96-882Council File # ! � - �Sa
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Green Sheet # 3 a � �.
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA �
Presented By
Referred To
Committee: Date
WHEREAS, 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
prograxnming on the local cable television system; and
WHEREAS, a contract for services between the City of Saint Paul and Cable Access St. Paul, Inc., d.b.a Saint
Paul Neighbarhood Network, (SPNN) was extended on June 30, 1996 which outlines the duties,
responsibilities and obligations of the parties with respect to the provision of goods and services by the
Designated Entity; an3
WHEREAS, the new contract outlines new annual reporting evaluation procedures, clarifies financiai
reporting tasks, and requires SPNN to conduct a community needs assessment regarding public and
educational access; and
WHEREAS, the current contract expires August 14, 1996; and
WHEREAS, the City has determined that Cable Access St. Paul, Inc., d.b.a. Saint Paul Neighborhood, has
performed its duties as Designated Entity in a manner satisfactory to the City; now therefore be it
RESOLVED - that the contract for services between the City of Saint Paul and Cable Access Saint Paul, Inc.
Be entered into and be in effect until June 30, 1997.
Requested by Department of:
Adopted by Council: Date �1`��f �
AdopGon Certified by Council Secretary
B � �--. �....�.�.,-_<--�
Approved by Mayor: Date � l) �16
By: /W �L �Svud'iaS
Approved by Mayor for Submission to Council:
BY � ��
°I L - P �'3�-
D Finance/C ble D 7/30/96 GREEN SHEET N� ���2g
CONTACT PEFiSON & PHONE INRIAUDATE MRIFL/DATE
DEPAfl7MENTDIfiECTO CRVCOUNdL
Holly Yerigan 266-8875 "���" CRYARORNEY OCRYCLEflK
MUST BE ON COUNCIL AGENDA BV (DATE) pUO��FOX �� DIRE R �FIN. 8 MGT. SEMICES DIR.
OBDER MpVOP (OR AS615TANn O
TOTAL P SIGNATUR AGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTIONqEOUE new contract with Cable Access - Saint Paul, d.b.a. Saint
Paul Neighborhood Network (SPNN) to.provide public and educational
access and community programming services.
RECOMMENDATIONS: Approve (A) a Rejea (a) PERSONAL SERVICE CONTRACTS MUST ANSWER THE F� ESTIONS:
_ PLANNING COMMI$$ION _ CNIL SERVICE COMMISSION �• Hd511115 pB�50Nflrtn eVef Wofketl untlef 2 COntfdCt fOr thi5 d .
_ CIB COMMmEE YES NO y y �
_ STAFF 2- Has this personffirtn ever been a city employee? �U� � 3 ! 1,���
— YES NO
_ DIS7RIC7 CAUR7 _ 3. Does this rsan/firm possess a skill not normal �
pe ty poss�e �by p cu� y rt�en[ a employee.
SUPPOflTS WHICX COUNCIL O&IECTIVE? YES NO gy;/� S y}� � qgr °��
Explain all yes answers on separete sheet and attach to green sheat
INITIATING PROBLEM, ISSUE.OPPORTI1NITl (WIro. What. When. Whare, Why):
The current contract with CASP will expire August 14, 1996. The
new contract continues the provision of access � community
programming services until June 30, 1997.
ADVANTAGESIFAPPROVED:
The new contract outlines new annual reporting evaluation
procedures, clarifies financial reporting tasks, and requires SPNN
to conduct a community needs assessment regarding public and
educational access.
DI5ADVANTA6ES If APPROVED:
NONE
DISADVANTAGES IF NOT APPqOVED:
The city would need to find a new provider for these services.
This would be a lengthy and expensive process.
TOTAL AMOUNT OF TRANSACTION $� 6OS , 937 annually COSt/REVENUE BUDGE7ED (CIRCLE ONE) YES NO
FUNDIfdGSOURCE Gx'ant from Continental Cablevision ACTIVI7YNUMBER
FINANCIAL INFORMATION: (EXPLAIN)
q c� —��.
PERFORMANCE AGREEMENT
between
CABLE ACCESS -- ST. PAUL, INC.
(d:b.a Saint Paul Neighborhood.Network)
and the
CITY OF SAINT PAUL
An Agreement by and between 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, � b PaulNeigfiboifiood Network, hereinafter referred to as ""-�� "�PN�:�'
�. �. .,.p,
Contents of Ttiis Document
I.
II.
�.
