadvantages If Not Approved: Construction could be interrupted as the issues and clarifications addressed in the `letter agreemenY' would not be in effect. Toql Amount of Transaction: $ CostlRevenue Budgeted: Funding Source: N/A Activity Number: Financial Information: (Explain) °�8-��0 Media�ne This is Sroadband. This is the .a a}. 3uly 24, 1998 Holly M. Hansen Cable Communications Officer City of St. Paul CITY HALL, Suite 68 15 West Kellogg Boulevud St. Paul, MN 55102 Dear Holly: This letter agreement is a result of various conversations between MediaOne representatives and the City of St. Paul regarding service of MediaOne's Institutional I�Tetwork to an expanded numher of St. Paul institutions, inteipreting and clarifying the concept of "adjacent" buildings to the Institutional Network for the purpose of receipt of free drops, adding certain non-adjacent buildings to the Insritutional Network during the nutial Institutional Network upgrade at MediaOne's expense, and establishing a new deadline for completion. Specifically, MediaOne and the City agree that the obligations of the Corrective Plan dated December 18, 1997, and Corrective Plan Agreement between the parties dated December 22, J997 all of which have been incorporated into various transfer and franchise documents (all of the above collectively the "Institutional Network Corrective Plan Documents"}, are amended to reflect the following: 1. At the time of initial Institutional Network upgrade, MediaOne will provide an Institutional Network drop at no charge to the institutional buildings identified in E�ibit A hereto. This obligation and the obligations set forth in Sections 2, 3, 4 and 5 below, shall supersede the obligations set forth in Section 6(a) or 6(b) of the December 18, 1997 Conective Plan and any attachments thereto or any inconsistent provisions of the Institutional Network Corrective Plan Documents. 2. After the initiat upgrade of the Institutional Network is complete, in addition to the buildings identified in E�ibit A hereto, MediaOae will provide, upon written request, one free Institutional Network coaaaal drop to each public or private school, public library branch, police or fire station, community center or public building or to such other public institutions as the city may reasonably request from time to time if such facility is adjacent to the then-existing Institutional Network path (regardless of specific accessibility). For purposes of establishing entitlement to a free drop on the Institutional I�Tetwork after completion of the initial upgrade of the Institutional Network, any newly constructed qualifying institutional building or newly requesting qualifying institutionai building as described above will be considered adjacent to the 9785 Maroon Cirde, Suire 400 Englewood, CO iA} 12 qg -�100 Holly M. Hansen July 24, 1998 Page 2 Institutional Network and thereby entitled to a free Institutional Network drop if it is writhin 400 feet of the netu ork. 3. At the time of initial upgrade of the Insfitutional Network, MediaOne will provide one Institutional Network drop to any of the institutional buiidings identified in E�ibit B hereto if, by August 15, 1998 (or such later date as company deems feasible for any particular site), such institution agrees to pay the appropriate chazge set forth on Exhibit B. It is understood that such charge is an estimated incremental cost minus the first 400 feet (without design costs included) and is based on an initial project cost averaging methodology. 