00-614ORlGINAL
rresanced
Referred To
Council File # pe �L4�
Green Sheet # t� �l Y �
RESOLUTION
C{TY OF SAINT PAUL, MINNESOTA
��
Committee Date
RESOLUT70N...
1 WHEREAS, the cable franchise agreement with MediaOne of Saint Paul, Inc. provides that the City may desi�ate a
2 non-profit entity, hereinafter refened to as the "Designated Entity," or entiries to maziage public and educational access
3 and community progranuning on the local cable television system; and
4 WHEREAS, a contract for services (Performance Agjeement) between the Ciry of Saint Paul and Cable Access Saint
5 Paul, Inc., d16la Saint Paul Neighborhood Network, heren�after referred to as"SPNN," which outlines the duties,
b responsibilities and obligarions of the parties with respect to the provision of goods and services for public and
7 educational access and community progtaannung by the Designated Entity has been in effect and will expire on June
8 30, 2000; and
9 WHEREAS, the City has determined that SPNN has performed iis duties as Designated Entity in a inauner
10 satisfactory to the City and the City desires that SPNN continue its role as the Desi�ated Entity; now, therefore, be it
11 RESOLVED, that SPNN is hereby designated the City's Designated Emity for the purposes of the cable franchise;
12 and be it
13 FURTT�R RESOLVED, that the proper City oi�icials are hereby authorized to execute the Performance Agreement
14 between Cable Access Saint Paul, Tnc., dib/a Saint Paul Neighborhood Network, and the Ciry of Saint Paul, a copy of
l 5 �vhich is attached and incorporated herein by reference.
Requested by Department of.
Technology and Management Services
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Form A ro d by City Attomey
By: �
Approved y Mayor for Submission to Council
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Approved by Mayor: Date: �� ` �
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Adopted by Council: Date: s-- a � a
Adoption Certified by Gouncil Secretary
I3olly FIansen 266-8875
6/28/00
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Approving renewal of the Citys contract with Saint Paul Neighborhood Network (SPNN7 for the provision of Public and Educational access services
and communiTy ProgTammuig. .
or
PLANNfNG CAMMISSION
CIB COMMITTEE
CMl SERVICE COMMISSION
VRIATING PROBLEM i55UE, OPPORTUNI7Y (Who. Whak When, NiKVe. Wlqn
The City's cun�ent contract with SPNN wi11 expire 7une 30, Z000.
Hasthis Personlfirm erervrorVRd wMer a conhact torthis Aepartment4
VES NO
Hasthis P�eonfirtn�ever been a dty anpbyee?
YES NO
ooes m� v��n � a�wa �m namanrp� br am n,nem ar emwmee�
YES NQ
Istluspersonfim�afatg�zdve�MuYl , ,
YE$ NO
Uain all ves answeia m aeoerate sheet anG attach W ureen sheet
Current conhact services will not be intercupted and SPNN will remain accountable for contractge53'orinance regazding Puhlic and Educational access
services and community Pmgi'amm�ng• - . . - .
a�?
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None.
IF APPROVED
There would be no "Designated Entity" to provide Public and Educational access services and community programming. These services would be
disrnpted, adversely affecting the public, community organizations, and educational institutions. �
707AL AMOUNi OF TRANSACTION f NA
FW7DIN6 SWRCE
COST/REVENUE BUDGETED (CIRCLE ON�
AC7{VITY NUMBER
l[ 3�.F7
9NPNCW.INFORMATION (EXPWNj
Oo -c �y
PERFORMANCE AGREEMENT
between
CABLE ACCESS - ST. PAUL, INC.
d.b.a. SAINT PAUL NEIGHBORHOOD NETWORK
and the
CITY OF SAINT PAUL
July 2000 - June 2001
An Agreement by and betwcen the City of Saint Paul, Minnesota, a Minnesota municipal corporation
hereinafter referred to as "City", and Cable Access — St. Paul, Inc., a Minnesota non-profit corporation,
d.b.a. Saim Paul Neighborhood Network, hereafter referred to as " SPNN".
DEFINiTIONS ................................................................... 2
I. SERVICES ................................................................ 2
TASK I. Train'v�g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
TASK II. Equipment and Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
TASK III. Access and Community Progranvning Cbannel Time . . . . . . . . . . . . . . . . . . . . 4
TASK IV. Promotion of Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
TASK V. Other Management Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
II. EVALBATfON ............................................................. 7
III. EQUIPMENT OWNERSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . 8
IV. STATUS OF EMPLOYEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
V. HUMAN RIGHTS ORDINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VI. VENDOR DEVELOPMENT OUTREACH PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VII. OFFICIALS DESIGNATED - SPNN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VIII. OFFICIALS DESIGNATED — C1TY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
IX . GRANT ..................................................................9
X. SEVERABILIT'Y ...........................................................9
XI. SUBCON'IRACTING . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
XII. TERMINATION ........................................................... 9
XIII. CONDITIONS OF DISSOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XIV. DISPOSTfION OF DOCUMENTS/MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
IV COMPLAINTS ............................................................ 10
XVI. CONTINGENT FL3NDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XVII. TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XVIII. AMENDMENTS TO AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XIX. AGItEEMENT WHOLE AND CONCLUSIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 1
XX. SIGAIAT[3itES ............................................................ 12
1
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wrrrr�ss�:
It is mutually agrced by and between the City and SPNN as follows:
DEFQIITIONS
Forpurpose ofthis Agreemem:
"Access" shall mean the privilege of any one who works or lives in Saint Paui to use the facilities,
equipment, and the cable Access Channels provided by Minnesota Statutes and local ordinance.
All such access, including channel time, equipment, and staff, shall be available on a first-come,
first-serve3 non-discriminatory basis.
"Access Cbannels" sha{1 mean those channels dedicated by law, rule, regulation, or commitrnent of Cable
Company to the progranuxiing use of the general public and educational institutions.
"Access services" shall refer to services, equipment, andlor facilities provided to the general public and
educational insritutions in support of the Access Channels. lt shall not include services, equipment,
andlor facilities ofthe City.
"Access Programming" shall mean programrtvng under the editorial control of access users.
"Access Users" shall mean those members of the community who create and/or present programming for
playback on the access cable channels.
"Business" shall mean all appropriate business activities in support of access users and the produckion of
access and community pro�ramnring. Such business may include the solicitation of gifts of in-ldud
and monetary support.
"Cable Company" shall mean MediaOne of Saint Paul, Inc., its successors and assigns and any other cable
franchise granted by the City.
"Community Programnung" shall mean progranuning under the editorial control of SPNN.
"Designated Entity" shall mean a non-profit entity or entities designated by the City and fiirther defined by
the Franchise Agreement.
"Equipment" shall mean any durable goods purchases made with funds provided by the Cable Company.
"Franchise Agreement" shall mean C.F.# 98-234, the renewal franclrise granted to MediaOne of Saint
Paul, Inc. by the City of Saint Paul and any subsequent amendmems approved by the Saint Paul
City Council.
I. SERVICES
For the consideration hereinafter stated, the City names SPIVIV as the Designated Entity for the term of this
contract and SPNTi agrees to provide management and promotional services to support Access and
Community Programming in accordance with this contract and the Franchise A.greemeirt.
�-��y
TASK I. Tiainin$
1. SPNN shall conduct an nmoductory access orie�ation course. The course shall consist ofpublic
access televisioa girilosophy, SPNN policies and procedures, audience development, how to use
public access, SPNN course offerings, publicity and promotion, and tours of the studios, edit
suites, access equipment and vaa. The inh�oductory access orientation course shall consist of at
least three comact hours per class, and such classes will be held at least once per momh.
2. Basic level courses in video production, including studio production, field production, and editing,
shall be offered ai least once every five weeks.
Intermediate level courses in video praluction, including studio production, field produciion, and
editing, shall be offered az least once every two montl�s.
4. Advanced level courses in advanced video production tecluvques shall be offered at least once
every two months.
SPNN will take an active role in recnuting access users for iu classes. Class recruihnent shall be
included in at least 80°l0 of ail promotion materials.
6. SPNN will provide at least two speciai training or oriensation programs per year to meet special
needs of local institutions and/or orgazrizations.
SPNN will maintain a formal interns3up program involving at least 10 students annually from the
secondary and post secondary education wmmunities in Saint Paul.
8. SPNN will manage the scheduling, regisuation, record keeping, production of materials,
evaluation, and other administrative tasks, including quarterly reports, for ail of its educational and
training acavities. Such reports, shall include student evaluations of their training.
TASK II. Equipment and Facilities
SPNN will maintain inveirtory cornrol and records of all Equipment with a purchase price
of $300 or more. The inventory shali include the make and model number of the
Equipment, serial number, purchase date and price, and current location and condition of
each piece of Equipment. Any Equipmem which is disposed of shall continue to be carried
on the inventory with a notation of date of disposal and value received.
2. SPNN shall maintain and repair Equipment in a timely manner keeping record of
maintenance and repair, and maintain a pian for fhe purchase, replacement and acquisition
of Equipment. Such plan and revisions shall be submitted to the City's Cable
Communications Officzr with each annual report.
SPNN will unplement and enforce policies for check out and use of Equipment and facilities,
manage Equipmern/facilities check out and use, and maintain a current log of Equipment check out
and use. SPNN facilities will be open at ]east SO hours per week on at least six days per week
except for the following holidays: New Year's Day, Martin Luther King Jr.'s Day, Presiderns'
Oo -tl�l
Day, Memorial Day {last Monday in May), Independence Day, Labor Day, Tbanksgiving,
Christmas Eve, and Cluistinas Day.
4. SPNN will maintain a log of complairns and responses regarding Equipmem condition and use
policies. The log shall be available at all reasonable times for inspection by the City.
5. SPNN will maintain insurance in an amount and form acceptable to the City on all Equipment and
facilities managed by SPNN, nami� the Desigaated Ernity as the insured and the City as co-
insured. All insurance documenu shall be submitted to the City's Cable Communications Officer
with the annual report and witk�iu thirry (3Q) days whenever amended.
6. SPNN will maintain faciliYies for training (as described in Task I), production, and administrarion
of Access and Community Progracnming consistent with this Agreement.
TASK III. Access and Community Prograznming Channel Time
SPNN shall maintain and enforce policies and procedures for allocating, reserving and using tune
on the designated Access Channels. Such policies and all subsequent po]icy changes shall be
submitted to the City's Cable Communications Officer wit]vn tiririy (30) days of a change. No
program cabiecast on an access channel sl�all violate federal, state, or local laws and regulations.
2. SPNN shall be responsible for the playback of video, audio and ter�t progranuning on the four
designated Access chazmeis, and one Community Programming channel in accordance with
SPNN's established policies and procedures. SPNN shall staff playback facilities to insure
program playback seven days per week and an average af twelve hours per day per cha�mel, and a
failure rate of no more than 5 percent of the total piayback hours.
3. SPNN will produce and provide Community Programcning, including, but not limited to, local
sports events, parades, social and political events consisting of an average of 20 hours per month.
Such programming shall include the City Council and Mayorai Inauguratioq the Mayor's State-of-
the-City Address, the Jr.— Sr. Royaky Pageant, the Tmth-in-Taxation Hearing, and up to tl�ree
other public events or meetings as requested by the Cable Commumcations Officer. The City wili
provide a liaison on a staff available basis for the production of city govemment related
progrunming.
4. SPNN shall not engage in commercial production activities with for-profit entities.
5. SP1VN will provide a full-time Educationai Access CoordinaLOr to serve the educational access
community. Furthermore, SPNN will maintain an active Etiucational Access Committee
comprised of representatives from public and private schools, both K-12 and post secondary, to
work with SPNN in the coordination and provision of Access services to the educational
community in Saim Paul.
TASK N. Promotion of Access
SPNN shail create and make availabie to the public at least one printed document describing the
Access and Community Programming resources available in the City of Saint Paul and how
cirizens of Saint Paui may make use of the described resources.
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2. SPNN shall provide inforn�ation about Access and Commwiiry Prograxnming activities on a
re basis for publication in Saint Paul community newspapers and other media at least once a
month.
SPNN shall prini, or arrange for printing, and distribute momhly schedules of progruns cablepst
on the designated Access Channels. At least 2,000 schedules shouid be distributed each month.
4. SPNN shall provide or arrauge for speakers to discuss Access and Community Proa n+*r+�
activities and opportunities in Saurt Paul. Such speaking opportunities shall be aaanged upoa
iequest of a cammunity organization or the City.
5. SPNN shall take advantage of its own video production services and produce programs and public
service announcements wlvch expiain how to use SP13N services and describe to the community
what is availabie at SPNN. These programs or PSAs shall be cablecast at least five times per
week.
6. SPNN shall acrively promote a community-based forum featuring Saint Paul organizations and
issues and produce it twice a motrth.
SPNN shall hold open houses on a quarterly basis and invite the general public, schools, local
organizations and institutions.
TASK V: Other Management Services
SPNN will provide to the City's Cable Communications (�cer a meeting packet prior to aad for
all m�tings in which a meeting packet is prepaced and delivered to the Board of Directors.
2. SPNN will maintain the following records and keep them available for review by the City.
A. Equipmendfacilities purchase, use, and maintenance;
B, ilse of Access and Communiry Progranuning channei time;
C. Acc�ss training provided; and
D. Complaints or disputes related to Access or Community Frogramming.
3. 'I'he City shall have the right to inspect SPNr3's business records and copy them at no expense to
the City. SPNN's business records shall be maintained in conformance with this Agreemeat and
shall be available for inspection during regulazly scheduled business hours or at such other time
mutually agreed to by the City and SP23N.
4. SPNN will prepaze and submit to the City's Cable Communicatious Officer a balanced annual
operating budget for the subsequent year at least b0 days before the end of SPNN's fiscal year.
Such budget shall be approved by the SPNN Board of Directors and adhere to standard accounting
and record keeging practices. At its expense, SPNN shall contract for a year-end audit by a
Certified Public Accountant. SP1VN shall submit audited financial statements to the City's Cable
Gommunications Officer 12Q days after year end. The report shall include a statement ofthe
auditor's verification of compliance with the provisions of Tasks I- V cornained herein, and any
exceptions noted. SPNN shall submit a plan for correcrive action, if exceptions are significant.
on -���1.
5. SPNN will provide copies of budget vs. actual eacpenditures to the City's Cable Communications
Officer 90 days after fiscal year end.
6. SPNN will provide the City's Cable Communications Officer a copy of its complete momlily
compiled finaneiai statements within one week of its mo�hly Board of D'uecton' meeting. For
assets and liabilities subject to significant measurement uncertainties, SPNN will disclose how the
reported aznousrts were derived and exglain the estimates, assumptions, and judgments about future
eveirts considered in theu measurement. Also, unless otherwise provided in the report of compiled
statemeats, SPNN will provide a statement of cash flow. The cash-flow statemeat will be prepated
and provided on a monthly basis together with its compiled financial statements.
SPNN shall not incur any debt ob]igations t]uough loans or lines of credit, provided however, t]ris
shall not prevent SPNN, in the normal caurse of business, from assuring short term obligations
which are within ihe budget submiited to the City and which shail be repaid within thirry (30) days.
By example, such short term obligations as credit card obligations, equipment purchase
agreemerns, revolving accouuts for the purchase of supplies, and acerued but unpaid employee
benefits (e.g., accrued vacation days) shall be pernritted.
8. SPNN shall not borrow from pern�anenfly restricted accounts.
9. SPNN will develop a three-year plan to achieve an equipment reserve account balance equai to
$100,000 by December 31, 2003. Tlris reserve fund balance will be displayed as a line item under
current assets on SPNN's monthly balance sheet beginning with SPNN's January 2001 financial
statemenu. The ttu�-year plan will be provided to the Cahle Communicarion Oflicer by Decembez
15, 2000. '
10. By Aprii 30, 2001, SPNN will re-evaluate its ten-year equipment plan in light of changing
technology and industry uends. The re-evaluation will consider the likelihood of successfully
achieving the plan's necessary and stated goals. SPNN's analysis and Sndings with recommended
changes wi11 be provided to the City's Cab1e Communications Officer.
I 1. Any circumstances that cause or couid cause SPNN to experience meaningful financial di$icuity
or otherwise represent a significant unplanned reduction in revenues or increase in expenditures or
losses shall be reported to the City's Cable Communicarions Officer witbin seven ('� days of
discovering the matter and ongoing corrective acrion shall be periodically reported to the City's
Cabie Communications Officer.
12. Ail paid positions, including that of the Executive D'uector, shali be subject to a fair and open
hiring process. SPNN shall comply with or �cced all federal, state, and local laws and regulations
relating to equal employment opportunity. SPNN will submit to ihe City's Cable Communications
Officer for review, any revisions to its staf&ng plan, outlining its proposed pezsonnel commitrnents
to futfill the tasks in this Agreement; including tcaining, general access, educational access,
program playback, Community Progranuning production, and volunteer and staff development.
13. SPIVI3 wili prepare and submit four quarterly reports and an annual year-end report to the City's
Cable Communications Officer on the activities and tasks enumerated in this agreement. Reports
sl�all be based on SPNN's fiscal year and submitted on September 15, December 15, Mazch 15,
and 3une I5. The Annual Report stiall be submitted on July 15.
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14. SPNN shall submit to the City's Cable Communicarions Officer, at least one (1) months prior to
any election of Diiectors, a ieport on its nomination process including a summary of activities and
progress. The process shall be committed to recruitment of individuals representing diveise
communities of intetest and relevant 6usiness and pmfessional experience.
15. Witivn 15 days after its first regulaz meeting of iha Eoard following the annual meeting, SPNN
shaU report to ffie Cit}ts Cable Communications Officer the Board of Directors eleccion results to
include the results of the Board's elecrion of officers. The report shall include a complete Boazd
roster (including appointed members) and a brief biography of each.
16. SPNN shall abide by and remain in compliance with its organizational bylaws.
17. SPNN's Annual Report shall be submitted to the City's Cable Communications Officer on or
before 7uly 15 and shatl contain ai least the fo]lowing information:
• Membership staristics at year end; including number of inembers under each membezship category.
• Programming statistics on a per-channel basis for the past fiscal year, including number of hours
and programs of first-run local progranuiilng, number of hours and pro�rams of first-run outside
progrartmiing, total hours of progranuning cablecast by week, and cablecast failure tate.
• A list of all compLtints received during the past fiscal year and how and when they were resolved.
• Training statistics for public and educational access for the past fiscai year, including course
schedules, attendance, recruiting efforts, etc., as described in Task I.
• Public access training plan for the coming year and results of the prior year plan,
• Educational access plan for ihe coming year and results of the prior year plan.
• Community Prograniming plan for the coming year and results of the prior year plan.
• A list of any Equipment disposed of dnring the past fiscal year, including description of item, how
disposed of, and any compensation received for the Equipment.
• Current Equipment inventory, and repiacemern/acquisition plan.
• Current insurance documenu. .
• Updated business plan, inciuding fundraising initiatives and other plans to generate revenue.
• A description of any changes to the Strategic P1an and reasons for the cbanges.
• Current mission statement.
• Current list of Boazd of Directors with short biographies.
• Current list of staff members and organizational chart.
• Current employee policies.
• Cuirem access user and chaanel policies.
• Current membership categories, prices, and benefits.
• Vendors identified in Saint Paul Administrative Code 84.06 SPNN has used during the contract
year, and total dollars SPNN spent with such Vendors.
II. EVALUATION
SPNN agrees that an evaluation of its performance under tlris Agreement, including an on-site inspection,
may be performed quarterly as deteimined by the City's Cabie Communications Officer and following
receipt of the Annual Report. The City's Cable Communications Officer may conduct an in-person
evaluation session with the SPNN Board of Directors and senior management as part of the annual review.
Any evaluation shall be based on the fulfillment of the terms and conditions herein. Should the City Snd
any instances of noncompliance after a review, the Cable Communications Officer shall transmit in writing
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a description of the azeas o£noncompliance to SPNN within 30 days. SPIVN shall respond to such natices
within 15 worldng days of receipt in writing, detailing correcave actions to be taken.