N.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
XIX.
DEFTNITIONS ............................................ 2
SERVICES............................................... 3
EVALUATION ............................................. 8
EQUIPMENT OWNERSHIP .................................... 8
STATUS OF EMPLOYEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
HUMAN RIGHTS ORDINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
OFFICIALS DESIGNATED — C-hSP;��Sp-,,� N . . . . . . . . . . . . . . . . . . . . . . . . . 9
OFFICIALS DESIGNATED — CITY .............................. 9
GRANT................................................. 10
SEVERABILITY ........................................... 10
SUBCONTRACTING ........................................ 11
TERMINATION ............................�----.......... ll
CONDITIONS OF DISSOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
DISPOSITION OF DOCUMENTS/MATERIALS . . . . . . . . . . . . . . . . . . . . . . 11
COMPLAINTS ............................................ 12
CONTINGENT FUNDING .................................... 12
TERM OF AGREEMENT ..................................... 12
AMENDMENTS TO AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
AGREEMENT WHOLE AND CONCLUSIVE . . . . . . . . . . . . . . . . . . . . . . . 13
SIGNATURES ............................................ 14
l
�(L-��d-
WITNESSETH:
It is mutually agreed by and between.the Ciry and C�S� SPNN as follows:
DEFINITIONS
For purpose of this Agreement:
"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-served non-discriminatory basis.
"Access Channels" shall mean those channels dedicated by law, rule, regulation, or
cotntnitment of Cable Company to the progracsuning use of the general public and educational
institutions.
"Access services" shall refer to services, eqnipment, 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 Ciry.
"Access Prograznming" shall mean progranuning under the editorial control of access users.
"Access Users" shall mean those members of the communiry who create and/or present
programming for playback on the access cabie channels.
"Appendix A" shall mean Appendix A of the Saint Paul L.egislative Code.
"Business" shall mean all appropriate business activities in support of access users and the
production of access and community programming. Such business sha�t nia}� include the solicitation of
gifrs of in-kind and monetary support. - .
"Cable Company" shail mean Continentai Cablevision of Saint Paul, Inc., its successors and
assigns.
"Communiry Programming" shail mean programming under the editorial control of C�P
SP�?�.
"Designated Entity" shall mean a non-profit entiry or entities designated by the Ciry and further
defined by Appendix H.
"EquipmenY' shall mean any purchases made with funds provided by the Cable Company.
2
�c-���
I. SERVICES
For the consideration hereinafter stated, the City names E�SP SPNN as the Designated Entity
for the term of this conuact and � SPNN agrees to provide management and promotionai
services to support Access and Communiry Programming in accordance with this contract and
Appendix H.
TASK I. Training
1. C�rS� !;SPNN a+i�k sfiall conduct an introductory access orientation course. The course shall
consist of gublic access television philosophy, C-�P SPNN policies and procedures, audience
development, how to use public access, C-�4Si' ;SPNN course offerings, publicity and promotion, and
tours of the studios, edit suites, access equipment and van. The irnroductory 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 1eve1 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. £�4�-P w5��,,„'�t will take an active role in recruiting access users for its classes. Class
recmitment snaul� ��al included in at least 80 % of all promotion materials.
6. E�P �SP;�l� will provide at least two special training or orientation programs per year to
meet special needs of local institutions and/or organizations.
7, , �vSP_.IVI� will �evelep �aintun a formal intemship program €ar
involving at least 10 students annually from the secondary and post secondary education communities in
Saint Paul.
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9.$� ���S�'� will manage the scheduling, registration, record keeping, production of
materials, evaluation, and other administrative tasks, including quarterly reports, for all of its
educational and training activities. Such reports shall include sNdent evaluations of their training.
3
2� -���
Task II: Equipment and Facilities
l. C�48P SPNN will maintain inventory control 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 Equipment.
Any Equipment which is disposed of shall continue to be carried on the inventory with a notation of
date of disposai and value received.
2. E�rP SPNN 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 Ciry's Cabie Communications Officer
with each annual report. .
3. C�P SPNN will implement aiid"gqfoice policies for check out and use of Fquipment and
facilities, manage Equipment/facilities check out and use, and maintain a current log of Equipment
check out and use. E�S�' ' SPNN facilities will be open at least 50 hours per week on at least six days
per week.