4. After the initial upgrade of the Institutional Network is complete, due to the loss of certain efficiencies and price changes, it is anticipated that the costs to provide an Institutional Network drop to any facility listed on Exhibit B will be higher than the charge set forth in E�ibit B. Nonetheless, desi�n work associated with extension to buildings set forth in E�chibit B will be done as part of the initial upgrade of the Institutional Network, thereby containing any costs which must be contributed by the affected institution at some later date. After the initial upgrade of the Institutional Network is complete, in addition to the buildings identified in E�ibit B hereto, MediaOne will provide, upon written request, one Institutional Network coaxial drop to each public or pzivate school, public library branch, police or fire station, community center or public building or to such other public institutions as the city may reasonably request from time to time if such faci]ity is not adjacent to the then-existing Institutional IQetwork path (regardless of specific accessibility) upon payment by such institution of the cost of providing such drop. For purposes ofthis agreement, any newly constructed qualifying institutional building or newly requesting qualifying institutional building as described above will be deemed not adjacent to the Institutional Network and thereby not entitled to a free Institutional Network drop if it is excess of 400 feet of the network. 6. The deadline for completion of the Institutional Network upgrade shall be September 30, 1998, except that, in the event of written notice from MediaOne to Caty stating reasons for an additional ea-tension, such deadline will be November 15, 1998. This deadline shall supersede any time frame or deadline for completion of the Institutional Network upgrade set forth in Section 5 of the December 22, 1997 Conective PIan, Agreement Section 1(a) ofthe December 18, 1997 Cosective Plan or any inconsistent provisions of the Institutional Network Corrective Plan I7ocuments. qg -'100 Holly M. Hansen July 24, 1998 Pase 3 We believe this letter agreement reflects the understandings of MediaOne representatives and the City. This agreement reflects exciting additional improvements to the Institutional Network and is a foundation for a very successful endeavor. In order to give this agreement effect, please have this document executed by the City below and provide a photocopy of the completed document to us. Very truly yours, MEDIAOi�TE ST. PAUL, II�TC. �--= / � By_ � `� � �, t� �`'-�-�—� ` *✓ /sd Enclosures cc: Jolui F. Gibbs, Esq. AGREED AND ACCEPTED BY THE CTTY OF ST. PAUL This _ day of , 1998. By: Its: Mayor By: Its: Director ofFinancial Services Ftom Roger Sm�enson To Holry Hansen Date. 7/29/98 Time 12 45 75 PIN Page 2 of 7 Q8 -�00 Er.h�bit A Saint Paui Institutional Netvdork Upgrade lnitial Free Connections by Phase and Segment July 28,1998 From Roger Saenson 7o Holly Hansen D2te 7/29�98 Time 12 45 t 4 PI.A Page 3 of 7 qg `'� 0 O Exhibit A Fr,om Rooer Swenson To Holly Hansen Date 729/98 Time 12 45 14 Pls Page d of 7 �g -`1 Exhibit A F!om Roge( Swenson To Holly Hansen Date 7/29/98 Time 12 a5 t4 Pf 1 Page 5 of 7 �xn,�a a �lg -`loo From Roaer Sv.�enson To Holly Hansen Date 729198 Time 72 45 74 Pld Page 6 of 7 °lg _`100 Exhibd A Frpm Roger Swenson To Holty Hansen Dzte� 7/29/98 Time 72 45 7a PIN Page 7 of 7 �� _�oo Exhfbd A From. Rogef Swenson To Holly Hansen Date� 7/29/98 Time� 127 36 PM Page 2 of 3 qa 100 Exhibit B Saint Paui Institutional Network Potential Non-Adjacent Connections (over 400 feet} 28Ju1-98 BUILDING NAME ADDRESS Distancetol-Net Charge° Phase �, Segment'I Hazel Park Pum m Station 1585 E Ma land Ave 500 5 189 39 Phase '1, Segment 2 No sites beyond 400 feet Phase'I, Segment 3 No sites beyond 400 feet Phase 2, Segment 14 No sites beyond 400 feet Phase 2, Segment 15 Hi hland Park Clubhouse 9-Hole 1797 W Ed cumbe 470 5 132 58 Hi hland Park Golf Mamtenance Sho 7259 Montreai Ave. 641 S 456 44 Phase 1, Segment 4 No sites beyond 400 feet Phase 4, Segment 11 Dunnin Field Recreation Genter 1221 Marshall Ave 640 $454 55 Dunnin Baseball Stadium 1230 Marshall Ave 640 $454 55 Phase 4, Segment 12 Como Park Conservator 1325 Alda St. 847 $ S46 09 Como Park Golf Ciubhouse 1431 N Lexin ton P 704 � Si5 76 Como Park Golf Maintenance Bid 7387 N lexin ton Pkw 1476 $ 1,92424 Como Park Lakeside Pavilion 1339 N- Lexin ton Pkw 2456 � 3.893.94 Como Park Classroom & Auditonum