The URL can be used to link to this page

98-450_ - iy - council File # � � S� Green Sheet # ? jg� Presented By Referred To 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RESOLUTION CITY OF SA{NT PAUL, MiNNESOTA Committee: Date WFIEREAS, the cable franchise agreement with Continental Cablevision of Saint Paul, Inc. provides that the City may designate a non-profit entity (hereinafter the "Designated Entity") or entities to manage public and educational access and communiTy programming on the local cable television system; and WFTEREAS, a contract for services between the City of Saint Paul and the Cable Access Saint Paul, Inc., d.b.a Saint Paul I3eighborhood Network, (SPNN) which outlines the duties, responsibilities and obligations of the parties with respect to the provision of goods and services for public, educational and governmental access, and community programming by the Designated Entiry has been in effect and wi11 expire on June 30, 1998; and WI�ItEAS, the City has determined that Cable Access Saint Paul, Inc, d.b.a. Saint Paul Neighborhood, has performed its duties as Designated Entity in a manner satisfactory to the City; and WIIEREAS, the proposed new contract contains changes to reflect the City's new franchise agreement with Continenta] Cablevision of Saint Paul, (C.F. 98-234); NOW TF�REFORE BE IT RESOLVED that SPNN is hereby designated the City's Designated Entity for the purposes of the cable franchise; and FURTHER RESOLVED, that t1�e proper city officials are hereby authorized to execute the Performance Agreement between Cable Access - St. Paul, Inc., d,b.a. St. Paul Neighborhood Network and the City of Saint Paul, a copy of which is a4tached hereto and incorporated herein by reference. - - - �- - r .�. i , . V �..t�t4� u1._ - � ��' � - ; . ,-. e. �. �� Byc By: Adopted by Council: Date _!��1�ti�_�� 1y l0 Adoption Certified by Covncil Secre � 1' DepartmeMlofficelcounci{: Date Initiated Green Sheet No. 38000 q�'ys� Technology & Management Svcs. 5/19(48 Confact�Persofi 8 Phone:� � j' � � � �nfi dat� Inifiautlare Holly Hansen 266-8875 '�/ � pgPy�ent D �� c�a cA��a Must Be on Cauncil Agenda by (Date) Ass�9� Z City Attomey __� City Clerk NUmber �Financial Serv u. � Financial SerV/accta 5 ' � g FOr �Mayor (Or Asst)� —Civil Se[vice Commission ROUting Order Total # of Signature Pages .�_ (Clip Ali Locations for Signature) Action Requested: Approve renewal of the City's contract with Saint Paul Neighborhood Network (SPIVI� for the provision of public, educational, and government access services and community programm;ng. Recommendations: Approve (A) or Rejed (R) Personal Service Contrects Must Answer the Following Questions: 1. Has this person/firm ever worked under a contrad for this department? Planning Commission Yes No CIB Committee 2. Has this person/firtn ever been a city employee? Civil Service Commission Yes No 3. Does ihis person/firtri possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on sepa2te sheet and aHach to green sheet Initiating Problem, Issue, Opportunity (Who, What, When, Where, Why): The City's current contract with SPNN will expire 6/30/98. Advantages If Approved: Current contract services will not be interrupted and SPNN will remain accountable for contract performance regarding Public, Educational, and Government (PEG) access services and community programming. DisadvanWges If Approved: None DisadvanWges If Not Approved: There would be no "designated entity" to provide PEG access services and community programming. These services, including playback of City Channel 18, would be disrupted as there would be no "designated entity" in accordance with the City's cable television franchise. Total Amount ot Transaction: $ g,5�� CostfRevenue Budgeted: Yes Funding Source: 166 � Activity Number: 37121 Financial Information: (E�cplain) - -__—°C�'qsa 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 Ciry of Saint Paul, Minnesota, a Minnesota municipal corporation hereinafrer referred to as "City", and Cable Access — St. Paul, Inc., a Minnesota non-profit corporation, d.b.a. Saint Paul Neighborhood Network, hereafrer referred to as " SPNN". Contents of This Document I. II. III. N. V. �. VII. VIII. IX. X. XI XII xni. xiv. XV. XVI. XVII. XVIII. XIX. XX. DEFINITIONS ............................................. 2 SERVICES............................................... 3 EVALUATION ............................................. 8 EQUIPMENT OWNERSHIP .................................... 8 STATUS OF EMPLOYEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 HUMAN RIGHTS ORDINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 VENDOR OUTREACH PROGRAM ............................. 9 OFFICIALS DESIGNATED SPNN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 OFFICIALS DESIGNATED — CITY .............................. 9 GRANT.................................................. 9 SEVERABILITY ........................................... 10 5UBCONTRACTING ........................•---............ 10 TERMINATION ........................................... 10 CONDITIONS OF DISSOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 DISPOSITION OF DOCUMENTS/MATERIALS . . . . . . . . . . . . . . . . . . . . . . 10 COMPLAINTS ............................................ 11 CONTINGENT FUNDING .................................... ll TERM OF AGREEMENT ..................................... il AMENDMENTS TO AGREEMENT .............................. 11 AGREEMENT WHOLE AND CONCLUSNE ....................... 12 SIGNATURES ............................................ 12 1 - ------- �- 4sa WITNESSETH: It is mutually agreed by and between the Ciry and SPNN as follows: DEFINITIONS For purpose of this Agreement: "Access" 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 basfs. "Access Channels" shall mean those 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 Ciry. "Access Programming" sha11 mean prograznming under the editorial control of access users. "Access Users" shall mean those members of the communiry who create and/or present prograznming 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. assigns. "Cable Company" shall mean Continental Cablevision of Saint Paul, Inc., its successors and "Community Programming" shall mean programming under the editorial control of SPNN. "Designated Entiry" shall mean a non-profit entity or entities designated by the City and further defined by the Franchise Agreement. "Fquipment" shall mean any durable goods purchases made with funds provided by the Cable Company. "Franchise AgreemenY' shall mean C.F.t{ 98-234, the renewal franchise granted to Continemal Cablevision of Sain[ Paul, Inc. by the Ciry of Saint Paul and any subsequent amendments approved by the Saint Paul Ciry CouncIl. Ea �$'ys° 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 promotionai services to support Access and Community Programming in accordance with tlris cornract and the Franchise Agreement. TASK I. Training l. SPNN shall conduct an inuoductory 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 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 courses in advanced video pcoduction teckuriques shall be offered at least once every two months. 5. SPNN will take an active role in recruiting access users for its classes. Class recruitment shall be included in at least 80% of all promotion materials. 6. SPNN will provide at least two special training ar orientation programs per year to meet special needs of local insututions and/or organizations. 7. SPNN will maintain a formal internship program involving at least 10 students annually from the secondary and post secondary education communities in Saint Paul. 8. SPNN will manage the scheduling, registration, record keeping, production of materials, evaluation, and other admuustrative tasks, including quarteriy reports, for all of its educaflonal and training activities. Such reports shall inctude student evaluations of their training. Task II: Equipment and Facilities 1. SPNN will maintain inventory control and records oP 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 disposal and value received. ��-ys�o 2. 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 City's Cable Communications Officer with each annual report. 3. SPNN will impiement and enforce policies for check out and use of Equipment and facilities, manage Equipmendfacilifies check out and use, and maintain a current log of Fquipment 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 following holidays: New Year's Day, Memorial Day (last Monday in May), Independence Day, Labor Day, Thanksgiving, Christmas Eve, and Chrishnas Day. 4. SPNN wIll maintain a 1og of complainis and responses regazding Equipment condition and use policies. The log shall be available at all reasonable times for inspection by the Ciry. 5. SPNN will maintam insurance in an amount and form acceptable to the City on all Equipment and facilities mauaged by SPNN, namnig the Designated Entity as the insured and the City as co- insured. All insurance documents shall be submitted to the City's Cable Communications Officer with the annual report and within thiriy (30) days whenever amended. 6. SPNN will maintain facilities for trauring (as described in Task n, production, and administration of Access and Community Progratmning consistent with this Agreement. Task III: Access and Community Programming Channel Tune 1. SPNN shall maintain and enforce policies and procedures far 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 O�cer within thirty (30) days of a change. No program cablecast on an access channel shall violate federal, state, or local statutes. 2. SPNN shall be responsible for the playback of video, audio and text progrunming on the four designated Access channels, one Government access channei, and one Communiry 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 of twelve hours per day per channel, and a failure rate of no more than 5 percent of the total playback hours. 3. SPNN wi11 produce and provide Community Programming, including, but not limited to, local sports events, parades, social and political events consisting of an average of 2Q hours pex month. Such prograimning shall include the City Commcil and Mayoral Inauguration, the Mayor's State-of-ffie-City Address, the Jr — Sr. Royalry Pageant, the Truth-in Tasation 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 ciry government related prograuuning. SPNN shail not engage in commercial pxoduction activities witki for-profit entities. 5. SPNN wili provide a full-time Fducational Access Coordinator to serve the educational access communiry. Furthermore, SPNN wili maintain an acrive Fducational Access Commiuee comprised of 0 ---�� 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 comtnunity in Saint Paul. Task IV: Promorion of Access 1. SPNN shall report on the results of its strategic plan by October 31, 1498. The report shall include the following and any revisions to the October 31, 1997 plan. • Ouueach suategies to increase and retain membership, viewership, number of acuve program producers, and overall SPNN visibility. • Communiry programming strategies, including proposals to coRaborate with community organizauons to provide relevant programming for Saint Paul. Such programming should include broad geographic, cultural and interest appeal. • Fundraising strategies, including underwriting, aid membership, and corporate/foundations support. • A publicity plan which details outreach efforts to advertise progranuning and production opportunities. The plan shall aiso address issues raised by the 1997 Community Needs Assessment conducted by SPNN. SPNN shall report on the effectiveness of its plan and differern promotional tactics as part of its Quarterly and Annual Reports. 2. SPNN shall create and make available to the public at least one printed document describing the Access and Communiry Programming resources available in the City of Saint Paul and how citizens of Saint Paul may make use of the described resources. 3. SPNN shall provide information about Access and Community Programming activities on a regular basis for publication in Saint Paul communiry newspapers and other media at least once a month. 4. SPNN shall print, or anange 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. 5. SPNN shall provide or arrange for speakers to discuss Access and Communiry Progranuning acfivities and opportunities in Saint Paul. Such speaking opportunities shall be arranged upon request of a communiry organization or the City. 6. SPNN shall take advantage of its own video groduction services and groduce prograsns and PSAs wtuch explain how to use SPNN services and describe to the community what is available at SPNN. These prograzns or PSAs shall be cablecast at least five times per week. 7. SPNN shall actively promote a community-based forum featuring Saim Paul organizations and issues and produce it twice a month. q�-�Sa 8. SPNN shall hold open houses on a quarterly basis and invite the general public, schools, local organi�ztions and instimrions. Task V: Other Management Services 1. SPNN wffi provide in a timely manner notices and minutes of annual and special membership meetings and notices and minutes of all Boazd of Directors' meetings to the City's Cable Communications Officer. 2. SPNN will maimain records of Equipment/facilities purchase, use, and maintenance; use of Access and Community Programming channel time; records of Access trainnig; and complaints or disputes related to Access or Community Programming. These records shall be available at all reasonable times for review by the City. 3. The Ciry shall have the right to inspect SPNN's business records and copy them at no expense to the City. SPNN's business records shall be maintained in conformance wiYh this Agreement and shall be available for inspecuon during regulazly scheduled business hours or at such other time mutually agreed to by the City and SPNN. 4. 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 SPNN's fiscal year. Such budget shail be approved by the SPNN Board of Directors and adhere to standud accounting and record keeping practices. As part of its business operation, SPNN shall submit to the City's Cable Communications Officer mornhly fmancial statements and shall, at its expense, conuact for a year-end audit by a Certified Public Accountant. SPNN shall submit audited fmancial statements to the City's Cable Communications O�cer 120 days afrer year end. The report sha11 include a statement of the auditor's verification of compliance with the provisions of Tasks I- V contained herein, and any excepuons noted. SPNN shall submit a plan for corrective action, if exceptions are significant. 5. SPNN will provide copies of budget vs. actual expenditures to the City's Cable Communications Officer 40 days after fiscal yeaz end. 6. Any ciicumstances that cause or could cause SPNN to experience meaningful fmancial difficulty or otherwise 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 shall be periodically reported to the City's Cable Communications Officer. 7. All paid positions, including that of the Executive Director, shall be subject to a fair and open hiring process. SPNN shall comply with or exceed all federal, state, and local laws and regulations relating to equal employment opportunity. SPNN will submit to the City's Cable Communications Officer for review, any revisions to its staffing plan, outlining its proposed personnel commihnents to fulfill the tasks in this Agreement; including training, general access, educational access, program playback, Community Programming producdon, and volunteer and staff development. 0 - -� ' �- 0 8. SPNN will prepare and submit four quarterly reports and an annual yeaz end report to the City's Cabie Communicafions Officez on the activities and tasks enumerated in this agreement. Reports shall be based on SPNN's fiscal yeaz and submitted on September 15, December 15, Mazch 15, and June 15. The P.nnual Report shall be submitted on 3uly 15. 9. SPNN shall submit to the City's Cable Communicarions Officer a report on the Board of Direetors nomination process. The process shali be committed to recruitment of individuals representing diverse communifies of interest and relevant business and professional experience. Within 30 days following its Annual Meeting, SPNN st�all report to the City's Cable Communicarions Officer the Board of Direetors election results. The report shall include a complete Boazd roster (including appointed members) and a brief biography of each. 10. SPNN's Annual Report shali be submitted to the Ciry's Cable Communications Officer on or before July 15 and shall contain at least the following information: ♦ Membership statistics at year end; including number 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 fust-run local programming, number of hours and programs of first-run outside programming, total hours of programming cabiecast by week, and cablecast failure rate. ♦ A list of all complaints received during the past fiscal yeaz and how and when they were resolved ♦ Training statistics for public and educational access for the past fiscal year, including course schedules, attendance, recruiting efforts, ete., as described in Task I. ♦ Public access training plan for the coming year and results of the pzior year plan ♦ Educational access plan for the coming year and results of the prior year plan ♦ Community Programming plan for the coming year and results of the prior yeu plan ♦ A list of any Equipmetit disposed of during the past fiscal yeaz, including description of item, how disposed of, and any compensation received for the Equipment ♦ Current Equipment inventory, and replacememlacquisition plan ♦ Current insurance documents ♦ Updated business plan, including fundraising initiatives and other plans to generate revenue ♦ Current mission statement ♦ Current list of Board of Directors with short biographies ♦ Current list oF staff members and organizational chart ♦ Current employee policies ♦ Current access user and charuiel policies ♦ Current membership categories, prices, and benefits ♦ Vendors identified in Saint Paul Administrative Code 84.06 SPNI�i has used during the contract year, and total dollars SPNN spent with such Vendors. fll ___q�_y 5° II. EVALUATION SPNN agrees that an evaluation of iu performance under this Agreement, including an on-site inspection, may be performed quarterly as determined by the Ciry's Cable Communications Officer and following receipt of the Annual Report. The Ciry's Cable Communications Officer may conduct an in- person evaluarion session with the SPNN Board of Duectors 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 Ciry find any instances of noncompliance after a review, the Cable Communications Officer shall transmit in writing a description of the areas of noncompliance to SPNN within 30 days. SPNN shall respond to such norices within 15 working days of receipt in writing, detailing corrective acuons to be taken. III. EQUIPMENT OWNERSHIP SPNN agrees that everything purchased with funds provided by the Cable Company is the sole property of the Designated Entiry with no right, title, or interest therein vesting in SPNN. During such tnne as SPNN, its successars and assigns, is acting as the Designated Entity, it is understood that SPNN is oniy the temporary custodian of such property and that SPNN has no right� of ownership with respect to such property. SPNN may not dispose of or otherwise use said property so as to enrich SPNN or to deprive any furure 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 accrue to the Designated Entity only. SPNN shall 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. Ciry agrees that everything purchased with funds other than those provided by the Cable Comgany is the sole property of SPNN with no right, title, 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 City and are entitled to none of the rights, privIleges, and bene�ts granted regular City employees. V. HUMAN RIGHTS ORDINANCE SPNN agrees to be bound by Chapter 183 of Saint Paul l.egislarive Code. --__c{�-!