Ii • 1• 1 � fi'
SPNN agrees that everything purchased cvith funds provided by MediaOne is the sole properry of the
Designated Entity with no right, tiUe, or interest therein vesting in SPNN. SPNN also agrees that funds
provided by MediaOne for the purQose of purchasing equipment are for the sole purpose of equipment
acquisition and that these funds aze to be used only for equipmern-related expenses. As such, all revenues
recognized from the sale of equipment and all equipment purchased from these funds aze perman�Uy
resdricted. During such time as SPNN, its successors and assigas, is acting as the Designated Entity, it is
understood tbat SPNN is only ihe tempornry custodian of such property and that SPNN has no rights of
ownerstrip with respect to such property. SPNN may not dispose of or otherwise use said property so as to
enrich SPNN or to deprive any future Designated Entity of the full benefits of tisis property. The
Designated Entity shall have the right to dispose of old, outrnoded and superfluous Equipment in
accordance with ordinary business pnctices so ]ong as azry benefits arising from such disposition accrue to
the Desigpated Entity only. SPNN shall submit in wriring to the Ciry's Cable Communications Qfficer any
plans to dispose of Equipment at least two weeks prior to any such action.
City agrees that everything purchased with funds other than those provided by the Cable Company is the
sole properry of SPNN with no right, tiUe, or interest therein vesting in the City.
IV. STATUS OF EMPLOYEES
At all times, SPNN is an independertt cAntractor. Neither SPNN nor its agenu or its employees aze
employees of the Ciry and aze entided to none of the rights, privileges, and benefits granted regular Ciry
empioyees. .
V, HUMAN RIGHTS ORDINANCE
SPNN agrees to be bound by Chapter 1&3 Human Righu, of Saint Paul Legislative Code.
VI. VENDOR DEVELOPMEIVT OUTREACH PROGRAM
The City has a goal of assisting economically disadvantaged businesses to participate in public contracts
through its Vendor Development Outreach Progrun, which is addressed in Chapter 84 of the Saint Paul
Administrative Code. The City requires SPNN to make a good faith effort to purchase goods, supplies,
and services in compliance with ihe Vendor OuVeach Program during this contract period.
VII. OFFICIALS DESIGNATED — SPNN
SPNN designates its Executive Director as the person to be contacted by the City regazding this
Agreement. The Board of Directors of SPNN shall be the final authority in any SPNN poliey
determinations.
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VIII. OFFICIALS DESIGNATED — CI'I'Y
The City designaTes the Cable Communications O�cer of the Technology and Management Services
Deparhnent as the peison to be contacted by SPNN regazding this Agreecnent.
IX. GRANT
For SPNNs faitUful perfom�ance of the services set forth in this contract and provided tkiat SPNN has a
valid and binding contract with the Cable Company(s) to provide PEG services, the City agrces to direct
Cable Company(s) to make the payments to SPNN according to Section 304 of the Franchise Agreement
and subject to any subsequexit amendments to the Franchise Agreement.
The Ciry, upon the recommendation of the Cable Communications Officer, also reserves the ri�t to
witbhold payment for nonwmpliance with t6is Agreement, and further reserves the right to reallocate
financial support to another Designated Entity or to other cable-related purposes for public benefit
pursuazrt to the FrancUise Agreemem, Section 304. Should the City decide to withhold one or more
payments for noncompliance as detemvned in Section I, Task V# 4 and Section II of flris Agreemern, the
City shall send a written notice to SPNN at least fourteen worldng days in advance contauring the following
infomiation:
• Amount being withheld
• Specific reasons for withholding payment
• Coaective actions requested
• IdentiScation of dates by which correcAve action is to be wmpleted
X. SEVERABILITY
In the event any provision of this Agreement is deemed unconstitutional, illegal or void as a matter of law,
the parties agree that all of the provisions of this Agreement which aze not affected by such an occurrence
shail constitute a full and complete Agreement between the parties.
XI. SUBCONTRACTII3G
SPNN may not subcontract portions of this Agreement until written approval is received from the City's
Cabie Communications Officer; such approval shall not be unreasonably withheld.
XII. TERMINATION
The City and SPNN reserve the right to terminate this Agreemeni or SPNN's selection as the Designated
Entity withont cause or penalty on sixty days written norice. Notwithstanding any provision contained in
this Agreement to the contrary, SPNN shall be entitled to pay its expenses ineurred in the normal course of
its business until such time as it is obiigated to effect the below-referenced transfer.
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XIII, CONDITIONS OF DISSOLUTION
Subject to SPNN's right to pay its normal operating expenses, as set forth above, in ihe event ttat the City
tcansfers responsibiliries to another Designated Entiry, or in the eveat of the dissolution of SPNN, any
unspent or unobligazed funds received fzom the cable company as the Designated Entity, shall be paid to
any other Designated Entity, wiihin 90 days of notification of �eallocanon or dissolution. SPNN shall
immediately release control of all equipmeat and materials to the City, excepting those items wtrich are
identified in the books and records of SPNN as purchased with funds other than those received from
MediaOae.
XIV. DISPOSiTION OF DOCiIMENTS/MATERIALS
In ihe event that the City uansfers responsibility to another Designated Entity, or in the evern of the
dissolution of SPNN, SPNN shall provide the City with copies of all SPNN documents, files, computer
disks, videotapes, etc., including but not limitsd to lists of trained and certified access users and their
respective levels of training and certifiqrion; forms necessazy to the day-to-ciay operations of access;
opetating policies and procedures. This requirement shall not include any SPNN members]up lists.
XV. COMPLAINTS
SFNN may, at any time, file in writing with the Office of Cable Communications, complaitrts concerning
the operation of the cable system that have a bearing on SPNN's performance under this Agreement. The
Cabie Communications Officer shall invesrigate the complaints pursuant to Saint Paul Legislative Code
§430.034.
XVI. CONTINGENT FUNDING
Continued perfomiance of this Agreemeirt by the City is contingent upon continued funding of Access and
Community Programming in accordance with the Franchise Agreement and subject to any subsequent
amendments to the Franchise Agreement.
XVII. TERM OF AGREEMENT
This Agreeme� shall commence on the date the Council resolution approving ttus document gces urto
effect and shall remain in effect until June 30, 2001,
XVIII. t�iMEA3DMENTS TO AGREEMENT
This Agreemert may be amended by mutual agreement of the parties. Additionally, both parties
aclmowledge that the City is involved in a process wluch may result in the City granting additional cable
franchises, and therefore, both parties agree that this Agreement may be amended by the City so as to not
be inconsiste� with any such additional franchises granted by the City.
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XIX. AGREEMENT WFiOLE AI�iD CQNCLUSIVE
The parties expressly state that this Agreemeat, together with Appendiaces and Amendmerns, constitutes the
whole understanding of the parties as to the perforcnance of SPNN pursuaat to the Franchise Agreement
and that no understandings outside of the Agrcemern aze perlinent to SPNN's pezfonnance. No right or
privilege is granted or conferred by the Agrcemem except those specifically prescribed herein. In acceP�B
this contract SPNN aclmowledges that its rights hereunder aze sub,}ect to the lawful exercise of the police
power of the City to adopt and enforce general ordinances necessary to the safety and welfare of the public,
and further that SFNN shall ai all times comply with all applicable presern and futute laws, rules and
regulations.
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XX. SIGNATURES
IN WIINESS HEREOF, the parries have set the'u hands on the dates indicated.
Cable Access St. Paul, Inc. d.b.a.
SAINT FA NEIGHBORHOOD NETWORK
i
P esi t
G 1� �G�
Date
CiTY OF SAIlVT PAUL
No:m Coleman, Mayor
Date
Vi4c�al�'
Vice President
rt— � e-���
,
Bire , Office of Financial Services
6 - � ' ZF��rc7
Date
Secretary
( , Z� �v
Date -
�.
��/,�
- -� .
Date
Director, �''"
Department of Technology and Management Services
Date
Approved as to fornt
Ass� C Attomey
�- �� ��
D�
�1� /�
DateT'
12
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DEPAR"I:MENT OF TECHNOLOCY AND
bo -��y
�IANAGEMENT SERVICES
PererHames, Director
SAIYT • • 1 � ♦
➢AUL
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TO:
FROM:
DATE:
SUBJECT:
'OFF7CEOFCABLE Telephone:651-2668870
COMNlUNICATTONS Facsimt1e:651-26G$87!
68CityHall
I S N Kellogg B1vd.
SmntPauLMmnesata 55102
,�
City Clerk's Office
Thomas Boraas, Office of Cable Communications
266-8885
3uly I1, 2000
Signed Agreements for Cable Access Programming
Attached are two signed original agreements to be placed on file with the City Clerk's Office.
Government Playback Services Agreement
Council File 00-613 (copy attached)
Performance Agreement
Council File 00-614 (copy attached)
ORIGfNAL
riesenced
Referred To
Committee Date
RESOLUTION...
1 WHEREAS, the cable franchise agreement with MediaOne of Saint Paul, Inc. provides that the City may designate a
2 non-profit e�ity, hereinafter referred to as the "Desi�nated Entity," or entiues to manage public and educarional access
3 and community programming on the local cable television system; and
4 WHEREAS, a contract for services (Perfom�ance Agreement) between the Ciry of Saint Paul and Cable Access Saint
5 Paul, Inc., d/b/a Saint Paul Neighborhood Network, hereinafter referred to as "SPNN," which outlines the duties,
6 responsibilities and obligations of the parties with respect to the provision of goods and services for public and
7 educational access and communiry progranuning by the Designazed Entiry has been in effect and will expire on June
8 30, 2000; and
9 WI�REAS, the City has detemvned that SPNN has performed its duties as Desigiated Entity in a manner
10 saUsfactory to the City and the Ciry desires that SPNN continue its role as the Designated Entiry; now, therefore, be it
11 RESOLVED, that SPNN is hereby designated the Ciry's Desin�nated Entiry for the purposes of the cable franchise;
12 and be it
13 FIJRTHER RESOLVED, that the proper Ciry officials are hereby authorized to execute the Performance Agreement
14 between Cable Access Saint Paul, Inc., d/b/a Saint Paul Neighborhood Network, and the Ciry of Saint Paul, a copy of
15 which is attached and incorporated herein by reference.
' 3;
''_;
Requested by Departrnent of:
Technology and Management Services
By: ,,C ��
$y; '� \ _ — c�i- , t---\ .�� ��
Approved by Mayor: Date: � `� �
By:
c<� J
RESOLUTION
CITY OF SAINT PAUL, aVI1NNESOTA
Councii File # p e —L��
Green SheeY # 1� 3 q� �
i�
Form A o d by Ciry Attorney
sy:
Approved y Mayor for Submission to Council
g / ( ���vV V"��
�'
Adopted by Council: Date: � � o
Adopaon Certified by Council Secretary
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PERFORMANCE AGREEMENT
betweeu
CABLE ACCESS - ST. PAUL, INC.
d.b.a. SAINT PAUL NEIGHBORHOOD NETWORK
and the
CITY OF SAINT PAUL /
July 2000 - June 2001 ,
An Agreement by and between the City of Saint Paul, Minnesota, a Minnesota municipal corporation
hereinafter referred to as "Ciry", and Cable Access — St. Paul, Inc., a Minnesota non-profit corporation,
d.b.a. Saint Paul Neighborhood Network, hereafter referred to as " SPNN".
DEFINITIONS ................................................................... 2
I . SERVICES ................................................................2
TASK I. Training ...................................................... 3
TASK II. Equipment and Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
TASK III. Access and Communiry Programming Channel Time . . . . . . . . . . . . . . . . . . . . 4
TASK N. Promotion of Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
TASK V. Other Management Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
II . EVALUATION ............................................................. 7
III. EQUIPMENT QWNERSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
IV. STATUS OF EMPLOYEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
V. HUMAN I2IGHTS ORDINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VI. VENDOR DEVELOPMENT OUTREACH PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VII. OFFICIALS DESIGNATED - SPNN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VIII. OFFICIALS DESIGNATED — CITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
IX . GRANT .................................................................. 9
X. SEVERABILITY ...........................................................9
XI. SUBCONTRACTING ....................................................... 9
XII. TERMINATION ...........................................................9
XIII. CONDITIONS OF DISSOLUT'ION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XIV. DISPOSTTION OF DOCUMENTS/MAT'ERIAI,S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
N COMPLAINTS ............................................................ 10
XVI. CONTINGENT FUNDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XVII. TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XVIII. AMENDMENTS TO AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XIX. AGREEMENT WHOLE AND CONCLUSIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
XX. SIGNATURES ............................................................ 12
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WI'TNESSETH:
It is mutually agreed by and between the City and SPNN as follows:
DEFINITIONS
For purpose of this Agreement:
"Access" shall mean the privilege of azry one who works or lives in Saint Paul to use the facilities,
equipment, and the cable Access Cl�annels provided by Minnesota Statutes and local ordinance.
All such access, including channel time, equipment, and staff, shall be available on a first-come,
first-seroed non-discrinunatory basis.
"Access Channels" shall mean those channeis dedicated by law, rule, regulation, or commitment of Cable
Company to the progr�TM�m;ng use of the general public and educational institutions.
"Access services" shall refer to services, equipment, and(or facilities provided to the general public and
educational institutions in support of the Access Channels. It sha71 not include services, equipmem,
and/or facilities ofthe City.
"Access Programming" sha11 meau prograznming under the editorial control of access users.
"Access Users" sk�all mean those members of the conummiry who create and/or present programming for
playback on the access cable channels.
"Business" shall mean all appropriate business activities in support of access users and the production of
access and community progranuning. Such business may include the solicitation of gifts of in-kind
and monetary support.
"Cable Company" shall mean MediaOne of Saim Paul, Inc., its successors and assigns and any other cable
francluse granted hy the City.
"Community Programming" shall mean progranuning under the editorial comrol of SP1V1V.
"Designated Entity" shall mean a non-profit entity or entities designated by the Ciry and further defined by
the Franchise Agreement.
"Equipment" shail mean any durable goods purchases made with funds provided by the Cable Company.
"Franchise Agreement" shall mean C.F.# 98-234, the renewal franchise granted to MediaOne of Saint
Paul, Inc. by the Ciry of Saint Paul and any subsequent amendments approved by the Saint Paul
City Council.
I. SERVICES
For the consideration hereinafter stated, the City names SPNN as the Designated Entity for the term of this
contract and SPNN agrees to provide management and promotional services to support Access and
Communiry Programming in accordance with this contract and the Franchise Agreement.
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TASK I. Training
1. SPNN sl�ail conduct an imroductory access orientation course. The course shall consist of public
access television philosophy, SPNN policies and procedures, audience development, how to use
public access, SPNN course offerings, publicity and promotion, and tours of the studios, edit
suites, access equipment and van. The introductory access orientarion course shall consist of at
least three contact hours per class, and such ciasses will be held at least once per month.
2. Basic level courses in video production, including studio production, field productioq and editing,
shall be offeced at least once every five weeks.
Intermediate level courses in video production, including studio production, field production, and
editing, shall be offered at least once every two months.
4. Advanced level courses in advanced video production techniques shall be offered at least once
every two months.
5. SPNN will take an active role in recruiting access users for its classes. Class recruitinent sha11 be
included in at least 80% of all promotion maYerials.
6. SPNN will provide at least two special trainmg or orientation programs per year to meet special
needs of local institutions and{or orguilzations.
7. SPNN will maintain a fonnal intemslrip program involving at least 10 students annually from the
secondazy and post secondary education communities in Saim Paul.
8. SPNN will manage the scheduling, registration, record keeping, production of materials,
evaluation, and other admuristrative tasks, including quarterly reports, for all of its educational and
training activities. Such reports, shall include student evaluations of their training.
TASK II. Equipment and Facilities
SPI3I3 will maintain inventory control and records of a11 Equipment with a purchase price
of $300 or more. The inventory shall include the make and model number of the
Equipment, serial number, purchase date and price, and current location and condiuon of
each piece of Equipment. Any Equipment which is disposed of shall continue to be camed
on the inventory with a notation of date of disposal and value received.
2. SPNN shall mainiain and repair Equipmem in a timely matmer keeging record of
maintenance and repair, and maurtain a plan for the purchase, replacement and acquisition
of Equipment. Such plan and revisions sha11 be submitted to the City's Cabie
Communications Officer with each annual report.
3. SPNN will implement and enforce policies for check out and use of Equipment and facilities,
manage Equipment/faciliries check out and use, and maintain a current log of Equipment check out
and use. SPNN facilities will be open at least 50 hours per week on at least six days per week
except for the follo�viug holidays: New Year's Day, Martin Luther King Jr.'s Day, Presidents'
3
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Day, Memorial Day (last Monday in May), Independence Day, I,abor Day, Thanksgving,
Christmas Eve, and Christrnas Day.
4. SPNN will maintain a log of complairns and responses regarding Equipment condition and use
policies. The log shall be available az all reasonable times for inspection by the City.
5. SPNN will maintain insurance in an amount and form acceptable to the City on all Equipment and
facilities mauaged by SPNN, naminn the Designated Exrtiry as the insured and the City as co-
insured. All insurance documents shall be submitted to the City's Cable Communicarions Officer
with the annual report and within thirry (30) days whenever amended.
6. SPNN will maintain facilities for training (as described in Task n, production, and administration
of Access and Community Programming consistent with tiris Agreement.
TASK III. Access and Community Prograr» Channel Titne
i. SPNN shall maintain and enforce polieies and procedures for allocating, reserving and using time
on the designated Access Channels. Such policies and all suhsequent policy changes shall be
submitted to the City's Cable Communications Officer within flurty (30) days of a change. No
program cablecast on an access channel shall violate federal, state, or local laws and regulations.
2. SPNN shall be responsible for the playback of video, audio and text prograznming on the four
designated Access channels, and one Community Progranunuig ckiannel in accordance with
SPNN's established policies and procedures. SPNN shall staff playback facilities to insure
program playback seven days per week and an average of tweive hours per day per channel, asul a
failure rate of no more tUau 5 percent of the total playback hours.
SPNN will produce and provide Community Programming, including, but not limited to, local
sports events, parades, social and poliucal events consi� of an average of 20 hours per month.
Such progranuning shall include the City Council and Mayoral Inauguration, the Mayor's State-of-
the-City Address, the Jr.— Sr. Royalry Pageant, the Truth-in-Ta�ztion Hearing, and up to three
other public events or meetings as requested by the Cable Communications Officer. The City will
provide a liaison on a staff available basis for the production of city govemment related
programming.
4. SPNN shall not engage in commercial production activities with for-profit entities.
5. SPNN will provide a full-time Educational Access Coordinator to serve the educarional access
community. Furthermore, SPNN will maintain an active Educarional Access Committee
comprised of representatives from public and private schools, both K-12 and post secondary, to
work with SPNN in the coordination and provision of Access services to the educational
wmmunity in Saint Paul.
TASK N. Promotion of Access
SPNN shail create and make available to the public at least one printed document describing the
Access and Communiry Progranuning resources available in the City of Saint Paul and how
citizens of Saint Paul may make use of the described resources.
�
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2. SPNN shall provide information about Access and Community Progranuning activities on a
regular basis for publication in Saint Paul community newspapers and ather media at least once a
month.
3. SPNN shall print, or azrange for printing, and distribute momhly schedules of programs cablecast
on the designated Access Channels. At least 2,000 schedules should be distributed each month,
4. SPNN shall provide or anange for speakers to discuss Access and Community Progranm�ing
activities and opportunities in Saint Paul. Such spealdng oppornmities shall be arraziged upon
request of a community organization or the City.
5. SPNN shall take advantage of its own video production services and produce programs and public
service announcements which explain how to use SPNN services and describe to the community
what is available at SPNN. These pro�razns or PSAs shall be cablecast at least five times per
week.
6. SPNN shall actively promote a community-based forum feahuing Saint Paul organizations and
issues and produce it twice a month.
7. SPNN shall hold open houses on a quarterly basis and invite the general public, schools, local
orgauizations and institutions.
TASK V: Other Management Services
1. SPNN will provide to the Ciry's Cable Communicauons Officer a meeting packet prior to and for
ail meetings in which a meeting packet is prepazed and delivered to the Board of Directors.
2. SPNN will maintain the following records and keep them availabie for review by the City.
A. EquipmenUfacilities purchase, use, and maintenance;
B. Use of Access and Community Programming channei time;
C. Access training provided; and
D. Complaints or disputes related to Access or Community Programm;ng.
The City shall tiave the right to inspect SPNN's business records and copy them at no eapense to
the City. SPNN's business records shall be maintained in conformance with this Agrcement and
shall be available for inspection during regulazly scheduled business hours or at such other time
mutually agreed to by the City and SPNN.
4. SPI3N will prepaze and submit to the City's Cable Communications Officer a balanced annual
operating budget foi the subsequem year at least 60 days before the end of SPNN's fiscal year.
