95-705ORIGINAL
Presented By
Referred To
Council File � 9J �
Green Sheet � 23894
WH&REAS, Appendix H of the Saint Paul Legislative Code provides
that the City may designate a non-profit entity (Designated Entity)
or entities to manage public and educational access and community
programming on the local cable television system; and
AHEREA3, a Contract for services between the City of Saint Paul and
Cable Access St. Paul, Inc. was extended on November 9, 1994 which
outlines the duties, responsibilities and obligations of the
parties with respect to the provision of goods and services by the
Designated Entity; and
WHERSAS, the previous contract has been revised by the City to
incorporate information learned from needs assessments conduoted by
the City and Cable Access St. Paul, Inc. during the past year; and
WSEREAS, the current contract e�ires June 30, 1995; and
WHBREAS, the City has determined that Cable Access St. Paul, Inc.
has performed its duties as Desiqnated Entity in a manner
satisfactory to the City; now therefore be it
RE30LVED, that the contract for services between the City of Saint
Paul and Cable Access St. Paul, Inc. be entered into and be in
effect until June 30, 1996.
Requested by Department of:
Adopted by Council: Date �a8'� \°1qS
Adoption Certified by Council Secretary
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App�
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Form Approved by City Attorney:
By. �C�---- � � r�( �+-yr G � � �s ��
Approve�' y Mayor or �vb 'ssio to Council:
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RESOLUTtON
CITY OF SAINT PAUL, MINNESOTA a?c,!
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DEPARTMENT/pFFICE/COUNCIL DATE INITIATED N° 23 8 9 4
�z�aaiacEJca�zE° cor�vicnTZONS �� 6 i� 9s � GREEN SHEET
CONTACT PERSON & PHONE INRIAVDATE INRIAUDATE
�.DEPqRTMENTDIqECTOR CITYCOUNCIL
I1551GN � CfIVATTORNEY ��+Yl ti1'1L G� CITYCLERK
HOLLY YERZGAN 266-8875 NUYBEp FOB O UDGET DIRECTOF � FIN. & MGT. SERVICES DIR.
MUST BE QN CqUNCIL AGENOA BY (�A7E� pp�qG
��Ep � MAYOfl (OR ASSISTANn ❑
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION RE�UESTED:
Approve new contract with Cable Access-St. Paul (CASP) to provide public and
educational access and community programming services. -
RECOMMENOATIONS: Approva (A) or peject (R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS:
_ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/firm ever worked untler a contract for this departmerrt?
_ CBCOMMfTTEE YES �NO ,
— 2. Has this personflirm ever been a city employee?
_ STAFF — YES NO
_ DISTRICT CoURr _ 3. Does this personRirm pos5ess a skill not normally possessetl by any current ciry employee?
SUPPOATS WHICH COUNCII OBJECTIVE> YES NO
Explain el1 yes answers on separete sheet and anaeh to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, WM1a1. WM1en, Where, Why�:
The current contract with CASP was extended by City Council Resolution
# 94-1597 to June 30, 1995. The new contract continues the provision of
services until June 30, 1996.
JUN 19 1996
ADVANTAGESIFAPPROVED: gp gqo qp 'Iq
A �6� e'� GP��OFn�
The new contact provides additional services for the City of St. Paul
including coveraqe of live remote programs. It also increases community and
educational programming and out reach requirements. Finally, it calls for
the development of a plan for community access to new technologies
DISADVAN7AGES IF APPRWED: '
None
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DISADVAI�ITAGES fF NOT APPRWED�
The city would need to find a new provider for these services. This would be
a lengthy and expensive process.
TO7AL AMOUNT OF TRANSAC710N $ S �C , OOO ANNUALLY COSTlREVENUE BUDGE7ED (CIFiCLE ONE) YES NO
FUNDIfdGSOURCE Giant fTOm Continental Cablevision pCTIVIiYNUMBER
FINANCIAL INFORMATION (EXPLAIN) '
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PERFORMANCE AGREEMENT
between
CABLE ACCESS - ST. PAUL, INC. (CASP)
and the
CITY OF SAINT PAUL
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An Agreement by and between the City of Saint Paul, Minnesota, a Minnesota municipal
corporation hereinafrer refened to as "City", and Cable Access — St. Paul, Inc, a Minnesota
non-profit corporation hereinafter referred to as "CASP".
Contents of This Document
DEFINITIONS ...........................................................
I. SERVICES ..................................................
II. EVALUATTON ...............................................
III. EQUIPMENT OWNERSffiP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
IV. STATUS OF EMPLOYEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
V. HUMAN RIGHTS ORDINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vi. OFFICIALS DESIGNATED — CASP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
VII. OFFICIALS DESIGNATED — CTTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
VIII GRANT .....................................................