Midwa & Horton 900 S 946 97 F;om: Roggr Swenson To: Holly Hansen Date 7/29/98 Time: 127 36 PM Page 3 of 3 Exhibrt B Phase 5, Segment 5 7owntown Beat Office Phase 6, Segment 8 4sphalt Pavinq Plant Offi� Phase 6, Segment 9 No sites beyo�d 400 feet Phase 7, Segment 6 Auto Impountl Lot Office/� Phase 7, Segment 7 No sites beyond 400 feet Phase 7, Segment'10 �g-`�00 `Based on initial upgrade cost averaging, minus the first �TOtal S 24 632 58 40� feet of cable a�d mcremental design cost ��1i7�� Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Committee: Date 1 WHEREAS, the City of Saint Paul (City) entered into a"Conective Plan AgreemenY' regarding the 2 Institutional Network with Continental Cablevision of Saint Paul, Inc. (d.b.a. MediaOne) on December 22, 1997 3 (Council File 97-1552); 4 WHEREAS, the Corrective Plan Agreement incorporates the Corrective Plan dated December 18, 1997; 5 WHEREAS, the Corrective Plan states that the upgrade will be completed by August 1, 1998, unless the time 6 for compietion is extended in accordance with the Conective Plan Agreement; 7 WHEREAS, the City may e�end the upgrade deadline beyond August 1, 1998; 8 WE�EREAS, MediaOne has presented a letter agreement and requested an extension of the upgrade completion 9 deadline until September 30, 1998, except that, in the event of written notice from MediaOne to the City stating 10 reasons for an additional extension, such deadline will be November 15, 1998; 11 WHEREAS, City staff have reviewed the extension request and consider it to be reasonable based on delays 12 caused by design changes which resulted in an improved and expanded Institutional Netwark, and delays due to 13 storm damage; Council File # q$ -'� 00 Green Sheet # �� 14 WI3EREAS, the letter agreement also clarifies the concept of "adjacenY' buildings and defines all City and 15 other public buildings that will receive free drops (E�ibit A) and establishes prices for certain other sites 16 (Exhibit B); ORtG1�IA�. ��_�oo 1 TEIEREFORE, BE IT RESOLVED, the Mayor and Director of Financial Services aze hereby authorized to 2 enter into the letter agreement and with MediaOne, a copy of which is attached hereto and incorporated herein 3 by reference. Requested by Department of: Adopted by Council: Date Adoption�Ce By: � Approved by By: by�CqfuryEi� Secretary te, �� I ��/ � i � . / Form Appr d by City At rney By: � DepartmenUO�ce/councit: Date Ini6ated Green Sheet No. 63910 �p �( �C Technology & Management Svcs. 7/29/98 Contact Person & Phone: InitiaUdafe InitisUdate Holly Hansen 266-8875 � 1�p�e� Du 4 c�� co�,a�il Must Be on Council Agenda by (Date) Au�9� ? City Attomey ti _ City Cledc Number Einancial Serv D"u.� _ Fic�ancial Serv/acctg � For 3 Mayor (Oc Asst) _ Civil Serrice Commission Routing Order Total # of Signature Pages �_ (Clip All Locations for Signature) Action Requested: Approve a"letter agreemenY' between the City of Saint Paul and Continental Cablevision of Saint Paul, Inc. (d.b.a MediaOne). Recommendations: Approve (A) or Rejed (R) Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contrad for this department? Planning Commission Yes No CIB Committee 2. Has this person/firm ever been a city employee? Civil Service Commission Yes No 3. Does Ynis persoNfirm possess a skilf not normaHy possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issue, Opportunity (Who, What, When, Where, Why�: The City and MediaOne entered into an agreement regarding the upgrade of the institurional network; some changes need to be made to that agreement to update that document and reflect current circumstances. �; rs; AdvantageslfApproved: pc�;�'��' ��"':.�� 1 E��-.. The upgrade and construction of the institutional nerivork will proceed. Ju�. �� DisadvanWges If Approved � None Disadvantages If Not Approved: Construction could be interrupted as the issues and clarifications addressed in the `letter agreemenY' would not be in effect. Toql Amount of Transaction: $ CostlRevenue Budgeted: Funding Source: N/A Activity Number: Financial Information: (Explain) °�8-��0 Media�ne This is Sroadband. This is the .a a}. 