4. E�S�P :SPNN will maintain a log of complaints and responses regazding Equipment condition
and use policies Tlie`log�'shall,be'available at�allseasonable time� £or"iiispectzon?6'�iez�,�'ty;�
� _� a �.�m a ��.,:�_
5. �P rSPNL� will maintain insurance in an amount and form acceptable to the City on ail
Equipment and facilities managed by E�P ; S��*1��, naming the Designated Entiry as the insured and
the City as co-insured. All insurance documenu shall be submitted to the Ciry's Cable
Communications Officer erran vrithn annual basis repoit and �vatT�ui�fiirty������a�s whenever
amended.
6. C�SP'rSPNN will maintain facilities for training �as �e,scrtbedins�'as1�, production, and
administration of Access and Community Prograznming consistent with this Agreement.
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Task III: Access and Communiry Programming Channel Time
1. E��'sP SPNN shall maintain and implemeirt erifqrce 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 �vithmihr�ty`;��(317}�aysFq£�
c3iangg. No program cablecast on an access channel shall violate fedexal, state, or local statutes.
2. Ez4SP .SPNN shall be responsible for the playback of video, audio and text programming on
the three designated Access channels, one Government access channei, and one Community
Programming channel in accordance with E�SP : SPN_ N s established policies and procedures. E�P
�NN shall staff playback facilities to insure program playback s��S�seven �'ays�per me�l�
q� - ���.
and_an avgrage of twelve hours per week day per channel, and a failure rate of no more than 5 percent
of the totai playback hours. �
3. �� SPNN wIll produce and provide Community Programming, including, but not limited
to, local sports evenu, parades, sociai 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. Royalry 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 production of city government related
piogtamming.
4,_ 'SPNN shali'not:epgage`in couune;cial prod'uction wlth,for profif entiues:;
&-5. £#'sP SPNN will provide a full-tune Educational Access Coordinator to serve the educational
access community. Furthermore, E�rSP ._SPNN will estab}isk maintaiu an acttvg Fducational Access
Committee comprised of representatives from public and private schoois, both K-12 and post
secondary, to work with E�'sP ;`S_PNN in the coordination and provision of Access services to the
educational community in Saint Paui.
Task IV: Promotion of Access
�� C�SP �S�3�I shall create and make available to the public at least one printed document
describing the Access and Communiry Programming resources availabie in the Ciry of Saint Paul and
how citizens of Saint Paul may make use of the described resources.
�3,;� E�''sP =S��TI�,? shall provide information about Access and Communiry Piograimning activities
on a regular basis for publication in Saint Paul community newspapers and other media at least once a
month.
3�4: �P SF�N 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.
�S: � SE�N shall provide or arrange for speakers to discuss Access and Community
Prograziuning activities and opportunities in Sa9nt Paul. Such speaking opportunities shall be arranged
npon of a`cominumty,'orgamzafion; or #he �it,y;`
5-6� C�S�' SP.�?N shall eandnet develop.an outreach pragram plan by �flvember:30, 1995� ^Tfie
� • ]_da_L /�AOT '
plan shallYnclude fiow �"� - SPNN intends to,�nc[ease,=,membership, access
users, viewers €ar of access and community programming, and its visibility in Saint Paul. Ez4S�P
SP�N shall ceport its ptogcess compaied`fo itSgl"a_n'in the quarterly reports submitted to the Ciry's
Cable Communications Officer.
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.:.
7. £�S� ,SPNN shail take advantage of its own video production seroices and produce programs
azid PSi�,s abeut whieh explain how to use E�P SPNN services and ta describe to the community
what is available at �P SPNN. Tiiese programs or PSAs shaltbe cablecasfat least fiye time5'pei
week: , -
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i�%w�ico
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$: SENN shall'actiyelyprqmdtg a'cgininiuury-based foruin featnruig:Samt,Paul orgazuzations and
isspes antl produce rt twice a, montli:<
$�. C—f�r3P `SPNN shall hold open houses on a quarterly basis and invite the general public,
schools, local organizations and institutions.
910. E�`'sP .,SPNN shall provide a an:ri'pdated Strategic Community Programming plan to ifie;;City's
Cable Communications Officer no later than 120 days afrer the effective date of this contract. The plan
wili describe E�4S� ?SP�IN'`s_ suategy to target and collaborate with other Saint Paul communiry
organizations to produce community-relevant prograznmmg aiid�tepo,rt�an the,resuit�o��fTi"e;�rrio;��ea�
L?3??�=
Task V: Other Management Services
1. ��P �S�tNt wIll provide irixa tiriiely�mann�ez notices and minutes of annual and speciai
membership meetings and notices and minutes of all Board of Directors' meetings to the City's Cable
Communications O�cer.