�s° VI. VENDOR DEVELOPMBNT OUTREACH PROGRAM The City has a goal of assisting economically disadvantaged businesses to participate in public contracts through its Vendor Development Outreach Program, which is addressed in Chapter 84 of the Saint Paul Administrarive Code. The Ciry 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. OFFICIAI.S DESIGNATED — SPNN SPNN designates its Executive Director as the person to be contacted by the Ciry regarding this Agreement. The Boazd of Directors of SPNN shall be the fmal authority in any SPNN policy detemunations. VIIL OFFICIALS DESIGNATED — CITY The City designates the Cable Communications Officer of the Technology and Management Services Department as the person to be contacted by 5PNN regarding this Agreement. IX. GRANT For SPNN's faithful perforxnance of the services set forth in this contract and provided that SPNN has a valid and binding contract with Continental Cablevision of Saint Paul, Inc. to provide PEG services, the City agrees to direct the Cable Company to make the payments to SPNN according to Section 304 of the Franchise Agreement. In addition, the City will pay SPNN a total of $8,500 annually for the provision of agreed promotion and playback services. The City, upon the recommendation of the Cable Comnnunications O�cer, also reserves the right to witlahold 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 public benefit pursuant to the Franchise Agreement, Section 304. 5hould the Ciry decide to withhold one or more payments for noncompliance as determined in Section II of this Agreement, the Ciry 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 payment; Corrective actions requested; Identification of dates by which corrective action is to be completed. L� ---a�-�s� 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 shall consritute a full and complete Agre�ment between the parties. XI. Si3BCONTRACTING SPNN may not subcontraet portions of this Agreement until written approval is received from the Ciry's Cable Communicarions Officer; such approval shall not be unreasonably withheld. XII. TERMINATION The City and SPNN reserve the right to terminate this Agreement ox SPNN's selection as the Designated Enuty without cause or penalty on sixry days wrirten notice. Notwithstanding any provision contained in this Agreement to the contrary, SPNN shall be entided to pay its expenses incuned in the normal course of its business until such time as it is obligated to effect the below-referenced transfer. XIII. CONDITIONS OF DISSOLUTION Subject to SPNN's right to pay its normal operating expenses, as set forth above, in the event that the Ciry transfers responsibilities to another Designated Entiry, or in the event of the dissolution of SPNN, any unspent or unobligated funds received from the cable company as the Designated Entiry, shall be paid to any other Designated Entiry, within 90 days of notiFication of reallocation or dissolution. SPNN shall immediately release control of all equipment and materials to the Ciry, excepting those items which are identified in the books and records of SPNN as purchased with funds other than those received from the Cable Company. XIV. DISPOSITION OF DOCLTMENTS/MATERIALS In the evem that the Ciry uansfers responsibiliry 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 not lunited to lists of trained and certified access users and their respective levels of training and certifica6on; fornis necessary to the day-to-day operations of access; operating policies and procedures. This requirement shall not include any SPNN membership lists. 10 _ - _ _�I��a XV. COMPLAINTS SPNN may, at any time, file in writing with the Office of Cable Communicarions, complainu concerning the operation of the cable system that have a bearing on SPNN's performance under this Agreement. Tlie Cable Communications Officer shall investigate the complaints pursuant to Saint Paul Legislative Code §430.034. XVI. CONTINGENT FUNDING Continued performance of this Agreement by the City is contingent upon continued funding of Access and Community Programming in accordance with the Franchise Agreement. XVII. 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, 1999. XVIII. AMENDMENTS TO AGREEMENT This Agreement may be amended upon the mutual agreement of SPNN and the City. All amendments shall be in writing and effective upon execution by duly qualified officers of SPNN and the City. 11 -- ��.y XIX. AGREEMENT WHOLE AND CONCLUSIVE The parties expressly state that this Agreement, 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 understandings outside of the Agreement are pertinent to SPNN's performance. No right or privilege is granted or conferred by the Agreement except those specifically prescribed herein. In accepting this contract SPNN aclmowledges that iis rights hereunder are subject to the lawful exercise of the police power of the Ciry to adopt and enforce general ordinances necessary to the safery and welfare of the public, and further that SPNN shall at all times comply with all applicable present and future laws, rules and regulations. XX. SIGNATURES IN WITNESS HEREOF, the parties have set their hands on the dates indicated. CITY OF OF SAINT PAUL Cable Access St. Paul, Inc. d.b.a. Norm Coleman, Mayor SAINT PAUL NEIGHBORHOOD NETWORK Date Its President Date Approved as to form: Assistant Ciry Attomey Date Director, Office of Financial Services Date 12 .�{S�� - Compliance Information, FY199$ Performance Agreem�nt between Cable Access — Saint Paul, Tnc. DB/A Saint Paul Neighborhood Network and the City of Saint Paul TASK I. Training 'I. SPNN shall conduct an introductory access orientation course. The course shall consist of public access television philosophy, SPNN policies and procedures, audience development, how to use public access, SPf�N course offerings, publicity and promotion, and tours of the studios, edit suites, access equipment and van. The introductory access orientatiQn course shall consist of at least three contact hours per class, and such classes will be held at least once per month. - Intro ciasses have been offiered the first Wednesday of each month, at no cost, meeting afi requirements. 2. Basic level courses in video production, including studio production, field production, and editing, shall be offered at least once every five weeks. - These classes have been of'rered more firequently than required. Specific dates have been advertised in the SPNN Newsfetter, in our access facility, through fiiers, and other means. 3. Intermediate levei courses in video production, including studio production, field production, and editing, shall be offered at least once every two months. - These ciasses have been offered more frequentiy than required. Specific dates have been advertised in the SPtd4V Newsfetter, in our access facility, through fiiers, and otfier means. 4. Advanced level courses in advanced video production techniques shall be offered at least once every two months. - These classes have been offered more frequentty than required. Specific dates have been advertised in the SPNN Newsletter, in aur access facility, through fliers, and other means. 5. SPNN will take an active role in recruiting access users for its classes. Ciass recruitment sha{t be inc{uded in at least 80% of alt promotion materials. - Wfiile a few specific outreach pieces, such as program advertisements, have not included promotional material, well over the 80% requirement has been met. 6. SPNN wiii provide at ieast fivo speciai training or orientation programs per year to meef special needs of locai institutions andJor organizations. - Examp{es of such programs inciude several schools, the YMCA, the University of Minnesota, the American Red Cross, Merrick Community Services and more. a�-�tso 7. SPNN will maintain a formal intemship program involving at least 10 students annualiy from the secondary and post secondary education communities in Saint Paui. - Utiiizing programs from the University of Minnesota, the Connecfions Program, CET sfudents and more, we have had over 20 such interns in the past year. 8. SPNN wiii manage the schedufing, registration, record keeping, production of materiais, evafuation, and other administrative tasks, inciuding quarterly reports, for al! of its educationa{ and training ac:ivities. Such reports shali include student evafuations of their trai�ing. - Quarteriy reports have included the statisticai information, but have not included full student evaluations, although such are collected. Summary information of evaluations have been included. SPNN would be happy to copy student evaluations for the City, although this would be hundreds of pieces. They are available for inspection at any time. Task li: Equipment and Faciliiies 1. SPNN will maintain inventory contsol 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 disposal and value received. - Significant progress has been made on 4he inventory, with complete information including serial numbers and make and model included for any $300 threshold item. We are still completing aCCUrate infarmation on condition. 2. SPNN shall maintain and repair Equipment in a time{y manner keeping record of maintenance and repair, a�d 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. - A maintenance report will be ready with the Annual report before the July due date. 3. SPNN witl implement and enforce policies for check out and use of Equipment and facifities, manage EquipmenUfacifities check out and use, and maintain a current tog of Equipment c4�eck out and use. SPNN facilities will be open at least 50 hours per week on at least six days per week except for the following holidays: New Yea�'s Day, Memorial Day (last Monday in May), Independence Day, Labor Day, Thanksgiving, Christmas Eve, and Christmas Day. - SPNN has exceeded the required hours, remaining open at least 54 hours each week and 60 hours more recently. 4. 5PNN will mainiain a log of complaints and responses regarding Equipment condition and use policies. The 1og shall be available at ali reasonable times for inspection by the City. - Comptaints and compliments are inctuded in the quarterfy reports. 5. SPNN will maintain insurance in an amount and form acceptable to the City on all Equipment and facilities managed by SPNN, naming the Designated Ent+ty as the insured and q�-�� the City as co-insured. A!I insurance documents sh2A be submitted to the City's Cable Communications Officer with the annual report and within thirty (30) days whenever amended. - fnsurance is current to specifications, policies issued by EfNC Undenvriters fhrough Buct�meier Insurance in Saint Paul. 6. SPNN will maintain facilities for training {as described in Task I), production, and administration of Access and Community Programming consistent with this Agreement. - All necessary facilities are maintained in fhe Union Depot Place. Task 111: Access and Community Programming Channet Time 1. SPNN shall maintain and enforce policies and procedures for allocating, reserving and using time on the desiqnated Access Channels. Such policies and afl subsequent policy changes shalf be submitted to the City's Cabie Communications Officer within thirty (30) days of a change. No program cablecast on an access channel shall violate federal, state, or local statutes. - Aii users sign a playback form acknowledging our process for playback times and in compliance with applicable law. 2. SPNN shalf be responsible for the playback of video, audio and text programming on the four designated Access channefs, one Govemment access channef, and one Community Programming channe! in accordance with SPNN's established policies and procedures. SPNN shall staff playback facilities to insure program p(ayback seven days per week and an average of twelve hours per day per channel, and a failure rate of no more than 5 percent of the total playback hours. - All channels are programmed 24 hours per day, seven days per week, with a failure rate of less than two percent. 3. SPNN will produce and provide Community Programming, including, but not limited to, local sports events, parades, social and political evenis consisting of an average ofi 20 hours per month. Such programming shalf include the City Council and Mayoral Inauguration, the Mayofs Sta#e-of-the-City Address, the Jr.— Sr. Royalty Pageant, the Truth-in-Taxation Nearing, 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. - Community production is averaging well over the requirements, with no month betow 20 hours, and including required productions with and for the City of Saint Paul. 4. SPNN shall not engage in commercial production activities with for-profit entities. - No such commercial production has occurred. 5. SPNN will provide a full-time Educationaf Access Coordinator to serve the educational access communify. Furthermore, SPNN wifl maintsin an active Educationa{ Access Committee comprised of representztives 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 Saint Paul. - SPNN has maintained a fu(1-time educafional access coordinator and has added a part-time assisfant. The Educational Access Committee has been meeting at least every two months, and usually more frequently. - — --� �ys° Task fV: Promotion of Access 1. SPNN shali develop a strateqic plan for the promofion of access and community programming and submit this plan to the City by October 31,_1997. Promotional activities detailed in Article Iil Section 6 of Appendix H shall be included in this plan. This plan shall include the following: Outreach siraiegies to increase membership, viewership, number of active program producers, and overall SPNN visibili:y. Community programming sfrategies, inciuding proposafs to collaborate with community organizations to provide re{evant programming for Saint Pau{. Such programming shoufd incfude broad geagraphic, cultural and interest appeai. Fundraising strategies, including underwriting, aid membership, and corporate/foundations support. A pubiicity plan which details outreach efforts to advertise programming and production opportunities. The plan shall also address issues raised by the 1997 Community Needs Assessment conducted by SPNN. SPNN shall report on the effectiveness of its plan and differeni promotional tactics as part of its Quarteriy and Annuai Reports. - The plan was submitted on time. Many aspects of the ptan have been met, and others are wetf under way. Such updates were not specifrcaify broken out in the quarteriy reports. This wifi be more ciearly delineated in the annuat report. 2. SPNN shall create and make available to the pubfic 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. - A new, professional brochure was completed this year, updating the information. This has been mailed to many individuais and organizations and dropped off at community locations. 3. SPNN shail provide information about Access and Communify Programming activities on a regular basis fot publication in Saint Paul community newspapers and other media at teast once a month. - Press releases containing such information are faxed at least biweekly. 4. SPNN shalt print, or arrange for printing, and distribute month4y schedules of programs cablecast on the designated Access Channels and Government Access Channel. At least 2,O�Q schedules shouid be distributed each month. - Our newsletter and program guide, which aiso contains training informaYion, is mailed to over 2,600 households each month. 5. SPNN shall provide or arrange for speakers to discuss Access and Community Programming activities and opportunities in Saint Paul. Such speaking opportunities shail be arranged upon request of a community organization or the City. - SPNN has visited many entities to explain our services, and hosted many more for tours. Examples include district councils, community nonpro�ts, churches, school groups, youth groups and more. �. S ° ---- �- 6. SPNN shall take advanfage of its own video produciion services and produce programs and PSAs which explain how to use SPNN services and describe to the community what is availabie at SPNN. These programs or PSAs shall be cabiecast at least five times per week. - SPNN regularly airs an "introduction to SPNN" program promoting ail aspects ofi the organization. Additional promotionai videos are in devefopmenfi. 7. SPNN shall activety promote a communify-based forum featuring Saint Paul organizations and issues and produce it twice a month. - The Sainf Paul Forum - Live on Tuesdays is aired live weekiy at 7:30 PM on Channel 35 with call-in from viewers. The program is repeated each day at 12:30 and 7:30 PM until following Tuesday. 8. SPNN shali hold open houses on a quarterly basis and invite the generai pubfic, schoois, local organizations and institutions. - Open houses were hefd in conjunction with our Annuaf Meeting, Kev Koom Siab programming, the Minnesota Book Awards, Educational Access programmi�g and more. Task V: Other Management Services 1. SPNN will provide in a timely manner notices and minutes of annual and special membership meetings and notices and minutes of all Board of Directors' meetings to the City's Cabfe Communications Officer. - Notices and materiais to the Board are copied to the Cable Communications Ofncer. 2. SPNN will maintain records of Equipmentlfacilities purchase, use, and mai�tenance; use of Access and Community Programming channel time; records of Access training; and complaints or disputes related to Access or Communify Programming. These records shall be avai�able at all reasonable times for review by the City. - All such materials are available. 