98-450_ - iy -
council File # � � S�
Green Sheet # ? jg�
Presented By
Referred To
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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.
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By:
Adopted by Council: Date _!��1�ti�_�� 1y l0
Adoption Certified by Covncil Secre �
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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)
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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�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
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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.
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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
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�- 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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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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.
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�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
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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.
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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.
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council File # � � S�
Green Sheet # ? jg�
Presented By
Referred To
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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.
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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)
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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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.
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�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
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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.
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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.