3uly 24, 1998 Holly M. Hansen Cable Communications Officer City of St. Paul CITY HALL, Suite 68 15 West Kellogg Boulevud St. Paul, MN 55102 Dear Holly: This letter agreement is a result of various conversations between MediaOne representatives and the City of St. Paul regarding service of MediaOne's Institutional I�Tetwork to an expanded numher of St. Paul institutions, inteipreting and clarifying the concept of "adjacent" buildings to the Institutional Network for the purpose of receipt of free drops, adding certain non-adjacent buildings to the Insritutional Network during the nutial Institutional Network upgrade at MediaOne's expense, and establishing a new deadline for completion. Specifically, MediaOne and the City agree that the obligations of the Corrective Plan dated December 18, 1997, and Corrective Plan Agreement between the parties dated December 22, J997 all of which have been incorporated into various transfer and franchise documents (all of the above collectively the "Institutional Network Corrective Plan Documents"}, are amended to reflect the following: 1. At the time of initial Institutional Network upgrade, MediaOne will provide an Institutional Network drop at no charge to the institutional buildings identified in E�ibit A hereto. This obligation and the obligations set forth in Sections 2, 3, 4 and 5 below, shall supersede the obligations set forth in Section 6(a) or 6(b) of the December 18, 1997 Conective Plan and any attachments thereto or any inconsistent provisions of the Institutional Network Corrective Plan Documents. 2. After the initiat upgrade of the Institutional Network is complete, in addition to the buildings identified in E�ibit A hereto, MediaOae will provide, upon written request, one free Institutional Network coaaaal drop to each public or private school, public library branch, police or fire station, community center or public building or to such other public institutions as the city may reasonably request from time to time if such facility is adjacent to the then-existing Institutional Network path (regardless of specific accessibility). For purposes of establishing entitlement to a free drop on the Institutional I�Tetwork after completion of the initial upgrade of the Institutional Network, any newly constructed qualifying institutional building or newly requesting qualifying institutionai building as described above will be considered adjacent to the 9785 Maroon Cirde, Suire 400 Englewood, CO iA} 12 qg -�100 Holly M. Hansen July 24, 1998 Page 2 Institutional Network and thereby entitled to a free Institutional Network drop if it is writhin 400 feet of the netu ork. 3. At the time of initial upgrade of the Insfitutional Network, MediaOne will provide one Institutional Network drop to any of the institutional buiidings identified in E�ibit B hereto if, by August 15, 1998 (or such later date as company deems feasible for any particular site), such institution agrees to pay the appropriate chazge set forth on Exhibit B. It is understood that such charge is an estimated incremental cost minus the first 400 feet (without design costs included) and is based on an initial project cost averaging methodology. 4. After the initial upgrade of the Institutional Network is complete, due to the loss of certain efficiencies and price changes, it is anticipated that the costs to provide an Institutional Network drop to any facility listed on Exhibit B will be higher than the charge set forth in E�ibit B. Nonetheless, desi�n work associated with extension to buildings set forth in E�chibit B will be done as part of the initial upgrade of the Institutional Network, thereby containing any costs which must be contributed by the affected institution at some later date. After the initial upgrade of the Institutional Network is complete, in addition to the buildings identified in E�ibit B hereto, MediaOne will provide, upon written