Such budget shall be approved by the SPNN Boazd of Directors and adhere to standard accounting
and record keeping practices. At its expense, SPNN shail contract for a year�nd audit by a
Certified Public Acwuntant. SPNN shall submit audited financial statements to the Ciry's Cable
Communications Officer 120 days after year end. The report shall include a statement of the
auditor's verification of compliance with the provisions of Tasks I- V contained herein, and any
exceptions noted. SPN1V shall submit a plan for corrective action, if exceptions are significant.
5
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5. SPNN will provide copies of budget vs. actuat eapenditures to the City's Cable Communications
Officer 90 days after fiscal year end.
6. SPNN will provide the City's Cable Communications Officer a copy of its compiete monthly
compiled Snancial statements within one week of its monthly Board of Directors' meeting. For
assets and liabilities subject to significant measurement uncertainties, SPNN will disclose how the
reported amounts were derived and eacplain the estimates, assumptions, and judgmevts about future
events considered in their measurement. Also, unless otherwise provided in the report of compIled
statements, SPNN will provide a statement of cash flow. The cash-flow statement will be prepazed
and provided on a monthly basis together with its compiled financial statements.
SPNN shail not incur any debt obligations through loans or lines of credit, provided however, this
shall not prevem SPNN, in the normal course of business, from assuring short term obligations
which aze within the budget submiited to the City and which shall be repaid within thiriy (30) days.
By e�tample, such short term obligations as credit cazd obligations, equipment purchase
agreements, revoiving accounts for the purchase of supplies, and accrued but unpaid employee
benefits (e.g., accrued vacation days) sha116e pernutted.
8. SPNN shall not borrow from permanently restricted accounts.
9. SPNN cvill develop a three-year plan to achieve an equipment reserve accowrt balance equal to
$100,000 by December 31, 2003. This reserve fund balance will be dispiayed as a line item under
current assets on SPNN's monthly balance sheet beginning with SPNN's January 2001 financial
statements. The three-year plan will be provided to the Cable Communication Officer by December
15, 2000.
10. By Apri130, 2001, SPNN will re-evaluate its ten-year equipment pian in light of changing
technology and industry trends. The re-evaluation will consider the likelihood of successfully
achieving the plan's necessary and stated goals. SPNN's analysis and findings with rewmmended
changes will be provided to the City's Cable Communications Officer.
i l. Any circumstances that cause or could cause SPNl�i to experience meaningful financial difficulty
or othenvise represent a significant unplanned reduction in revenues or increase in expenditures or
losses shall be reported to the City's Cable Communications Officer within seven (7) days of
discovering the matter and ongoing conective action sha11 be periodically reported to the City's
Cable Communications Officer.
12, All paid positions, including that of the Execuuve Director, shali be subject to a fair and open
hiring process. SPNN shail comply with or exceed all federal, state, and local laws and regulations
relating to equal employmern opportunity. SPNN will submit to the City's Cable Communications
Officer for review, any revisions to its staffing plan, outlining its proposed personnel commitments
to fiilfill the tasks in this Agreement; including irainino, general access, educational access,
program playback, Community Progranuning production, and volunteer and staff development.
13. SPNN will prepare and submit four quarterly reports and an annual year-end report to the City's
Cable Communications Officer on the activities and tasks enumerated in this agreement. Reports
shall be based on SPNN's fiscal year and submitted on September 15, December 15, March 15,
and June 15. The Annual Report shall be submitted on 3uly 15.
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14. SPNN shall submit to the Cit�s Cable Communications Officer, at least one (1) months prior to
any election of Directors, a report on its nomination process including a sununary of activities and
progress. The process stiall be committed to recruitment of individuals representing diverse
communities of interest and relevant business and professional eaperience.
15. Within 15 days after its first regular meeting of the Boazd following the annual meeting, SPNN
shall report to the Cit�s Cable Communications Officer the Boazd of Duectors election resutts to
include the results of the Boazd's election of officers. The report shail include a complete Boazd
roster (including appointed members) and a brief biography of each.
16. SPNN shall abide by and remain in compliance with its organizational bylaws.
17. SPNN's Annuai Report shall be submitted to ihe Ciry's Cable Communications Officer on or
before July 15 and shall contain at least the following information:
• Membersirip stalistics at year end; including mimber of inembers under each membership category.
• Programming statistics on a per-channel basis for the past fiscal year, including number of hours
and programs of first-run local programming, number of hours and programs of first-run outside
programming, total hours of programmnig cablecast by week, and cablecast failure rate.
• A list of all complaints received during the past fiscal year and how and when they were resolved.
• Training statistics for public and educational access for the past fiscal year, inciuding course
schedules, attendance, recruiting efforts, etc., as described in Task I.
• Public access training plan for the coming year and results of the prior year plan.
• Educational access plan for the coming year and results of the prior year plan.
• Community Progiamming plan for the coming year and results of the prior year pian.
• A list of any Equipment disposed of during the past fiscal year, including description of item, how
disposed o£, and any compensation received for the Equipment.
• Current Equipment inventory, and replacemendacquisition plan.
• Current insurance documents. ..
• Updated business plan, including fundraising initiatives and other plans to generate revenue.
• A description of any changes to the Strategic Plan and reasons for the changes.
• Current mission statement.
• Current list of Board of Directors with short biograplries.
• Current list of staff members and organizational chart.
• Current employee policies.
• Current access user and channel policies.
• Currem membership categories, pnces, and benefits.
• Vendors identified in Saim Paul Adntinistrative Code 84.06 SPNN has used during the contract
year, and total doilars SPNN spent with such Vendors.
II. EVALUATION
SPNN agrees that an evaluation of its performance under this Agreement, mcluding an on-site inspection,
may be performed quarterly as deternuned by the City's Cable Communications Officer and following
receipt of the Annual Report. The City's Cable Communications Officer may wnduct an in-person
evaluation session with the SPNN Board of D'uectors and senior management as part of the annuai review.
Any evaluation shall be based on the fulfi]]ment of the terms and conditions herein. Should the City find
any instances of noncompliance after a review, the Cable Communications Officer shall transmit in writing
7
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a description of the azeas o£noncomplia.nce to SPNN within 30 days. SPNTi st�all respond to such norices
within 15 working days of receipt in writing, detailing wrrective actions to be taken.
11 � 1' 1 • 11'
SPNN agrees thai everything purchased with funds provided by MediaOne is the sole properry ofthe
Designated Entity wiih no righi, tifle, or interest therein vesting in SPNN. SPNN also agrees that funds
provided by MediaOne for the purpose of purchasing equipmeut are for the sole purpose of equipment
acquisition and that these funds aze to be used only for equipme�-related expenses. As such, all revenues
reco�uzed from the sale of equipment and all equipment purchased from these funds aze permanendy
restricted. During such time as SPNN, its successors and assigns, is acting as the Designated Entity, it is
understood that SPNN is oniy the temporary custodian of such properry and that SPNN has no rights of
ownership with respect to such properry. SPNN may not dispose of or othenvise use said properry so as to
enrich SPNN or to deprive any future Desiguated Entity of the full benefits of this property. The
Designated Entity shall have the right to dispose of old, outmoded and superIluous Equipment in
accordance with ordinary 6usiness practices so long as any henefits arising from such disgosition accrue to
the Designated Entity only. SPNN sha11 submit in writing to the City's Cable Communications Officer any
plans to dispose of Equipment at least two weeks prior to any such action.
City agrees that everytivng purchased with funds other than those provided by the Cable Company is the
sole properry of SPNN with no right, tiUe, or interest therein vesting in the City.
IV. STATUS OF EMPLOYEES
At all times, SPNN is an independent contractor. Neither SPNN nor its agents or its employees are
employees of the Ciry and aze enutled to none of the rights, privileges, and benefits granted regulaz City
employees. .
V. HUMAN RIGHTS ORDINANCE
SPNN agrees to be bound by Chapter 183 Human Rights, of Saint Paui Legislarive Code.
VI. VENDOR DEVELOPMENT OUTREACH PROGRAM
The City has a goal of assisting economically disadvantaged businesses to participate in public conuacts
through its Vendor Development Outreach Program, which is addressed in Chapter 84 of the Saint Paul
Administrative Code. The City requires SPNN to make a good faith effort to purchase goods, supplies,
and services in compliance with the Vendor Outreach Program during this contract period.
VII. OFFICIALS DESIGNATED — SPNN
SPNN designates its Executive Director as the person to be contacted by the City regazding this
Agreement. The Board of Directors of SPNN shail be the final authority in any SPNN policy
determinations.
DD-��`f
VIII. OFFICIALS DESIGNATED — CTfY
The City designates the Cable Communications O�cer of the Technology and Mavagement Services
Department as the person to be contacted by SPNN regarding this Agreement.
IX. GRANT
For SPNN's faithful performance of the services set forth in this contract and provided that SPNN has a
valid and binding contract with the Cable Company(s) to provide PEG services, the City agrees to direct
Cable Company(s) to make the payments to SPNN according to Section 304 of the Francluse Agrcement
and subject to any subsequent amendments to the Franchise Agreement.
The City, upon the recommendation of the Cable Communications Officer, also reserves the right to
withhold payment for noncompliance with this Agreement, and further reserves the right to reallocate
financial support to another Designated Entity or to other cable-related purposes for pubiic benefit
pursuant to the Franchise Agreement, Section 304. Should the City decide to withhold one or more
payments for noncompliance as deterniined in Section I, Task V# 4 and Section II of this Agreement, the
City shall send a written notice to SPNN at least fourteen working days in advance containing the following
information:
• Amount being withheld
• Specific reasons for withholding paymern
• Corrective actions requested
• Identification of dates by which corrective action is to be completed
X. SEVERABILITY
In the event any provision of this Agreement is deemed unwnstitutional, illegal or void as a matter of law,
the parties agree that a11 of the provisions of this Agreement which are not affected by such an occurrence
shall constitute a full and complete A�eement between the parties.
XI. SUBCONTRACTING
SPNN may not subcornract portions of this Agreemem until written approval is received from the City's
Cable Communications Officer; such approval shall not be unreasonably withheld.
XII. TERNIINATION
The City and SPNN reserve the right to temunate this Agreement or SPNN's selection as the Designated
Entiry without cause or penalty on sixry days written notice. Notwithstanding any provision contained in
this Agreement to the contrary, SPNN shall be emitled to pay iu expenses incurred in the normal course of
its business until such time as it is obligated to effect the below-referenced iransfer.
0
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XIII. CONDITIONS OF DISSOLUTION
Subject to SPI3N's right to pay iu normal operating expenses, as set forth above, in the event that the City
transfers responsibiliries to another Designated Entity, or in the event of the dissolution of SPNN, any
„ r�ent or unobligated funds received from the cable company as the Designated Ernity, shall be paid to
any other Designated Entity, within 90 days of notification of reallocation or dissolution. SPNN shall
immediately release co�ol of all equipment and materials to the City, excepting those items wluch are
identified in the books and records of SPNN as purchased with funds other than those received from
MediaOne.
XIV. DISPOSITION OF DOCUMENTSiMATERIALS
Tn the event that the City transfers responsibility to another Designated Entity, or in the event of the
dissolution of SPNN, SPNN shall provide the City with copies of all SPNN documents, files, computer
disks, videotapes, etc., including but nar limited to lists of trained and certified access users and their
respective levels of trainin� and certification; forms necessary to the day-to-day operations of access;
operating policies and procedures. This requiremem shall not include any SPNN membership lists.
XV. COMPLAINTS
SPNN may, at any time, file in writing with the Office of Cable Communications, complaints concerning
the operation of the cable system that have a bearing on SPNN's performance under this Agreement. The
Cable Communications Officer sha11 investigate the complaints pursuant to Saint Paul Legislative Code
§430.034.
XVI. CONTINGENT FUNDING
Cominued performance of this Agreement by the City is contingent upan continued funding of Access and
Community Programming in accordance with the Franchise Agreement and subjeet to any subsequent
amendments to the Franchise Agreement.
.���if�iLl�;i�.[i�e1:T�1�I�►Y�
This Agreement shail commence on the date the Council resolution approving this docutneirt goes into
effect and shall remain in effect until June 30, 2001.
XVIII. AMENDMENTS TO AGREEMENT
This Agreement may be amended by mutual agreement of the parties. Additionally, both parties
aciaiowledge that the Ciry is involved in a process which may result in the City granting additional cable
franchises, and therefore, both parties agree that this Agreement may be amended by the City so as to not
be inconsistent with any such additional franchises granted by the City.
10
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XIX. AGREEMENT WHOLE AND CONCLUSIVE
The parties e3cpressly state that Uvs Agrcement, together with Appendixes and Amendments, constitutes the
whole understanding of the parties as to the performance of SPNN pursuant to the Franchise Agreement
and that no underslandings outside of the Agreement aze pertinent to SPNN's perfom�ance. No right or
privilege is granted or conferred by the Agreement except those specifically prescribed herein. In accepting
this co�ract SPNN aclmowledges that its rights hereunder aze subject to ihe lawful exercise of the police
power of the Ciiy to adopt and enforce general ordinances necessary to the safety and welfare of the public,
and fiuther that SPNN shall at all times comply with ail applicable present and future laws, rules and
regulations.
11
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XX. SIGNATURES
IN WITNESS HEREOF, the parties have set their hands on the dates indicated.
Cable Access St. Paul, Inc. d.b.a.
SAINT PAUL NEIGHBORHOOD NETWORK
� �
�.�/ �,,.,
t
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Date
V'a�►�r
Vice President
Date
Secretary
Q
t0 �7.b � (�
Date '
Tr urer
�fZ�/�o
C1TY OF SAINT PAUL
��i�.t �rvct�Ff/w
Norm Co eman, M yor
�'l�'OU
Date
�-- n.— �
Dir or, 0 ce of Financial Services
� - �l - 7�od�
Date
of Technology and Management Services
�� l�
Date
Approved as to form
Assi t i ttomey
(o- a* - c�
Date
12
ORlGINAL
rresanced
Referred To
Council File # pe �L4�
Green Sheet # t� �l Y �
RESOLUTION
C{TY OF SAINT PAUL, MINNESOTA
��
Committee Date
RESOLUT70N...
1 WHEREAS, the cable franchise agreement with MediaOne of Saint Paul, Inc. provides that the City may desi�ate a
2 non-profit entity, hereinafter refened to as the "Designated Entity," or entiries to maziage public and educational access
3 and community progranuning on the local cable television system; and
4 WHEREAS, a contract for services (Performance Agjeement) between the Ciry of Saint Paul and Cable Access Saint
5 Paul, Inc., d16la Saint Paul Neighborhood Network, heren�after referred to as"SPNN," which outlines the duties,
b responsibilities and obligarions of the parties with respect to the provision of goods and services for public and
7 educational access and community progtaannung by the Designated Entity has been in effect and will expire on June
8 30, 2000; and
9 WHEREAS, the City has determined that SPNN has performed iis duties as Designated Entity in a inauner
10 satisfactory to the City and the City desires that SPNN continue its role as the Desi�ated Entity; now, therefore, be it
11 RESOLVED, that SPNN is hereby designated the City's Designated Emity for the purposes of the cable franchise;
12 and be it
13 FURTT�R RESOLVED, that the proper City oi�icials are hereby authorized to execute the Performance Agreement
14 between Cable Access Saint Paul, Tnc., dib/a Saint Paul Neighborhood Network, and the Ciry of Saint Paul, a copy of
l 5 �vhich is attached and incorporated herein by reference.
Requested by Department of.
Technology and Management Services
gy � / 9�'_
Form A ro d by City Attomey
By: �
Approved y Mayor for Submission to Council
B �yt �'��'vW"�.�
� ._
Approved by Mayor: Date: �� ` �
g c<�
Adopted by Council: Date: s-- a � a
Adoption Certified by Gouncil Secretary
I3olly FIansen 266-8875
6/28/00
o„��„A„�
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TOTAL # OF SIGNATURE PAGES
GREEN
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(CLIP ALL LOCATIONS FOR SIGNATURE)
/
Approving renewal of the Citys contract with Saint Paul Neighborhood Network (SPNN7 for the provision of Public and Educational access services
and communiTy ProgTammuig. .
or
PLANNfNG CAMMISSION
CIB COMMITTEE
CMl SERVICE COMMISSION
VRIATING PROBLEM i55UE, OPPORTUNI7Y (Who. Whak When, NiKVe. Wlqn
The City's cun�ent contract with SPNN wi11 expire 7une 30, Z000.
Hasthis Personlfirm erervrorVRd wMer a conhact torthis Aepartment4
VES NO
Hasthis P�eonfirtn�ever been a dty anpbyee?
YES NO
ooes m� v��n � a�wa �m namanrp� br am n,nem ar emwmee�
YES NQ
Istluspersonfim�afatg�zdve�MuYl , ,
YE$ NO
Uain all ves answeia m aeoerate sheet anG attach W ureen sheet
Current conhact services will not be intercupted and SPNN will remain accountable for contractge53'orinance regazding Puhlic and Educational access
services and community Pmgi'amm�ng• - . . - .
a�?
k;+�?� � '� ��A�
None.
IF APPROVED
There would be no "Designated Entity" to provide Public and Educational access services and community programming. These services would be
disrnpted, adversely affecting the public, community organizations, and educational institutions. �
707AL AMOUNi OF TRANSACTION f NA
FW7DIN6 SWRCE
COST/REVENUE BUDGETED (CIRCLE ON�
AC7{VITY NUMBER
l[ 3�.F7
9NPNCW.INFORMATION (EXPWNj
Oo -c �y
PERFORMANCE AGREEMENT
between
CABLE ACCESS - ST. PAUL, INC.
d.b.a. SAINT PAUL NEIGHBORHOOD NETWORK
and the
CITY OF SAINT PAUL
July 2000 - June 2001
An Agreement by and betwcen the City of Saint Paul, Minnesota, a Minnesota municipal corporation
hereinafter referred to as "City", and Cable Access — St. Paul, Inc., a Minnesota non-profit corporation,
d.b.a. Saim Paul Neighborhood Network, hereafter referred to as " SPNN".
DEFINiTIONS ................................................................... 2
I. SERVICES ................................................................ 2
TASK I. Train'v�g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
TASK II. Equipment and Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
TASK III. Access and Community Progranvning Cbannel Time . . . . . . . . . . . . . . . . . . . . 4
TASK IV. Promotion of Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
TASK V. Other Management Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
II. EVALBATfON ............................................................. 7
III. EQUIPMENT OWNERSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . 8
IV. STATUS OF EMPLOYEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
V. HUMAN RIGHTS ORDINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VI. VENDOR DEVELOPMENT OUTREACH PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VII. OFFICIALS DESIGNATED - SPNN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VIII. OFFICIALS DESIGNATED — C1TY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
IX . GRANT ..................................................................9
X. SEVERABILIT'Y ...........................................................9
XI. SUBCON'IRACTING . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
XII. TERMINATION ........................................................... 9
XIII. CONDITIONS OF DISSOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XIV. DISPOSTfION OF DOCUMENTS/MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
IV COMPLAINTS ............................................................ 10
XVI. CONTINGENT FL3NDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XVII. TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XVIII. AMENDMENTS TO AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XIX. AGItEEMENT WHOLE AND CONCLUSIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 1
XX. SIGAIAT[3itES ............................................................ 12
1
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wrrrr�ss�:
It is mutually agrced by and between the City and SPNN as follows:
DEFQIITIONS
Forpurpose ofthis Agreemem:
"Access" shall mean the privilege of any one who works or lives in Saint Paui to use the facilities,
equipment, and the cable Access Channels provided by Minnesota Statutes and local ordinance.
All such access, including channel time, equipment, and staff, shall be available on a first-come,
first-serve3 non-discriminatory basis.
"Access Cbannels" sha{1 mean those channels dedicated by law, rule, regulation, or commitrnent of Cable
Company to the progranuxiing use of the general public and educational institutions.
"Access services" shall refer to services, equipment, andlor facilities provided to the general public and
educational insritutions in support of the Access Channels. lt shall not include services, equipment,
andlor facilities ofthe City.
"Access Programming" shall mean programrtvng under the editorial control of access users.
"Access Users" shall mean those members of the community who create and/or present programming for
playback on the access cable channels.
"Business" shall mean all appropriate business activities in support of access users and the produckion of
access and community pro�ramnring. Such business may include the solicitation of gifts of in-ldud
and monetary support.
"Cable Company" shall mean MediaOne of Saint Paul, Inc., its successors and assigns and any other cable
franchise granted by the City.
"Community Programnung" shall mean progranuning under the editorial control of SPNN.
"Designated Entity" shall mean a non-profit entity or entities designated by the City and fiirther defined by
the Franchise Agreement.
"Equipment" shall mean any durable goods purchases made with funds provided by the Cable Company.