3. The City sfial{ have the right to inspect SPNN's business rec�rds and copy them at no expense to the City. SPNN's business records shal4 be mainta+ned in conformance with this Agreement and shall be availab(e for inspection during regularly scheduled business hours or at such other time mufually agreed to by the City and SPNN. - All such maferials are availabie. 4. SPNN will prepare and submit to the City's Cabie Communications Officer a balanced annuai operating budget for the subsequeni year at leasi 60 days befiore the end ofi SPNN's fiscai year. Such budget shail be approved b.y the SPNN Soard of Direcfors and adhere to standard accounting and record keeping prac#ices. As part of its business operation, SPNN shail submit to the City's Cable Communications Officer monthly financial statements and shall, at its expense, confract for a year-end audit by a Certified Pubfic Accountant SPNN shail submit audited financial statements to the City's Cable Communications Officer 120 days after year end. The report shail include a statement of the audito�s verification of compiiance with the provisions of Tasks I- V contained herein, and any exceptions noted. SPNN shall submit a qg-�sa plan tor corrective action, if exceptions are significant. - Such a balarsced budget was submitted in February of th"ss year. Financia{ statements have been submitted by a CPA. SPNN's year-end audit was detayed until August in 1997. 7his delay was due to administrative tum-over at SPNN, which delayed the RFP process for audit bids until the new ExecuYive Qirector wras hired and began work in May. The Cable Communications Otficer was appraised of this delay, and the �na! audit was com�leted shortly after the required deadline. The audit process for Fiscat Year 1998 has already begun and should be compteted in June, wel( ahead of the required date. 5. SPNN will provide copies of budget vs. actual expenditures to the City's Cable Communications Oificer 90 days after fiscal year end. - This requirement was delayed with the audit last year. Such information will be availabie for FY38 before the deadline. 6. Any circumstances that cause or could cause SPNN to experience meaningful financiai difficulty or otherwise represent a significant unplanned reduction in revenues or increase in expenditures or fosses shail be reported to the City's Cable Communications Officer within seven (7) days of discovering the matter and ongoing corrective action shalf be periodicaily repo�ted to the City's Cable Communications Officer. - tdo such instances occurred, a4though two budget amendments with no negative efFect were passed and each was included in the Board packet forwarded to the Cable Communications Officer. 7. All paid positions, including that of the Executive Director, shall be subject to a fair and open hiring process. SPNN shall comply with or exceed all federal, state, and local laws and regulations relating to equal employment opportunity. SPNN will submit to the City's Cable Communications OfiFcerfior review, any revisions to its staffng plan, outlining its proposed personnel commitments to fulfill the tasks in this Agreement; including training, general access, educationa{ access, program playback, Community Programming production, and volunteer and staff development. - Newspaper ads, facsimile and other methods publicized all h+ring during this year. All applicable 4aws were followed, including SPNN's own Aff'srmative Action policies. Staif gender batance, for example, has impsoved during this year. 8. SPNN will prepare and submit four quarterly reports and an annual year end report to the City's Cable Communications Ofricer 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 July 15. - Such reports have been timely submitted. 9, SPNN shalt submit to the City's Cabie Communications Officer a report on the Board of Dicectors nomination process. The process shal{ be committed to recruitment o4 individuals sepresenting diverse communities of interest and relevant business and professional experience. Within 30 days following its Annual Meeting, SPNtV shal! report to the City's Cable Communications Officer the Board of Directors e(ection results. The report shall include a complete Board roster (including appointed members) and a brief biography of each. - A q�'-ySo report on new nominations will be inc3uded within 30 days of our annuai meeting. F2oster and biography inform�tion for each current member has been provided. 1 �. SPNN's Annual Report shall 6e submitted to the City's Cabfe Communications Officer on or before July 15, and shall contain at least the following information: Membership statistics at year end; including number of inembers under each membership category. Programming statistics on a per-channel basis fior the past fiscai year, inciuding: number of hours and programs of first-run local programming, number of hours and programs of fiirst-run outside programming, total hours ofi programming cabiecast by week, and cabiecast faiiure rate. A list of alf 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, 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 the coming year and results of the prior year plan Community Programming pian for the coming year and results of the prior year plan A list of any Equipment disposed of during the past fiscal year, including description of item, how disposed ofi, and any compensation received for the Equipmeni Current Equipment inventory, and repiacemenUacquisition plan Current insurance documents Updated business plan, inc{uding fundraising initiatives and other p{ans to generate revenue Current mission statement Current list of Board of Directors with short biographies Current list of staff members and organizationai chart Current employee policies Current access user and channel policies Current membership categories, prices, and benefits Tar�eted Vendors SPNN has used durins the contract vear and total dollars SPNN s�ent with Tar�eted Vendors. The annual report should be complete and on time for FY98. The FY97 report was not fiuily complete, and the Cable Communications Officer was advised and agreed to an extension for the audit portion of the report. The FY97 report was compteted i� whofe in August. 11. SPNN shafi devefop a business plan and present it to the City by December 31, 1997 which addresses how SPNN will operate in 1998 and 1999 under at least the following three scenarios: a) funding from the cable operator remains relatively unchanged under a renewed franchise ; b) funding from the cable operator is approximately half the current amount under a renewed franchise; and c) funding from the cabie operator ceases under a renewed franchise. The business plan shail, at a minimum, address how PEG access and Community Programming wouid be affected under each of fhese scenarios, how facilities and equipment purchases would be affected under each of these scenarios, and identify possible revenue sources, spending categories, and courses of action. - Such a business plan was timely submitted. — -- q� - c{s o �1. HUMAN R{GHTS ORDINANCE SPNN agrees to be bound by Chapter 183 of Saint Paut Legislative Code. VI. TARGETED VENDOR DEVELOPMENT PROGRAM The City has a goal of assisting economically disadvantaged businesses to participate in public contracts through its Targeted Vendor Development Program, which is addressed in Chapter 8� of the Saint Paul Adminisirative Code. The City reguires SPNN to make a good faith ef(art to purchase goods, supplies, and services from Targeted Vendors certified with the City during this contract period. - SPiVN witl provide a fufi report with the Annual Report for Fiscal Year 1998, but to date has had slow progress in this area as SPNN does not require much outside purchasing or services, and there are limited vendors selling larger dolfar items, such as video equipment. VII. OFFICIALS DES(GNATED — SPNN SPNN designates its Executive Director as the person to be contacted by the City regarding this Agreement. The Board of Directors of SPNN shall be the final authority in any SPNN policy determinations. VII-V{ti Designations have not changed. VIII. OFFIC{ALS DESiGNATED — CfTY 7he City designates the Cable Commu�ications Officer of the Technology and Management Services Department as the person to be contacted by SPNN regarding this Agreement. IX. GRANT For SPNN's faithfui performance ofi the services set forth in ihis coniract, ihe City agrees to direct the Cable Company to pay the operating payment to SPNN according to Saint Paul Legislative Code Appendix H, Article il{, Section 6k (ii). In addition, the City wili pay SPNN a total of $8,500 annualfy for the provision of agreed promotion and piayback services. Tfie City, upon the recommendation of the Cable Communications O�cer, aiso 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 public benefd pursuant to Saint Paul Legislative Code Appendix H, Article III, Section 6d. Shoufd the City decide to withhold one or more payments for noncompliance as �� -USa deiermined in section Il, the City shall send a wriYen notice to SPNN at least fourteen working days in advance containing ihe fioflowing information: Amount being withhefd Specific reasons for withholding payment; Corrective actions requesfed; Identifcation of dates by which corrective action is to bs completed. X. SEVERAB(LITY In the event any Qrovision of this Agreement is deemed unconstitutional, illega( 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 shalf constitute a fuil and compiete Agreement between the parties. XI. SUBCONTRACTING SPNN 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 withheid. - SPNN has not subcontracted any portion of this agreement. SPNN has made limited use of contract employees in its mission, but none were responsible for any section of this agreement. Xil. TERMINATION The City and SPNN reserve the right to terminate this Agreement or SPNN's seiection as the Designated Entity without cause ot penafty on sixty days written notice. Notwithstanding any provision contained in this Agreement to the contrary, SPNN shalf be entitied to pay its expenses incurred in the normai course of its business unti{ such time as it is obligated to effect the below-referenced transfer. XIII. CONDITfONS OF DISSOLUTION Subject to SPNN's right to pay its normai 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 SPNN, any unspent or unobligated funds of current or past annual Operating Payments shaii be paid to any other Designated Entity, within 90 days of notifiration of realiocation or dissolution. SPNN shali immediately release control of all equipment and materials to the City, excepting those items which are identified in the books and records of SPNN as purchased with funds other than those received from the Cable Company. - SPNN remains active and all relevant documents and materials are in its care. ��'`tS� XIV. DISPOSfTfON OF DOCUNENTS(MATERIALS in the event that the City transfers responsibility to ano#her Designated Entity, or in the event of the dissolution of SPNN, SPNN sha41 provide the City with copies of al! SPNN 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-fo-day opsratior�s of access; operating policies and procedures. This requirement sha{I not inciude any SPNN membership lists. XV. COMPLAINTS SPNN may, at any time, file in writing with the Office of Cabie Communications, compiaints conceming the operation of the cable system that have a bearing on SPNN's performance under this Agreement. 7he Cable Communications OfiFicer shaii investigate the complaints pursuant to Saint Paul Legislative Code §430.034. - SPNN has filed no complaints with the City regarding the operation of the cab{e system. XVI. CONTINGENT FUNDING Continued performance of this Agreement by the City is contingent upon continued funding of Access and Community Pcogramming in accordance with Appendix H of the Saint Paul Legislative Code. XVII. TERM OF AGREEMENT This Agreement shaH commence on the date the Council resofution approving this document goes into effect and shafi temain in effect untif June 30, 1998. - No changes have been made to the term. SPNN agrees to an eariier ratification of the next performance agreement, ending this term early, should the city so desire. XVIII. AMENDMENTS TO AGREEMENT This Agreement may be amended upon the mutual agreement of SPNN and the City. Aii amendments shall be in writing and effective upon execution by duly qualified ofFicers of SPNN and the City. _ - iy - council File # � � S� Green Sheet # ? jg� Presented By Referred To 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RESOLUTION CITY OF SA{NT PAUL, MiNNESOTA Committee: Date WFIEREAS, the cable franchise agreement with Continental Cablevision of Saint Paul, Inc. provides that the City may designate a non-profit entity (hereinafter the "Designated Entity") or entities to manage public and educational access and communiTy programming on the local cable television system; and WFTEREAS, a contract for services between the City of Saint Paul and the Cable Access Saint Paul, Inc., d.b.a Saint Paul I3eighborhood Network, (SPNN) which outlines the duties, responsibilities and obligations of the parties with respect to the provision of goods and services for public, educational and governmental access, and community programming by the Designated Entiry has been in effect and wi11 expire on June 30, 1998; and WI�ItEAS, the City has determined that Cable Access Saint Paul, Inc, d.b.a. Saint Paul Neighborhood, has performed its duties as Designated Entity in a manner satisfactory to the City; and WIIEREAS, the proposed new contract contains changes to reflect the City's new franchise agreement with Continenta] Cablevision of Saint Paul, (C.F. 98-234); NOW TF�REFORE BE IT RESOLVED that SPNN is hereby designated the City's Designated Entity for the purposes of the cable franchise; and FURTHER RESOLVED, that t1�e proper city officials are hereby authorized to execute the Performance Agreement between Cable Access - St. Paul, Inc., d,b.a. St. Paul Neighborhood Network and the City of Saint Paul, a copy of which is a4tached hereto and incorporated herein by reference. - - - �- - r .�. i , . V �..t�t4� u1._ - � ��' � - ; . ,-. e. �. �� Byc By: Adopted by Council: Date _!��1�ti�_�� 1y l0 Adoption Certified by Covncil Secre � 1' DepartmeMlofficelcounci{: Date Initiated Green Sheet No. 38000 q�'ys� Technology & Management Svcs. 5/19(48 Confact�Persofi 8 Phone:� � j' � � � �nfi dat� Inifiautlare Holly Hansen 266-8875 '�/ � pgPy�ent D �� c�a cA��a Must Be on Cauncil Agenda by (Date) Ass�9� Z City Attomey __� City Clerk NUmber �Financial Serv u. � Financial SerV/accta 5 ' � g FOr �Mayor (Or Asst)� —Civil Se[vice Commission ROUting Order Total # of Signature Pages .�_ (Clip Ali Locations for Signature) Action Requested: Approve renewal of the City's contract with Saint Paul Neighborhood Network (SPIVI� for the provision of public, educational, and government access services and community programm;ng. Recommendations: Approve (A) or Rejed (R) Personal Service Contrects Must Answer the Following Questions: 1. Has this person/firm ever worked under a contrad for this department? Planning Commission Yes No CIB Committee 2. Has this person/firtn ever been a city employee? Civil Service Commission Yes No 3. Does ihis person/firtri possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on sepa2te sheet and aHach to green sheet Initiating Problem, Issue, Opportunity (Who, What, When, Where, Why): The City's current contract with SPNN will expire 6/30/98. Advantages If Approved: Current contract services will not be interrupted and SPNN will remain accountable for contract performance regarding Public, Educational, and Government (PEG) access services and community programming. DisadvanWges If Approved: None DisadvanWges If Not Approved: There would be no "designated entity" to provide PEG access services and community programming. These services, including playback of City Channel 18, would be disrupted as there would be no "designated entity" in accordance with the City's cable television franchise. Total Amount ot Transaction: $ g,5�� CostfRevenue Budgeted: Yes Funding Source: 166 � Activity Number: 37121 Financial Information: (E�cplain) - -__—°C�'qsa 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 Ciry of Saint Paul, Minnesota, a Minnesota municipal corporation hereinafrer referred to as "City", and Cable Access — St. Paul, Inc., a Minnesota non-profit corporation, d.b.a. Saint Paul Neighborhood Network, hereafrer referred to as " SPNN". Contents of This Document I. II. III. N. V. �. VII. VIII. IX. X. XI XII xni. xiv. XV. XVI. XVII. XVIII. XIX. XX. DEFINITIONS ............................................. 2 SERVICES............................................... 3 EVALUATION ............................................. 8 EQUIPMENT OWNERSHIP .................................... 8 STATUS OF EMPLOYEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 HUMAN RIGHTS ORDINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 VENDOR OUTREACH PROGRAM ............................. 9 OFFICIALS DESIGNATED SPNN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 OFFICIALS DESIGNATED — CITY .............................. 9 GRANT.................................................. 9 SEVERABILITY ........................................... 10 5UBCONTRACTING ........................•---............ 10 TERMINATION ........................................... 10 CONDITIONS OF DISSOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 DISPOSITION OF DOCUMENTS/MATERIALS . . . . . . . . . . . . . . . . . . . . . . 10 COMPLAINTS ............................................ 11 CONTINGENT FUNDING .................................... ll TERM OF AGREEMENT ..................................... il AMENDMENTS TO AGREEMENT .............................. 11 AGREEMENT WHOLE AND CONCLUSNE ....................... 12 SIGNATURES ............................................ 