request, one Institutional Network coaxial drop to each public or pzivate school, public library branch, police or fire station, community center or public building or to such other public institutions as the city may reasonably request from time to time if such faci]ity is not adjacent to the then-existing Institutional IQetwork path (regardless of specific accessibility) upon payment by such institution of the cost of providing such drop. For purposes ofthis agreement, any newly constructed qualifying institutional building or newly requesting qualifying institutional building as described above will be deemed not adjacent to the Institutional Network and thereby not entitled to a free Institutional Network drop if it is excess of 400 feet of the network. 6. The deadline for completion of the Institutional Network upgrade shall be September 30, 1998, except that, in the event of written notice from MediaOne to Caty stating reasons for an additional ea-tension, such deadline will be November 15, 1998. This deadline shall supersede any time frame or deadline for completion of the Institutional Network upgrade set forth in Section 5 of the December 22, 1997 Conective PIan, Agreement Section 1(a) ofthe December 18, 1997 Cosective Plan or any inconsistent provisions of the Institutional Network Corrective Plan I7ocuments. qg -'100 Holly M. Hansen July 24, 1998 Pase 3 We believe this letter agreement reflects the understandings of MediaOne representatives and the City. This agreement reflects exciting additional improvements to the Institutional Network and is a foundation for a very successful endeavor. In order to give this agreement effect, please have this document executed by the City below and provide a photocopy of the completed document to us. Very truly yours, MEDIAOi�TE ST. PAUL, II�TC. �--= / � By_ � `� � �, t� �`'-�-�—� ` *✓ /sd Enclosures cc: Jolui F. Gibbs, Esq. AGREED AND ACCEPTED BY THE CTTY OF ST. PAUL This _ day of , 1998. By: Its: Mayor By: Its: Director ofFinancial Services Ftom Roger Sm�enson To Holry Hansen Date. 7/29/98 Time 12 45 75 PIN Page 2 of 7 Q8 -�00 Er.h�bit A Saint Paui Institutional Netvdork Upgrade lnitial Free Connections by Phase and Segment July 28,1998 From Roger Saenson 7o Holly Hansen D2te 7/29�98 Time 12 45 t 4 PI.A Page 3 of 7 qg `'� 0 O Exhibit A Fr,om Rooer Swenson To Holly Hansen Date 729/98 Time 12 45 14 Pls Page d of 7 �g -`1 Exhibit A F!om Roge( Swenson To Holly Hansen Date 7/29/98 Time 12 a5 t4 Pf 1 Page 5 of 7 �xn,�a a �lg -`loo From Roaer Sv.�enson To Holly Hansen Date 729198 Time 72 45 74 Pld Page 6 of 7 °lg _`100 Exhibd A Frpm Roger Swenson To Holty Hansen Dzte� 7/29/98 Time 72 45 7a PIN Page 7 of 7 �� _�oo Exhfbd A From. Rogef Swenson To Holly Hansen Date� 7/29/98 Time� 127 36 PM Page 2 of 3 qa 100 Exhibit B Saint Paui Institutional Network Potential Non-Adjacent Connections (over 400 feet} 28Ju1-98 BUILDING NAME ADDRESS Distancetol-Net Charge° Phase �, Segment'I Hazel Park Pum m Station 1585 E Ma land Ave 500 5 189 39 Phase '1, Segment 2 No sites beyond 400 feet Phase'I, Segment 3 No sites beyond 400 feet Phase 2, Segment 14 No sites beyond 400 feet Phase 2, Segment 15 Hi hland Park Clubhouse 9-Hole 1797 W Ed cumbe 470 5 132 58 Hi hland Park Golf Mamtenance Sho 7259 Montreai Ave. 641 S 456 44 Phase 1, Segment 4 No sites beyond 400 feet Phase 4, Segment 11 Dunnin Field Recreation Genter 1221 Marshall Ave 640 $454 55 Dunnin Baseball Stadium 1230 Marshall Ave 640 $454 55 Phase 4, Segment 12 Como Park Conservator 1325 Alda St. 847 $ S46 09 Como Park Golf Ciubhouse 1431 N Lexin ton P 704 � Si5 76 Como Park Golf Maintenance Bid 7387 N lexin ton Pkw 1476 $ 1,92424 Como Park Lakeside Pavilion 1339 N- Lexin ton Pkw 2456 � 3.893.94 Como Park Classroom & Auditonum Midwa & Horton 900 S 946 97 F;om: Roggr Swenson To: Holly Hansen Date 7/29/98 Time: 127 36 PM Page 3 of 3 Exhibrt B Phase 5, Segment 5 7owntown Beat Office Phase 6, Segment 8 4sphalt Pavinq Plant Offi� Phase 6, Segment 9 No sites beyo�d 400 feet