"Franchise Agreement" shall mean C.F.# 98-234, the renewal franclrise granted to MediaOne of Saint
Paul, Inc. by the City of Saint Paul and any subsequent amendmems approved by the Saint Paul
City Council.
I. SERVICES
For the consideration hereinafter stated, the City names SPIVIV as the Designated Entity for the term of this
contract and SPNTi agrees to provide management and promotional services to support Access and
Community Programming in accordance with this contract and the Franchise A.greemeirt.
�-��y
TASK I. Tiainin$
1. SPNN shall conduct an nmoductory access orie�ation course. The course shall consist ofpublic
access televisioa girilosophy, SPNN policies and procedures, audience development, how to use
public access, SPNN course offerings, publicity and promotion, and tours of the studios, edit
suites, access equipment and vaa. The inh�oductory access orientation course shall consist of at
least three comact hours per class, and such classes will be held at least once per momh.
2. Basic level courses in video production, including studio production, field production, and editing,
shall be offered ai least once every five weeks.
Intermediate level courses in video praluction, including studio production, field produciion, and
editing, shall be offered az least once every two montl�s.
4. Advanced level courses in advanced video production tecluvques shall be offered at least once
every two months.
SPNN will take an active role in recnuting access users for iu classes. Class recruihnent shall be
included in at least 80°l0 of ail promotion materials.
6. SPNN will provide at least two speciai training or oriensation programs per year to meet special
needs of local institutions and/or orgazrizations.
SPNN will maintain a formal interns3up program involving at least 10 students annually from the
secondary and post secondary education wmmunities in Saint Paul.
8. SPNN will manage the scheduling, regisuation, record keeping, production of materials,
evaluation, and other administrative tasks, including quarterly reports, for ail of its educational and
training acavities. Such reports, shall include student evaluations of their training.
TASK II. Equipment and Facilities
SPNN will maintain inveirtory cornrol and records of all Equipment with a purchase price
of $300 or more. The inventory shali include the make and model number of the
Equipment, serial number, purchase date and price, and current location and condition of
each piece of Equipment. Any Equipmem which is disposed of shall continue to be carried
on the inventory with a notation of date of disposal and value received.
2. SPNN shall maintain and repair Equipment in a timely manner keeping record of
maintenance and repair, and maintain a pian for fhe purchase, replacement and acquisition
of Equipment. Such plan and revisions shall be submitted to the City's Cable
Communications Officzr with each annual report.
SPNN will unplement and enforce policies for check out and use of Equipment and facilities,
manage Equipmern/facilities check out and use, and maintain a current log of Equipment check out
and use. SPNN facilities will be open at ]east SO hours per week on at least six days per week
except for the following holidays: New Year's Day, Martin Luther King Jr.'s Day, Presiderns'
Oo -tl�l
Day, Memorial Day {last Monday in May), Independence Day, Labor Day, Tbanksgiving,
Christmas Eve, and Cluistinas Day.
4. SPNN will maintain a log of complairns and responses regarding Equipmem condition and use
policies. The log shall be available at all reasonable times for inspection by the City.
5. SPNN will maintain insurance in an amount and form acceptable to the City on all Equipment and
facilities managed by SPNN, nami� the Desigaated Ernity as the insured and the City as co-
insured. All insurance documenu shall be submitted to the City's Cable Communications Officer
with the annual report and witk�iu thirry (3Q) days whenever amended.
6. SPNN will maintain faciliYies for training (as described in Task I), production, and administrarion
of Access and Community Progracnming consistent with this Agreement.
TASK III. Access and Community Prograznming Channel Time
SPNN shall maintain and enforce policies and procedures for allocating, reserving and using tune
on the designated Access Channels. Such policies and all subsequent po]icy changes shall be
submitted to the City's Cable Communications Officer wit]vn tiririy (30) days of a change. No
program cabiecast on an access channel sl�all violate federal, state, or local laws and regulations.
2. SPNN shall be responsible for the playback of video, audio and ter�t progranuning on the four
designated Access chazmeis, and one Community Programming channel in accordance with
SPNN's established policies and procedures. SPNN shall staff playback facilities to insure
program playback seven days per week and an average af twelve hours per day per cha�mel, and a
failure rate of no more than 5 percent of the total piayback hours.
3. SPNN will produce and provide Community Programcning, including, but not limited to, local
sports events, parades, social and political events consisting of an average of 20 hours per month.
Such programming shall include the City Council and Mayorai Inauguratioq the Mayor's State-of-
the-City Address, the Jr.— Sr. Royaky Pageant, the Tmth-in-Taxation Hearing, and up to tl�ree
other public events or meetings as requested by the Cable Commumcations Officer. The City wili
provide a liaison on a staff available basis for the production of city govemment related
progrunming.
4. SPNN shall not engage in commercial production activities with for-profit entities.
5. SP1VN will provide a full-time Educationai Access CoordinaLOr to serve the educational access
community. Furthermore, SPNN will maintain an active Etiucational Access Committee
comprised of representatives from public and private schools, both K-12 and post secondary, to
work with SPNN in the coordination and provision of Access services to the educational
community in Saim Paul.
TASK N. Promotion of Access
SPNN shail create and make availabie to the public at least one printed document describing the
Access and Community Programming resources available in the City of Saint Paul and how
cirizens of Saint Paui may make use of the described resources.
4
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2. SPNN shall provide inforn�ation about Access and Commwiiry Prograxnming activities on a
re basis for publication in Saint Paul community newspapers and other media at least once a
month.
SPNN shall prini, or arrange for printing, and distribute momhly schedules of progruns cablepst
on the designated Access Channels. At least 2,000 schedules shouid be distributed each month.
4. SPNN shall provide or arrauge for speakers to discuss Access and Community Proa n+*r+�
activities and opportunities in Saurt Paul. Such speaking opportunities shall be aaanged upoa
iequest of a cammunity organization or the City.
5. SPNN shall take advantage of its own video production services and produce programs and public
service announcements wlvch expiain how to use SP13N services and describe to the community
what is availabie at SPNN. These programs or PSAs shall be cablecast at least five times per
week.
6. SPNN shall acrively promote a community-based forum featuring Saint Paul organizations and
issues and produce it twice a motrth.
SPNN shall hold open houses on a quarterly basis and invite the general public, schools, local
organizations and institutions.
TASK V: Other Management Services
SPNN will provide to the City's Cable Communications (�cer a meeting packet prior to aad for
all m�tings in which a meeting packet is prepaced and delivered to the Board of Directors.
2. SPNN will maintain the following records and keep them available for review by the City.
A. Equipmendfacilities purchase, use, and maintenance;
B, ilse of Access and Communiry Progranuning channei time;
C. Acc�ss training provided; and
D. Complaints or disputes related to Access or Community Frogramming.
3. 'I'he City shall have the right to inspect SPNr3's business records and copy them at no expense to
the City. SPNN's business records shall be maintained in conformance with this Agreemeat and
shall be available for inspection during regulazly scheduled business hours or at such other time
mutually agreed to by the City and SP23N.
4. SPNN will prepaze and submit to the City's Cable Communicatious Officer a balanced annual
operating budget for the subsequent year at least b0 days before the end of SPNN's fiscal year.
Such budget shall be approved by the SPNN Board of Directors and adhere to standard accounting
and record keeging practices. At its expense, SPNN shall contract for a year-end audit by a
Certified Public Accountant. SP1VN shall submit audited financial statements to the City's Cable
Gommunications Officer 12Q days after year end. The report shall include a statement ofthe
auditor's verification of compliance with the provisions of Tasks I- V cornained herein, and any
exceptions noted. SPNN shall submit a plan for correcrive action, if exceptions are significant.
on -���1.
5. SPNN will provide copies of budget vs. actual eacpenditures to the City's Cable Communications
Officer 90 days after fiscal year end.
6. SPNN will provide the City's Cable Communications Officer a copy of its complete momlily
compiled finaneiai statements within one week of its mo�hly Board of D'uecton' meeting. For
assets and liabilities subject to significant measurement uncertainties, SPNN will disclose how the
reported aznousrts were derived and exglain the estimates, assumptions, and judgments about future
eveirts considered in theu measurement. Also, unless otherwise provided in the report of compiled
statemeats, SPNN will provide a statement of cash flow. The cash-flow statemeat will be prepated
and provided on a monthly basis together with its compiled financial statements.
SPNN shall not incur any debt ob]igations t]uough loans or lines of credit, provided however, t]ris
shall not prevent SPNN, in the normal caurse of business, from assuring short term obligations
which are within ihe budget submiited to the City and which shail be repaid within thirry (30) days.
By example, such short term obligations as credit card obligations, equipment purchase
agreemerns, revolving accouuts for the purchase of supplies, and acerued but unpaid employee
benefits (e.g., accrued vacation days) shall be pernritted.
8. SPNN shall not borrow from pern�anenfly restricted accounts.
9. SPNN will develop a three-year plan to achieve an equipment reserve account balance equai to
$100,000 by December 31, 2003. Tlris reserve fund balance will be displayed as a line item under
current assets on SPNN's monthly balance sheet beginning with SPNN's January 2001 financial
statemenu. The ttu�-year plan will be provided to the Cahle Communicarion Oflicer by Decembez
15, 2000. '
10. By Aprii 30, 2001, SPNN will re-evaluate its ten-year equipment plan in light of changing
technology and industry uends. The re-evaluation will consider the likelihood of successfully
achieving the plan's necessary and stated goals. SPNN's analysis and Sndings with recommended
changes wi11 be provided to the City's Cab1e Communications Officer.
I 1. Any circumstances that cause or couid cause SPNN to experience meaningful financial di$icuity
or otherwise represent a significant unplanned reduction in revenues or increase in expenditures or
losses shall be reported to the City's Cable Communicarions Officer witbin seven ('� days of
discovering the matter and ongoing corrective acrion shall be periodically reported to the City's
Cabie Communications Officer.
12. Ail paid positions, including that of the Executive D'uector, shali be subject to a fair and open
hiring process. SPNN shall comply with or �cced all federal, state, and local laws and regulations
relating to equal employment opportunity. SPNN will submit to ihe City's Cable Communications
Officer for review, any revisions to its staf&ng plan, outlining its proposed pezsonnel commitrnents
to futfill the tasks in this Agreement; including tcaining, general access, educational access,
program playback, Community Progranuning production, and volunteer and staff development.
13. SPIVI3 wili prepare and submit four quarterly reports and an annual year-end report to the City's
Cable Communications Officer on the activities and tasks enumerated in this agreement. Reports
sl�all be based on SPNN's fiscal year and submitted on September 15, December 15, Mazch 15,
and 3une I5. The Annual Report stiall be submitted on July 15.
00 - ���
14. SPNN shall submit to the City's Cable Communicarions Officer, at least one (1) months prior to
any election of Diiectors, a ieport on its nomination process including a summary of activities and
progress. The process shall be committed to recruitment of individuals representing diveise
communities of intetest and relevant 6usiness and pmfessional experience.
15. Witivn 15 days after its first regulaz meeting of iha Eoard following the annual meeting, SPNN
shaU report to ffie Cit}ts Cable Communications Officer the Board of Directors eleccion results to
include the results of the Board's elecrion of officers. The report shall include a complete Boazd
roster (including appointed members) and a brief biography of each.
16. SPNN shall abide by and remain in compliance with its organizational bylaws.
17. SPNN's Annual Report shall be submitted to the City's Cable Communications Officer on or
before 7uly 15 and shatl contain ai least the fo]lowing information:
• Membership staristics at year end; including number of inembers under each membezship category.
• Programming statistics on a per-channel basis for the past fiscal year, including number of hours
and programs of first-run local progranuiilng, number of hours and pro�rams of first-run outside
progrartmiing, total hours of progranuning cablecast by week, and cablecast failure tate.
• A list of all compLtints received during the past fiscal year and how and when they were resolved.
• Training statistics for public and educational access for the past fiscai year, including course
schedules, attendance, recruiting efforts, etc., as described in Task I.
• Public access training plan for the coming year and results of the prior year plan,
• Educational access plan for ihe coming year and results of the prior year plan.
• Community Prograniming plan for the coming year and results of the prior year plan.
• A list of any Equipment disposed of dnring the past fiscal year, including description of item, how
disposed of, and any compensation received for the Equipment.
• Current Equipment inventory, and repiacemern/acquisition plan.
• Current insurance documenu. .
• Updated business plan, inciuding fundraising initiatives and other plans to generate revenue.
• A description of any changes to the Strategic P1an and reasons for the cbanges.
• Current mission statement.
• Current list of Boazd of Directors with short biographies.
• Current list of staff members and organizational chart.
• Current employee policies.
• Cuirem access user and chaanel policies.
• Current membership categories, prices, and benefits.
• Vendors identified in Saint Paul Administrative Code 84.06 SPNN has used during the contract
year, and total dollars SPNN spent with such Vendors.
II. EVALUATION
SPNN agrees that an evaluation of its performance under tlris Agreement, including an on-site inspection,
may be performed quarterly as deteimined by the City's Cabie Communications Officer and following
receipt of the Annual Report. The City's Cable Communications Officer may conduct an in-person
evaluation session with the SPNN Board of Directors and senior management as part of the annual review.
Any evaluation shall be based on the fulfillment of the terms and conditions herein. Should the City Snd
any instances of noncompliance after a review, the Cable Communications Officer shall transmit in writing
Oo -61�{-
a description of the azeas o£noncompliance to SPNN within 30 days. SPIVN shall respond to such natices
within 15 worldng days of receipt in writing, detailing correcave actions to be taken.
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SPNN agrees that everything purchased cvith funds provided by MediaOne is the sole properry of the
Designated Entity with no right, tiUe, or interest therein vesting in SPNN. SPNN also agrees that funds
provided by MediaOne for the purQose of purchasing equipment are for the sole purpose of equipment
acquisition and that these funds aze to be used only for equipmern-related expenses. As such, all revenues
recognized from the sale of equipment and all equipment purchased from these funds aze perman�Uy
resdricted. During such time as SPNN, its successors and assigas, is acting as the Designated Entity, it is
understood tbat SPNN is only ihe tempornry custodian of such property and that SPNN has no rights of
ownerstrip with respect to such property. SPNN may not dispose of or otherwise use said property so as to
enrich SPNN or to deprive any future Designated Entity of the full benefits of tisis property. The
Designated Entity shall have the right to dispose of old, outrnoded and superfluous Equipment in
accordance with ordinary business pnctices so ]ong as azry benefits arising from such disposition accrue to
the Desigpated Entity only. SPNN shall submit in wriring to the Ciry's Cable Communications Qfficer any
plans to dispose of Equipment at least two weeks prior to any such action.
City agrees that everything purchased with funds other than those provided by the Cable Company is the
sole properry of SPNN with no right, tiUe, or interest therein vesting in the City.
IV. STATUS OF EMPLOYEES
At all times, SPNN is an independertt cAntractor. Neither SPNN nor its agenu or its employees aze
employees of the Ciry and aze entided to none of the rights, privileges, and benefits granted regular Ciry
empioyees. .
V, HUMAN RIGHTS ORDINANCE
SPNN agrees to be bound by Chapter 1&3 Human Righu, of Saint Paul Legislative Code.
VI. VENDOR DEVELOPMEIVT OUTREACH PROGRAM
The City has a goal of assisting economically disadvantaged businesses to participate in public contracts
through its Vendor Development Outreach Progrun, which is addressed in Chapter 84 of the Saint Paul
Administrative Code. The City requires SPNN to make a good faith effort to purchase goods, supplies,
and services in compliance with ihe Vendor OuVeach Program during this contract period.
VII. OFFICIALS DESIGNATED — SPNN
SPNN designates its Executive Director as the person to be contacted by the City regazding this
Agreement. The Board of Directors of SPNN shall be the final authority in any SPNN poliey
determinations.
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VIII. OFFICIALS DESIGNATED — CI'I'Y
The City designaTes the Cable Communications O�cer of the Technology and Management Services
Deparhnent as the peison to be contacted by SPNN regazding this Agreecnent.
IX. GRANT
For SPNNs faitUful perfom�ance of the services set forth in this contract and provided tkiat SPNN has a
valid and binding contract with the Cable Company(s) to provide PEG services, the City agrces to direct
Cable Company(s) to make the payments to SPNN according to Section 304 of the Franchise Agreement
and subject to any subsequexit amendments to the Franchise Agreement.
The Ciry, upon the recommendation of the Cable Communications Officer, also reserves the ri�t to
witbhold payment for nonwmpliance with t6is Agreement, and further reserves the right to reallocate
financial support to another Designated Entity or to other cable-related purposes for public benefit
pursuazrt to the FrancUise Agreemem, Section 304. Should the City decide to withhold one or more
payments for noncompliance as detemvned in Section I, Task V# 4 and Section II of flris Agreemern, the
City shall send a written notice to SPNN at least fourteen worldng days in advance contauring the following
infomiation:
• Amount being withheld
• Specific reasons for withholding payment
• Coaective actions requested
• IdentiScation of dates by which correcAve action is to be wmpleted
X. SEVERABILITY
In the event any provision of this Agreement is deemed unconstitutional, illegal or void as a matter of law,
the parties agree that all of the provisions of this Agreement which aze not affected by such an occurrence
shail constitute a full and complete Agreement between the parties.
XI. SUBCONTRACTII3G
SPNN may not subcontract portions of this Agreement until written approval is received from the City's
Cabie Communications Officer; such approval shall not be unreasonably withheld.
XII. TERMINATION
The City and SPNN reserve the right to terminate this Agreemeni or SPNN's selection as the Designated
Entity withont cause or penalty on sixty days written norice. Notwithstanding any provision contained in
this Agreement to the contrary, SPNN shall be entitled to pay its expenses ineurred in the normal course of
its business until such time as it is obiigated to effect the below-referenced transfer.
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XIII, CONDITIONS OF DISSOLUTION
Subject to SPNN's right to pay its normal operating expenses, as set forth above, in ihe event ttat the City
tcansfers responsibiliries to another Designated Entiry, or in the eveat of the dissolution of SPNN, any
unspent or unobligazed funds received fzom the cable company as the Designated Entity, shall be paid to
any other Designated Entity, wiihin 90 days of notification of �eallocanon or dissolution. SPNN shall
immediately release control of all equipmeat and materials to the City, excepting those items wtrich are
identified in the books and records of SPNN as purchased with funds other than those received from
MediaOae.
XIV. DISPOSiTION OF DOCiIMENTS/MATERIALS
In ihe event that the City uansfers responsibility to another Designated Entity, or in the evern of the
dissolution of SPNN, SPNN shall provide the City with copies of all SPNN documents, files, computer
disks, videotapes, etc., including but not limitsd to lists of trained and certified access users and their
respective levels of training and certifiqrion; forms necessazy to the day-to-ciay operations of access;
opetating policies and procedures. This requirement shall not include any SPNN members]up lists.
XV. COMPLAINTS
SFNN may, at any time, file in writing with the Office of Cable Communications, complaitrts concerning
the operation of the cable system that have a bearing on SPNN's performance under this Agreement. The
Cabie Communications Officer shall invesrigate the complaints pursuant to Saint Paul Legislative Code
§430.034.
XVI. CONTINGENT FUNDING
Continued perfomiance of this Agreemeirt by the City is contingent upon continued funding of Access and
Community Programming in accordance with the Franchise Agreement and subject to any subsequent
amendments to the Franchise Agreement.
XVII. TERM OF AGREEMENT
This Agreeme� shall commence on the date the Council resolution approving ttus document gces urto
effect and shall remain in effect until June 30, 2001,
XVIII. t�iMEA3DMENTS TO AGREEMENT
This Agreemert may be amended by mutual agreement of the parties. Additionally, both parties
aclmowledge that the City is involved in a process wluch may result in the City granting additional cable
franchises, and therefore, both parties agree that this Agreement may be amended by the City so as to not
be inconsiste� with any such additional franchises granted by the City.
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XIX. AGREEMENT WFiOLE AI�iD CQNCLUSIVE
The parties expressly state that this Agreemeat, together with Appendiaces and Amendmerns, constitutes the
whole understanding of the parties as to the perforcnance of SPNN pursuaat to the Franchise Agreement
and that no understandings outside of the Agrcemern aze perlinent to SPNN's pezfonnance. No right or
privilege is granted or conferred by the Agrcemem except those specifically prescribed herein. In acceP�B
this contract SPNN aclmowledges that its rights hereunder aze sub,}ect to the lawful exercise of the police
power of the City to adopt and enforce general ordinances necessary to the safety and welfare of the public,
and further that SFNN shall ai all times comply with all applicable presern and futute laws, rules and
regulations.