12 1 - ------- �- 4sa WITNESSETH: It is mutually agreed by and between the Ciry and SPNN as follows: DEFINITIONS For purpose of this Agreement: "Access" 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 basfs. "Access Channels" shall mean those 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 Ciry. "Access Programming" sha11 mean prograznming under the editorial control of access users. "Access Users" shall mean those members of the communiry who create and/or present prograznming 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. assigns. "Cable Company" shall mean Continental Cablevision of Saint Paul, Inc., its successors and "Community Programming" shall mean programming under the editorial control of SPNN. "Designated Entiry" shall mean a non-profit entity or entities designated by the City and further defined by the Franchise Agreement. "Fquipment" shall mean any durable goods purchases made with funds provided by the Cable Company. "Franchise AgreemenY' shall mean C.F.t{ 98-234, the renewal franchise granted to Continemal Cablevision of Sain[ Paul, Inc. by the Ciry of Saint Paul and any subsequent amendments approved by the Saint Paul Ciry CouncIl. Ea �$'ys° 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 promotionai services to support Access and Community Programming in accordance with tlris cornract and the Franchise Agreement. TASK I. Training l. SPNN shall conduct an inuoductory 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 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 courses in advanced video pcoduction teckuriques shall be offered at least once every two months. 5. SPNN will take an active role in recruiting access users for its classes. Class recruitment shall be included in at least 80% of all promotion materials. 6. SPNN will provide at least two special training ar orientation programs per year to meet special needs of local insututions and/or organizations. 7. SPNN will maintain a formal internship program involving at least 10 students annually from the secondary and post secondary education communities in Saint Paul. 8. SPNN will manage the scheduling, registration, record keeping, production of materials, evaluation, and other admuustrative tasks, including quarteriy reports, for all of its educaflonal and training activities. Such reports shall inctude student evaluations of their training. Task II: Equipment and Facilities 1. SPNN will maintain inventory control and records oP 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 disposal and value received. ��-ys�o 2. 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 City's Cable Communications Officer with each annual report. 3. SPNN will impiement and enforce policies for check out and use of Equipment and facilities, manage Equipmendfacilifies check out and use, and maintain a current log of Fquipment 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 following holidays: New Year's Day, Memorial Day (last Monday in May), Independence Day, Labor Day, Thanksgiving, Christmas Eve, and Chrishnas Day. 4. SPNN wIll maintain a 1og of complainis and responses regazding Equipment condition and use policies. The log shall be available at all reasonable times for inspection by the Ciry. 5. SPNN will maintam insurance in an amount and form acceptable to the City on all Equipment and facilities mauaged by SPNN, namnig the Designated Entity as the insured and the City as co- insured. All insurance documents shall be submitted to the City's Cable Communications Officer with the annual report and within thiriy (30) days whenever amended. 6. SPNN will maintain facilities for trauring (as described in Task n, production, and administration of Access and Community Progratmning consistent with this Agreement. Task III: Access and Community Programming Channel Tune 1. SPNN shall maintain and enforce policies and procedures far 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 O�cer within thirty (30) days of a change. No program cablecast on an access channel shall violate federal, state, or local statutes. 2. SPNN shall be responsible for the playback of video, audio and text progrunming on the four designated Access channels, one Government access channei, and one Communiry 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 of twelve hours per day per channel, and a failure rate of no more than 5 percent of the total playback hours. 3. SPNN wi11 produce and provide Community Programming, including, but not limited to, local sports events, parades, social and political events consisting of an average of 2Q hours pex month. Such prograimning shall include the City Commcil and Mayoral Inauguration, the Mayor's State-of-ffie-City Address, the Jr — Sr. Royalry Pageant, the Truth-in Tasation 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 ciry government related prograuuning. SPNN shail not engage in commercial pxoduction activities witki for-profit entities. 5. SPNN wili provide a full-time Fducational Access Coordinator to serve the educational access communiry. Furthermore, SPNN wili maintain an acrive Fducational Access Commiuee comprised of 0 ---�� 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 comtnunity in Saint Paul. Task IV: Promorion of Access 1. SPNN shall report on the results of its strategic plan by October 31, 1498. The report shall include the following and any revisions to the October 31, 1997 plan. • Ouueach suategies to increase and retain membership, viewership, number of acuve program producers, and overall SPNN visibility. • Communiry programming strategies, including proposals to coRaborate with community organizauons to provide relevant programming for Saint Paul. Such programming should include broad geographic, cultural and interest appeal. • Fundraising strategies, including underwriting, aid membership, and corporate/foundations support. • A publicity plan which details outreach efforts to advertise progranuning and production opportunities. The plan shall aiso address issues raised by the 1997 Community Needs Assessment conducted by SPNN. SPNN shall report on the effectiveness of its plan and differern promotional tactics as part of its Quarterly and Annual Reports. 2. SPNN shall create and make available to the public at least one printed document describing the Access and Communiry Programming resources available in the City of Saint Paul and how citizens of Saint Paul may make use of the described resources. 3. SPNN shall provide information about Access and Community Programming activities on a regular basis for publication in Saint Paul communiry newspapers and other media at least once a month. 4. SPNN shall print, or anange 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. 5. SPNN shall provide or arrange for speakers to discuss Access and Communiry Progranuning acfivities and opportunities in Saint Paul. Such speaking opportunities shall be arranged upon request of a communiry organization or the City. 6. SPNN shall take advantage of its own video groduction services and groduce prograsns and PSAs wtuch explain how to use SPNN services and describe to the community what is available at SPNN. These prograzns or PSAs shall be cablecast at least five times per week. 7. SPNN shall actively promote a community-based forum featuring Saim Paul organizations and issues and produce it twice a month. q�-�Sa 8. SPNN shall hold open houses on a quarterly basis and invite the general public, schools, local organi�ztions and instimrions. Task V: Other Management Services 1. SPNN wffi provide in a timely manner notices and minutes of annual and special membership meetings and notices and minutes of all Boazd of Directors' meetings to the City's Cable Communications Officer. 2. SPNN will maimain records of Equipment/facilities purchase, use, and maintenance; use of Access and Community Programming channel time; records of Access trainnig; and complaints or disputes related to Access or Community Programming. These records shall be available at all reasonable times for review by the City. 3. The Ciry shall have the right to inspect SPNN's business records and copy them at no expense to the City. SPNN's business records shall be maintained in conformance wiYh this Agreement and shall be available for inspecuon during regulazly scheduled business hours or at such other time mutually agreed to by the City and SPNN. 4. 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 SPNN's fiscal year. Such budget shail be approved by the SPNN Board of Directors and adhere to standud accounting and record keeping practices. As part of its business operation, SPNN shall submit to the City's Cable Communications Officer mornhly fmancial statements and shall, at its expense, conuact for a year-end audit by a Certified Public Accountant. SPNN shall submit audited fmancial statements to the City's Cable Communications O�cer 120 days afrer year end. The report sha11 include a statement of the auditor's verification of compliance with the provisions of Tasks I- V contained herein, and any excepuons noted. SPNN shall submit a plan for corrective action, if exceptions are significant. 5. SPNN will provide copies of budget vs. actual expenditures to the City's Cable Communications Officer 40 days after fiscal yeaz end. 6. Any ciicumstances that cause or could cause SPNN to experience meaningful fmancial difficulty or otherwise 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 shall be periodically reported to the City's Cable Communications Officer. 7. All paid positions, including that of the Executive Director, shall be subject to a fair and open hiring process. SPNN shall comply with or exceed all federal, state, and local laws and regulations relating to equal employment opportunity. SPNN will submit to the City's Cable Communications Officer for review, any revisions to its staffing plan, outlining its proposed personnel commihnents to fulfill the tasks in this Agreement; including training, general access, educational access, program playback, Community Programming producdon, and volunteer and staff development. 0 - -� ' �- 0 8. SPNN will prepare and submit four quarterly reports and an annual yeaz end report to the City's Cabie Communicafions Officez on the activities and tasks enumerated in this agreement. Reports shall be based on SPNN's fiscal yeaz and submitted on September 15, December 15, Mazch 15, and June 15. The P.nnual Report shall be submitted on 3uly 15. 9. SPNN shall submit to the City's Cable Communicarions Officer a report on the Board of Direetors nomination process. The process shali be committed to recruitment of individuals representing diverse communifies of interest and relevant business and professional experience. Within 30 days following its Annual Meeting, SPNN st�all report to the City's Cable Communicarions Officer the Board of Direetors election results. The report shall include a complete Boazd roster (including appointed members) and a brief biography of each. 10. SPNN's Annual Report shali be submitted to the Ciry's Cable Communications Officer on or before July 15 and shall contain at least the following information: ♦ Membership statistics at year end; including number 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 fust-run local programming, number of hours and programs of first-run outside programming, total hours of programming cabiecast by week, and cablecast failure rate. ♦ A list of all complaints received during the past fiscal yeaz and how and when they were resolved ♦ Training statistics for public and educational access for the past fiscal year, including course schedules, attendance, recruiting efforts, ete., as described in Task I. ♦ Public access training plan for the coming year and results of the pzior year plan ♦ Educational access plan for the coming year and results of the prior year plan ♦ Community Programming plan for the coming year and results of the prior yeu plan ♦ A list of any Equipmetit disposed of during the past fiscal yeaz, including description of item, how disposed of, and any compensation received for the Equipment ♦ Current Equipment inventory, and replacememlacquisition plan ♦ Current insurance documents ♦ Updated business plan, including fundraising initiatives and other plans to generate revenue ♦ Current mission statement ♦ Current list of Board of Directors with short biographies ♦ Current list oF staff members and organizational chart ♦ Current employee policies ♦ Current access user and charuiel policies ♦ Current membership categories, prices, and benefits ♦ Vendors identified in Saint Paul Administrative Code 84.06 SPNI�i has used during the contract year, and total dollars SPNN spent with such Vendors. fll ___q�_y 5° II. EVALUATION SPNN agrees that an evaluation of iu performance under this Agreement, including an on-site inspection, may be performed quarterly as determined by the Ciry's Cable Communications Officer and following receipt of the Annual Report. The Ciry's Cable Communications Officer may conduct an in- person evaluarion session with the SPNN Board of Duectors 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 Ciry find any instances of noncompliance after a review, the Cable Communications Officer shall transmit in writing a description of the areas of noncompliance to SPNN within 30 days. SPNN shall respond to such norices within 15 working days of receipt in writing, detailing corrective acuons to be taken. III. EQUIPMENT OWNERSHIP SPNN agrees that everything purchased with funds provided by the Cable Company is the sole property of the Designated Entiry with no right, title, or interest therein vesting in SPNN. During such tnne as SPNN, its successars and assigns, is acting as the Designated Entity, it is understood that SPNN is oniy the temporary custodian of such property and that SPNN has no right� of ownership with respect to such property. SPNN may not dispose of or otherwise use said property so as to enrich SPNN or to deprive any furure 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 accrue to the Designated Entity only. SPNN shall 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. Ciry agrees that everything purchased with funds other than those provided by the Cable Comgany is the sole property of SPNN with no right, title, 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 City and are entitled to none of the rights, privIleges, and bene�ts granted regular City employees. V. HUMAN RIGHTS ORDINANCE SPNN agrees to be bound by Chapter 183 of Saint Paul l.egislarive Code. --__c{�-!�s° VI. VENDOR DEVELOPMBNT OUTREACH PROGRAM The City has a goal of assisting economically disadvantaged businesses to participate in public contracts through its Vendor Development Outreach Program, which is addressed in Chapter 84 of the Saint Paul Administrarive Code. The Ciry 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. OFFICIAI.S DESIGNATED — SPNN SPNN designates its Executive Director as the person to be contacted by the Ciry regarding this Agreement. The Boazd of Directors of SPNN shall be the fmal authority in any SPNN policy detemunations. VIIL OFFICIALS DESIGNATED — CITY The City designates the Cable Communications Officer of the Technology and Management Services Department as the person to be contacted by 5PNN regarding this Agreement. IX. GRANT For SPNN's faithful perforxnance of the services set forth in this contract and provided that SPNN has a valid and binding contract with Continental Cablevision of Saint Paul, Inc. to provide PEG services, the City agrees to direct the Cable Company to make the payments to SPNN according to Section 304 of the Franchise Agreement. In addition, the City will pay SPNN a total of $8,500 annually for the provision of agreed promotion and playback services. The City, upon the recommendation of the Cable Comnnunications O�cer, also reserves the right to witlahold 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 public benefit pursuant to the Franchise Agreement, Section 304. 5hould the Ciry decide to withhold one or more payments for noncompliance as determined in Section II of this Agreement, the Ciry 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 payment; Corrective actions requested; Identification of dates by which corrective action is to be completed. L� ---a�-�s� 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 shall consritute a full and complete Agre�ment between the parties. XI. Si3BCONTRACTING SPNN may not subcontraet portions of this Agreement until written approval is received from the Ciry's Cable Communicarions Officer; such approval shall not be unreasonably withheld. XII. TERMINATION The City and SPNN reserve the right to terminate this Agreement ox SPNN's selection as the Designated Enuty without cause or penalty on sixry days wrirten notice. Notwithstanding any provision contained in this Agreement to the contrary, SPNN shall be entided to pay its expenses incuned in the normal course of its business until such time as it is obligated to effect the below-referenced transfer. XIII. CONDITIONS OF DISSOLUTION Subject to SPNN's right to pay its normal operating expenses, as set forth above, in the event that the Ciry transfers responsibilities to another Designated Entiry, or in the event of the dissolution of SPNN, any unspent or unobligated funds received from the cable company as the Designated Entiry, shall be paid to any other Designated Entiry, within 90 days of notiFication of reallocation or dissolution. SPNN shall immediately release control of all equipment and materials to the Ciry, excepting those items which are identified in the books and records of SPNN as purchased with funds other than those received from the Cable Company. XIV. DISPOSITION OF DOCLTMENTS/MATERIALS In the evem that the Ciry uansfers responsibiliry 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 not lunited to lists of trained and certified access users and their respective levels of training and certifica6on; fornis necessary to the day-to-day operations of access; operating policies and procedures. This requirement shall not include any SPNN membership lists. 10 _ - _ _�I��a XV. COMPLAINTS SPNN may, at any time, file in writing with the Office of Cable Communicarions, complainu concerning the operation of the cable system that have a bearing on SPNN's performance under this Agreement. Tlie Cable Communications Officer shall investigate the complaints pursuant to Saint Paul Legislative Code §430.034. XVI. CONTINGENT FUNDING Continued performance of this Agreement by the City is contingent upon continued funding of Access and Community Programming in accordance with the Franchise Agreement. XVII. 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, 1999. XVIII. AMENDMENTS TO AGREEMENT This Agreement may be amended upon the mutual agreement of SPNN and the City. All amendments shall be in writing and effective upon execution by duly qualified officers of SPNN and the City. 11 -- ��.y XIX. AGREEMENT WHOLE AND CONCLUSIVE The parties expressly state that this Agreement, 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 understandings outside of the Agreement are pertinent to SPNN's performance. No right or privilege is granted or conferred by the Agreement except those specifically prescribed herein. In accepting this contract SPNN aclmowledges that iis rights hereunder are subject to the lawful exercise of the police power of the Ciry to adopt and enforce general ordinances necessary to the safery and welfare of the public, and further that SPNN shall at all times comply with all applicable present and future laws, rules and regulations. XX. SIGNATURES IN WITNESS HEREOF, the parties have set their hands on the dates indicated. CITY OF OF SAINT PAUL Cable Access St. Paul, Inc. d.b.a. Norm Coleman, Mayor SAINT PAUL NEIGHBORHOOD NETWORK Date Its President Date Approved as to form: Assistant Ciry Attomey Date Director, Office of Financial Services Date 12 .