IX. SEVERABILITY ..............................................
X. SIJBCONTRACTING ............................... ...........
XI. TERMINATION ..............................................
XII. CONDTTIONS OF DISSOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X1II. DISPOSITTON OF DOCUMENTS/MATERIALS . . . . . . . . . . . . . . . . . . . .
XIV. COMPLAINTS ...............................................
XV. CONTINGENT FUNDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
XVI. TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
XVII. AMENDMENTS TO AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
XVIII. AGREEMENT WHOLE AND CONCLUSIVE . . . . . . . . . . . . . . . . . . . . . .
XIX. SIGNATURES ................................................
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It is mutually agreed by and between the City and CASP as follows:
DEFINZITONS
For purpose of this Agreement:
°Acceas° shall mean the privilege of any one who works or lives in Saint Paul 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-served non-discriminatory basis.
"Access Channels" shall mean ihose channels dedicated by law, rule, regulation, or
commitment of Cable Company to the programming 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 shall not
include services, equipment, and/or facilities of the City.
"Access Programming" shall mean programming 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.
"Appendix H" shall mean Appendix H of the Saint Paul Legislative Code.
°Business° shall mean all appropriate business activities in support of access users and
the production of access and community programming. Such business shall include the
solicitation of gifts of in-kind and monetary support. CASP shall not engage in commercial
for-profit productions.
"Cable Company° shall mean Continental Cablevision of Saint Paul, Inc., its successors
and assigns.
CASP.
"Community Programming" shall mean programming under the editorial control of
"Designated Entity" shall mean a non-profit entity or entities designated by the City
and further defined by Appendiz H.
"Equipment" shall mean any purchases made with funds provided by the Cable
Company.
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I. SERVICES
For the consideration hereinafter stated, the Ciry names CASP as the Designated Entity
for the term of this contract and CASP agrees to provide management and promotional
services to support Access and Community Programm;ng in accordance with this contract
and Appendix H.
TASK I. Training
1. CASP will conduct an introductory access orientation course. The wurse shall consist of
public access television philosophy, CASP policies and procedures, audience development, how
to use public access, CASP course offerings, publicity and promotion, and tours of the studios,
edit suites, access equipment and vaa The introductory access orientation course shall consist
of at least three contact hours per class, and such classes will be held at least once per month.
2. Basic level courses in video production, including studio production, field production, and
editing, shall be offered at least once every five weeks.
3. 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 wurses in advanced video production techniques shall be offered at least
once every two months.
5. CASP will take an active role in recruiting access users for its classes. Class recruitment
should be included in at least 80% of all promotion materials.
6. CASP will provide at least two speeial training or orientation programs per year to meet
special needs of local institutions and/or organizations.
7. By November 1, 1945, CASP will develop a formal internship program for involving at
least 10 students annually from the secondary and post secondary education communities in
Saint Paul.
8. Each year, no later than August 1, CASP will submit a revised training and education
plan to the City's Cable Communications Officer. The revised plan will include e�cpansion of and
outreach to new audiences and provide cooperative educational opportunities to the education
community and the community at-large.
9. CASP will manage the scheduling, registration, record keeping, production of materials,
evaluation, and other administrative tasks including quarterly reports, far all of its educational
and training activities. Such reports shall include student evaluations of their training.
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Task II: Equipment and Facilities
L CASP wi71 maintain inventory wntrol and records of all 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 condition of each piece of
Equipmeni Any Equipment wluch is disposed of shall continue to be carried on the inventory
with a notation of date of disposal and value received.
2. CASP shall maintain and repair Equipment in a timely manner keeping record of
maintenance and repair, and maintain a plan for the purchase, replacement and acquisition of
Equipment. Such plan and revisions shall be submitted to the City's Cable Communications
Officer with each annual report.
3. CASP will implement policies for check out and use of Equipment and facilities, manage
Equipment/facilities check out and use, and maintain a current log of 8quipment check out and
use. CASP facilities will be open at least 50 hours per week on at least six days per week.
4. CASP will maintain a log of complaints and responses regarding Equipment condition
and use policies.
5. CASP will maintain insurance in an amount and form acceptable to the City on all
Equipment and facilities managed by CASP, naming Yhe Designated Entity as the insured and
the City as w-insured. All insurance documents shall be submitted to the City's Cable
Communications Of�cer on an annual basis and whenever amended.
6. CASP will maintain facilities for training, production, and administration of Access and
Communiry Programming consistent with this Agreement.