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XX. SIGNATURES
IN WIINESS HEREOF, the parries have set the'u hands on the dates indicated.
Cable Access St. Paul, Inc. d.b.a.
SAINT FA NEIGHBORHOOD NETWORK
i
P esi t
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Date
CiTY OF SAIlVT PAUL
No:m Coleman, Mayor
Date
Vi4c�al�'
Vice President
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,
Bire , Office of Financial Services
6 - � ' ZF��rc7
Date
Secretary
( , Z� �v
Date -
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- -� .
Date
Director, �''"
Department of Technology and Management Services
Date
Approved as to fornt
Ass� C Attomey
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D�
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DateT'
12
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DEPAR"I:MENT OF TECHNOLOCY AND
bo -��y
�IANAGEMENT SERVICES
PererHames, Director
SAIYT • • 1 � ♦
➢AUL
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TO:
FROM:
DATE:
SUBJECT:
'OFF7CEOFCABLE Telephone:651-2668870
COMNlUNICATTONS Facsimt1e:651-26G$87!
68CityHall
I S N Kellogg B1vd.
SmntPauLMmnesata 55102
,�
City Clerk's Office
Thomas Boraas, Office of Cable Communications
266-8885
3uly I1, 2000
Signed Agreements for Cable Access Programming
Attached are two signed original agreements to be placed on file with the City Clerk's Office.
Government Playback Services Agreement
Council File 00-613 (copy attached)
Performance Agreement
Council File 00-614 (copy attached)
ORIGfNAL
riesenced
Referred To
Committee Date
RESOLUTION...
1 WHEREAS, the cable franchise agreement with MediaOne of Saint Paul, Inc. provides that the City may designate a
2 non-profit e�ity, hereinafter referred to as the "Desi�nated Entity," or entiues to manage public and educarional access
3 and community programming on the local cable television system; and
4 WHEREAS, a contract for services (Perfom�ance Agreement) between the Ciry of Saint Paul and Cable Access Saint
5 Paul, Inc., d/b/a Saint Paul Neighborhood Network, hereinafter referred to as "SPNN," which outlines the duties,
6 responsibilities and obligations of the parties with respect to the provision of goods and services for public and
7 educational access and communiry progranuning by the Designazed Entiry has been in effect and will expire on June
8 30, 2000; and
9 WI�REAS, the City has detemvned that SPNN has performed its duties as Desigiated Entity in a manner
10 saUsfactory to the City and the Ciry desires that SPNN continue its role as the Designated Entiry; now, therefore, be it
11 RESOLVED, that SPNN is hereby designated the Ciry's Desin�nated Entiry for the purposes of the cable franchise;
12 and be it
13 FIJRTHER RESOLVED, that the proper Ciry officials are hereby authorized to execute the Performance Agreement
14 between Cable Access Saint Paul, Inc., d/b/a Saint Paul Neighborhood Network, and the Ciry of Saint Paul, a copy of
15 which is attached and incorporated herein by reference.
' 3;
''_;
Requested by Departrnent of:
Technology and Management Services
By: ,,C ��
$y; '� \ _ — c�i- , t---\ .�� ��
Approved by Mayor: Date: � `� �
By:
c<� J
RESOLUTION
CITY OF SAINT PAUL, aVI1NNESOTA
Councii File # p e —L��
Green SheeY # 1� 3 q� �
i�
Form A o d by Ciry Attorney
sy:
Approved y Mayor for Submission to Council
g / ( ���vV V"��
�'
Adopted by Council: Date: � � o
Adopaon Certified by Council Secretary
�o-��`f
PERFORMANCE AGREEMENT
betweeu
CABLE ACCESS - ST. PAUL, INC.
d.b.a. SAINT PAUL NEIGHBORHOOD NETWORK
and the
CITY OF SAINT PAUL /
July 2000 - June 2001 ,
An Agreement by and between the City of Saint Paul, Minnesota, a Minnesota municipal corporation
hereinafter referred to as "Ciry", and Cable Access — St. Paul, Inc., a Minnesota non-profit corporation,
d.b.a. Saint Paul Neighborhood Network, hereafter referred to as " SPNN".
DEFINITIONS ................................................................... 2
I . SERVICES ................................................................2
TASK I. Training ...................................................... 3
TASK II. Equipment and Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
TASK III. Access and Communiry Programming Channel Time . . . . . . . . . . . . . . . . . . . . 4
TASK N. Promotion of Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
TASK V. Other Management Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
II . EVALUATION ............................................................. 7
III. EQUIPMENT QWNERSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
IV. STATUS OF EMPLOYEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
V. HUMAN I2IGHTS ORDINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VI. VENDOR DEVELOPMENT OUTREACH PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VII. OFFICIALS DESIGNATED - SPNN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VIII. OFFICIALS DESIGNATED — CITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
IX . GRANT .................................................................. 9
X. SEVERABILITY ...........................................................9
XI. SUBCONTRACTING ....................................................... 9
XII. TERMINATION ...........................................................9
XIII. CONDITIONS OF DISSOLUT'ION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XIV. DISPOSTTION OF DOCUMENTS/MAT'ERIAI,S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
N COMPLAINTS ............................................................ 10
XVI. CONTINGENT FUNDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XVII. TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XVIII. AMENDMENTS TO AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XIX. AGREEMENT WHOLE AND CONCLUSIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
XX. SIGNATURES ............................................................ 12
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WI'TNESSETH:
It is mutually agreed by and between the City and SPNN as follows:
DEFINITIONS
For purpose of this Agreement:
"Access" shall mean the privilege of azry one who works or lives in Saint Paul to use the facilities,
equipment, and the cable Access Cl�annels provided by Minnesota Statutes and local ordinance.
All such access, including channel time, equipment, and staff, shall be available on a first-come,
first-seroed non-discrinunatory basis.
"Access Channels" shall mean those channeis dedicated by law, rule, regulation, or commitment of Cable
Company to the progr�TM�m;ng use of the general public and educational institutions.
"Access services" shall refer to services, equipment, and(or facilities provided to the general public and
educational institutions in support of the Access Channels. It sha71 not include services, equipmem,
and/or facilities ofthe City.
"Access Programming" sha11 meau prograznming under the editorial control of access users.
"Access Users" sk�all mean those members of the conummiry who create and/or present programming for
playback on the access cable channels.
"Business" shall mean all appropriate business activities in support of access users and the production of
access and community progranuning. Such business may include the solicitation of gifts of in-kind
and monetary support.
"Cable Company" shall mean MediaOne of Saim Paul, Inc., its successors and assigns and any other cable
francluse granted hy the City.
"Community Programming" shall mean progranuning under the editorial comrol of SP1V1V.
"Designated Entity" shall mean a non-profit entity or entities designated by the Ciry and further defined by
the Franchise Agreement.
"Equipment" shail mean any durable goods purchases made with funds provided by the Cable Company.
"Franchise Agreement" shall mean C.F.# 98-234, the renewal franchise granted to MediaOne of Saint
Paul, Inc. by the Ciry of Saint Paul and any subsequent amendments approved by the Saint Paul
City Council.
I. SERVICES
For the consideration hereinafter stated, the City names SPNN as the Designated Entity for the term of this
contract and SPNN agrees to provide management and promotional services to support Access and
Communiry Programming in accordance with this contract and the Franchise Agreement.
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TASK I. Training
1. SPNN sl�ail conduct an imroductory access orientation course. The course shall consist of public
access television philosophy, SPNN policies and procedures, audience development, how to use
public access, SPNN course offerings, publicity and promotion, and tours of the studios, edit
suites, access equipment and van. The introductory access orientarion course shall consist of at
least three contact hours per class, and such ciasses will be held at least once per month.
2. Basic level courses in video production, including studio production, field productioq and editing,
shall be offeced at least once every five weeks.
Intermediate level courses in video production, including studio production, field production, and
editing, shall be offered at least once every two months.
4. Advanced level courses in advanced video production techniques shall be offered at least once
every two months.
5. SPNN will take an active role in recruiting access users for its classes. Class recruitinent sha11 be
included in at least 80% of all promotion maYerials.
6. SPNN will provide at least two special trainmg or orientation programs per year to meet special
needs of local institutions and{or orguilzations.
7. SPNN will maintain a fonnal intemslrip program involving at least 10 students annually from the
secondazy and post secondary education communities in Saim Paul.
8. SPNN will manage the scheduling, registration, record keeping, production of materials,
evaluation, and other admuristrative tasks, including quarterly reports, for all of its educational and
training activities. Such reports, shall include student evaluations of their training.
TASK II. Equipment and Facilities
SPI3I3 will maintain inventory control and records of a11 Equipment with a purchase price
of $300 or more. The inventory shall include the make and model number of the
Equipment, serial number, purchase date and price, and current location and condiuon of
each piece of Equipment. Any Equipment which is disposed of shall continue to be camed
on the inventory with a notation of date of disposal and value received.
2. SPNN shall mainiain and repair Equipmem in a timely matmer keeging record of
maintenance and repair, and maurtain a plan for the purchase, replacement and acquisition
of Equipment. Such plan and revisions sha11 be submitted to the City's Cabie
Communications Officer with each annual report.
3. SPNN will implement and enforce policies for check out and use of Equipment and facilities,
manage Equipment/faciliries check out and use, and maintain a current log of Equipment check out
and use. SPNN facilities will be open at least 50 hours per week on at least six days per week
except for the follo�viug holidays: New Year's Day, Martin Luther King Jr.'s Day, Presidents'
3
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Day, Memorial Day (last Monday in May), Independence Day, I,abor Day, Thanksgving,
Christmas Eve, and Christrnas Day.
4. SPNN will maintain a log of complairns and responses regarding Equipment condition and use
policies. The log shall be available az all reasonable times for inspection by the City.
5. SPNN will maintain insurance in an amount and form acceptable to the City on all Equipment and
facilities mauaged by SPNN, naminn the Designated Exrtiry as the insured and the City as co-
insured. All insurance documents shall be submitted to the City's Cable Communicarions Officer
with the annual report and within thirry (30) days whenever amended.
6. SPNN will maintain facilities for training (as described in Task n, production, and administration
of Access and Community Programming consistent with tiris Agreement.
TASK III. Access and Community Prograr» Channel Titne
i. SPNN shall maintain and enforce polieies and procedures for allocating, reserving and using time
on the designated Access Channels. Such policies and all suhsequent policy changes shall be
submitted to the City's Cable Communications Officer within flurty (30) days of a change. No
program cablecast on an access channel shall violate federal, state, or local laws and regulations.
2. SPNN shall be responsible for the playback of video, audio and text prograznming on the four
designated Access channels, and one Community Progranunuig ckiannel in accordance with
SPNN's established policies and procedures. SPNN shall staff playback facilities to insure
program playback seven days per week and an average of tweive hours per day per channel, asul a
failure rate of no more tUau 5 percent of the total playback hours.
SPNN will produce and provide Community Programming, including, but not limited to, local
sports events, parades, social and poliucal events consi� of an average of 20 hours per month.
Such progranuning shall include the City Council and Mayoral Inauguration, the Mayor's State-of-
the-City Address, the Jr.— Sr. Royalry Pageant, the Truth-in-Ta�ztion Hearing, and up to three
other public events or meetings as requested by the Cable Communications Officer. The City will
provide a liaison on a staff available basis for the production of city govemment related
programming.
4. SPNN shall not engage in commercial production activities with for-profit entities.
5. SPNN will provide a full-time Educational Access Coordinator to serve the educarional access
community. Furthermore, SPNN will maintain an active Educarional Access Committee
comprised of representatives from public and private schools, both K-12 and post secondary, to
work with SPNN in the coordination and provision of Access services to the educational
wmmunity in Saint Paul.
TASK N. Promotion of Access
SPNN shail create and make available to the public at least one printed document describing the
Access and Communiry Progranuning resources available in the City of Saint Paul and how
citizens of Saint Paul may make use of the described resources.
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2. SPNN shall provide information about Access and Community Progranuning activities on a
regular basis for publication in Saint Paul community newspapers and ather media at least once a
month.
3. SPNN shall print, or azrange for printing, and distribute momhly schedules of programs cablecast
on the designated Access Channels. At least 2,000 schedules should be distributed each month,
4. SPNN shall provide or anange for speakers to discuss Access and Community Progranm�ing
activities and opportunities in Saint Paul. Such spealdng oppornmities shall be arraziged upon
request of a community organization or the City.
5. SPNN shall take advantage of its own video production services and produce programs and public
service announcements which explain how to use SPNN services and describe to the community
what is available at SPNN. These pro�razns or PSAs shall be cablecast at least five times per
week.
6. SPNN shall actively promote a community-based forum feahuing Saint Paul organizations and
issues and produce it twice a month.
7. SPNN shall hold open houses on a quarterly basis and invite the general public, schools, local
orgauizations and institutions.
TASK V: Other Management Services
1. SPNN will provide to the Ciry's Cable Communicauons Officer a meeting packet prior to and for
ail meetings in which a meeting packet is prepazed and delivered to the Board of Directors.
2. SPNN will maintain the following records and keep them availabie for review by the City.
A. EquipmenUfacilities purchase, use, and maintenance;
B. Use of Access and Community Programming channei time;
C. Access training provided; and
D. Complaints or disputes related to Access or Community Programm;ng.
The City shall tiave the right to inspect SPNN's business records and copy them at no eapense to
the City. SPNN's business records shall be maintained in conformance with this Agrcement and
shall be available for inspection during regulazly scheduled business hours or at such other time
mutually agreed to by the City and SPNN.
4. SPI3N will prepaze and submit to the City's Cable Communications Officer a balanced annual
operating budget foi the subsequem year at least 60 days before the end of SPNN's fiscal year.
Such budget shall be approved by the SPNN Boazd of Directors and adhere to standard accounting
and record keeping practices. At its expense, SPNN shail contract for a year�nd audit by a
Certified Public Acwuntant. SPNN shall submit audited financial statements to the Ciry's Cable
Communications Officer 120 days after year end. The report shall include a statement of the
auditor's verification of compliance with the provisions of Tasks I- V contained herein, and any
exceptions noted. SPN1V shall submit a plan for corrective action, if exceptions are significant.
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5. SPNN will provide copies of budget vs. actuat eapenditures to the City's Cable Communications
Officer 90 days after fiscal year end.
6. SPNN will provide the City's Cable Communications Officer a copy of its compiete monthly
compiled Snancial statements within one week of its monthly Board of Directors' meeting. For
assets and liabilities subject to significant measurement uncertainties, SPNN will disclose how the
reported amounts were derived and eacplain the estimates, assumptions, and judgmevts about future
events considered in their measurement. Also, unless otherwise provided in the report of compIled
statements, SPNN will provide a statement of cash flow. The cash-flow statement will be prepazed
and provided on a monthly basis together with its compiled financial statements.
SPNN shail not incur any debt obligations through loans or lines of credit, provided however, this
shall not prevem SPNN, in the normal course of business, from assuring short term obligations
which aze within the budget submiited to the City and which shall be repaid within thiriy (30) days.
By e�tample, such short term obligations as credit cazd obligations, equipment purchase
agreements, revoiving accounts for the purchase of supplies, and accrued but unpaid employee
benefits (e.g., accrued vacation days) sha116e pernutted.
8. SPNN shall not borrow from permanently restricted accounts.
9. SPNN cvill develop a three-year plan to achieve an equipment reserve accowrt balance equal to
$100,000 by December 31, 2003. This reserve fund balance will be dispiayed as a line item under
current assets on SPNN's monthly balance sheet beginning with SPNN's January 2001 financial
statements. The three-year plan will be provided to the Cable Communication Officer by December
15, 2000.
10. By Apri130, 2001, SPNN will re-evaluate its ten-year equipment pian in light of changing
technology and industry trends. The re-evaluation will consider the likelihood of successfully
achieving the plan's necessary and stated goals. SPNN's analysis and findings with rewmmended
changes will be provided to the City's Cable Communications Officer.
i l. Any circumstances that cause or could cause SPNl�i to experience meaningful financial difficulty
or othenvise represent a significant unplanned reduction in revenues or increase in expenditures or
losses shall be reported to the City's Cable Communications Officer within seven (7) days of
discovering the matter and ongoing conective action sha11 be periodically reported to the City's
Cable Communications Officer.
12, All paid positions, including that of the Execuuve Director, shali be subject to a fair and open
hiring process. SPNN shail comply with or exceed all federal, state, and local laws and regulations
relating to equal employmern opportunity. SPNN will submit to the City's Cable Communications
Officer for review, any revisions to its staffing plan, outlining its proposed personnel commitments
to fiilfill the tasks in this Agreement; including irainino, general access, educational access,
program playback, Community Progranuning production, and volunteer and staff development.
13. SPNN will prepare and submit four quarterly reports and an annual year-end report to the City's
Cable Communications Officer on the activities and tasks enumerated in this agreement. Reports
shall be based on SPNN's fiscal year and submitted on September 15, December 15, March 15,
and June 15. The Annual Report shall be submitted on 3uly 15.
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14. SPNN shall submit to the Cit�s Cable Communications Officer, at least one (1) months prior to
any election of Directors, a report on its nomination process including a sununary of activities and
progress. The process stiall be committed to recruitment of individuals representing diverse
communities of interest and relevant business and professional eaperience.
15. Within 15 days after its first regular meeting of the Boazd following the annual meeting, SPNN
shall report to the Cit�s Cable Communications Officer the Boazd of Duectors election resutts to
include the results of the Boazd's election of officers. The report shail include a complete Boazd
roster (including appointed members) and a brief biography of each.
16. SPNN shall abide by and remain in compliance with its organizational bylaws.
17. SPNN's Annuai Report shall be submitted to ihe Ciry's Cable Communications Officer on or
before July 15 and shall contain at least the following information:
• Membersirip stalistics at year end; including mimber of inembers under each membership category.
• Programming statistics on a per-channel basis for the past fiscal year, including number of hours
and programs of first-run local programming, number of hours and programs of first-run outside
programming, total hours of programmnig cablecast by week, and cablecast failure rate.
• A list of all complaints received during the past fiscal year and how and when they were resolved.
• Training statistics for public and educational access for the past fiscal year, inciuding course
schedules, attendance, recruiting efforts, etc., as described in Task I.
• Public access training plan for the coming year and results of the prior year plan.
• Educational access plan for the coming year and results of the prior year plan.
• Community Progiamming plan for the coming year and results of the prior year pian.
• A list of any Equipment disposed of during the past fiscal year, including description of item, how
disposed o£, and any compensation received for the Equipment.
• Current Equipment inventory, and replacemendacquisition plan.
• Current insurance documents. ..
• Updated business plan, including fundraising initiatives and other plans to generate revenue.
• A description of any changes to the Strategic Plan and reasons for the changes.
• Current mission statement.
• Current list of Board of Directors with short biograplries.
• Current list of staff members and organizational chart.
• Current employee policies.
• Current access user and channel policies.
• Currem membership categories, pnces, and benefits.
• Vendors identified in Saim Paul Adntinistrative Code 84.06 SPNN has used during the contract
year, and total doilars SPNN spent with such Vendors.
II. EVALUATION
SPNN agrees that an evaluation of its performance under this Agreement, mcluding an on-site inspection,
may be performed quarterly as deternuned by the City's Cable Communications Officer and following
receipt of the Annual Report. The City's Cable Communications Officer may wnduct an in-person
evaluation session with the SPNN Board of D'uectors and senior management as part of the annuai review.
Any evaluation shall be based on the fulfi]]ment of the terms and conditions herein. Should the City find
any instances of noncompliance after a review, the Cable Communications Officer shall transmit in writing
7
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a description of the azeas o£noncomplia.nce to SPNN within 30 days. SPNTi st�all respond to such norices
within 15 working days of receipt in writing, detailing wrrective actions to be taken.
11 � 1' 1 • 11'
SPNN agrees thai everything purchased with funds provided by MediaOne is the sole properry ofthe
Designated Entity wiih no righi, tifle, or interest therein vesting in SPNN. SPNN also agrees that funds
provided by MediaOne for the purpose of purchasing equipmeut are for the sole purpose of equipment
acquisition and that these funds aze to be used only for equipme�-related expenses. As such, all revenues
reco�uzed from the sale of equipment and all equipment purchased from these funds aze permanendy
restricted. During such time as SPNN, its successors and assigns, is acting as the Designated Entity, it is
understood that SPNN is oniy the temporary custodian of such properry and that SPNN has no rights of
ownership with respect to such properry. SPNN may not dispose of or othenvise use said properry so as to
enrich SPNN or to deprive any future Desiguated Entity of the full benefits of this property. The
Designated Entity shall have the right to dispose of old, outmoded and superIluous Equipment in
accordance with ordinary 6usiness practices so long as any henefits arising from such disgosition accrue to
the Designated Entity only. SPNN sha11 submit in writing to the City's Cable Communications Officer any
plans to dispose of Equipment at least two weeks prior to any such action.