�{S�� - Compliance Information, FY199$ Performance Agreem�nt between Cable Access — Saint Paul, Tnc. DB/A Saint Paul Neighborhood Network and the City of Saint Paul TASK I. Training 'I. SPNN shall conduct an introductory access orientation course. The course shall consist of public access television philosophy, SPNN policies and procedures, audience development, how to use public access, SPf�N course offerings, publicity and promotion, and tours of the studios, edit suites, access equipment and van. The introductory access orientatiQn course shall consist of at least three contact hours per class, and such classes will be held at least once per month. - Intro ciasses have been offiered the first Wednesday of each month, at no cost, meeting afi requirements. 2. Basic level courses in video production, including studio production, field production, and editing, shall be offered at least once every five weeks. - These classes have been of'rered more firequently than required. Specific dates have been advertised in the SPNN Newsfetter, in our access facility, through fiiers, and other means. 3. Intermediate levei courses in video production, including studio production, field production, and editing, shall be offered at least once every two months. - These ciasses have been offered more frequentiy than required. Specific dates have been advertised in the SPtd4V Newsfetter, in our access facility, through fiiers, and otfier means. 4. Advanced level courses in advanced video production techniques shall be offered at least once every two months. - These classes have been offered more frequentty than required. Specific dates have been advertised in the SPNN Newsletter, in aur access facility, through fliers, and other means. 5. SPNN will take an active role in recruiting access users for its classes. Ciass recruitment sha{t be inc{uded in at least 80% of alt promotion materials. - Wfiile a few specific outreach pieces, such as program advertisements, have not included promotional material, well over the 80% requirement has been met. 6. SPNN wiii provide at ieast fivo speciai training or orientation programs per year to meef special needs of locai institutions andJor organizations. - Examp{es of such programs inciude several schools, the YMCA, the University of Minnesota, the American Red Cross, Merrick Community Services and more. a�-�tso 7. SPNN will maintain a formal intemship program involving at least 10 students annualiy from the secondary and post secondary education communities in Saint Paui. - Utiiizing programs from the University of Minnesota, the Connecfions Program, CET sfudents and more, we have had over 20 such interns in the past year. 8. SPNN wiii manage the schedufing, registration, record keeping, production of materiais, evafuation, and other administrative tasks, inciuding quarterly reports, for al! of its educationa{ and training ac:ivities. Such reports shali include student evafuations of their trai�ing. - Quarteriy reports have included the statisticai information, but have not included full student evaluations, although such are collected. Summary information of evaluations have been included. SPNN would be happy to copy student evaluations for the City, although this would be hundreds of pieces. They are available for inspection at any time. Task li: Equipment and Faciliiies 1. SPNN will maintain inventory contsol 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 disposal and value received. - Significant progress has been made on 4he inventory, with complete information including serial numbers and make and model included for any $300 threshold item. We are still completing aCCUrate infarmation on condition. 2. SPNN shall maintain and repair Equipment in a time{y manner keeping record of maintenance and repair, a�d 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. - A maintenance report will be ready with the Annual report before the July due date. 3. SPNN witl implement and enforce policies for check out and use of Equipment and facifities, manage EquipmenUfacifities check out and use, and maintain a current tog of Equipment c4�eck out and use. SPNN facilities will be open at least 50 hours per week on at least six days per week except for the following holidays: New Yea�'s Day, Memorial Day (last Monday in May), Independence Day, Labor Day, Thanksgiving, Christmas Eve, and Christmas Day. - SPNN has exceeded the required hours, remaining open at least 54 hours each week and 60 hours more recently. 4. 5PNN will mainiain a log of complaints and responses regarding Equipment condition and use policies. The 1og shall be available at ali reasonable times for inspection by the City. - Comptaints and compliments are inctuded in the quarterfy reports. 5. SPNN will maintain insurance in an amount and form acceptable to the City on all Equipment and facilities managed by SPNN, naming the Designated Ent+ty as the insured and q�-�� the City as co-insured. A!I insurance documents sh2A be submitted to the City's Cable Communications Officer with the annual report and within thirty (30) days whenever amended. - fnsurance is current to specifications, policies issued by EfNC Undenvriters fhrough Buct�meier Insurance in Saint Paul. 6. SPNN will maintain facilities for training {as described in Task I), production, and administration of Access and Community Programming consistent with this Agreement. - All necessary facilities are maintained in fhe Union Depot Place. Task 111: Access and Community Programming Channet Time 1. SPNN shall maintain and enforce policies and procedures for allocating, reserving and using time on the desiqnated Access Channels. Such policies and afl subsequent policy changes shalf be submitted to the City's Cabie Communications Officer within thirty (30) days of a change. No program cablecast on an access channel shall violate federal, state, or local statutes. - Aii users sign a playback form acknowledging our process for playback times and in compliance with applicable law. 2. SPNN shalf be responsible for the playback of video, audio and text programming on the four designated Access channefs, one Govemment access channef, and one Community Programming channe! in accordance with SPNN's established policies and procedures. SPNN shall staff playback facilities to insure program p(ayback seven days per week and an average of twelve hours per day per channel, and a failure rate of no more than 5 percent of the total playback hours. - All channels are programmed 24 hours per day, seven days per week, with a failure rate of less than two percent. 3. SPNN will produce and provide Community Programming, including, but not limited to, local sports events, parades, social and political evenis consisting of an average ofi 20 hours per month. Such programming shalf include the City Council and Mayoral Inauguration, the Mayofs Sta#e-of-the-City Address, the Jr.— Sr. Royalty Pageant, the Truth-in-Taxation Nearing, 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. - Community production is averaging well over the requirements, with no month betow 20 hours, and including required productions with and for the City of Saint Paul. 4. SPNN shall not engage in commercial production activities with for-profit entities. - No such commercial production has occurred. 5. SPNN will provide a full-time Educationaf Access Coordinator to serve the educational access communify. Furthermore, SPNN wifl maintsin an active Educationa{ Access Committee comprised of representztives 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 Saint Paul. - SPNN has maintained a fu(1-time educafional access coordinator and has added a part-time assisfant. The Educational Access Committee has been meeting at least every two months, and usually more frequently. - — --� �ys° Task fV: Promotion of Access 1. SPNN shali develop a strateqic plan for the promofion of access and community programming and submit this plan to the City by October 31,_1997. Promotional activities detailed in Article Iil Section 6 of Appendix H shall be included in this plan. This plan shall include the following: Outreach siraiegies to increase membership, viewership, number of active program producers, and overall SPNN visibili:y. Community programming sfrategies, inciuding proposafs to collaborate with community organizations to provide re{evant programming for Saint Pau{. Such programming shoufd incfude broad geagraphic, cultural and interest appeai. Fundraising strategies, including underwriting, aid membership, and corporate/foundations support. A pubiicity plan which details outreach efforts to advertise programming and production opportunities. The plan shall also address issues raised by the 1997 Community Needs Assessment conducted by SPNN. SPNN shall report on the effectiveness of its plan and differeni promotional tactics as part of its Quarteriy and Annuai Reports. - The plan was submitted on time. Many aspects of the ptan have been met, and others are wetf under way. Such updates were not specifrcaify broken out in the quarteriy reports. This wifi be more ciearly delineated in the annuat report. 2. SPNN shall create and make available to the pubfic 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. - A new, professional brochure was completed this year, updating the information. This has been mailed to many individuais and organizations and dropped off at community locations. 3. SPNN shail provide information about Access and Communify Programming activities on a regular basis fot publication in Saint Paul community newspapers and other media at teast once a month. - Press releases containing such information are faxed at least biweekly. 4. SPNN shalt print, or arrange for printing, and distribute month4y schedules of programs cablecast on the designated Access Channels and Government Access Channel. At least 2,O�Q schedules shouid be distributed each month. - Our newsletter and program guide, which aiso contains training informaYion, is mailed to over 2,600 households each month. 5. SPNN shall provide or arrange for speakers to discuss Access and Community Programming activities and opportunities in Saint Paul. Such speaking opportunities shail be arranged upon request of a community organization or the City. - SPNN has visited many entities to explain our services, and hosted many more for tours. Examples include district councils, community nonpro�ts, churches, school groups, youth groups and more. �. S ° ---- �- 6. SPNN shall take advanfage of its own video produciion services and produce programs and PSAs which explain how to use SPNN services and describe to the community what is availabie at SPNN. These programs or PSAs shall be cabiecast at least five times per week. - SPNN regularly airs an "introduction to SPNN" program promoting ail aspects ofi the organization. Additional promotionai videos are in devefopmenfi. 7. SPNN shall activety promote a communify-based forum featuring Saint Paul organizations and issues and produce it twice a month. - The Sainf Paul Forum - Live on Tuesdays is aired live weekiy at 7:30 PM on Channel 35 with call-in from viewers. The program is repeated each day at 12:30 and 7:30 PM until following Tuesday. 8. SPNN shali hold open houses on a quarterly basis and invite the generai pubfic, schoois, local organizations and institutions. - Open houses were hefd in conjunction with our Annuaf Meeting, Kev Koom Siab programming, the Minnesota Book Awards, Educational Access programmi�g and more. Task V: Other Management Services 1. SPNN will provide in a timely manner notices and minutes of annual and special membership meetings and notices and minutes of all Board of Directors' meetings to the City's Cabfe Communications Officer. - Notices and materiais to the Board are copied to the Cable Communications Ofncer. 2. SPNN will maintain records of Equipmentlfacilities purchase, use, and mai�tenance; use of Access and Community Programming channel time; records of Access training; and complaints or disputes related to Access or Communify Programming. These records shall be avai�able at all reasonable times for review by the City. - All such materials are available. 3. The City sfial{ have the right to inspect SPNN's business rec�rds and copy them at no expense to the City. SPNN's business records shal4 be mainta+ned in conformance with this Agreement and shall be availab(e for inspection during regularly scheduled business hours or at such other time mufually agreed to by the City and SPNN. - All such maferials are availabie. 4. SPNN will prepare and submit to the City's Cabie Communications Officer a balanced annuai operating budget for the subsequeni year at leasi 60 days befiore the end ofi SPNN's fiscai year. Such budget shail be approved b.y the SPNN Soard of Direcfors and adhere to standard accounting and record keeping prac#ices. As part of its business operation, SPNN shail submit to the City's Cable Communications Officer monthly financial statements and shall, at its expense, confract for a year-end audit by a Certified Pubfic Accountant SPNN shail submit audited financial statements to the City's Cable Communications Officer 120 days after year end. The report shail include a statement of the audito�s verification of compiiance with the provisions of Tasks I- V contained herein, and any exceptions noted. SPNN shall submit a qg-�sa plan tor corrective action, if exceptions are significant. - Such a balarsced budget was submitted in February of th"ss year. Financia{ statements have been submitted by a CPA. SPNN's year-end audit was detayed until August in 1997. 7his delay was due to administrative tum-over at SPNN, which delayed the RFP process for audit bids until the new ExecuYive Qirector wras hired and began work in May. The Cable Communications Otficer was appraised of this delay, and the �na! audit was com�leted shortly after the required deadline. The audit process for Fiscat Year 1998 has already begun and should be compteted in June, wel( ahead of the required date. 5. SPNN will provide copies of budget vs. actual expenditures to the City's Cable Communications Oificer 90 days after fiscal year end. - This requirement was delayed with the audit last year. Such information will be availabie for FY38 before the deadline. 6. Any circumstances that cause or could cause SPNN to experience meaningful financiai difficulty or otherwise represent a significant unplanned reduction in revenues or increase in expenditures or fosses shail be reported to the City's Cable Communications Officer within seven (7) days of discovering the matter and ongoing corrective action shalf be periodicaily repo�ted to the City's Cable Communications Officer. - tdo such instances occurred, a4though two budget amendments with no negative efFect were passed and each was included in the Board packet forwarded to the Cable Communications Officer. 7. All paid positions, including that of the Executive Director, shall be subject to a fair and open hiring process. SPNN shall comply with or exceed all federal, state, and local laws and regulations relating to equal employment opportunity. SPNN will submit to the City's Cable Communications OfiFcerfior review, any revisions to its staffng plan, outlining its proposed personnel commitments to fulfill the tasks in this Agreement; including training, general access, educationa{ access, program playback, Community Programming production, and volunteer and staff development. - Newspaper ads, facsimile and other methods publicized all h+ring during this year. All applicable 4aws were followed, including SPNN's own Aff'srmative Action policies. Staif gender batance, for example, has impsoved during this year. 8. SPNN will prepare and submit four quarterly reports and an annual year end report to the City's Cable Communications Ofricer 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 July 15. - Such reports have been timely submitted. 9, SPNN shalt submit to the City's Cabie Communications Officer a report on the Board of Dicectors nomination process. The process shal{ be committed to recruitment o4 individuals sepresenting diverse communities of interest and relevant business and professional experience. Within 30 days following its Annual Meeting, SPNtV shal! report to the City's Cable Communications Officer the Board of Directors e(ection results. The report shall include a complete Board roster (including appointed members) and a brief biography of each. - A q�'-ySo report on new nominations will be inc3uded within 30 days of our annuai meeting. F2oster and biography inform�tion for each current member has been provided. 1 �. SPNN's Annual Report shall 6e submitted to the City's Cabfe Communications Officer on or before July 15, and shall contain at least the following information: Membership statistics at year end; including number of inembers under each membership category. Programming statistics on a per-channel basis fior the past fiscai year, inciuding: number of hours and programs of first-run local programming, number of hours and programs of fiirst-run outside programming, total hours ofi programming cabiecast by week, and cabiecast faiiure rate. A list of alf 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, 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 the coming year and results of the prior year plan Community Programming pian for the coming year and results of the prior year plan A list of any Equipment disposed of during the past fiscal year, including description of item, how disposed ofi, and any compensation received for the Equipmeni Current Equipment inventory, and repiacemenUacquisition plan Current insurance documents Updated business plan, inc{uding fundraising initiatives and other p{ans to generate revenue Current mission statement Current list of Board of Directors with short biographies Current list of staff members and organizationai chart Current employee policies Current access user and channel policies Current membership categories, prices, and benefits Tar�eted Vendors SPNN has used durins the contract vear and total dollars SPNN s�ent with Tar�eted Vendors. The annual report should be complete and on time for FY98. The FY97 report was not fiuily complete, and the Cable Communications Officer was advised and agreed to an extension for the audit portion of the report. The FY97 report was compteted i� whofe in August. 