7. CASP shall conduct a study of community needs as they relate to access to other
technologes (computet, wireless, telecommunicadons). CASP shall create a plan to provide
access to new technologies and submit it to the City's Cable Communications Officer by
November 15, 1995.
Task III: Access and Community Programming Channel Time
1. CASP shall maintain and implement policies and procedures for allocating, reserving and
using time on the designated Access ChanneLs. Such policies and all subsequent policy changes
shall be submitted to the City's Cable Communications Officer. No program cablecast on an
access channel shall violate federal, state, or local statutes.
2. CASP shall be responsible for the playback of video, audio and te� programming on the
three designated Access channeLs, one Government access channel, and one Community
Programming channel in accordance with CASP's established policies and procedures. CASP
shall staff playback facilities to insure program playback of no less than 95 hours per week and a
failure rate of no more than 5 percent of the total piayback hours.
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3. CASP will produce and provide Community Programming, 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 Mayoral Inauguration, the Mayor's
State-of-the-City Address, the Jr.— Sr. Royalty Pageant, the Truth-in-Taxation Hearing, and up
to three other public hearings or town meetings as requested by the Cable Communications
Officer. The City will provide a liaison on a staff available basis for the produdion of city
govemment related programming.
4. CASP will provide a full-time Educational Access Coordinator to serve the educational
access community. Furthermore, CASP will establish an Educational Access Committee
comprised of representatives from public and private schoo]s, both K-12 and post secondary to
work with CASP in the coordination and provision of Access services to the educational
community in Saint Paul.
Task IV: Promotion of Access
1. CASP shall create and make avaIlable to the public at least one printed document
describing the Access and Community Programming resources available in the City of Saint Paul
and how citizens of Saint Paul may make use of the described resources.
2. CASP shall provide informadon about Access and Community Programming activities on
a regular basis for publication in Saint Paul community newspapers and other media at least
once a month.
3. CASP shall print, or arrange for printing, and distribute monthly schedules of programs
cablecast on the designated Access Channels and Government Access Channel. At least 2,000
schedules should be distributed each month.
4. CASP shall provide or arrange for speakers to discuss Access and Communiry
Programming activities and opportunities in Saint Paul. Such speaking opportunities shall be
arranged at least once a month.
5. CASP shall conduct an outreach progtam intended to increase CASP membership,
access users, viewers for access and community programming, and its visibility in Saint Paul.
CASP shall report its progress in the quarterly reports submitted to the Ciry's Cable
Communications Officer.
6. CASP shall take full advantage of promotional activities deta$ed in Article III, § 6 of
Appendiz H.
7. CASP shall take advantage of its own video productian services and produce programs
about how to use CASP services and to describe to the community what is available at CASP. In
addition, CASP will be eapected to actively promote a community based forum and produce it
rivice a month.
8. CASP shall hold open houses on a quatterly basis and invite the general public, schools,
local organizations and institutions.
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9. CASP shall provide a Strategic Community Programming plan to City's Cable
Communications OfFcer no later than 120 days after the effective date of this contract. 'The
plan will descdbe CASP's strategy to target and collaborate with other Saint Paul community
organizations to ptoduce wmmunity relevant programming.
Task V: Other Management Services
1. CASP will provide notices and minutes of annual and special membership meetings and
notices and minutes of all Boazd of Directors' meetings to the Ciry's Cable Communications
Officer.
2. CASP will maintain records of Equipmentjfacilities purchase, use, and maintenance; use
of Access and Community Programr„ing channel time; records of Access training; and
complaints or disputes related to Access or Community Programming.
3. The city shall have the right to inspect CASF's business records and copy them at no
elcpense to the Ciry. CASP's business records shall be maintained in conformance with this
Agreement and shall be available for inspection during regularly scheduled business hours or at
such other time mutually agreed to by the City and CASP.
4. CASP will provide copies of current insurance documents and budgets, related to terms
and conditions of this Agreement, to the City's Cable Communications Officer upon request.
5. CASP will prepare and submit to the City's Cable Communications Officer a balanced
annual operating budget for the subsequent year at least 60 days before the end of CASP's
fiscal yeaz. Such budget shall adhere to standard accounting and record keeping practices. As
part of its business operation, CASP shall submit to the City's Cable Communications Officer
monthly operating statements and shall, at its eapense, contract for a year-end audit by a
Certified Public Accountant.
6. Any circumstances that cause or could cause the budget to be out of balance shall be
reported to the City's Cable Communications Officer within seven (7) days of discovering the
matter.