Phase 7, Segment 6 Auto Impountl Lot Office/� Phase 7, Segment 7 No sites beyond 400 feet Phase 7, Segment'10 �g-`�00 `Based on initial upgrade cost averaging, minus the first �TOtal S 24 632 58 40� feet of cable a�d mcremental design cost ��1i7�� Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Committee: Date 1 WHEREAS, the City of Saint Paul (City) entered into a"Conective Plan AgreemenY' regarding the 2 Institutional Network with Continental Cablevision of Saint Paul, Inc. (d.b.a. MediaOne) on December 22, 1997 3 (Council File 97-1552); 4 WHEREAS, the Corrective Plan Agreement incorporates the Corrective Plan dated December 18, 1997; 5 WHEREAS, the Corrective Plan states that the upgrade will be completed by August 1, 1998, unless the time 6 for compietion is extended in accordance with the Conective Plan Agreement; 7 WHEREAS, the City may e�end the upgrade deadline beyond August 1, 1998; 8 WE�EREAS, MediaOne has presented a letter agreement and requested an extension of the upgrade completion 9 deadline until September 30, 1998, except that, in the event of written notice from MediaOne to the City stating 10 reasons for an additional extension, such deadline will be November 15, 1998; 11 WHEREAS, City staff have reviewed the extension request and consider it to be reasonable based on delays 12 caused by design changes which resulted in an improved and expanded Institutional Netwark, and delays due to 13 storm damage; Council File # q$ -'� 00 Green Sheet # �� 14 WI3EREAS, the letter agreement also clarifies the concept of "adjacenY' buildings and defines all City and 15 other public buildings that will receive free drops (E�ibit A) and establishes prices for certain other sites 16 (Exhibit B); ORtG1�IA�. ��_�oo 1 TEIEREFORE, BE IT RESOLVED, the Mayor and Director of Financial Services aze hereby authorized to 2 enter into the letter agreement and with MediaOne, a copy of which is attached hereto and incorporated herein 3 by reference. Requested by Department of: Adopted by Council: Date Adoption�Ce By: � Approved by By: by�CqfuryEi� Secretary te, �� I ��/ � i � . / Form Appr d by City At rney By: � DepartmenUO�ce/councit: Date Ini6ated Green Sheet No. 63910 �p �( �C Technology & Management Svcs. 7/29/98 Contact Person & Phone: InitiaUdafe InitisUdate Holly Hansen 266-8875 � 1�p�e� Du 4 c�� co�,a�il Must Be on Council Agenda by (Date) Au�9� ? City Attomey ti _ City Cledc Number Einancial Serv D"u.� _ Fic�ancial Serv/acctg � For 3 Mayor (Oc Asst) _ Civil Serrice Commission Routing Order Total # of Signature Pages �_ (Clip All Locations for Signature) Action Requested: Approve a"letter agreemenY' between the City of Saint Paul and Continental Cablevision of Saint Paul, Inc. (d.b.a MediaOne). Recommendations: Approve (A) or Rejed (R) Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contrad for this department? Planning Commission Yes No CIB Committee 2. Has this person/firm ever been a city employee? Civil Service Commission Yes No 3. Does Ynis persoNfirm possess a skilf not normaHy possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issue, Opportunity (Who, What, When, Where, Why�: The City and MediaOne entered into an agreement regarding the upgrade of the institurional network; some changes need to be made to that agreement to update that document and reflect current circumstances. �; rs; AdvantageslfApproved: pc�;�'��' ��"':.�� 1 E��-.. The upgrade and construction of the institutional nerivork will proceed. Ju�. �� DisadvanWges If Approved � None Disadvantages If Not Approved: Construction could be interrupted as the issues and clarifications addressed in the `letter agreemenY' would not be in effect. Toql Amount of Transaction: $ CostlRevenue Budgeted: Funding Source: N/A Activity Number: Financial Information: (Explain) °�8-��0 Media�ne This is Sroadband. This is the .a a}. 