City agrees that everytivng purchased with funds other than those provided by the Cable Company is the
sole properry of SPNN with no right, tiUe, or interest therein vesting in the City.
IV. STATUS OF EMPLOYEES
At all times, SPNN is an independent contractor. Neither SPNN nor its agents or its employees are
employees of the Ciry and aze enutled to none of the rights, privileges, and benefits granted regulaz City
employees. .
V. HUMAN RIGHTS ORDINANCE
SPNN agrees to be bound by Chapter 183 Human Rights, of Saint Paui Legislarive Code.
VI. VENDOR DEVELOPMENT OUTREACH PROGRAM
The City has a goal of assisting economically disadvantaged businesses to participate in public conuacts
through its Vendor Development Outreach Program, which is addressed in Chapter 84 of the Saint Paul
Administrative Code. The City requires SPNN to make a good faith effort to purchase goods, supplies,
and services in compliance with the Vendor Outreach Program during this contract period.
VII. OFFICIALS DESIGNATED — SPNN
SPNN designates its Executive Director as the person to be contacted by the City regazding this
Agreement. The Board of Directors of SPNN shail be the final authority in any SPNN policy
determinations.
DD-��`f
VIII. OFFICIALS DESIGNATED — CTfY
The City designates the Cable Communications O�cer of the Technology and Mavagement Services
Department as the person to be contacted by SPNN regarding this Agreement.
IX. GRANT
For SPNN's faithful performance of the services set forth in this contract and provided that SPNN has a
valid and binding contract with the Cable Company(s) to provide PEG services, the City agrees to direct
Cable Company(s) to make the payments to SPNN according to Section 304 of the Francluse Agrcement
and subject to any subsequent amendments to the Franchise Agreement.
The City, upon the recommendation of the Cable Communications Officer, also reserves the right to
withhold payment for noncompliance with this Agreement, and further reserves the right to reallocate
financial support to another Designated Entity or to other cable-related purposes for pubiic benefit
pursuant to the Franchise Agreement, Section 304. Should the City decide to withhold one or more
payments for noncompliance as deterniined in Section I, Task V# 4 and Section II of this Agreement, the
City shall send a written notice to SPNN at least fourteen working days in advance containing the following
information:
• Amount being withheld
• Specific reasons for withholding paymern
• Corrective actions requested
• Identification of dates by which corrective action is to be completed
X. SEVERABILITY
In the event any provision of this Agreement is deemed unwnstitutional, illegal or void as a matter of law,
the parties agree that a11 of the provisions of this Agreement which are not affected by such an occurrence
shall constitute a full and complete A�eement between the parties.
XI. SUBCONTRACTING
SPNN may not subcornract portions of this Agreemem until written approval is received from the City's
Cable Communications Officer; such approval shall not be unreasonably withheld.
XII. TERNIINATION
The City and SPNN reserve the right to temunate this Agreement or SPNN's selection as the Designated
Entiry without cause or penalty on sixry days written notice. Notwithstanding any provision contained in
this Agreement to the contrary, SPNN shall be emitled to pay iu expenses incurred in the normal course of
its business until such time as it is obligated to effect the below-referenced iransfer.
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XIII. CONDITIONS OF DISSOLUTION
Subject to SPI3N's right to pay iu normal operating expenses, as set forth above, in the event that the City
transfers responsibiliries to another Designated Entity, or in the event of the dissolution of SPNN, any
„ r�ent or unobligated funds received from the cable company as the Designated Ernity, shall be paid to
any other Designated Entity, within 90 days of notification of reallocation or dissolution. SPNN shall
immediately release co�ol of all equipment and materials to the City, excepting those items wluch are
identified in the books and records of SPNN as purchased with funds other than those received from
MediaOne.
XIV. DISPOSITION OF DOCUMENTSiMATERIALS
Tn the event that the City transfers responsibility to another Designated Entity, or in the event of the
dissolution of SPNN, SPNN shall provide the City with copies of all SPNN documents, files, computer
disks, videotapes, etc., including but nar limited to lists of trained and certified access users and their
respective levels of trainin� and certification; forms necessary to the day-to-day operations of access;
operating policies and procedures. This requiremem shall not include any SPNN membership lists.
XV. COMPLAINTS
SPNN may, at any time, file in writing with the Office of Cable Communications, complaints concerning
the operation of the cable system that have a bearing on SPNN's performance under this Agreement. The
Cable Communications Officer sha11 investigate the complaints pursuant to Saint Paul Legislative Code
§430.034.
XVI. CONTINGENT FUNDING
Cominued performance of this Agreement by the City is contingent upan continued funding of Access and
Community Programming in accordance with the Franchise Agreement and subjeet to any subsequent
amendments to the Franchise Agreement.
.���if�iLl�;i�.[i�e1:T�1�I�►Y�
This Agreement shail commence on the date the Council resolution approving this docutneirt goes into
effect and shall remain in effect until June 30, 2001.
XVIII. AMENDMENTS TO AGREEMENT
This Agreement may be amended by mutual agreement of the parties. Additionally, both parties
aciaiowledge that the Ciry is involved in a process which may result in the City granting additional cable
franchises, and therefore, both parties agree that this Agreement may be amended by the City so as to not
be inconsistent with any such additional franchises granted by the City.
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XIX. AGREEMENT WHOLE AND CONCLUSIVE
The parties e3cpressly state that Uvs Agrcement, together with Appendixes and Amendments, constitutes the
whole understanding of the parties as to the performance of SPNN pursuant to the Franchise Agreement
and that no underslandings outside of the Agreement aze pertinent to SPNN's perfom�ance. No right or
privilege is granted or conferred by the Agreement except those specifically prescribed herein. In accepting
this co�ract SPNN aclmowledges that its rights hereunder aze subject to ihe lawful exercise of the police
power of the Ciiy to adopt and enforce general ordinances necessary to the safety and welfare of the public,
and fiuther that SPNN shall at all times comply with ail applicable present and future laws, rules and
regulations.
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XX. SIGNATURES
IN WITNESS HEREOF, the parties have set their hands on the dates indicated.
Cable Access St. Paul, Inc. d.b.a.
SAINT PAUL NEIGHBORHOOD NETWORK
� �
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Date
V'a�►�r
Vice President
Date
Secretary
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Date '
Tr urer
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C1TY OF SAINT PAUL
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Norm Co eman, M yor
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Date
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Dir or, 0 ce of Financial Services
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Date
of Technology and Management Services
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Date
Approved as to form
Assi t i ttomey
(o- a* - c�
Date
12
ORlGINAL
rresanced
Referred To
Council File # pe �L4�
Green Sheet # t� �l Y �
RESOLUTION
C{TY OF SAINT PAUL, MINNESOTA
��
Committee Date
RESOLUT70N...
1 WHEREAS, the cable franchise agreement with MediaOne of Saint Paul, Inc. provides that the City may desi�ate a
2 non-profit entity, hereinafter refened to as the "Designated Entity," or entiries to maziage public and educational access
3 and community progranuning on the local cable television system; and
4 WHEREAS, a contract for services (Performance Agjeement) between the Ciry of Saint Paul and Cable Access Saint
5 Paul, Inc., d16la Saint Paul Neighborhood Network, heren�after referred to as"SPNN," which outlines the duties,
b responsibilities and obligarions of the parties with respect to the provision of goods and services for public and
7 educational access and community progtaannung by the Designated Entity has been in effect and will expire on June
8 30, 2000; and
9 WHEREAS, the City has determined that SPNN has performed iis duties as Designated Entity in a inauner
10 satisfactory to the City and the City desires that SPNN continue its role as the Desi�ated Entity; now, therefore, be it
11 RESOLVED, that SPNN is hereby designated the City's Designated Emity for the purposes of the cable franchise;
12 and be it
13 FURTT�R RESOLVED, that the proper City oi�icials are hereby authorized to execute the Performance Agreement
14 between Cable Access Saint Paul, Tnc., dib/a Saint Paul Neighborhood Network, and the Ciry of Saint Paul, a copy of
l 5 �vhich is attached and incorporated herein by reference.
Requested by Department of.
Technology and Management Services
gy � / 9�'_
Form A ro d by City Attomey
By: �
Approved y Mayor for Submission to Council
B �yt �'��'vW"�.�
� ._
Approved by Mayor: Date: �� ` �
g c<�
Adopted by Council: Date: s-- a � a
Adoption Certified by Gouncil Secretary
I3olly FIansen 266-8875
6/28/00
o„��„A„�
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oxoae
TOTAL # OF SIGNATURE PAGES
GREEN
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❑ arc�Tr°°ee ' " - ❑ °'rmuc —
❑ swxcutacavr.csoa •13�' ! �_ � �w.aeaaNCera
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❑ MYdt1� W{sfMR3 � ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
/
Approving renewal of the Citys contract with Saint Paul Neighborhood Network (SPNN7 for the provision of Public and Educational access services
and communiTy ProgTammuig. .
or
PLANNfNG CAMMISSION
CIB COMMITTEE
CMl SERVICE COMMISSION
VRIATING PROBLEM i55UE, OPPORTUNI7Y (Who. Whak When, NiKVe. Wlqn
The City's cun�ent contract with SPNN wi11 expire 7une 30, Z000.
Hasthis Personlfirm erervrorVRd wMer a conhact torthis Aepartment4
VES NO
Hasthis P�eonfirtn�ever been a dty anpbyee?
YES NO
ooes m� v��n � a�wa �m namanrp� br am n,nem ar emwmee�
YES NQ
Istluspersonfim�afatg�zdve�MuYl , ,
YE$ NO
Uain all ves answeia m aeoerate sheet anG attach W ureen sheet
Current conhact services will not be intercupted and SPNN will remain accountable for contractge53'orinance regazding Puhlic and Educational access
services and community Pmgi'amm�ng• - . . - .
a�?
k;+�?� � '� ��A�
None.
IF APPROVED
There would be no "Designated Entity" to provide Public and Educational access services and community programming. These services would be
disrnpted, adversely affecting the public, community organizations, and educational institutions. �
707AL AMOUNi OF TRANSACTION f NA
FW7DIN6 SWRCE
COST/REVENUE BUDGETED (CIRCLE ON�
AC7{VITY NUMBER
l[ 3�.F7
9NPNCW.INFORMATION (EXPWNj
Oo -c �y
PERFORMANCE AGREEMENT
between
CABLE ACCESS - ST. PAUL, INC.
d.b.a. SAINT PAUL NEIGHBORHOOD NETWORK
and the
CITY OF SAINT PAUL
July 2000 - June 2001
An Agreement by and betwcen the City of Saint Paul, Minnesota, a Minnesota municipal corporation
hereinafter referred to as "City", and Cable Access — St. Paul, Inc., a Minnesota non-profit corporation,
d.b.a. Saim Paul Neighborhood Network, hereafter referred to as " SPNN".
DEFINiTIONS ................................................................... 2
I. SERVICES ................................................................ 2
TASK I. Train'v�g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
TASK II. Equipment and Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
TASK III. Access and Community Progranvning Cbannel Time . . . . . . . . . . . . . . . . . . . . 4
TASK IV. Promotion of Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
TASK V. Other Management Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
II. EVALBATfON ............................................................. 7
III. EQUIPMENT OWNERSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . 8
IV. STATUS OF EMPLOYEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
V. HUMAN RIGHTS ORDINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VI. VENDOR DEVELOPMENT OUTREACH PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VII. OFFICIALS DESIGNATED - SPNN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VIII. OFFICIALS DESIGNATED — C1TY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
IX . GRANT ..................................................................9
X. SEVERABILIT'Y ...........................................................9
XI. SUBCON'IRACTING . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
XII. TERMINATION ........................................................... 9
XIII. CONDITIONS OF DISSOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XIV. DISPOSTfION OF DOCUMENTS/MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
IV COMPLAINTS ............................................................ 10
XVI. CONTINGENT FL3NDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XVII. TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XVIII. AMENDMENTS TO AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XIX. AGItEEMENT WHOLE AND CONCLUSIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 1
XX. SIGAIAT[3itES ............................................................ 12
1
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wrrrr�ss�:
It is mutually agrced by and between the City and SPNN as follows:
DEFQIITIONS
Forpurpose ofthis Agreemem:
"Access" shall mean the privilege of any one who works or lives in Saint Paui to use the facilities,
equipment, and the cable Access Channels provided by Minnesota Statutes and local ordinance.
All such access, including channel time, equipment, and staff, shall be available on a first-come,
first-serve3 non-discriminatory basis.
"Access Cbannels" sha{1 mean those channels dedicated by law, rule, regulation, or commitrnent of Cable
Company to the progranuxiing use of the general public and educational institutions.
"Access services" shall refer to services, equipment, andlor facilities provided to the general public and
educational insritutions in support of the Access Channels. lt shall not include services, equipment,
andlor facilities ofthe City.
"Access Programming" shall mean programrtvng under the editorial control of access users.
"Access Users" shall mean those members of the community who create and/or present programming for
playback on the access cable channels.
"Business" shall mean all appropriate business activities in support of access users and the produckion of
access and community pro�ramnring. Such business may include the solicitation of gifts of in-ldud
and monetary support.
"Cable Company" shall mean MediaOne of Saint Paul, Inc., its successors and assigns and any other cable
franchise granted by the City.
"Community Programnung" shall mean progranuning under the editorial control of SPNN.
"Designated Entity" shall mean a non-profit entity or entities designated by the City and fiirther defined by
the Franchise Agreement.
"Equipment" shall mean any durable goods purchases made with funds provided by the Cable Company.
"Franchise Agreement" shall mean C.F.# 98-234, the renewal franclrise granted to MediaOne of Saint
Paul, Inc. by the City of Saint Paul and any subsequent amendmems approved by the Saint Paul
City Council.
I. SERVICES
For the consideration hereinafter stated, the City names SPIVIV as the Designated Entity for the term of this
contract and SPNTi agrees to provide management and promotional services to support Access and
Community Programming in accordance with this contract and the Franchise A.greemeirt.
�-��y
TASK I. Tiainin$
1. SPNN shall conduct an nmoductory access orie�ation course. The course shall consist ofpublic
access televisioa girilosophy, SPNN policies and procedures, audience development, how to use
public access, SPNN course offerings, publicity and promotion, and tours of the studios, edit
suites, access equipment and vaa. The inh�oductory access orientation course shall consist of at
least three comact hours per class, and such classes will be held at least once per momh.
2. Basic level courses in video production, including studio production, field production, and editing,
shall be offered ai least once every five weeks.
Intermediate level courses in video praluction, including studio production, field produciion, and
editing, shall be offered az least once every two montl�s.
4. Advanced level courses in advanced video production tecluvques shall be offered at least once
every two months.
SPNN will take an active role in recnuting access users for iu classes. Class recruihnent shall be
included in at least 80°l0 of ail promotion materials.
6. SPNN will provide at least two speciai training or oriensation programs per year to meet special
needs of local institutions and/or orgazrizations.
SPNN will maintain a formal interns3up program involving at least 10 students annually from the
secondary and post secondary education wmmunities in Saint Paul.
8. SPNN will manage the scheduling, regisuation, record keeping, production of materials,
evaluation, and other administrative tasks, including quarterly reports, for ail of its educational and
training acavities. Such reports, shall include student evaluations of their training.
TASK II. Equipment and Facilities
SPNN will maintain inveirtory cornrol and records of all Equipment with a purchase price
of $300 or more. The inventory shali include the make and model number of the
Equipment, serial number, purchase date and price, and current location and condition of
each piece of Equipment. Any Equipmem which is disposed of shall continue to be carried
on the inventory with a notation of date of disposal and value received.
2. SPNN shall maintain and repair Equipment in a timely manner keeping record of
maintenance and repair, and maintain a pian for fhe purchase, replacement and acquisition
of Equipment. Such plan and revisions shall be submitted to the City's Cable
Communications Officzr with each annual report.
SPNN will unplement and enforce policies for check out and use of Equipment and facilities,
manage Equipmern/facilities check out and use, and maintain a current log of Equipment check out
and use. SPNN facilities will be open at ]east SO hours per week on at least six days per week
except for the following holidays: New Year's Day, Martin Luther King Jr.'s Day, Presiderns'
Oo -tl�l
Day, Memorial Day {last Monday in May), Independence Day, Labor Day, Tbanksgiving,
Christmas Eve, and Cluistinas Day.
4. SPNN will maintain a log of complairns and responses regarding Equipmem condition and use
policies. The log shall be available at all reasonable times for inspection by the City.
5. SPNN will maintain insurance in an amount and form acceptable to the City on all Equipment and
facilities managed by SPNN, nami� the Desigaated Ernity as the insured and the City as co-
insured. All insurance documenu shall be submitted to the City's Cable Communications Officer
with the annual report and witk�iu thirry (3Q) days whenever amended.
6. SPNN will maintain faciliYies for training (as described in Task I), production, and administrarion
of Access and Community Progracnming consistent with this Agreement.
TASK III. Access and Community Prograznming Channel Time
SPNN shall maintain and enforce policies and procedures for allocating, reserving and using tune
on the designated Access Channels. Such policies and all subsequent po]icy changes shall be
submitted to the City's Cable Communications Officer wit]vn tiririy (30) days of a change. No
program cabiecast on an access channel sl�all violate federal, state, or local laws and regulations.
2. SPNN shall be responsible for the playback of video, audio and ter�t progranuning on the four
designated Access chazmeis, and one Community Programming channel in accordance with
SPNN's established policies and procedures. SPNN shall staff playback facilities to insure
program playback seven days per week and an average af twelve hours per day per cha�mel, and a
failure rate of no more than 5 percent of the total piayback hours.
3. SPNN will produce and provide Community Programcning, including, but not limited to, local
sports events, parades, social and political events consisting of an average of 20 hours per month.
Such programming shall include the City Council and Mayorai Inauguratioq the Mayor's State-of-
the-City Address, the Jr.— Sr. Royaky Pageant, the Tmth-in-Taxation Hearing, and up to tl�ree
other public events or meetings as requested by the Cable Commumcations Officer. The City wili
provide a liaison on a staff available basis for the production of city govemment related
progrunming.
4. SPNN shall not engage in commercial production activities with for-profit entities.
5. SP1VN will provide a full-time Educationai Access CoordinaLOr to serve the educational access
community. Furthermore, SPNN will maintain an active Etiucational Access Committee
comprised of representatives from public and private schools, both K-12 and post secondary, to
work with SPNN in the coordination and provision of Access services to the educational
community in Saim Paul.
TASK N. Promotion of Access
SPNN shail create and make availabie to the public at least one printed document describing the
Access and Community Programming resources available in the City of Saint Paul and how
cirizens of Saint Paui may make use of the described resources.
4
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2. SPNN shall provide inforn�ation about Access and Commwiiry Prograxnming activities on a
re basis for publication in Saint Paul community newspapers and other media at least once a
month.
SPNN shall prini, or arrange for printing, and distribute momhly schedules of progruns cablepst
on the designated Access Channels. At least 2,000 schedules shouid be distributed each month.
4. SPNN shall provide or arrauge for speakers to discuss Access and Community Proa n+*r+�
activities and opportunities in Saurt Paul. Such speaking opportunities shall be aaanged upoa
iequest of a cammunity organization or the City.
5. SPNN shall take advantage of its own video production services and produce programs and public
service announcements wlvch expiain how to use SP13N services and describe to the community
what is availabie at SPNN. These programs or PSAs shall be cablecast at least five times per
week.
6. SPNN shall acrively promote a community-based forum featuring Saint Paul organizations and
issues and produce it twice a motrth.
SPNN shall hold open houses on a quarterly basis and invite the general public, schools, local
organizations and institutions.
TASK V: Other Management Services
SPNN will provide to the City's Cable Communications (�cer a meeting packet prior to aad for
all m�tings in which a meeting packet is prepaced and delivered to the Board of Directors.
2. SPNN will maintain the following records and keep them available for review by the City.
A. Equipmendfacilities purchase, use, and maintenance;
B, ilse of Access and Communiry Progranuning channei time;
C. Acc�ss training provided; and
D. Complaints or disputes related to Access or Community Frogramming.
3. 'I'he City shall have the right to inspect SPNr3's business records and copy them at no expense to
the City. SPNN's business records shall be maintained in conformance with this Agreemeat and
shall be available for inspection during regulazly scheduled business hours or at such other time
mutually agreed to by the City and SP23N.