11. SPNN shafi devefop a business plan and present it to the City by December 31, 1997 which addresses how SPNN will operate in 1998 and 1999 under at least the following three scenarios: a) funding from the cable operator remains relatively unchanged under a renewed franchise ; b) funding from the cable operator is approximately half the current amount under a renewed franchise; and c) funding from the cabie operator ceases under a renewed franchise. The business plan shail, at a minimum, address how PEG access and Community Programming wouid be affected under each of fhese scenarios, how facilities and equipment purchases would be affected under each of these scenarios, and identify possible revenue sources, spending categories, and courses of action. - Such a business plan was timely submitted. — -- q� - c{s o �1. HUMAN R{GHTS ORDINANCE SPNN agrees to be bound by Chapter 183 of Saint Paut Legislative Code. VI. TARGETED VENDOR DEVELOPMENT PROGRAM The City has a goal of assisting economically disadvantaged businesses to participate in public contracts through its Targeted Vendor Development Program, which is addressed in Chapter 8� of the Saint Paul Adminisirative Code. The City reguires SPNN to make a good faith ef(art to purchase goods, supplies, and services from Targeted Vendors certified with the City during this contract period. - SPiVN witl provide a fufi report with the Annual Report for Fiscal Year 1998, but to date has had slow progress in this area as SPNN does not require much outside purchasing or services, and there are limited vendors selling larger dolfar items, such as video equipment. VII. OFFICIALS DES(GNATED — SPNN SPNN designates its Executive Director as the person to be contacted by the City regarding this Agreement. The Board of Directors of SPNN shall be the final authority in any SPNN policy determinations. VII-V{ti Designations have not changed. VIII. OFFIC{ALS DESiGNATED — CfTY 7he City designates the Cable Commu�ications Officer of the Technology and Management Services Department as the person to be contacted by SPNN regarding this Agreement. IX. GRANT For SPNN's faithfui performance ofi the services set forth in ihis coniract, ihe City agrees to direct the Cable Company to pay the operating payment to SPNN according to Saint Paul Legislative Code Appendix H, Article il{, Section 6k (ii). In addition, the City wili pay SPNN a total of $8,500 annualfy for the provision of agreed promotion and piayback services. Tfie City, upon the recommendation of the Cable Communications O�cer, aiso 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 public benefd pursuant to Saint Paul Legislative Code Appendix H, Article III, Section 6d. Shoufd the City decide to withhold one or more payments for noncompliance as �� -USa deiermined in section Il, the City shall send a wriYen notice to SPNN at least fourteen working days in advance containing ihe fioflowing information: Amount being withhefd Specific reasons for withholding payment; Corrective actions requesfed; Identifcation of dates by which corrective action is to bs completed. X. SEVERAB(LITY In the event any Qrovision of this Agreement is deemed unconstitutional, illega( 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 shalf constitute a fuil and compiete Agreement between the parties. XI. SUBCONTRACTING SPNN 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 withheid. - SPNN has not subcontracted any portion of this agreement. SPNN has made limited use of contract employees in its mission, but none were responsible for any section of this agreement. Xil. TERMINATION The City and SPNN reserve the right to terminate this Agreement or SPNN's seiection as the Designated Entity without cause ot penafty on sixty days written notice. Notwithstanding any provision contained in this Agreement to the contrary, SPNN shalf be entitied to pay its expenses incurred in the normai course of its business unti{ such time as it is obligated to effect the below-referenced transfer. XIII. CONDITfONS OF DISSOLUTION Subject to SPNN's right to pay its normai 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 SPNN, any unspent or unobligated funds of current or past annual Operating Payments shaii be paid to any other Designated Entity, within 90 days of notifiration of realiocation or dissolution. SPNN shali immediately release control of all equipment and materials to the City, excepting those items which are identified in the books and records of SPNN as purchased with funds other than those received from the Cable Company. - SPNN remains active and all relevant documents and materials are in its care. ��'`tS� XIV. DISPOSfTfON OF DOCUNENTS(MATERIALS in the event that the City transfers responsibility to ano#her Designated Entity, or in the event of the dissolution of SPNN, SPNN sha41 provide the City with copies of al! SPNN 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-fo-day opsratior�s of access; operating policies and procedures. This requirement sha{I not inciude any SPNN membership lists. XV. COMPLAINTS SPNN may, at any time, file in writing with the Office of Cabie Communications, compiaints conceming the operation of the cable system that have a bearing on SPNN's performance under this Agreement. 7he Cable Communications OfiFicer shaii investigate the complaints pursuant to Saint Paul Legislative Code §430.034. - SPNN has filed no complaints with the City regarding the operation of the cab{e system. XVI. CONTINGENT FUNDING Continued performance of this Agreement by the City is contingent upon continued funding of Access and Community Pcogramming in accordance with Appendix H of the Saint Paul Legislative Code. XVII. TERM OF AGREEMENT This Agreement shaH commence on the date the Council resofution approving this document goes into effect and shafi temain in effect untif June 30, 1998. - No changes have been made to the term. SPNN agrees to an eariier ratification of the next performance agreement, ending this term early, should the city so desire. XVIII. AMENDMENTS TO AGREEMENT This Agreement may be amended upon the mutual agreement of SPNN and the City. Aii amendments shall be in writing and effective upon execution by duly qualified ofFicers of SPNN and the City. _ - iy - council File # � � S� Green Sheet # ? jg� Presented By Referred To 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RESOLUTION CITY OF SA{NT PAUL, MiNNESOTA Committee: Date WFIEREAS, the cable franchise agreement with Continental Cablevision of Saint Paul, Inc. provides that the City may designate a non-profit entity (hereinafter the "Designated Entity") or entities to manage public and educational access and communiTy programming on the local cable television system; and WFTEREAS, a contract for services between the City of Saint Paul and the Cable Access Saint Paul, Inc., d.b.a Saint Paul I3eighborhood Network, (SPNN) which outlines the duties, responsibilities and obligations of the parties with respect to the provision of goods and services for public, educational and governmental access, and community programming by the Designated Entiry has been in effect and wi11 expire on June 30, 1998; and WI�ItEAS, the City has determined that Cable Access Saint Paul, Inc, d.b.a. Saint Paul Neighborhood, has performed its duties as Designated Entity in a manner satisfactory to the City; and WIIEREAS, the proposed new contract contains changes to reflect the City's new franchise agreement with Continenta] Cablevision of Saint Paul, (C.F. 98-234); NOW TF�REFORE BE IT RESOLVED that SPNN is hereby designated the City's Designated Entity for the purposes of the cable franchise; and FURTHER RESOLVED, that t1�e proper city officials are hereby authorized to execute the Performance Agreement between Cable Access - St. Paul, Inc., d,b.a. St. Paul Neighborhood Network and the City of Saint Paul, a copy of which is a4tached hereto and incorporated herein by reference. - - - �- - r .�. i , . V �..t�t4� u1._ - � ��' � - ; . ,-. e. �. �� Byc By: Adopted by Council: Date _!��1�ti�_�� 1y l0 Adoption Certified by Covncil Secre � 1' DepartmeMlofficelcounci{: Date Initiated Green Sheet No. 38000 q�'ys� Technology & Management Svcs. 5/19(48 Confact�Persofi 8 Phone:� � j' � � � �nfi dat� Inifiautlare Holly Hansen 266-8875 '�/ � pgPy�ent D �� c�a cA��a Must Be on Cauncil Agenda by (Date) Ass�9� Z City Attomey __� City Clerk NUmber �Financial Serv u. � Financial SerV/accta 5 ' � g FOr �Mayor (Or Asst)� —Civil Se[vice Commission ROUting Order Total # of Signature Pages .�_ (Clip Ali Locations for Signature) Action Requested: Approve renewal of the City's contract with Saint Paul Neighborhood Network (SPIVI� for the provision of public, educational, and government access services and community programm;ng. Recommendations: Approve (A) or Rejed (R) Personal Service Contrects Must Answer the Following Questions: 1. Has this person/firm ever worked under a contrad for this department? Planning Commission Yes No CIB Committee 2. Has this person/firtn ever been a city employee? Civil Service Commission Yes No 3. Does ihis person/firtri possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on sepa2te sheet and aHach to green sheet Initiating Problem, Issue, Opportunity (Who, What, When, Where, Why): The City's current contract with SPNN will expire 6/30/98. Advantages If Approved: Current contract services will not be interrupted and SPNN will remain accountable for contract performance regarding Public, Educational, and Government (PEG) access services and community programming. DisadvanWges If Approved: None DisadvanWges If Not Approved: There would be no "designated entity" to provide PEG access services and community programming. These services, including playback of City Channel 18, would be disrupted as there would be no "designated entity" in accordance with the City's cable television franchise. Total Amount ot Transaction: $ g,5�� CostfRevenue Budgeted: Yes Funding Source: 166 � Activity Number: 37121 Financial Information: (E�cplain) - -__—°C�'qsa 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 Ciry of Saint Paul, Minnesota, a Minnesota municipal corporation hereinafrer referred to as "City", and Cable Access — St. Paul, Inc., a Minnesota non-profit corporation, d.b.a. Saint Paul Neighborhood Network, hereafrer referred to as " SPNN". Contents of This Document I. II. III. N. V. �. VII. VIII. IX. X. XI XII xni. xiv. XV. XVI. XVII. XVIII. XIX. XX. DEFINITIONS ............................................. 2 SERVICES............................................... 3 EVALUATION ............................................. 8 EQUIPMENT OWNERSHIP .................................... 8 STATUS OF EMPLOYEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 HUMAN RIGHTS ORDINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 VENDOR OUTREACH PROGRAM ............................. 9 OFFICIALS DESIGNATED SPNN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 OFFICIALS DESIGNATED — CITY .............................. 9 GRANT.................................................. 9 SEVERABILITY ........................................... 10 5UBCONTRACTING ........................•---............ 10 TERMINATION ........................................... 10 CONDITIONS OF DISSOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 DISPOSITION OF DOCUMENTS/MATERIALS . . . . . . . . . . . . . . . . . . . . . . 10 COMPLAINTS ............................................ 11 CONTINGENT FUNDING .................................... ll TERM OF AGREEMENT ..................................... il AMENDMENTS TO AGREEMENT .............................. 11 AGREEMENT WHOLE AND CONCLUSNE ....................... 12 SIGNATURES ............................................ 12 1 - ------- �- 4sa WITNESSETH: It is mutually agreed by and between the Ciry and SPNN as follows: DEFINITIONS For purpose of this Agreement: "Access" 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 basfs. "Access Channels" shall mean those 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 Ciry. "Access Programming" sha11 mean prograznming under the editorial control of access users. "Access Users" shall mean those members of the communiry who create and/or present prograznming 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. assigns. "Cable Company" shall mean Continental Cablevision of Saint Paul, Inc., its successors and "Community Programming" shall mean programming under the editorial control of SPNN. "Designated Entiry" shall mean a non-profit entity or entities designated by the City and further defined by the Franchise Agreement. "Fquipment" shall mean any durable goods purchases made with funds provided by the Cable Company. "Franchise AgreemenY' shall mean C.F.t{ 98-234, the renewal franchise granted to Continemal Cablevision of Sain[ Paul, Inc. by the Ciry of Saint Paul and any subsequent amendments approved by the Saint Paul Ciry CouncIl. Ea �$'ys° 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 promotionai services to support Access and Community Programming in accordance with tlris cornract and the Franchise Agreement. TASK I. Training l. SPNN shall conduct an inuoductory 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 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 courses in advanced video pcoduction teckuriques shall be offered at least once every two months. 5. SPNN will take an active role in recruiting access users for its classes. Class recruitment shall be included in at least 80% of all promotion materials. 6. SPNN will provide at least two special training ar orientation programs per year to meet special needs of local insututions and/or organizations. 7. SPNN will maintain a formal internship program involving at least 10 students annually from the secondary and post secondary education communities in Saint Paul. 8. SPNN will manage the scheduling, registration, record keeping, production of materials, evaluation, and other admuustrative tasks, including quarteriy reports, for all of its educaflonal and training activities. Such reports shall inctude student evaluations of their training. Task II: Equipment and Facilities 1. SPNN will maintain inventory control and records oP 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 disposal and value received. ��-ys�o 2. 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 City's Cable Communications Officer with each annual report. 3. SPNN will impiement and enforce policies for check out and use of Equipment and facilities, manage Equipmendfacilifies check out and use, and maintain a current log of Fquipment 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 following holidays: New Year's Day, Memorial Day (last Monday in May), Independence Day, Labor Day, Thanksgiving, Christmas Eve, and Chrishnas Day. 4. SPNN wIll maintain a 1og of complainis and responses regazding Equipment condition and use policies. The log shall be available at all reasonable times for inspection by the Ciry. 5. SPNN will maintam insurance in an amount and form acceptable to the City on all Equipment and facilities mauaged by SPNN, namnig the Designated Entity as the insured and the City as co- insured. All insurance documents shall be submitted to the City's Cable Communications Officer with the annual report and within thiriy (30) days whenever amended. 6. SPNN will maintain facilities for trauring (as described in Task n, production, and administration of Access and Community Progratmning consistent with this Agreement. Task III: Access and Community Programming Channel Tune 1. SPNN shall maintain and enforce policies and procedures far 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 O�cer within thirty (30) days of a change. No program cablecast on an access channel shall violate federal, state, or local statutes. 2. SPNN shall be responsible for the playback of video, audio and text progrunming on the four designated Access channels, one Government access channei, and one Communiry 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 of twelve hours per day per channel, and a failure rate of no more than 5 percent of the total playback hours. 3. SPNN wi11 produce and provide Community Programming, including, but not limited to, local sports events, parades, social and political events consisting of an average of 2Q hours pex month. Such prograimning shall include the City Commcil and Mayoral Inauguration, the Mayor's State-of-ffie-City Address, the Jr — Sr. Royalry Pageant, the Truth-in Tasation 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 ciry government related prograuuning. SPNN shail not engage in commercial pxoduction activities witki for-profit entities. 5. SPNN wili provide a full-time Fducational Access Coordinator to serve the educational access communiry. Furthermore, SPNN wili maintain an acrive Fducational Access Commiuee comprised of 0 ---�� 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 comtnunity in Saint Paul. Task IV: Promorion of Access 1. SPNN shall report on the results of its strategic plan by October 31, 1498. The report shall include the following and any revisions to the October 31, 1997 plan. • Ouueach suategies to increase and retain membership, viewership, number of acuve program producers, and overall SPNN visibility. • Communiry programming strategies, including proposals to coRaborate with community organizauons to provide relevant programming for Saint Paul. Such programming should include broad geographic, cultural and interest appeal. • Fundraising strategies, including underwriting, aid membership, and corporate/foundations support. • A publicity plan which details outreach efforts to advertise progranuning and production opportunities. The plan shall aiso address issues raised by the 1997 Community Needs Assessment conducted by SPNN. SPNN shall report on the effectiveness of its plan and differern promotional tactics as part of its Quarterly and Annual Reports. 2. SPNN shall create and make available to the public at least one printed document describing the Access and Communiry Programming resources available in the City of Saint Paul and how citizens of Saint Paul may make use of the described resources. 3. SPNN shall provide information about Access and Community Programming activities on a regular basis for publication in Saint Paul communiry newspapers and other media at least once a month. 4. SPNN shall print, or anange 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. 