7. All paid positions, including that of the F�ecutive Director, shall be subject to a fair and
open hiring process. CASP shall comply with or eacceed all federal, state, and local laws and
regulations relating to equal employment opportunity. CASP will submit, to the City's Cable
Communications Officer, for review any revisions to its staff'mg plan, outlining its proposed
personnel commitments to fulfill the tasks in this Agreement; including training, general access,
educational access, program playback, Community Programming production, and volunteer and
staff development.
8. At least once during the term of this contract CASP shall conduct a community needs
assessment using standard survey methods to collect data encompassing all aspects of CASP
services. The City's Cable Communications Officer shall have the opportunity to comment on
the survey instrument before it is used. CASF shall provide a copy of the survey results to the
City's Cable Communications Officer. CASP shall review survey results and respond to priority
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needs as established by the CA.SP Board. For �ample, new projects should relate to resuits of
needs assessment as well as requests for changes to this contract.
9. CASP 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 CASP's fiscal year and submitted on September 15,
December 15, March 15, and 7une 15. The Annual Report shall be submitted on July 15.
10. CASP shall submit to the City's Cable Communications Officer a report on the Board of
Directors nomination process. The process shall be committed to rec,zvitment of individuals
representing diverse communities of interest and relevant business and professional e�cperience.
Within 30 days following its Annual Meeting, CASP shall report to the City's Cable
Communicauons Officer the Board of D'uectors election results. The report shall include a
complete Board roster (including appointed members) and a brief biography of each.
11. As part of its fourth quarter report, CASP shall provide to the City's Cable
Communications Off"icer any revisions to its four year business plan and budget.
12. CASP will include in its Annual report dated July 15 the results of its efforts to secure
additional funding and in-kind contributions to supplement and enhance the services and
programming contemplated herein. Both parties desire that such contn'butions will increase on
an annual basis.
II. EVALUATION
CASP agrees that an overall written evaluation of its performance under this Agreement,
including an on site inspection, may be performed quarterly as determined by the City's Cable
Communications Officer following receipt of the Annual Report. Any evaluation shall be based
on the fulfillment of the terms and conditions herein. Should the Ciry find any instances of
noncompliance after a quarterly review, the Cable Communications Officer shall transmit in
writing a description of the areas of noncompliance to CASP within 30 days. CASP shall
respond to such notices within 15 working days of receipt in writing, detailing corrective actions,
to be taken.
III. EQUIPMENT OWNERSHIP
CASP agrees that everything purchased with funds provided by the Cable Company is
the sole property of the Designated Entity with no right, tide, or interest therein vesting in
CASP. During such time as CASP, its successors and assigns, is acting as the Designated Entiry,
it is understood that CASP is only the temporary custodian of such property and that CASP has
no rights of ownership with respect to such properry. CASP may not dispose of or otherwise
use said property so as to enrich CASP or to deprive any future Designated Entity of the full
benefits of this propetty. The Designated Entity shall have the right to dispose of old,
outmoded and superIluous equipment in accordance with ordinary business practices so long as
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any benefits arising from such disposition accrue to the Designated Entity only. CASP shall
submit in writing to the City's Cable Communications Off'icer 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 CASP with no right, title, or interest therein vesting in the City.
IV. STATUS OF EMPLOYEES
At all times, CASP is an independent contractor. Neither CASP nor its agents or its
employees aze employees of the City and are entitled to none of the rights, privileges, and
benefits granted regular City employees.
V. HUMAN RIGHT5 ORDINANCE
CASP agrees to be bound by Chapter 183 of Saint Paul Legislative Code.
VI. OFFICIALS DESIGNATED — CASP
CASP designates its Executive Director as the person to be contacted by the City
regarding this Agreement. The Board of Directors of CASP shall be the fmal authorily in any
CASP policy determinations.
VII. OFFICJALS DESIGNATED — CIT'I'
The City designates the Cable Communications Officer of the Finance and Management
Services Department as the person to be contacted by CASP regarding this Agreement.
VIII. GRANT
For CASP's faithful performance of the services set forth in this contract, the City agrees
to direct the Cable Company to pay the operating payment to CASP as follows: the Cable
Company shall pay $SA0,000 as an operating payment in 1992 dollars directly to CASP,
escalating as described below.
In 1993, the Company paid $540,000, plus an amount equal to $540,000 multiplied by the
percentage inctease in the Minneapolis — Saint Paul CPI for 1992. Sitnilarly, each year
thereafter, the operating payment will be increased over the operating payment for the prior
year by a percentage amount equal to the annual percentage increase for the Minneapolis —
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Saint Paui CPI for the prior year. One-quarter of the operating payment for a calendar year
will be paid on February 15, another quarter on May 15, another quarter on August 15, and the
remaining amount on November 15.