4. SPNN will prepaze and submit to the City's Cable Communicatious Officer a balanced annual
operating budget for the subsequent year at least b0 days before the end of SPNN's fiscal year.
Such budget shall be approved by the SPNN Board of Directors and adhere to standard accounting
and record keeging practices. At its expense, SPNN shall contract for a year-end audit by a
Certified Public Accountant. SP1VN shall submit audited financial statements to the City's Cable
Gommunications Officer 12Q days after year end. The report shall include a statement ofthe
auditor's verification of compliance with the provisions of Tasks I- V cornained herein, and any
exceptions noted. SPNN shall submit a plan for correcrive action, if exceptions are significant.
on -���1.
5. SPNN will provide copies of budget vs. actual eacpenditures to the City's Cable Communications
Officer 90 days after fiscal year end.
6. SPNN will provide the City's Cable Communications Officer a copy of its complete momlily
compiled finaneiai statements within one week of its mo�hly Board of D'uecton' meeting. For
assets and liabilities subject to significant measurement uncertainties, SPNN will disclose how the
reported aznousrts were derived and exglain the estimates, assumptions, and judgments about future
eveirts considered in theu measurement. Also, unless otherwise provided in the report of compiled
statemeats, SPNN will provide a statement of cash flow. The cash-flow statemeat will be prepated
and provided on a monthly basis together with its compiled financial statements.
SPNN shall not incur any debt ob]igations t]uough loans or lines of credit, provided however, t]ris
shall not prevent SPNN, in the normal caurse of business, from assuring short term obligations
which are within ihe budget submiited to the City and which shail be repaid within thirry (30) days.
By example, such short term obligations as credit card obligations, equipment purchase
agreemerns, revolving accouuts for the purchase of supplies, and acerued but unpaid employee
benefits (e.g., accrued vacation days) shall be pernritted.
8. SPNN shall not borrow from pern�anenfly restricted accounts.
9. SPNN will develop a three-year plan to achieve an equipment reserve account balance equai to
$100,000 by December 31, 2003. Tlris reserve fund balance will be displayed as a line item under
current assets on SPNN's monthly balance sheet beginning with SPNN's January 2001 financial
statemenu. The ttu�-year plan will be provided to the Cahle Communicarion Oflicer by Decembez
15, 2000. '
10. By Aprii 30, 2001, SPNN will re-evaluate its ten-year equipment plan in light of changing
technology and industry uends. The re-evaluation will consider the likelihood of successfully
achieving the plan's necessary and stated goals. SPNN's analysis and Sndings with recommended
changes wi11 be provided to the City's Cab1e Communications Officer.
I 1. Any circumstances that cause or couid cause SPNN to experience meaningful financial di$icuity
or otherwise represent a significant unplanned reduction in revenues or increase in expenditures or
losses shall be reported to the City's Cable Communicarions Officer witbin seven ('� days of
discovering the matter and ongoing corrective acrion shall be periodically reported to the City's
Cabie Communications Officer.
12. Ail paid positions, including that of the Executive D'uector, shali be subject to a fair and open
hiring process. SPNN shall comply with or �cced all federal, state, and local laws and regulations
relating to equal employment opportunity. SPNN will submit to ihe City's Cable Communications
Officer for review, any revisions to its staf&ng plan, outlining its proposed pezsonnel commitrnents
to futfill the tasks in this Agreement; including tcaining, general access, educational access,
program playback, Community Progranuning production, and volunteer and staff development.
13. SPIVI3 wili prepare and submit four quarterly reports and an annual year-end report to the City's
Cable Communications Officer on the activities and tasks enumerated in this agreement. Reports
sl�all be based on SPNN's fiscal year and submitted on September 15, December 15, Mazch 15,
and 3une I5. The Annual Report stiall be submitted on July 15.
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14. SPNN shall submit to the City's Cable Communicarions Officer, at least one (1) months prior to
any election of Diiectors, a ieport on its nomination process including a summary of activities and
progress. The process shall be committed to recruitment of individuals representing diveise
communities of intetest and relevant 6usiness and pmfessional experience.
15. Witivn 15 days after its first regulaz meeting of iha Eoard following the annual meeting, SPNN
shaU report to ffie Cit}ts Cable Communications Officer the Board of Directors eleccion results to
include the results of the Board's elecrion of officers. The report shall include a complete Boazd
roster (including appointed members) and a brief biography of each.
16. SPNN shall abide by and remain in compliance with its organizational bylaws.
17. SPNN's Annual Report shall be submitted to the City's Cable Communications Officer on or
before 7uly 15 and shatl contain ai least the fo]lowing information:
• Membership staristics at year end; including number of inembers under each membezship category.
• Programming statistics on a per-channel basis for the past fiscal year, including number of hours
and programs of first-run local progranuiilng, number of hours and pro�rams of first-run outside
progrartmiing, total hours of progranuning cablecast by week, and cablecast failure tate.
• A list of all compLtints received during the past fiscal year and how and when they were resolved.
• Training statistics for public and educational access for the past fiscai year, including course
schedules, attendance, recruiting efforts, etc., as described in Task I.
• Public access training plan for the coming year and results of the prior year plan,
• Educational access plan for ihe coming year and results of the prior year plan.
• Community Prograniming plan for the coming year and results of the prior year plan.
• A list of any Equipment disposed of dnring the past fiscal year, including description of item, how
disposed of, and any compensation received for the Equipment.
• Current Equipment inventory, and repiacemern/acquisition plan.
• Current insurance documenu. .
• Updated business plan, inciuding fundraising initiatives and other plans to generate revenue.
• A description of any changes to the Strategic P1an and reasons for the cbanges.
• Current mission statement.
• Current list of Boazd of Directors with short biographies.
• Current list of staff members and organizational chart.
• Current employee policies.
• Cuirem access user and chaanel policies.
• Current membership categories, prices, and benefits.
• Vendors identified in Saint Paul Administrative Code 84.06 SPNN has used during the contract
year, and total dollars SPNN spent with such Vendors.
II. EVALUATION
SPNN agrees that an evaluation of its performance under tlris Agreement, including an on-site inspection,
may be performed quarterly as deteimined by the City's Cabie Communications Officer and following
receipt of the Annual Report. The City's Cable Communications Officer may conduct an in-person
evaluation session with the SPNN Board of Directors and senior management as part of the annual review.
Any evaluation shall be based on the fulfillment of the terms and conditions herein. Should the City Snd
any instances of noncompliance after a review, the Cable Communications Officer shall transmit in writing
Oo -61�{-
a description of the azeas o£noncompliance to SPNN within 30 days. SPIVN shall respond to such natices
within 15 worldng days of receipt in writing, detailing correcave actions to be taken.
Ii • 1• 1 � fi'
SPNN agrees that everything purchased cvith funds provided by MediaOne is the sole properry of the
Designated Entity with no right, tiUe, or interest therein vesting in SPNN. SPNN also agrees that funds
provided by MediaOne for the purQose of purchasing equipment are for the sole purpose of equipment
acquisition and that these funds aze to be used only for equipmern-related expenses. As such, all revenues
recognized from the sale of equipment and all equipment purchased from these funds aze perman�Uy
resdricted. During such time as SPNN, its successors and assigas, is acting as the Designated Entity, it is
understood tbat SPNN is only ihe tempornry custodian of such property and that SPNN has no rights of
ownerstrip with respect to such property. SPNN may not dispose of or otherwise use said property so as to
enrich SPNN or to deprive any future Designated Entity of the full benefits of tisis property. The
Designated Entity shall have the right to dispose of old, outrnoded and superfluous Equipment in
accordance with ordinary business pnctices so ]ong as azry benefits arising from such disposition accrue to
the Desigpated Entity only. SPNN shall submit in wriring to the Ciry's Cable Communications Qfficer any
plans to dispose of Equipment at least two weeks prior to any such action.
City agrees that everything purchased with funds other than those provided by the Cable Company is the
sole properry of SPNN with no right, tiUe, or interest therein vesting in the City.
IV. STATUS OF EMPLOYEES
At all times, SPNN is an independertt cAntractor. Neither SPNN nor its agenu or its employees aze
employees of the Ciry and aze entided to none of the rights, privileges, and benefits granted regular Ciry
empioyees. .
V, HUMAN RIGHTS ORDINANCE
SPNN agrees to be bound by Chapter 1&3 Human Righu, of Saint Paul Legislative Code.
VI. VENDOR DEVELOPMEIVT OUTREACH PROGRAM
The City has a goal of assisting economically disadvantaged businesses to participate in public contracts
through its Vendor Development Outreach Progrun, which is addressed in Chapter 84 of the Saint Paul
Administrative Code. The City requires SPNN to make a good faith effort to purchase goods, supplies,
and services in compliance with ihe Vendor OuVeach Program during this contract period.
VII. OFFICIALS DESIGNATED — SPNN
SPNN designates its Executive Director as the person to be contacted by the City regazding this
Agreement. The Board of Directors of SPNN shall be the final authority in any SPNN poliey
determinations.
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VIII. OFFICIALS DESIGNATED — CI'I'Y
The City designaTes the Cable Communications O�cer of the Technology and Management Services
Deparhnent as the peison to be contacted by SPNN regazding this Agreecnent.
IX. GRANT
For SPNNs faitUful perfom�ance of the services set forth in this contract and provided tkiat SPNN has a
valid and binding contract with the Cable Company(s) to provide PEG services, the City agrces to direct
Cable Company(s) to make the payments to SPNN according to Section 304 of the Franchise Agreement
and subject to any subsequexit amendments to the Franchise Agreement.
The Ciry, upon the recommendation of the Cable Communications Officer, also reserves the ri�t to
witbhold payment for nonwmpliance with t6is Agreement, and further reserves the right to reallocate
financial support to another Designated Entity or to other cable-related purposes for public benefit
pursuazrt to the FrancUise Agreemem, Section 304. Should the City decide to withhold one or more
payments for noncompliance as detemvned in Section I, Task V# 4 and Section II of flris Agreemern, the
City shall send a written notice to SPNN at least fourteen worldng days in advance contauring the following
infomiation:
• Amount being withheld
• Specific reasons for withholding payment
• Coaective actions requested
• IdentiScation of dates by which correcAve action is to be wmpleted
X. SEVERABILITY
In the event any provision of this Agreement is deemed unconstitutional, illegal or void as a matter of law,
the parties agree that all of the provisions of this Agreement which aze not affected by such an occurrence
shail constitute a full and complete Agreement between the parties.
XI. SUBCONTRACTII3G
SPNN may not subcontract portions of this Agreement until written approval is received from the City's
Cabie Communications Officer; such approval shall not be unreasonably withheld.
XII. TERMINATION
The City and SPNN reserve the right to terminate this Agreemeni or SPNN's selection as the Designated
Entity withont cause or penalty on sixty days written norice. Notwithstanding any provision contained in
this Agreement to the contrary, SPNN shall be entitled to pay its expenses ineurred in the normal course of
its business until such time as it is obiigated to effect the below-referenced transfer.
0
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XIII, CONDITIONS OF DISSOLUTION
Subject to SPNN's right to pay its normal operating expenses, as set forth above, in ihe event ttat the City
tcansfers responsibiliries to another Designated Entiry, or in the eveat of the dissolution of SPNN, any
unspent or unobligazed funds received fzom the cable company as the Designated Entity, shall be paid to
any other Designated Entity, wiihin 90 days of notification of �eallocanon or dissolution. SPNN shall
immediately release control of all equipmeat and materials to the City, excepting those items wtrich are
identified in the books and records of SPNN as purchased with funds other than those received from
MediaOae.
XIV. DISPOSiTION OF DOCiIMENTS/MATERIALS
In ihe event that the City uansfers responsibility to another Designated Entity, or in the evern of the
dissolution of SPNN, SPNN shall provide the City with copies of all SPNN documents, files, computer
disks, videotapes, etc., including but not limitsd to lists of trained and certified access users and their
respective levels of training and certifiqrion; forms necessazy to the day-to-ciay operations of access;
opetating policies and procedures. This requirement shall not include any SPNN members]up lists.
XV. COMPLAINTS
SFNN may, at any time, file in writing with the Office of Cable Communications, complaitrts concerning
the operation of the cable system that have a bearing on SPNN's performance under this Agreement. The
Cabie Communications Officer shall invesrigate the complaints pursuant to Saint Paul Legislative Code
§430.034.
XVI. CONTINGENT FUNDING
Continued perfomiance of this Agreemeirt by the City is contingent upon continued funding of Access and
Community Programming in accordance with the Franchise Agreement and subject to any subsequent
amendments to the Franchise Agreement.
XVII. TERM OF AGREEMENT
This Agreeme� shall commence on the date the Council resolution approving ttus document gces urto
effect and shall remain in effect until June 30, 2001,
XVIII. t�iMEA3DMENTS TO AGREEMENT
This Agreemert may be amended by mutual agreement of the parties. Additionally, both parties
aclmowledge that the City is involved in a process wluch may result in the City granting additional cable
franchises, and therefore, both parties agree that this Agreement may be amended by the City so as to not
be inconsiste� with any such additional franchises granted by the City.
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XIX. AGREEMENT WFiOLE AI�iD CQNCLUSIVE
The parties expressly state that this Agreemeat, together with Appendiaces and Amendmerns, constitutes the
whole understanding of the parties as to the perforcnance of SPNN pursuaat to the Franchise Agreement
and that no understandings outside of the Agrcemern aze perlinent to SPNN's pezfonnance. No right or
privilege is granted or conferred by the Agrcemem except those specifically prescribed herein. In acceP�B
this contract SPNN aclmowledges that its rights hereunder aze sub,}ect to the lawful exercise of the police
power of the City to adopt and enforce general ordinances necessary to the safety and welfare of the public,
and further that SFNN shall ai all times comply with all applicable presern and futute laws, rules and
regulations.
11
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XX. SIGNATURES
IN WIINESS HEREOF, the parries have set the'u hands on the dates indicated.
Cable Access St. Paul, Inc. d.b.a.
SAINT FA NEIGHBORHOOD NETWORK
i
P esi t
G 1� �G�
Date
CiTY OF SAIlVT PAUL
No:m Coleman, Mayor
Date
Vi4c�al�'
Vice President
rt— � e-���
,
Bire , Office of Financial Services
6 - � ' ZF��rc7
Date
Secretary
( , Z� �v
Date -
�.
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- -� .
Date
Director, �''"
Department of Technology and Management Services
Date
Approved as to fornt
Ass� C Attomey
�- �� ��
D�
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DateT'
12
�! Gur Gc�w
DEPAR"I:MENT OF TECHNOLOCY AND
bo -��y
�IANAGEMENT SERVICES
PererHames, Director
SAIYT • • 1 � ♦
➢AUL
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TO:
FROM:
DATE:
SUBJECT:
'OFF7CEOFCABLE Telephone:651-2668870
COMNlUNICATTONS Facsimt1e:651-26G$87!
68CityHall
I S N Kellogg B1vd.
SmntPauLMmnesata 55102
,�
City Clerk's Office
Thomas Boraas, Office of Cable Communications
266-8885
3uly I1, 2000
Signed Agreements for Cable Access Programming
Attached are two signed original agreements to be placed on file with the City Clerk's Office.
Government Playback Services Agreement
Council File 00-613 (copy attached)
Performance Agreement
Council File 00-614 (copy attached)
ORIGfNAL
riesenced
Referred To
Committee Date
RESOLUTION...
1 WHEREAS, the cable franchise agreement with MediaOne of Saint Paul, Inc. provides that the City may designate a
2 non-profit e�ity, hereinafter referred to as the "Desi�nated Entity," or entiues to manage public and educarional access
3 and community programming on the local cable television system; and
4 WHEREAS, a contract for services (Perfom�ance Agreement) between the Ciry of Saint Paul and Cable Access Saint
5 Paul, Inc., d/b/a Saint Paul Neighborhood Network, hereinafter referred to as "SPNN," which outlines the duties,
6 responsibilities and obligations of the parties with respect to the provision of goods and services for public and
7 educational access and communiry progranuning by the Designazed Entiry has been in effect and will expire on June
8 30, 2000; and
9 WI�REAS, the City has detemvned that SPNN has performed its duties as Desigiated Entity in a manner
10 saUsfactory to the City and the Ciry desires that SPNN continue its role as the Designated Entiry; now, therefore, be it
11 RESOLVED, that SPNN is hereby designated the Ciry's Desin�nated Entiry for the purposes of the cable franchise;
12 and be it
13 FIJRTHER RESOLVED, that the proper Ciry officials are hereby authorized to execute the Performance Agreement
14 between Cable Access Saint Paul, Inc., d/b/a Saint Paul Neighborhood Network, and the Ciry of Saint Paul, a copy of
15 which is attached and incorporated herein by reference.
' 3;
''_;
Requested by Departrnent of:
Technology and Management Services
By: ,,C ��
$y; '� \ _ — c�i- , t---\ .�� ��
Approved by Mayor: Date: � `� �
By:
c<� J
RESOLUTION
CITY OF SAINT PAUL, aVI1NNESOTA
Councii File # p e —L��
Green SheeY # 1� 3 q� �
i�
Form A o d by Ciry Attorney
sy:
Approved y Mayor for Submission to Council
g / ( ���vV V"��
�'
Adopted by Council: Date: � � o
Adopaon Certified by Council Secretary
�o-��`f
PERFORMANCE AGREEMENT
betweeu
CABLE ACCESS - ST. PAUL, INC.
d.b.a. SAINT PAUL NEIGHBORHOOD NETWORK
and the
CITY OF SAINT PAUL /
July 2000 - June 2001 ,
An Agreement by and between the City of Saint Paul, Minnesota, a Minnesota municipal corporation
hereinafter referred to as "Ciry", and Cable Access — St. Paul, Inc., a Minnesota non-profit corporation,
d.b.a. Saint Paul Neighborhood Network, hereafter referred to as " SPNN".
DEFINITIONS ................................................................... 2
I . SERVICES ................................................................2
TASK I. Training ...................................................... 3
TASK II. Equipment and Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
TASK III. Access and Communiry Programming Channel Time . . . . . . . . . . . . . . . . . . . . 4
TASK N. Promotion of Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
TASK V. Other Management Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
II . EVALUATION ............................................................. 7
III. EQUIPMENT QWNERSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
IV. STATUS OF EMPLOYEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
V. HUMAN I2IGHTS ORDINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VI. VENDOR DEVELOPMENT OUTREACH PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VII. OFFICIALS DESIGNATED - SPNN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
VIII. OFFICIALS DESIGNATED — CITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
IX . GRANT .................................................................. 9
X. SEVERABILITY ...........................................................9
XI. SUBCONTRACTING ....................................................... 9
XII. TERMINATION ...........................................................9
XIII. CONDITIONS OF DISSOLUT'ION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XIV. DISPOSTTION OF DOCUMENTS/MAT'ERIAI,S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
N COMPLAINTS ............................................................ 10
XVI. CONTINGENT FUNDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XVII. TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XVIII. AMENDMENTS TO AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XIX. AGREEMENT WHOLE AND CONCLUSIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
XX. SIGNATURES ............................................................ 12
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WI'TNESSETH:
It is mutually agreed by and between the City and SPNN as follows:
DEFINITIONS
For purpose of this Agreement:
"Access" shall mean the privilege of azry one who works or lives in Saint Paul to use the facilities,
equipment, and the cable Access Cl�annels provided by Minnesota Statutes and local ordinance.
All such access, including channel time, equipment, and staff, shall be available on a first-come,
first-seroed non-discrinunatory basis.
"Access Channels" shall mean those channeis dedicated by law, rule, regulation, or commitment of Cable
Company to the progr�TM�m;ng use of the general public and educational institutions.
"Access services" shall refer to services, equipment, and(or facilities provided to the general public and
educational institutions in support of the Access Channels. It sha71 not include services, equipmem,
and/or facilities ofthe City.
"Access Programming" sha11 meau prograznming under the editorial control of access users.
"Access Users" sk�all mean those members of the conummiry who create and/or present programming for
playback on the access cable channels.
"Business" shall mean all appropriate business activities in support of access users and the production of
access and community progranuning. Such business may include the solicitation of gifts of in-kind
and monetary support.
"Cable Company" shall mean MediaOne of Saim Paul, Inc., its successors and assigns and any other cable
francluse granted hy the City.
"Community Programming" shall mean progranuning under the editorial comrol of SP1V1V.