3uly 24, 1998 Holly M. Hansen Cable Communications Officer City of St. Paul CITY HALL, Suite 68 15 West Kellogg Boulevud St. Paul, MN 55102 Dear Holly: This letter agreement is a result of various conversations between MediaOne representatives and the City of St. Paul regarding service of MediaOne's Institutional I�Tetwork to an expanded numher of St. Paul institutions, inteipreting and clarifying the concept of "adjacent" buildings to the Institutional Network for the purpose of receipt of free drops, adding certain non-adjacent buildings to the Insritutional Network during the nutial Institutional Network upgrade at MediaOne's expense, and establishing a new deadline for completion. Specifically, MediaOne and the City agree that the obligations of the Corrective Plan dated December 18, 1997, and Corrective Plan Agreement between the parties dated December 22, J997 all of which have been incorporated into various transfer and franchise documents (all of the above collectively the "Institutional Network Corrective Plan Documents"}, are amended to reflect the following: 1. At the time of initial Institutional Network upgrade, MediaOne will provide an Institutional Network drop at no charge to the institutional buildings identified in E�ibit A hereto. This obligation and the obligations set forth in Sections 2, 3, 4 and 5 below, shall supersede the obligations set forth in Section 6(a) or 6(b) of the December 18, 1997 Conective Plan and any attachments thereto or any inconsistent provisions of the Institutional Network Corrective Plan Documents. 2. After the initiat upgrade of the Institutional Network is complete, in addition to the buildings identified in E�ibit A hereto, MediaOae will provide, upon written request, one free Institutional Network coaaaal drop to each public or private school, public library branch, police or fire station, community center or public building or to such other public institutions as the city may reasonably request from time to time if such facility is adjacent to the then-existing Institutional Network path (regardless of specific accessibility). For purposes of establishing entitlement to a free drop on the Institutional I�Tetwork after completion of the initial upgrade of the Institutional Network, any newly constructed qualifying institutional building or newly requesting qualifying institutionai building as described above will be considered adjacent to the 9785 Maroon Cirde, Suire 400 Englewood, CO iA} 12 qg -�100 Holly M. Hansen July 24, 1998 Page 2 Institutional Network and thereby entitled to a free Institutional Network drop if it is writhin 400 feet of the netu ork. 3. At the time of initial upgrade of the Insfitutional Network, MediaOne will provide one Institutional Network drop to any of the institutional buiidings identified in E�ibit B hereto if, by August 15, 1998 (or such later date as company deems feasible for any particular site), such institution agrees to pay the appropriate chazge set forth on Exhibit B. It is understood that such charge is an estimated incremental cost minus the first 400 feet (without design costs included) and is based on an initial project cost averaging methodology. 4. After the initial upgrade of the Institutional Network is complete, due to the loss of certain efficiencies and price changes, it is anticipated that the costs to provide an Institutional Network drop to any facility listed on Exhibit B will be higher than the charge set forth in E�ibit B. Nonetheless, desi�n work associated with extension to buildings set forth in E�chibit B will be done as part of the initial upgrade of the Institutional Network, thereby containing any costs which must be contributed by the affected institution at some later date. After the initial upgrade of the Institutional Network is complete, in addition to the buildings identified in E�ibit B hereto, MediaOne will provide, upon written request, one Institutional Network coaxial drop to each public or pzivate school, public library branch, police or fire station, community center or public building or to such other public institutions as the city may reasonably request from time to time if such faci]ity is not adjacent to the then-existing Institutional IQetwork path (regardless of specific accessibility) upon payment by such institution of the cost of providing such drop. For purposes ofthis agreement, any newly constructed qualifying institutional building or newly requesting qualifying institutional building as described above will be deemed not adjacent to the Institutional Network and thereby not entitled to a free Institutional Network drop if it is excess of 400 feet of the network. 