2. 6�SP �SP�7�I will maintain records of EquipmenUfacilities purchase, use, and maintenance;
use of Access and Communiry Prograzimiing channei time; records of Access training; and complaints
oc disputes related to Access or Community Programmmg Ttiese�reeoids s'lia��.`:be a�i���"'�t �II
iea�,Q 51��tunes �,c�;
3. The City shall have the right to inspect E�'sP i:,S�T�`S business records and copy them at no
expense to the City. E�rS� !?SPNN'ys 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 E�"sP �SPNN.
54. ��`'sP -SPNN 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 �P'.SP�TI�?;'s
fiscal year. Such budget shall be;approved:by theSpN,t�InBoard�:af,DuecEors and adhere to standard
accounting and record keeping practices. As part of its business operation, C—f�rSP'SPNLjT shall submit
to the Ciry's Cable Communications Officer monthly aPeraring filiancial statements and shall, at its
espense, contract for a year-end audit by a Certified Public Accountant. :�SPNN shalksuGml�:apdifed
.
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containetl herein, and any exceprions noted. SPNN shall submit a plan for correcrive action, if
ezcaptions are significant. -
&5. C—�rS�' SPNN will provide copies of budgets vs. actual
e�enditiirgs_ , to the City's Cable Communications
Officer upan-zequest.90 days after fiscai year end.
6. Any circumstances that cause or could cause dte SPNN's budget to be out of balance shall be
reported to the City's Cabie Communications Officer within seven (7) days of discovering the matter
an�-ongoiiig- corcective actioii shali be periodicaliy reported fo the Ciry's Cable Commuaications
Officer.
7. All paid positions, including that of the Executive Director, shall be subject to a fair and open
hiring process. �P SPNN shall comply with or exceed all federal, state, and local laws and
regulations relating to equal employment opportuniry. C�4�P SPNN will submit to the City's Cable
Communications Officer for review, any revisions to its staffing plan, outlining its proposed personnel
commitments to fulfill the tasks in this Agreement; inciuding training, general access, educational
access, program playback, Community Program�ning production, and volunteer and staff development.
8. <'ySP`N�I shall conduct a communiry needs
assessment using standard survey methods to collect data encompassing all aspects of cur�en� �P
�S]?;NN services an�#o-identrfythe;comm5inrty�s,�uture�needs regar�ufg'pub]tc apd,educat�o���c,ce5s.
�,.,
The City's Cable Communications Officer shali have the opportunity to comment on the survey
instrument before it is used. E�P �SP.i�1L� shall provide a copy of the survey resuits to the City's
Cable Communications Officer tiy 7anuary;31';�997. E�P tSP�IL�I shall review ffie survey results and
respond to prioriry needs as established by the C�SP :S_P,;N� Board. For example, new projects should
relate to results of Ltie;needs assessment, as well as fg'requests for changes to this eanfraek',._"t�'gieeizierit.
9. �P `S�NN 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 C� SPNN";� fiscal year and submitted on September 15, December 15,
March 15, and June 15. The Annual Report shall be submitted on July 15.
10. C�tS�' ;qS�'�7N shall submit to the City's Cable Communications Officer a report on the Board
of Directors nomination process. The process shall be committed to recmitment of individuals
representing diverse communities of interest and relevant business and professional experience. Within
30 days following its Annual Meeting, C�P ;SE2�1N shall report to the Ciry's Cable Communications
Officer the Board of Directors election results. The report shall include a complete Board roster
(including appointed members) and a brief biography of each.
b '
rLL:I.
•_ �
'SP!N1�I's:�nnpal Report shall be submitted to the Ciry's Cable Communications Officer on oc bgfore
TuTy;`I5�;'�1997°and sl�ali contain at least the following information: �
� TyTemfieislrip starisfics at pear end; including number of inembers under each membership
categqry:
� Piogramm�ng statisrics on a pec-channel basis for the past fiscal year, including: number of
fiouis an`d programs of first-run local programming, number of houis £nd prograuis of �first-ryn
oufside��ro�mm;r xotal hours of programming cablecast by week, and cablecast failure
rafe.�,;
i; A=: ,iisi.of=ail complaints received during the past,fiscal yeat and how,and wli@n they weze
r
f: T_i�wing; staristi_cs, for public and' educahonal_access, foi the fiscal ygai;,'including.conrse`
scfieduCgs;, attendance; recruiting efforts etc:;:as desciibed �n TaskT:
..- .