"Designated Entity" shall mean a non-profit entity or entities designated by the Ciry and further defined by
the Franchise Agreement.
"Equipment" shail mean any durable goods purchases made with funds provided by the Cable Company.
"Franchise Agreement" shall mean C.F.# 98-234, the renewal franchise granted to MediaOne of Saint
Paul, Inc. by the Ciry of Saint Paul and any subsequent amendments approved by the Saint Paul
City Council.
I. SERVICES
For the consideration hereinafter stated, the City names SPNN as the Designated Entity for the term of this
contract and SPNN agrees to provide management and promotional services to support Access and
Communiry Programming in accordance with this contract and the Franchise Agreement.
Ea
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TASK I. Training
1. SPNN sl�ail conduct an imroductory access orientation course. The course shall consist of public
access television philosophy, SPNN policies and procedures, audience development, how to use
public access, SPNN course offerings, publicity and promotion, and tours of the studios, edit
suites, access equipment and van. The introductory access orientarion course shall consist of at
least three contact hours per class, and such ciasses will be held at least once per month.
2. Basic level courses in video production, including studio production, field productioq and editing,
shall be offeced at least once every five weeks.
Intermediate level courses in video production, including studio production, field production, and
editing, shall be offered at least once every two months.
4. Advanced level courses in advanced video production techniques shall be offered at least once
every two months.
5. SPNN will take an active role in recruiting access users for its classes. Class recruitinent sha11 be
included in at least 80% of all promotion maYerials.
6. SPNN will provide at least two special trainmg or orientation programs per year to meet special
needs of local institutions and{or orguilzations.
7. SPNN will maintain a fonnal intemslrip program involving at least 10 students annually from the
secondazy and post secondary education communities in Saim Paul.
8. SPNN will manage the scheduling, registration, record keeping, production of materials,
evaluation, and other admuristrative tasks, including quarterly reports, for all of its educational and
training activities. Such reports, shall include student evaluations of their training.
TASK II. Equipment and Facilities
SPI3I3 will maintain inventory control and records of a11 Equipment with a purchase price
of $300 or more. The inventory shall include the make and model number of the
Equipment, serial number, purchase date and price, and current location and condiuon of
each piece of Equipment. Any Equipment which is disposed of shall continue to be camed
on the inventory with a notation of date of disposal and value received.
2. SPNN shall mainiain and repair Equipmem in a timely matmer keeging record of
maintenance and repair, and maurtain a plan for the purchase, replacement and acquisition
of Equipment. Such plan and revisions sha11 be submitted to the City's Cabie
Communications Officer with each annual report.
3. SPNN will implement and enforce policies for check out and use of Equipment and facilities,
manage Equipment/faciliries check out and use, and maintain a current log of Equipment check out
and use. SPNN facilities will be open at least 50 hours per week on at least six days per week
except for the follo�viug holidays: New Year's Day, Martin Luther King Jr.'s Day, Presidents'
3
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Day, Memorial Day (last Monday in May), Independence Day, I,abor Day, Thanksgving,
Christmas Eve, and Christrnas Day.
4. SPNN will maintain a log of complairns and responses regarding Equipment condition and use
policies. The log shall be available az all reasonable times for inspection by the City.
5. SPNN will maintain insurance in an amount and form acceptable to the City on all Equipment and
facilities mauaged by SPNN, naminn the Designated Exrtiry as the insured and the City as co-
insured. All insurance documents shall be submitted to the City's Cable Communicarions Officer
with the annual report and within thirry (30) days whenever amended.
6. SPNN will maintain facilities for training (as described in Task n, production, and administration
of Access and Community Programming consistent with tiris Agreement.
TASK III. Access and Community Prograr» Channel Titne
i. SPNN shall maintain and enforce polieies and procedures for allocating, reserving and using time
on the designated Access Channels. Such policies and all suhsequent policy changes shall be
submitted to the City's Cable Communications Officer within flurty (30) days of a change. No
program cablecast on an access channel shall violate federal, state, or local laws and regulations.
2. SPNN shall be responsible for the playback of video, audio and text prograznming on the four
designated Access channels, and one Community Progranunuig ckiannel in accordance with
SPNN's established policies and procedures. SPNN shall staff playback facilities to insure
program playback seven days per week and an average of tweive hours per day per channel, asul a
failure rate of no more tUau 5 percent of the total playback hours.
SPNN will produce and provide Community Programming, including, but not limited to, local
sports events, parades, social and poliucal events consi� of an average of 20 hours per month.
Such progranuning shall include the City Council and Mayoral Inauguration, the Mayor's State-of-
the-City Address, the Jr.— Sr. Royalry Pageant, the Truth-in-Ta�ztion Hearing, and up to three
other public events or meetings as requested by the Cable Communications Officer. The City will
provide a liaison on a staff available basis for the production of city govemment related
programming.
4. SPNN shall not engage in commercial production activities with for-profit entities.
5. SPNN will provide a full-time Educational Access Coordinator to serve the educarional access
community. Furthermore, SPNN will maintain an active Educarional Access Committee
comprised of representatives from public and private schools, both K-12 and post secondary, to
work with SPNN in the coordination and provision of Access services to the educational
wmmunity in Saint Paul.
TASK N. Promotion of Access
SPNN shail create and make available to the public at least one printed document describing the
Access and Communiry Progranuning resources available in the City of Saint Paul and how
citizens of Saint Paul may make use of the described resources.
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2. SPNN shall provide information about Access and Community Progranuning activities on a
regular basis for publication in Saint Paul community newspapers and ather media at least once a
month.
3. SPNN shall print, or azrange for printing, and distribute momhly schedules of programs cablecast
on the designated Access Channels. At least 2,000 schedules should be distributed each month,
4. SPNN shall provide or anange for speakers to discuss Access and Community Progranm�ing
activities and opportunities in Saint Paul. Such spealdng oppornmities shall be arraziged upon
request of a community organization or the City.
5. SPNN shall take advantage of its own video production services and produce programs and public
service announcements which explain how to use SPNN services and describe to the community
what is available at SPNN. These pro�razns or PSAs shall be cablecast at least five times per
week.
6. SPNN shall actively promote a community-based forum feahuing Saint Paul organizations and
issues and produce it twice a month.
7. SPNN shall hold open houses on a quarterly basis and invite the general public, schools, local
orgauizations and institutions.
TASK V: Other Management Services
1. SPNN will provide to the Ciry's Cable Communicauons Officer a meeting packet prior to and for
ail meetings in which a meeting packet is prepazed and delivered to the Board of Directors.
2. SPNN will maintain the following records and keep them availabie for review by the City.
A. EquipmenUfacilities purchase, use, and maintenance;
B. Use of Access and Community Programming channei time;
C. Access training provided; and
D. Complaints or disputes related to Access or Community Programm;ng.
The City shall tiave the right to inspect SPNN's business records and copy them at no eapense to
the City. SPNN's business records shall be maintained in conformance with this Agrcement and
shall be available for inspection during regulazly scheduled business hours or at such other time
mutually agreed to by the City and SPNN.
4. SPI3N will prepaze and submit to the City's Cable Communications Officer a balanced annual
operating budget foi the subsequem year at least 60 days before the end of SPNN's fiscal year.
Such budget shall be approved by the SPNN Boazd of Directors and adhere to standard accounting
and record keeping practices. At its expense, SPNN shail contract for a year�nd audit by a
Certified Public Acwuntant. SPNN shall submit audited financial statements to the Ciry's Cable
Communications Officer 120 days after year end. The report shall include a statement of the
auditor's verification of compliance with the provisions of Tasks I- V contained herein, and any
exceptions noted. SPN1V shall submit a plan for corrective action, if exceptions are significant.
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5. SPNN will provide copies of budget vs. actuat eapenditures to the City's Cable Communications
Officer 90 days after fiscal year end.
6. SPNN will provide the City's Cable Communications Officer a copy of its compiete monthly
compiled Snancial statements within one week of its monthly Board of Directors' meeting. For
assets and liabilities subject to significant measurement uncertainties, SPNN will disclose how the
reported amounts were derived and eacplain the estimates, assumptions, and judgmevts about future
events considered in their measurement. Also, unless otherwise provided in the report of compIled
statements, SPNN will provide a statement of cash flow. The cash-flow statement will be prepazed
and provided on a monthly basis together with its compiled financial statements.
SPNN shail not incur any debt obligations through loans or lines of credit, provided however, this
shall not prevem SPNN, in the normal course of business, from assuring short term obligations
which aze within the budget submiited to the City and which shall be repaid within thiriy (30) days.
By e�tample, such short term obligations as credit cazd obligations, equipment purchase
agreements, revoiving accounts for the purchase of supplies, and accrued but unpaid employee
benefits (e.g., accrued vacation days) sha116e pernutted.
8. SPNN shall not borrow from permanently restricted accounts.
9. SPNN cvill develop a three-year plan to achieve an equipment reserve accowrt balance equal to
$100,000 by December 31, 2003. This reserve fund balance will be dispiayed as a line item under
current assets on SPNN's monthly balance sheet beginning with SPNN's January 2001 financial
statements. The three-year plan will be provided to the Cable Communication Officer by December
15, 2000.
10. By Apri130, 2001, SPNN will re-evaluate its ten-year equipment pian in light of changing
technology and industry trends. The re-evaluation will consider the likelihood of successfully
achieving the plan's necessary and stated goals. SPNN's analysis and findings with rewmmended
changes will be provided to the City's Cable Communications Officer.
i l. Any circumstances that cause or could cause SPNl�i to experience meaningful financial difficulty
or othenvise represent a significant unplanned reduction in revenues or increase in expenditures or
losses shall be reported to the City's Cable Communications Officer within seven (7) days of
discovering the matter and ongoing conective action sha11 be periodically reported to the City's
Cable Communications Officer.
12, All paid positions, including that of the Execuuve Director, shali be subject to a fair and open
hiring process. SPNN shail comply with or exceed all federal, state, and local laws and regulations
relating to equal employmern opportunity. SPNN will submit to the City's Cable Communications
Officer for review, any revisions to its staffing plan, outlining its proposed personnel commitments
to fiilfill the tasks in this Agreement; including irainino, general access, educational access,
program playback, Community Progranuning production, and volunteer and staff development.
13. SPNN will prepare and submit four quarterly reports and an annual year-end report to the City's
Cable Communications Officer on the activities and tasks enumerated in this agreement. Reports
shall be based on SPNN's fiscal year and submitted on September 15, December 15, March 15,
and June 15. The Annual Report shall be submitted on 3uly 15.
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14. SPNN shall submit to the Cit�s Cable Communications Officer, at least one (1) months prior to
any election of Directors, a report on its nomination process including a sununary of activities and
progress. The process stiall be committed to recruitment of individuals representing diverse
communities of interest and relevant business and professional eaperience.
15. Within 15 days after its first regular meeting of the Boazd following the annual meeting, SPNN
shall report to the Cit�s Cable Communications Officer the Boazd of Duectors election resutts to
include the results of the Boazd's election of officers. The report shail include a complete Boazd
roster (including appointed members) and a brief biography of each.
16. SPNN shall abide by and remain in compliance with its organizational bylaws.
17. SPNN's Annuai Report shall be submitted to ihe Ciry's Cable Communications Officer on or
before July 15 and shall contain at least the following information:
• Membersirip stalistics at year end; including mimber of inembers under each membership category.
• Programming statistics on a per-channel basis for the past fiscal year, including number of hours
and programs of first-run local programming, number of hours and programs of first-run outside
programming, total hours of programmnig cablecast by week, and cablecast failure rate.
• A list of all complaints received during the past fiscal year and how and when they were resolved.
• Training statistics for public and educational access for the past fiscal year, inciuding course
schedules, attendance, recruiting efforts, etc., as described in Task I.
• Public access training plan for the coming year and results of the prior year plan.
• Educational access plan for the coming year and results of the prior year plan.
• Community Progiamming plan for the coming year and results of the prior year pian.
• A list of any Equipment disposed of during the past fiscal year, including description of item, how
disposed o£, and any compensation received for the Equipment.
• Current Equipment inventory, and replacemendacquisition plan.
• Current insurance documents. ..
• Updated business plan, including fundraising initiatives and other plans to generate revenue.
• A description of any changes to the Strategic Plan and reasons for the changes.
• Current mission statement.
• Current list of Board of Directors with short biograplries.
• Current list of staff members and organizational chart.
• Current employee policies.
• Current access user and channel policies.
• Currem membership categories, pnces, and benefits.
• Vendors identified in Saim Paul Adntinistrative Code 84.06 SPNN has used during the contract
year, and total doilars SPNN spent with such Vendors.
II. EVALUATION
SPNN agrees that an evaluation of its performance under this Agreement, mcluding an on-site inspection,
may be performed quarterly as deternuned by the City's Cable Communications Officer and following
receipt of the Annual Report. The City's Cable Communications Officer may wnduct an in-person
evaluation session with the SPNN Board of D'uectors and senior management as part of the annuai review.
Any evaluation shall be based on the fulfi]]ment of the terms and conditions herein. Should the City find
any instances of noncompliance after a review, the Cable Communications Officer shall transmit in writing
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a description of the azeas o£noncomplia.nce to SPNN within 30 days. SPNTi st�all respond to such norices
within 15 working days of receipt in writing, detailing wrrective actions to be taken.
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SPNN agrees thai everything purchased with funds provided by MediaOne is the sole properry ofthe
Designated Entity wiih no righi, tifle, or interest therein vesting in SPNN. SPNN also agrees that funds
provided by MediaOne for the purpose of purchasing equipmeut are for the sole purpose of equipment
acquisition and that these funds aze to be used only for equipme�-related expenses. As such, all revenues
reco�uzed from the sale of equipment and all equipment purchased from these funds aze permanendy
restricted. During such time as SPNN, its successors and assigns, is acting as the Designated Entity, it is
understood that SPNN is oniy the temporary custodian of such properry and that SPNN has no rights of
ownership with respect to such properry. SPNN may not dispose of or othenvise use said properry so as to
enrich SPNN or to deprive any future Desiguated Entity of the full benefits of this property. The
Designated Entity shall have the right to dispose of old, outmoded and superIluous Equipment in
accordance with ordinary 6usiness practices so long as any henefits arising from such disgosition accrue to
the Designated Entity only. SPNN sha11 submit in writing to the City's Cable Communications Officer any
plans to dispose of Equipment at least two weeks prior to any such action.
City agrees that everytivng purchased with funds other than those provided by the Cable Company is the
sole properry of SPNN with no right, tiUe, or interest therein vesting in the City.
IV. STATUS OF EMPLOYEES
At all times, SPNN is an independent contractor. Neither SPNN nor its agents or its employees are
employees of the Ciry and aze enutled to none of the rights, privileges, and benefits granted regulaz City
employees. .
V. HUMAN RIGHTS ORDINANCE
SPNN agrees to be bound by Chapter 183 Human Rights, of Saint Paui Legislarive Code.
VI. VENDOR DEVELOPMENT OUTREACH PROGRAM
The City has a goal of assisting economically disadvantaged businesses to participate in public conuacts
through its Vendor Development Outreach Program, which is addressed in Chapter 84 of the Saint Paul
Administrative Code. The City requires SPNN to make a good faith effort to purchase goods, supplies,
and services in compliance with the Vendor Outreach Program during this contract period.
VII. OFFICIALS DESIGNATED — SPNN
SPNN designates its Executive Director as the person to be contacted by the City regazding this
Agreement. The Board of Directors of SPNN shail be the final authority in any SPNN policy
determinations.
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VIII. OFFICIALS DESIGNATED — CTfY
The City designates the Cable Communications O�cer of the Technology and Mavagement Services
Department as the person to be contacted by SPNN regarding this Agreement.
IX. GRANT
For SPNN's faithful performance of the services set forth in this contract and provided that SPNN has a
valid and binding contract with the Cable Company(s) to provide PEG services, the City agrees to direct
Cable Company(s) to make the payments to SPNN according to Section 304 of the Francluse Agrcement
and subject to any subsequent amendments to the Franchise Agreement.
The City, upon the recommendation of the Cable Communications Officer, also reserves the right to
withhold payment for noncompliance with this Agreement, and further reserves the right to reallocate
financial support to another Designated Entity or to other cable-related purposes for pubiic benefit
pursuant to the Franchise Agreement, Section 304. Should the City decide to withhold one or more
payments for noncompliance as deterniined in Section I, Task V# 4 and Section II of this Agreement, the
City shall send a written notice to SPNN at least fourteen working days in advance containing the following
information:
• Amount being withheld
• Specific reasons for withholding paymern
• Corrective actions requested
• Identification of dates by which corrective action is to be completed
X. SEVERABILITY
In the event any provision of this Agreement is deemed unwnstitutional, illegal or void as a matter of law,
the parties agree that a11 of the provisions of this Agreement which are not affected by such an occurrence
shall constitute a full and complete A�eement between the parties.
XI. SUBCONTRACTING
SPNN may not subcornract portions of this Agreemem until written approval is received from the City's
Cable Communications Officer; such approval shall not be unreasonably withheld.
XII. TERNIINATION
The City and SPNN reserve the right to temunate this Agreement or SPNN's selection as the Designated
Entiry without cause or penalty on sixry days written notice. Notwithstanding any provision contained in
this Agreement to the contrary, SPNN shall be emitled to pay iu expenses incurred in the normal course of
its business until such time as it is obligated to effect the below-referenced iransfer.
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XIII. CONDITIONS OF DISSOLUTION
Subject to SPI3N's right to pay iu normal operating expenses, as set forth above, in the event that the City
transfers responsibiliries to another Designated Entity, or in the event of the dissolution of SPNN, any
„ r�ent or unobligated funds received from the cable company as the Designated Ernity, shall be paid to
any other Designated Entity, within 90 days of notification of reallocation or dissolution. SPNN shall
immediately release co�ol of all equipment and materials to the City, excepting those items wluch are
identified in the books and records of SPNN as purchased with funds other than those received from
MediaOne.
XIV. DISPOSITION OF DOCUMENTSiMATERIALS
Tn the event that the City transfers responsibility to another Designated Entity, or in the event of the
dissolution of SPNN, SPNN shall provide the City with copies of all SPNN documents, files, computer
disks, videotapes, etc., including but nar limited to lists of trained and certified access users and their
respective levels of trainin� and certification; forms necessary to the day-to-day operations of access;
operating policies and procedures. This requiremem shall not include any SPNN membership lists.
XV. COMPLAINTS
SPNN may, at any time, file in writing with the Office of Cable Communications, complaints concerning
the operation of the cable system that have a bearing on SPNN's performance under this Agreement. The
Cable Communications Officer sha11 investigate the complaints pursuant to Saint Paul Legislative Code
§430.034.
XVI. CONTINGENT FUNDING
Cominued performance of this Agreement by the City is contingent upan continued funding of Access and
Community Programming in accordance with the Franchise Agreement and subjeet to any subsequent
amendments to the Franchise Agreement.
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This Agreement shail commence on the date the Council resolution approving this docutneirt goes into
effect and shall remain in effect until June 30, 2001.
XVIII. AMENDMENTS TO AGREEMENT
This Agreement may be amended by mutual agreement of the parties. Additionally, both parties
aciaiowledge that the Ciry is involved in a process which may result in the City granting additional cable
franchises, and therefore, both parties agree that this Agreement may be amended by the City so as to not
be inconsistent with any such additional franchises granted by the City.
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XIX. AGREEMENT WHOLE AND CONCLUSIVE
The parties e3cpressly state that Uvs Agrcement, together with Appendixes and Amendments, constitutes the
whole understanding of the parties as to the performance of SPNN pursuant to the Franchise Agreement
and that no underslandings outside of the Agreement aze pertinent to SPNN's perfom�ance. No right or
privilege is granted or conferred by the Agreement except those specifically prescribed herein. In accepting
this co�ract SPNN aclmowledges that its rights hereunder aze subject to ihe lawful exercise of the police
power of the Ciiy to adopt and enforce general ordinances necessary to the safety and welfare of the public,
and fiuther that SPNN shall at all times comply with ail applicable present and future laws, rules and
regulations.
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XX. SIGNATURES
IN WITNESS HEREOF, the parties have set their hands on the dates indicated.
Cable Access St. Paul, Inc. d.b.a.
SAINT PAUL NEIGHBORHOOD NETWORK
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Date
V'a�►�r
Vice President
Date
Secretary
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Date '
Tr urer
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C1TY OF SAINT PAUL
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Norm Co eman, M yor
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Date
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Dir or, 0 ce of Financial Services
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Date
of Technology and Management Services
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Date
Approved as to form
Assi t i ttomey
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Date
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