6. The deadline for completion of the Institutional Network upgrade shall be September 30, 1998, except that, in the event of written notice from MediaOne to Caty stating reasons for an additional ea-tension, such deadline will be November 15, 1998. This deadline shall supersede any time frame or deadline for completion of the Institutional Network upgrade set forth in Section 5 of the December 22, 1997 Conective PIan, Agreement Section 1(a) ofthe December 18, 1997 Cosective Plan or any inconsistent provisions of the Institutional Network Corrective Plan I7ocuments. qg -'100 Holly M. Hansen July 24, 1998 Pase 3 We believe this letter agreement reflects the understandings of MediaOne representatives and the City. This agreement reflects exciting additional improvements to the Institutional Network and is a foundation for a very successful endeavor. In order to give this agreement effect, please have this document executed by the City below and provide a photocopy of the completed document to us. Very truly yours, MEDIAOi�TE ST. PAUL, II�TC. �--= / � By_ � `� � �, t� �`'-�-�—� ` *✓ /sd Enclosures cc: Jolui F. Gibbs, Esq. AGREED AND ACCEPTED BY THE CTTY OF ST. PAUL This _ day of , 1998. By: Its: Mayor By: Its: Director ofFinancial Services Ftom Roger Sm�enson To Holry Hansen Date. 7/29/98 Time 12 45 75 PIN Page 2 of 7 Q8 -�00 Er.h�bit A Saint Paui Institutional Netvdork Upgrade lnitial Free Connections by Phase and Segment July 28,1998 From Roger Saenson 7o Holly Hansen D2te 7/29�98 Time 12 45 t 4 PI.A Page 3 of 7 qg `'� 0 O Exhibit A Fr,om Rooer Swenson To Holly Hansen Date 729/98 Time 12 45 14 Pls Page d of 7 �g -`1 Exhibit A F!om Roge( Swenson To Holly Hansen Date 7/29/98 Time 12 a5 t4 Pf 1 Page 5 of 7 �xn,�a a �lg -`loo From Roaer Sv.�enson To Holly Hansen Date 729198 Time 72 45 74 Pld Page 6 of 7 °lg _`100 Exhibd A Frpm Roger Swenson To Holty Hansen Dzte� 7/29/98 Time 72 45 7a PIN Page 7 of 7 �� _�oo Exhfbd A From. Rogef Swenson To Holly Hansen Date� 7/29/98 Time� 127 36 PM Page 2 of 3 qa 100 Exhibit B Saint Paui Institutional Network Potential Non-Adjacent Connections (over 400 feet} 28Ju1-98 BUILDING NAME ADDRESS Distancetol-Net Charge° Phase �, Segment'I Hazel Park Pum m Station 1585 E Ma land Ave 500 5 189 39 Phase '1, Segment 2 No sites beyond 400 feet Phase'I, Segment 3 No sites beyond 400 feet Phase 2, Segment 14 No sites beyond 400 feet Phase 2, Segment 15 Hi hland Park Clubhouse 9-Hole 1797 W Ed cumbe 470 5 132 58 Hi hland Park Golf Mamtenance Sho 7259 Montreai Ave. 641 S 456 44 Phase 1, Segment 4 No sites beyond 400 feet Phase 4, Segment 11 Dunnin Field Recreation Genter 1221 Marshall Ave 640 $454 55 Dunnin Baseball Stadium 1230 Marshall Ave 640 $454 55 Phase 4, Segment 12 Como Park Conservator 1325 Alda St. 847 $ S46 09 Como Park Golf Ciubhouse 1431 N Lexin ton P 704 � Si5 76 Como Park Golf Maintenance Bid 7387 N lexin ton Pkw 1476 $ 1,92424 Como Park Lakeside Pavilion 1339 N- Lexin ton Pkw 2456 � 3.893.94 Como Park Classroom & Auditonum Midwa & Horton 900 S 946 97 F;om: Roggr Swenson To: Holly Hansen Date 7/29/98 Time: 127 36 PM Page 3 of 3 Exhibrt B Phase 5, Segment 5 7owntown Beat Office Phase 6, Segment 8 4sphalt Pavinq Plant Offi� Phase 6, Segment 9 No sites beyo�d 400 feet Phase 7, Segment 6 Auto Impountl Lot Office/� Phase 7, Segment 7 No sites beyond 400 feet Phase 7, Segment'10 �g-`�00 `Based on initial upgrade cost averaging, minus the first �TOtal S 24 632 58 40� feet of cable a�d mcremental design cost