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06-1146Council File # �(p— \�4/p Green Sheet # 3� 3S L/ S S 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WI�REAS, there is a contract for services (Performance Agreement) between the City of Saint Paul and Cable Access-St. Paul, Inc., d/b/a Saint Paul Neighborhood Network, hereinafter referred to as°SPNN," which outlines the duries, responsibiliries and obligations of the parties with respect to the management and provision of public and educarional access and community pro�amming by the Designated Entity, and which names SPNN as the Designated Entity; and, WHEREAS, the current Performance Agreement was originally set to expire on September 30, 2006, but was extended through December 31, 2006 to allow time for the Office of Cable Communications (OCC) to work with SPNN on addressing budget issues; and WI-IEREAS, the CiTy Council took action at its December 13, 2007 meeting to approve OCC's proposed 2007 budget; and WIIEREAS, the current annual Performance Agreement is due to expire on December 31, 2006; and WHEREAS, SPNN and OCC will provide to the City Council by January 24, 2007 a new Performance Agreement to take effect February 1, 2007; now, therefore,lie it RESOLVED, that the current Performance Agreement for the term October l, 2005 - December 31, 2006, be amended to extend the expiraUon of the Performance Agreement to January 31, 2007; and be it FURTHER RESOLVED, that the proper City officials are hereby authorized to execute the amendment to the Perforxnance Agreement between SPNN and the City of Saint Paul, a copy of which is attached and incorporated herein by reference. RESOLUTION SAINT PAUL, MINNESOTA � • Benanav Yeas Requested by Department of: ( ��.� � ��,,,�to�o�v s C�rn�,,�rr,�n�iS B Adopted by Council: Date �Z Z.� Form Approved by City Attomey BY� � lS�t �/1. 2G�1t�t�1 Adoption C�ert by Co il Secretary Form May r-frn• Submission to BY� // //�//Gr �i.L!SJ� CO \ Approved by a•: D te �—Z—U� B y' By: A� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � ���1titb � — TeclmologyandM�agem�tSeav -I '18DEC-06 CoMaet Person & Phone: Mike Reardon 266-8875 mus ce on �ounai �yqenaa try (uate): 27-DEC-06 _ Doa Type: RESOLUTION EAOCUme�rt Required: N DocumeM Contact: Mike Reardon CoMad Phone: 266-8875. y Assign Number For Routing Order Tofal # of Signature Pages _(Clip All Locations for Signaturej Green Sheet NO: 3035455 0 echuol audMan ementSe 1 echnol aud Man emeut S arlmeut Direcfor �/���—✓-- 2 ' AiTOrn ? 3 or's O�ce Ma orlAssisiant 4 omal 5 ' Clerk G4 Clerk The City's cutrent contract with St. Paul Neighborhood Nerivork (SPNl� will expire December 31, 2006. There would be no Designated Entity to provide PEG (Publiq Education, and Govemment) access services to SC Paul citizens, community agencies and schools who use ihese services if the confract is not renewed. Planning Commission CIB Committee Civil Service Commission 1. Has this person/firtn ever worked under a contrect for this department? Yes No 2. Has this person/firm ever been a dty employee? � Yes No . 3. Does this person/firm possess a skill not nortnally possessed by any current city employee? Yes No Explain alI yes answers on separate sheet and attach to green shee! Initiating Problem, lssues, Opportunity (Whc, What, When, Where, Why); As a result of the City Council's December 13th action to pmvide funding for SPNN's operations for 2007, the Office of Cable Communicallons and SPNN will present to the City Council by no later than January 24, 2007 a renewed performance agreement between SPNN and the City for 2007. Advanqges If Approved: � The curtent PEG agreement will not be interrupted and SPNN will remain accountable for contract performance regazding Public and Educational access services and community programming. Disadvantages If Apprnved: None ��� � .� 2�G6 � 7m;{�Ufi;.s. 2;.. , h�d�t:'�*i. 'v: z 4�i��. Disadvantages If NotApproved: 1'here would be no "Designated Enrity" W provide Public and Educational services and community pro��++ming. These services would be distrupeed, adversely affecting the publiq community organizations and educational institutions. Transadion: Funding Source: Nq Financial IMormation: (F�cplain) CosflRevenue Budgeted: N Activity Number: l��.... � 3 '.� v AEG � � ���5 December t8, 200612:58 PM Page 1 oe-���b AMENDMENT TO PERFORMANCE AGREEMENT BE'I`WEEN CABLE ACCESS — ST. PAUL, INC. d.b.a. SAIIVT PAUL NEIGHBORHOOD NETWORK AND THE CTI'I' OF SAIlVT PAUL This is Amendment No. 2 to a Performance Agreement, entered into this _ day of , 2006, by and between the City of Saint Paul ("City") and Cable Access — St. Paul, Inc., a Minnesota non-profit corporation ("SPNN"), as the second Amendment to that certain original performance agreement which was previously made by and between the City and SPNN, for the time period October l, 2005 to September 30, 2006 (the "Original Agreement"), incorporated herein by reference. WIIEREAS, Section XXII of the Original Agreement provides that the Original Agreement may be amended by written agreement of the parties; and WHEREAS, the parties agreed to amend the Original Agreement to extend the term of the Original Agreement in Section XXI to December 31, 2006; and WHEREAS, the parties desire to amend the Original Agreement to extend the term of the Original Agreement in Section XXI to January 31, 2007; NOW, THEREFORE, for good and aclrnowledged mutual consideration, the parties mutually agree to amend the Original Agreement as follows: Page 1, title: PERFORMANCE AGREEMENT BETWEEN CABLE ACCESS — ST. PAUL, INC. d.b.a. SAINT PAUL NEIGHBORHOOD NETWORK AND THE CITY OF SAINT PAUL October 1, 2005 �e��38Dee�er���?890. Januarv 31, 2007. 2. Section XXI, TERM OF AGREEMENT This Agreement will commence on October 1, 2005, and will remain in effeCt uutil v;�'�^''�^- �n n�,.,,,..w,._ �, �nnc Januarv 31. 2007 r�� > 3. All terms and conditions set forth in the Original Agreement shall continue and remain in full force and effect except as modified herein. C IN WITNESS WIIEREOF, the parties have executed this Amendment No. 2 to Performance Agreement on the dates indicated. Cable Access S� Panl, Inc. d/b/a City of Saint Paul Saint Paul Neighborhood Network President Executive Director Mayor Cable Communications Officer Date Date Director, Office of Technology Date Approved as to form `���� ����':�.� Assistant City Attorney � y Date