5. SPNN shall provide or arrange for speakers to discuss Access and Communiry Progranuning acfivities and opportunities in Saint Paul. Such speaking opportunities shall be arranged upon request of a communiry organization or the City. 6. SPNN shall take advantage of its own video groduction services and groduce prograsns and PSAs wtuch explain how to use SPNN services and describe to the community what is available at SPNN. These prograzns or PSAs shall be cablecast at least five times per week. 7. SPNN shall actively promote a community-based forum featuring Saim Paul organizations and issues and produce it twice a month. q�-�Sa 8. SPNN shall hold open houses on a quarterly basis and invite the general public, schools, local organi�ztions and instimrions. Task V: Other Management Services 1. SPNN wffi provide in a timely manner notices and minutes of annual and special membership meetings and notices and minutes of all Boazd of Directors' meetings to the City's Cable Communications Officer. 2. SPNN will maimain records of Equipment/facilities purchase, use, and maintenance; use of Access and Community Programming channel time; records of Access trainnig; and complaints or disputes related to Access or Community Programming. These records shall be available at all reasonable times for review by the City. 3. The Ciry shall have the right to inspect SPNN's business records and copy them at no expense to the City. SPNN's business records shall be maintained in conformance wiYh this Agreement and shall be available for inspecuon during regulazly scheduled business hours or at such other time mutually agreed to by the City and SPNN. 4. 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 SPNN's fiscal year. Such budget shail be approved by the SPNN Board of Directors and adhere to standud accounting and record keeping practices. As part of its business operation, SPNN shall submit to the City's Cable Communications Officer mornhly fmancial statements and shall, at its expense, conuact for a year-end audit by a Certified Public Accountant. SPNN shall submit audited fmancial statements to the City's Cable Communications O�cer 120 days afrer year end. The report sha11 include a statement of the auditor's verification of compliance with the provisions of Tasks I- V contained herein, and any excepuons noted. SPNN shall submit a plan for corrective action, if exceptions are significant. 5. SPNN will provide copies of budget vs. actual expenditures to the City's Cable Communications Officer 40 days after fiscal yeaz end. 6. Any ciicumstances that cause or could cause SPNN to experience meaningful fmancial difficulty or otherwise 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 shall be periodically reported to the City's Cable Communications Officer. 7. All paid positions, including that of the Executive Director, shall be subject to a fair and open hiring process. SPNN shall comply with or exceed all federal, state, and local laws and regulations relating to equal employment opportunity. SPNN will submit to the City's Cable Communications Officer for review, any revisions to its staffing plan, outlining its proposed personnel commihnents to fulfill the tasks in this Agreement; including training, general access, educational access, program playback, Community Programming producdon, and volunteer and staff development. 0 - -� ' �- 0 8. SPNN will prepare and submit four quarterly reports and an annual yeaz end report to the City's Cabie Communicafions Officez on the activities and tasks enumerated in this agreement. Reports shall be based on SPNN's fiscal yeaz and submitted on September 15, December 15, Mazch 15, and June 15. The P.nnual Report shall be submitted on 3uly 15. 9. SPNN shall submit to the City's Cable Communicarions Officer a report on the Board of Direetors nomination process. The process shali be committed to recruitment of individuals representing diverse communifies of interest and relevant business and professional experience. Within 30 days following its Annual Meeting, SPNN st�all report to the City's Cable Communicarions Officer the Board of Direetors election results. The report shall include a complete Boazd roster (including appointed members) and a brief biography of each. 10. SPNN's Annual Report shali be submitted to the Ciry's Cable Communications Officer on or before July 15 and shall contain at least the following information: ♦ Membership statistics at year end; including number 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 fust-run local programming, number of hours and programs of first-run outside programming, total hours of programming cabiecast by week, and cablecast failure rate. ♦ A list of all complaints received during the past fiscal yeaz and how and when they were resolved ♦ Training statistics for public and educational access for the past fiscal year, including course schedules, attendance, recruiting efforts, ete., as described in Task I. ♦ Public access training plan for the coming year and results of the pzior year plan ♦ Educational access plan for the coming year and results of the prior year plan ♦ Community Programming plan for the coming year and results of the prior yeu plan ♦ A list of any Equipmetit disposed of during the past fiscal yeaz, including description of item, how disposed of, and any compensation received for the Equipment ♦ Current Equipment inventory, and replacememlacquisition plan ♦ Current insurance documents ♦ Updated business plan, including fundraising initiatives and other plans to generate revenue ♦ Current mission statement ♦ Current list of Board of Directors with short biographies ♦ Current list oF staff members and organizational chart ♦ Current employee policies ♦ Current access user and charuiel policies ♦ Current membership categories, prices, and benefits ♦ Vendors identified in Saint Paul Administrative Code 84.06 SPNI�i has used during the contract year, and total dollars SPNN spent with such Vendors. fll ___q�_y 5° II. EVALUATION SPNN agrees that an evaluation of iu performance under this Agreement, including an on-site inspection, may be performed quarterly as determined by the Ciry's Cable Communications Officer and following receipt of the Annual Report. The Ciry's Cable Communications Officer may conduct an in- person evaluarion session with the SPNN Board of Duectors 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 Ciry find any instances of noncompliance after a review, the Cable Communications Officer shall transmit in writing a description of the areas of noncompliance to SPNN within 30 days. SPNN shall respond to such norices within 15 working days of receipt in writing, detailing corrective acuons to be taken. III. EQUIPMENT OWNERSHIP SPNN agrees that everything purchased with funds provided by the Cable Company is the sole property of the Designated Entiry with no right, title, or interest therein vesting in SPNN. During such tnne as SPNN, its successars and assigns, is acting as the Designated Entity, it is understood that SPNN is oniy the temporary custodian of such property and that SPNN has no right� of ownership with respect to such property. SPNN may not dispose of or otherwise use said property so as to enrich SPNN or to deprive any furure 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 accrue to the Designated Entity only. SPNN shall 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. Ciry agrees that everything purchased with funds other than those provided by the Cable Comgany is the sole property of SPNN with no right, title, 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 City and are entitled to none of the rights, privIleges, and bene�ts granted regular City employees. V. HUMAN RIGHTS ORDINANCE SPNN agrees to be bound by Chapter 183 of Saint Paul l.egislarive Code. --__c{�-!�s° VI. VENDOR DEVELOPMBNT OUTREACH PROGRAM The City has a goal of assisting economically disadvantaged businesses to participate in public contracts through its Vendor Development Outreach Program, which is addressed in Chapter 84 of the Saint Paul Administrarive Code. The Ciry 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. OFFICIAI.S DESIGNATED — SPNN SPNN designates its Executive Director as the person to be contacted by the Ciry regarding this Agreement. The Boazd of Directors of SPNN shall be the fmal authority in any SPNN policy detemunations. VIIL OFFICIALS DESIGNATED — CITY The City designates the Cable Communications Officer of the Technology and Management Services Department as the person to be contacted by 5PNN regarding this Agreement. IX. GRANT For SPNN's faithful perforxnance of the services set forth in this contract and provided that SPNN has a valid and binding contract with Continental Cablevision of Saint Paul, Inc. to provide PEG services, the City agrees to direct the Cable Company to make the payments to SPNN according to Section 304 of the Franchise Agreement. In addition, the City will pay SPNN a total of $8,500 annually for the provision of agreed promotion and playback services. The City, upon the recommendation of the Cable Comnnunications O�cer, also reserves the right to witlahold 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 public benefit pursuant to the Franchise Agreement, Section 304. 5hould the Ciry decide to withhold one or more payments for noncompliance as determined in Section II of this Agreement, the Ciry 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 payment; Corrective actions requested; Identification of dates by which corrective action is to be completed. L� ---a�-�s� 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 shall consritute a full and complete Agre�ment between the parties. XI. Si3BCONTRACTING SPNN may not subcontraet portions of this Agreement until written approval is received from the Ciry's Cable Communicarions Officer; such approval shall not be unreasonably withheld. XII. TERMINATION The City and SPNN reserve the right to terminate this Agreement ox SPNN's selection as the Designated Enuty without cause or penalty on sixry days wrirten notice. Notwithstanding any provision contained in this Agreement to the contrary, SPNN shall be entided to pay its expenses incuned in the normal course of its business until such time as it is obligated to effect the below-referenced transfer. XIII. CONDITIONS OF DISSOLUTION Subject to SPNN's right to pay its normal operating expenses, as set forth above, in the event that the Ciry transfers responsibilities to another Designated Entiry, or in the event of the dissolution of SPNN, any unspent or unobligated funds received from the cable company as the Designated Entiry, shall be paid to any other Designated Entiry, within 90 days of notiFication of reallocation or dissolution. SPNN shall immediately release control of all equipment and materials to the Ciry, excepting those items which are identified in the books and records of SPNN as purchased with funds other than those received from the Cable Company. XIV. DISPOSITION OF DOCLTMENTS/MATERIALS In the evem that the Ciry uansfers responsibiliry 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 not lunited to lists of trained and certified access users and their respective levels of training and certifica6on; fornis necessary to the day-to-day operations of access; operating policies and procedures. This requirement shall not include any SPNN membership lists. 10 _ - _ _�I��a XV. COMPLAINTS SPNN may, at any time, file in writing with the Office of Cable Communicarions, complainu concerning the operation of the cable system that have a bearing on SPNN's performance under this Agreement. Tlie Cable Communications Officer shall investigate the complaints pursuant to Saint Paul Legislative Code §430.034. XVI. CONTINGENT FUNDING Continued performance of this Agreement by the City is contingent upon continued funding of Access and Community Programming in accordance with the Franchise Agreement. XVII. 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, 1999. XVIII. AMENDMENTS TO AGREEMENT This Agreement may be amended upon the mutual agreement of SPNN and the City. All amendments shall be in writing and effective upon execution by duly qualified officers of SPNN and the City. 11 -- ��.y XIX. AGREEMENT WHOLE AND CONCLUSIVE The parties expressly state that this Agreement, 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 understandings outside of the Agreement are pertinent to SPNN's performance. No right or privilege is granted or conferred by the Agreement except those specifically prescribed herein. In accepting this contract SPNN aclmowledges that iis rights hereunder are subject to the lawful exercise of the police power of the Ciry to adopt and enforce general ordinances necessary to the safery and welfare of the public, and further that SPNN shall at all times comply with all applicable present and future laws, rules and regulations. XX. SIGNATURES IN WITNESS HEREOF, the parties have set their hands on the dates indicated. CITY OF OF SAINT PAUL Cable Access St. Paul, Inc. d.b.a. Norm Coleman, Mayor SAINT PAUL NEIGHBORHOOD NETWORK Date Its President Date Approved as to form: Assistant Ciry Attomey Date Director, Office of Financial Services Date 12 .�{S�� - Compliance Information, FY199$ Performance Agreem�nt between Cable Access — Saint Paul, Tnc. DB/A Saint Paul Neighborhood Network and the City of Saint Paul TASK I. Training 'I. SPNN shall conduct an introductory access orientation course. The course shall consist of public access television philosophy, SPNN policies and procedures, audience development, how to use public access, SPf�N course offerings, publicity and promotion, and tours of the studios, edit suites, access equipment and van. The introductory access orientatiQn course shall consist of at least three contact hours per class, and such classes will be held at least once per month. - Intro ciasses have been offiered the first Wednesday of each month, at no cost, meeting afi requirements. 2. Basic level courses in video production, including studio production, field production, and editing, shall be offered at least once every five weeks. - These classes have been of'rered more firequently than required. Specific dates have been advertised in the SPNN Newsfetter, in our access facility, through fiiers, and other means. 3. Intermediate levei courses in video production, including studio production, field production, and editing, shall be offered at least once every two months. - These ciasses have been offered more frequentiy than required. Specific dates have been advertised in the SPtd4V Newsfetter, in our access facility, through fiiers, and otfier means. 4. Advanced level courses in advanced video production techniques shall be offered at least once every two months. - These classes have been offered more frequentty than required. Specific dates have been advertised in the SPNN Newsletter, in aur access facility, through fliers, and other means. 5. SPNN will take an active role in recruiting access users for its classes. Ciass recruitment sha{t be inc{uded in at least 80% of alt promotion materials. - Wfiile a few specific outreach pieces, such as program advertisements, have not included promotional material, well over the 80% requirement has been met. 6. SPNN wiii provide at ieast fivo speciai training or orientation programs per year to meef special needs of locai institutions andJor organizations. - Examp{es of such programs inciude several schools, the YMCA, the University of Minnesota, the American Red Cross, Merrick Community Services and more. a�-�tso 7. SPNN will maintain a formal intemship program involving at least 10 students annualiy from the secondary and post secondary education communities in Saint Paui. - Utiiizing programs from the University of Minnesota, the Connecfions Program, CET sfudents and more, we have had over 20 such interns in the past year. 8. SPNN wiii manage the schedufing, registration, record keeping, production of materiais, evafuation, and other administrative tasks, inciuding quarterly reports, for al! of its educationa{ and training ac:ivities. Such reports shali include student evafuations of their trai�ing. - Quarteriy reports have included the statisticai information, but have not included full student evaluations, although such are collected. Summary information of evaluations have been included. SPNN would be happy to copy student evaluations for the City, although this would be hundreds of pieces. They are available for inspection at any time. Task li: Equipment and Faciliiies 1. SPNN will maintain inventory contsol 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 disposal and value received. - Significant progress has been made on 4he inventory, with complete information including serial numbers and make and model included for any $300 threshold item. We are still completing aCCUrate infarmation on condition. 2. SPNN shall maintain and repair Equipment in a time{y manner keeping record of maintenance and repair, a�d 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. - A maintenance report will be ready with the Annual report before the July due date. 3. SPNN witl implement and enforce policies for check out and use of Equipment and facifities, manage EquipmenUfacifities check out and use, and maintain a current tog of Equipment c4�eck out and use. SPNN facilities will be open at least 50 hours per week on at least six days per week except for the following holidays: New Yea�'s Day, Memorial Day (last Monday in May), Independence Day, Labor Day, Thanksgiving, Christmas Eve, and Christmas Day. - SPNN has exceeded the required hours, remaining open at least 54 hours each week and 60 hours more recently. 4. 5PNN will mainiain a log of complaints and responses regarding Equipment condition and use policies. The 1og shall be available at ali reasonable times for inspection by the City. - Comptaints and compliments are inctuded in the quarterfy reports. 5. SPNN will maintain insurance in an amount and form acceptable to the City on all Equipment and facilities managed by SPNN, naming the Designated Ent+ty as the insured and q�-�� the City as co-insured. A!I insurance documents sh2A be submitted to the City's Cable Communications Officer with the annual report and within thirty (30) days whenever amended. - fnsurance is current to specifications, policies issued by EfNC Undenvriters fhrough Buct�meier Insurance in Saint Paul. 6. SPNN will maintain facilities for training {as described in Task I), production, and administration of Access and Community Programming consistent with this Agreement. - All necessary facilities are maintained in fhe Union Depot Place. Task 111: Access and Community Programming Channet Time 1. SPNN shall maintain and enforce policies and procedures for allocating, reserving and using time on the desiqnated Access Channels. Such policies and afl subsequent policy changes shalf be submitted to the City's Cabie Communications Officer within thirty (30) days of a change. No program cablecast on an access channel shall violate federal, state, or local statutes. - Aii users sign a playback form acknowledging our process for playback times and in compliance with applicable law. 2. SPNN shalf be responsible for the playback of video, audio and text programming on the four designated Access channefs, one Govemment access channef, and one Community Programming channe! in accordance with SPNN's established policies and procedures. SPNN shall staff playback facilities to insure program p(ayback seven days per week and an average of twelve hours per day per channel, and a failure rate of no more than 5 percent of the total playback hours. - All channels are programmed 24 hours per day, seven days per week, with a failure rate of less than two percent. 