In addition, the City will pay CASP, from franchise fees a total of $8,500 annually for the
provision of agreed promotion and playback services.
The City further agrees that within 30 days of the acceptance of this agreement by the
City, the Ciry will release to CASP all capital equipment payment funds paid by the Cable
Company to the City resulting from the terms of the franchise ordinance as amended in
September, 1992, plus all accrued interest, less any funds already received by CASP. These
funds are e�ressly for the purpose of capital equipment purchases.
T'he 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 fmancial support to another Designated Entity or to other cable-related
purpose for public benefit pursuant to Article III, Section 6d of Saint Paul Legislative Code
Appendix H. Should the City decide to withhold one or more payments for noncompliance as
determined in section II, the Ciry shall send a written notice to CASP at least fourteen working
days in advance containing the following information:
Amount being withheld
Specific reasons for withholding payment;
Corrective actions requested;
Identification of dates by which corrective action is to be completed.
IX. SEVERABII,ITY
In the event any provision of this Agreement is deemed unconstitudonal, illegal or void
as a matter of law, the parties agree that all of the provisions of this Agreement which are not
affected by such an occurrence shall constitute a full and complete Agreement between the
parties.
X. SUBCONTRACTING
CASP may not subcontract portions of this Agreement until written approval is received
from the City's Cable Communications Officer; such approval shall not be unreasonably
withheld.
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XI. TERD�IINATION
The City and CASP reserve the right to terminate this Agreement or CASP's selection
as the Designated Entity without cause or penalty on sixry days written notice.
Notwithstanding any provision contained in this Agreement ta the contrary, CASP shall
be entitled to pay its expenses incurred in the normai course of its business until such time as it
is obligated to effect the below-referenced transfer.
XII. CONDiTIONS OF DISSOLUTION
Subject to CASP's right to pay its normal operating expenses, as set forth above, in the
event that the City transfers responsibilities to another Designated Entity, or in the event of the
dissolution of CASP, any unspent or unobligated funds of current or past annual Operating
Payments shall be paid to any other Designated Entity, within 90 days of notification of
reallocation or dissolution. CASP shall immediately release control of all equipment and
materials to the City, excepting those items which are identified in the books and records of
CASP as purchased with funds other than those received from the Cable Company.
XIlI. DISPOSITION OF DOCUMENTS/MATERTALS
In the event that the City transfers responsibility to another Designated Entity, or in the
event of the dissolution of CASP, CASP shall provide the City with copies of all CASP
documents, files, computer disks, videotapes, etc, including but not limited to lists of trained and
certified access users and their respective levels of training and certification; forms necessary to
the day-to-day operations of access; operating policies and procedures. This requirement shall
not include any CASP membership lists.
XIV. COMPLAINTS
CASP may, at any tune, file in writing with the Office of Cable Communications,
complaints concerning the operation of the cabie �yatem that have a bearing on CASP's
performance under this Agreement. The Cable Communications Officer shall investigate the
complaints pursuant to Saint Paut Legislative Gode §430.d34.
XV. CONTINGENT FUNDINC
Continued performance of this Ageement by the City is contingent upon continued
funding of Access and Community Programming in accordance with Appendis H of the Saint
Paul Legislative Code.
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XVI. TERM OF AGREEMENT
This Agreement shall commence on the date the Council resolution approving this
document goes into effect and shall remain in effect until June 30, 1996.
XVII. AMENDMENTS TO AGREEMENT
This Agreement may be amended upon the mutual agreement of CASP and the City.
All amendments shall be in writing and effective upon c�ecution by duly qualified officers of
CASP and the Ciry.
XVIII. AGREEMENT WHOLE AND CONCLUSIVE
The parties eapressly state that this Agreement, together with Appendixes and
Amendments, constitutes the whole understanding of the parties as to the performance of CASP
pursuant to Saint Paul I.egislative code, Appendix H, Art.III, Section 6 and that no
understandings outside of the Agreement are pertinent to CASP's performance. No right or
privilege is ganted or confened by the Agreement except those specifically prescribed herein.
In accepting this contract CASP acknowledges that its rights hereunder are subject 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 futther that CASP shall at all times comply with all
applicable present and future ]aws, rules and regulations.
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XIX. SIGNATURES
IN WITNFSS HEREOF, the parties have set their hands on the dates indicated.
CTTY OF SAINT PAUL
Approved as to form:
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Assistan Ci Attomey
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Date
G�!�G�G{i �����
orm Coleman Ma or
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Date
CABLE ACCESS - SAINT PAUL, INC.
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Director, Deparatment of Finance Services
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Date
CIS\CABLE\CASP�AGREE195
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