�; Pa"61ic access trauung plan for the commg ye,a� and°re `suits oFthe pnor year pian
�.�.�
� Fdu�ationai access plan for the c'oming year;andresults.of the:prior year plan
� Commwury PLOgcaniniing plan'for'fhe coming'year and resplts of tTieprior,y,ear,plan
�; �.lists ofsany_Eguipment dispose_d of dpnng;the past'fiscal year, iiicluding dese�ipt�on�of itg.m;
_ Ti`ow�s�osedof,azid;anycompensation,recervedfortfieiEquipmerit;'
b,a Cucien�
#� Cur�en��xnsurai�ca documents �
� �"p"�a2ed�iusiness p7aii;: inciudmg fundraus�n�;uutiati,v,es:and bthe;;�ilans ta:generate ze,v,enp_e?�
�: CS'ci"YZen�missio�s'�atement
� ,,���2]�st'o�:Boa���of Duectors;w`ith short,biograptues
� � �f��ast ofsta�meinbers and.o'rganizatiqnal ch'art
� „,,�emp7����oTicles
� ��en�cess��seuand channel�policies
� � enG�embeishiy',categones � pnees and,l5ene_fit5
II. EVALUATION
EflSP *SPN,� agrees thai an -- -ovcra'c�=�iizca 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 and following receipt of the Annual Report. `�jeuGi"�;�sCa��e
u_..
D�ire semor,_management as pa;t' of annual;revie ,w:�:Any evaluation shali be based on the
fulfillment of the terms and conditions herein. Should the City find any instances of noncompliance
after a t�xarferly review, the Cable Communications Officer shall transmit in writing a description of
the areas of noncompliance to E�'sP SPNN within 30 days. E�`'sP iSPNN shall respond to such
notices within 15 working days of receipt in writing, detailing corrective actions to be taken.
III. EQUIPMENT OWNERSHIP
EA�P SPNN agrees that everything purchased with funds provided by the Cable Company is
the sole properry of the Designated Entity with no right, title, or interest therein vesting in E�S�-
l �� ��1,
SPNN. During such time as £�P . SPNN, its successors and assigns, is acting as the Designated
Entity, it is understood that C�cSP SPNN is only the temporary custodian of such property and that
C-�P : SPNN has no rights of owneiship with respect to such property. E�P ;; SPNN may not dispose
of or otherwise use said property so as to enrich E�P _SPNN or to deprive any future Designated
Entity of the full benefits of this property. The Designated Entity shall have the right to dispose of old,
outmoded and superfluous Equipment in accordance with ordinary business practices so long as any
benefits azising from such disposition accme to the Designated Entiry only. �A�P' shall submit
in writing to the Ciry's Cable Communications O�cer 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 property of �P `SPNN with no right, title, or interest therein vesting in the
Ciry.
IV. _ STATUS OF EMPLOYEES
At all times, E�"sP ;�PNrT is an independent contractor. Neither E#'sP SINN nor its agents or
its employees are employees of the City and are entitled to none of the rights, privileges, and benefits
granted regular City employees.
V. HUMAN RIGHTS ORDINANCE
E�P �SPNI� agrees to be bound by Chapter 183 of Saint Paul Legislative Code.
VI. OFFICIALS DESIGNATED — C�Sg SINN
E�P ��PI�I� designates its Executive Director as the peison to be contacted by the City
regarding this Agreement. The Board of Directors of C�P �}SFI�1V shall be the final authority in any
�P zSENIN policy determinations.
VII. OFFICIALS DESIGNATED — CITY
The City designates the Cable Communications OfFicer of the Finance and Management
Services Department as the person to be contacted by E�R�;�PN� regarding this Agreement.
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VIII. GRANT
For e-4�P SPNN's faithful performance of the services set forth in this contract, the City
agrees to d'uect the Cabie Company to pay the operating payment to SPNN .
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according to _Saint Pau1,I.egislative, Code Appendix H, Articlg III, Section,6k(ii).
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_ In addition, the City will pay EASP `-- `----`�-- °-' a total of $8,500 annually for
the provision of agreed promotion and playback services.