3. SPNN will produce and provide Community Programming, including, but not limited to, local sports events, parades, social and political evenis consisting of an average ofi 20 hours per month. Such programming shalf include the City Council and Mayoral Inauguration, the Mayofs Sta#e-of-the-City Address, the Jr.— Sr. Royalty Pageant, the Truth-in-Taxation Nearing, 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. - Community production is averaging well over the requirements, with no month betow 20 hours, and including required productions with and for the City of Saint Paul. 4. SPNN shall not engage in commercial production activities with for-profit entities. - No such commercial production has occurred. 5. SPNN will provide a full-time Educationaf Access Coordinator to serve the educational access communify. Furthermore, SPNN wifl maintsin an active Educationa{ Access Committee comprised of representztives 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 Saint Paul. - SPNN has maintained a fu(1-time educafional access coordinator and has added a part-time assisfant. The Educational Access Committee has been meeting at least every two months, and usually more frequently. - — --� �ys° Task fV: Promotion of Access 1. SPNN shali develop a strateqic plan for the promofion of access and community programming and submit this plan to the City by October 31,_1997. Promotional activities detailed in Article Iil Section 6 of Appendix H shall be included in this plan. This plan shall include the following: Outreach siraiegies to increase membership, viewership, number of active program producers, and overall SPNN visibili:y. Community programming sfrategies, inciuding proposafs to collaborate with community organizations to provide re{evant programming for Saint Pau{. Such programming shoufd incfude broad geagraphic, cultural and interest appeai. Fundraising strategies, including underwriting, aid membership, and corporate/foundations support. A pubiicity plan which details outreach efforts to advertise programming and production opportunities. The plan shall also address issues raised by the 1997 Community Needs Assessment conducted by SPNN. SPNN shall report on the effectiveness of its plan and differeni promotional tactics as part of its Quarteriy and Annuai Reports. - The plan was submitted on time. Many aspects of the ptan have been met, and others are wetf under way. Such updates were not specifrcaify broken out in the quarteriy reports. This wifi be more ciearly delineated in the annuat report. 2. SPNN shall create and make available to the pubfic 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. - A new, professional brochure was completed this year, updating the information. This has been mailed to many individuais and organizations and dropped off at community locations. 3. SPNN shail provide information about Access and Communify Programming activities on a regular basis fot publication in Saint Paul community newspapers and other media at teast once a month. - Press releases containing such information are faxed at least biweekly. 4. SPNN shalt print, or arrange for printing, and distribute month4y schedules of programs cablecast on the designated Access Channels and Government Access Channel. At least 2,O�Q schedules shouid be distributed each month. - Our newsletter and program guide, which aiso contains training informaYion, is mailed to over 2,600 households each month. 5. SPNN shall provide or arrange for speakers to discuss Access and Community Programming activities and opportunities in Saint Paul. Such speaking opportunities shail be arranged upon request of a community organization or the City. - SPNN has visited many entities to explain our services, and hosted many more for tours. Examples include district councils, community nonpro�ts, churches, school groups, youth groups and more. �. S ° ---- �- 6. SPNN shall take advanfage of its own video produciion services and produce programs and PSAs which explain how to use SPNN services and describe to the community what is availabie at SPNN. These programs or PSAs shall be cabiecast at least five times per week. - SPNN regularly airs an "introduction to SPNN" program promoting ail aspects ofi the organization. Additional promotionai videos are in devefopmenfi. 7. SPNN shall activety promote a communify-based forum featuring Saint Paul organizations and issues and produce it twice a month. - The Sainf Paul Forum - Live on Tuesdays is aired live weekiy at 7:30 PM on Channel 35 with call-in from viewers. The program is repeated each day at 12:30 and 7:30 PM until following Tuesday. 8. SPNN shali hold open houses on a quarterly basis and invite the generai pubfic, schoois, local organizations and institutions. - Open houses were hefd in conjunction with our Annuaf Meeting, Kev Koom Siab programming, the Minnesota Book Awards, Educational Access programmi�g and more. Task V: Other Management Services 1. SPNN will provide in a timely manner notices and minutes of annual and special membership meetings and notices and minutes of all Board of Directors' meetings to the City's Cabfe Communications Officer. - Notices and materiais to the Board are copied to the Cable Communications Ofncer. 2. SPNN will maintain records of Equipmentlfacilities purchase, use, and mai�tenance; use of Access and Community Programming channel time; records of Access training; and complaints or disputes related to Access or Communify Programming. These records shall be avai�able at all reasonable times for review by the City. - All such materials are available. 3. The City sfial{ have the right to inspect SPNN's business rec�rds and copy them at no expense to the City. SPNN's business records shal4 be mainta+ned in conformance with this Agreement and shall be availab(e for inspection during regularly scheduled business hours or at such other time mufually agreed to by the City and SPNN. - All such maferials are availabie. 4. SPNN will prepare and submit to the City's Cabie Communications Officer a balanced annuai operating budget for the subsequeni year at leasi 60 days befiore the end ofi SPNN's fiscai year. Such budget shail be approved b.y the SPNN Soard of Direcfors and adhere to standard accounting and record keeping prac#ices. As part of its business operation, SPNN shail submit to the City's Cable Communications Officer monthly financial statements and shall, at its expense, confract for a year-end audit by a Certified Pubfic Accountant SPNN shail submit audited financial statements to the City's Cable Communications Officer 120 days after year end. The report shail include a statement of the audito�s verification of compiiance with the provisions of Tasks I- V contained herein, and any exceptions noted. SPNN shall submit a qg-�sa plan tor corrective action, if exceptions are significant. - Such a balarsced budget was submitted in February of th"ss year. Financia{ statements have been submitted by a CPA. SPNN's year-end audit was detayed until August in 1997. 7his delay was due to administrative tum-over at SPNN, which delayed the RFP process for audit bids until the new ExecuYive Qirector wras hired and began work in May. The Cable Communications Otficer was appraised of this delay, and the �na! audit was com�leted shortly after the required deadline. The audit process for Fiscat Year 1998 has already begun and should be compteted in June, wel( ahead of the required date. 5. SPNN will provide copies of budget vs. actual expenditures to the City's Cable Communications Oificer 90 days after fiscal year end. - This requirement was delayed with the audit last year. Such information will be availabie for FY38 before the deadline. 6. Any circumstances that cause or could cause SPNN to experience meaningful financiai difficulty or otherwise represent a significant unplanned reduction in revenues or increase in expenditures or fosses shail be reported to the City's Cable Communications Officer within seven (7) days of discovering the matter and ongoing corrective action shalf be periodicaily repo�ted to the City's Cable Communications Officer. - tdo such instances occurred, a4though two budget amendments with no negative efFect were passed and each was included in the Board packet forwarded to the Cable Communications Officer. 7. All paid positions, including that of the Executive Director, shall be subject to a fair and open hiring process. SPNN shall comply with or exceed all federal, state, and local laws and regulations relating to equal employment opportunity. SPNN will submit to the City's Cable Communications OfiFcerfior review, any revisions to its staffng plan, outlining its proposed personnel commitments to fulfill the tasks in this Agreement; including training, general access, educationa{ access, program playback, Community Programming production, and volunteer and staff development. - Newspaper ads, facsimile and other methods publicized all h+ring during this year. All applicable 4aws were followed, including SPNN's own Aff'srmative Action policies. Staif gender batance, for example, has impsoved during this year. 8. SPNN will prepare and submit four quarterly reports and an annual year end report to the City's Cable Communications Ofricer 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 July 15. - Such reports have been timely submitted. 9, SPNN shalt submit to the City's Cabie Communications Officer a report on the Board of Dicectors nomination process. The process shal{ be committed to recruitment o4 individuals sepresenting diverse communities of interest and relevant business and professional experience. Within 30 days following its Annual Meeting, SPNtV shal! report to the City's Cable Communications Officer the Board of Directors e(ection results. The report shall include a complete Board roster (including appointed members) and a brief biography of each. - A q�'-ySo report on new nominations will be inc3uded within 30 days of our annuai meeting. F2oster and biography inform�tion for each current member has been provided. 1 �. SPNN's Annual Report shall 6e submitted to the City's Cabfe Communications Officer on or before July 15, and shall contain at least the following information: Membership statistics at year end; including number of inembers under each membership category. Programming statistics on a per-channel basis fior the past fiscai year, inciuding: number of hours and programs of first-run local programming, number of hours and programs of fiirst-run outside programming, total hours ofi programming cabiecast by week, and cabiecast faiiure rate. A list of alf 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, 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 the coming year and results of the prior year plan Community Programming pian for the coming year and results of the prior year plan A list of any Equipment disposed of during the past fiscal year, including description of item, how disposed ofi, and any compensation received for the Equipmeni Current Equipment inventory, and repiacemenUacquisition plan Current insurance documents Updated business plan, inc{uding fundraising initiatives and other p{ans to generate revenue Current mission statement Current list of Board of Directors with short biographies Current list of staff members and organizationai chart Current employee policies Current access user and channel policies Current membership categories, prices, and benefits Tar�eted Vendors SPNN has used durins the contract vear and total dollars SPNN s�ent with Tar�eted Vendors. The annual report should be complete and on time for FY98. The FY97 report was not fiuily complete, and the Cable Communications Officer was advised and agreed to an extension for the audit portion of the report. The FY97 report was compteted i� whofe in August. 11. SPNN shafi devefop a business plan and present it to the City by December 31, 1997 which addresses how SPNN will operate in 1998 and 1999 under at least the following three scenarios: a) funding from the cable operator remains relatively unchanged under a renewed franchise ; b) funding from the cable operator is approximately half the current amount under a renewed franchise; and c) funding from the cabie operator ceases under a renewed franchise. The business plan shail, at a minimum, address how PEG access and Community Programming wouid be affected under each of fhese scenarios, how facilities and equipment purchases would be affected under each of these scenarios, and identify possible revenue sources, spending categories, and courses of action. - Such a business plan was timely submitted. — -- q� - c{s o �1. HUMAN R{GHTS ORDINANCE SPNN agrees to be bound by Chapter 183 of Saint Paut Legislative Code. VI. TARGETED VENDOR DEVELOPMENT PROGRAM The City has a goal of assisting economically disadvantaged businesses to participate in public contracts through its Targeted Vendor Development Program, which is addressed in Chapter 8� of the Saint Paul Adminisirative Code. The City reguires SPNN to make a good faith ef(art to purchase goods, supplies, and services from Targeted Vendors certified with the City during this contract period. - SPiVN witl provide a fufi report with the Annual Report for Fiscal Year 1998, but to date has had slow progress in this area as SPNN does not require much outside purchasing or services, and there are limited vendors selling larger dolfar items, such as video equipment. VII. OFFICIALS DES(GNATED — SPNN SPNN designates its Executive Director as the person to be contacted by the City regarding this Agreement. The Board of Directors of SPNN shall be the final authority in any SPNN policy determinations. VII-V{ti Designations have not changed. VIII. OFFIC{ALS DESiGNATED — CfTY 7he City designates the Cable Commu�ications Officer of the Technology and Management Services Department as the person to be contacted by SPNN regarding this Agreement. IX. GRANT For SPNN's faithfui performance ofi the services set forth in ihis coniract, ihe City agrees to direct the Cable Company to pay the operating payment to SPNN according to Saint Paul Legislative Code Appendix H, Article il{, Section 6k (ii). In addition, the City wili pay SPNN a total of $8,500 annualfy for the provision of agreed promotion and piayback services. Tfie City, upon the recommendation of the Cable Communications O�cer, aiso 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 public benefd pursuant to Saint Paul Legislative Code Appendix H, Article III, Section 6d. Shoufd the City decide to withhold one or more payments for noncompliance as �� -USa deiermined in section Il, the City shall send a wriYen notice to SPNN at least fourteen working days in advance containing ihe fioflowing information: Amount being withhefd Specific reasons for withholding payment; Corrective actions requesfed; Identifcation of dates by which corrective action is to bs completed. X. SEVERAB(LITY In the event any Qrovision of this Agreement is deemed unconstitutional, illega( 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 shalf constitute a fuil and compiete Agreement between the parties. XI. SUBCONTRACTING SPNN 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 withheid. - SPNN has not subcontracted any portion of this agreement. SPNN has made limited use of contract employees in its mission, but none were responsible for any section of this agreement. Xil. TERMINATION The City and SPNN reserve the right to terminate this Agreement or SPNN's seiection as the Designated Entity without cause ot penafty on sixty days written notice. Notwithstanding any provision contained in this Agreement to the contrary, SPNN shalf be entitied to pay its expenses incurred in the normai course of its business unti{ such time as it is obligated to effect the below-referenced transfer. XIII. CONDITfONS OF DISSOLUTION Subject to SPNN's right to pay its normai 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 SPNN, any unspent or unobligated funds of current or past annual Operating Payments shaii be paid to any other Designated Entity, within 90 days of notifiration of realiocation or dissolution. SPNN shali immediately release control of all equipment and materials to the City, excepting those items which are identified in the books and records of SPNN as purchased with funds other than those received from the Cable Company. - SPNN remains active and all relevant documents and materials are in its care. ��'`tS� XIV. DISPOSfTfON OF DOCUNENTS(MATERIALS in the event that the City transfers responsibility to ano#her Designated Entity, or in the event of the dissolution of SPNN, SPNN sha41 provide the City with copies of al! SPNN 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-fo-day opsratior�s of access; operating policies and procedures. This requirement sha{I not inciude any SPNN membership lists. XV. COMPLAINTS SPNN may, at any time, file in writing with the Office of Cabie Communications, compiaints conceming the operation of the cable system that have a bearing on SPNN's performance under this Agreement. 7he Cable Communications OfiFicer shaii investigate the complaints pursuant to Saint Paul Legislative Code §430.034. - SPNN has filed no complaints with the City regarding the operation of the cab{e system. XVI. CONTINGENT FUNDING Continued performance of this Agreement by the City is contingent upon continued funding of Access and Community Pcogramming in accordance with Appendix H of the Saint Paul Legislative Code. XVII. TERM OF AGREEMENT This Agreement shaH commence on the date the Council resofution approving this document goes into effect and shafi temain in effect untif June 30, 1998. - No changes have been made to the term. SPNN agrees to an eariier ratification of the next performance agreement, ending this term early, should the city so desire. XVIII. AMENDMENTS TO AGREEMENT This Agreement may be amended upon the mutual agreement of SPNN and the City. Aii amendments shall be in writing and effective upon execution by duly qualified ofFicers of SPNN and the City.