The City, upon the recommendation of the Cable Communications Officer, also reserves the
right to withhoid payment for noncompliance with this Agreement, and further reserves the right to
reallocate financial support to another Designated Entity or to other cable-related purpose'_s` for public
benefit pursuant to Samt Paul�egislat�ve;�"qcl��Ap�end�I�; Article III, Section 6d -`��
. Should the City decide to withhoid one or more payments for
noncompliance as determined in section II, the Ciry shall send a written notice to£�SP:
�� at least fourteen working days in advance containing the followang information:
Amount being withheld
Specific reasons for withholding payment;
Corrective actions requested;
Identification of dates by which corrective action is to be completed.
IX. SEVERABILITY
In the event any provision of this Agreement is deemed unconstitutional, illegal or void
as a ma�ter of law, the parties agree that all of the provisions of this Agreement which are not
lo
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affected by such an occurrence shall constitute a fuil and compiete Agreement between the
parties. �
X. SUBCONTRACTING
C�S� . SPNN may not subcontract portions of this Agreement until written approval is
received from the City's Cable Gommunicauons Officer; such approval shall not be
unreasonably withheld.
XI. TBRMINATION
- The Ciry and �S�' ;=rSPI�N reserve the right to terminate this Agreement or£�P��
�PN�� selection as the Designated Entity without cause or penalty on sixty days written
notice.
Notwithstanding any provision contained in this Agreement to the contrary, £�P �
SP�� shall be entitied to pay its expenses incurred in the normal course of its business until
such time as it is obligated to effect the below-referenced transfer.
XII. CONDITIONS OF DISSOLUTION
Subject to E�P;; SE.Nt�Ih:s right to pay its normal operating expenses, as set forth above,
in the event that the City transfers responsibilities to another Designated Entiry, or in the event
of the dissolution of E�S� S1�3�,1�, 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 reailocation or dissolution. E�'sP SPNN shall immediately release control of all equipment
and materials to the City, excepting those items which are identified in the books and records
of C�kS� ;�;SP� as puxchased with funds other than those received from the Cable Company.
XIII. DISPOSITION OF DOCUMENTS/MATERIALS
In the event that the City transfers responsibility to another Designated Entiry, or in
the event of the dissolution of £�P SPNN, £�S� SPNN shall provide the City with copies of
all £ASP SPNN documents, files, computer disks, videotapes, etc., including but not limited
to lists of trained and certified access users and their respective levels of tranung and
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certification; forms necessary to the day-to-day operations of access; operating policies and
procedures. This requirement shall not include any C�SP SPNN membership lists. �
XIV. COMPLAINTS
E�S� SPNN may, at any time, file in writing with the OfFice of Cable
Communications, complaints concerning the operarion of the cable system that have a bearing
on �P SPNI�L`s performance under this Agreement. The Cable Communications Officer
shall investigate the complaints pursuant to Saint Paul I.egisiative Code §430.034.
XV. CONTINGENT FUNDING
Continued performance of this Agreement by the Ciry is contingent upon continued
funding of Access and Community Programming in accordance with Appendix H of the Saint
Paul Legislative Code.
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 Jwne 30, 4996 pl'-9��
XVII. AMENDMENTS TO AGREEMENT
This Agreement may be amended upon the mutual agreement of £�'r3� ��P,I�N and the
City. All amendments shall be in writing and effective upon execution by duly qualified
officers of EftS�' ?<SPNN and the City.
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XVIII. AGREEMENT WHOLE AND CONCLUSIVE
The parties expressly state that this Agreement, together with Appendixes and
Amendments, constitutes the whole understanding of the par[ies as to the performance of
£�'sP , SPNN pursuant to Saint Paul I,egislative code, Appendix H, Article III, Section 6 and
that no understandings outside of the Agreement are pertinent to £�P;_ SPNN's performance.
No right or privilege is granted or conferred by the Agreement except those specifically
prescribed herein. In accepting this contract £�4�P SP1VN acknowledges that its rights
hereunder aze 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 further that
£�' : SPNN shall at all times comply with all applicable present and future laws, rules and
regulations.
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XIX. SIGNATURES
IN VJITNESS HEREOF, the parties have set their hands on the dates indicated.
CITY OF SAINT PAUL
Approved as to form:
_ � '! �
ssis t Ciry Attomey
� �D-�/(
Date
�_--G� �' ���.�,�-'
Norm Coleman, Mayor
� �3i��ib
Date
CABLE ACCESS ST. PAUL, INC.
�� � / � ��.�. '
I ' - �-
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,� !� _ � � �1[I!I. t l�V
� • �-� : -�
Date
SPNMcanv964.dit
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