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HomeMy WebLinkAbout25D - CABLE TV CONSULTING SERVICESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 21, 2009 TITLE: AGREEMENT AMENDMENT WITH COMMUNICATIONS SUPPORT GROUP FOR CABLE TV CONSULTING SERVICES Y MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended As Amended Ordinance on 15` Reading Ordinance on 2"d Reading implementing Resolution Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with Communications Support Group to provide cable television consulting services for a one-year period in an amount not to exceed $85,870, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana annually conducts cable television Technical Testing and Proof of Performance reporting based on Federal Communications Commission (FCC) requirements. In addition, the City provides a community bulletin board (Channel 3), an electronic Stadium Marquee, the CCN community display system, and other services that require video production services. Communications Support Group will conduct the annual comprehensive technical FCC performance test, maintain records necessary to monitor the cable operator's compliance with the City Television Subscriber Protection Ordinance and submit the annual cable regulatory report documenting overall cable company activity and performance. Communications Support Group will assist with the supervision of the CTV3 playback operator and prepare reports for the Board of Parks and Recreation monthly board meetings. The base agreement amount is $80, 370. This agreement includes a $5,500 contingency for unanticipated work, for a total agreement amount of $85,370. The Parks, Recreation and Community Services Agency is satisfied with the quality of services that Community Support Group has provided and supports approval of the recommended action. 25D-1 Agreement Amendment with CSG September 21, 2009 Page 2 FISCAL IMPACT Funds for this agreement are available in the Recreation Other Contract Services account (no. 01113230-62300). APPROVED AS TO FUNDS AND ACCOUNT: ~1-^C Gerardo Mouet ~n~~r ~~c ~ ,~ Francisco Gutierrez Executive Director Executive Director Parks, Recreation and Community Finance & Mgmt. Services Agency Services Agencyyy~~~ /J i 25D-2 THIRD AMENDMENT TO CONSULTANT AGREEMENT THIS THIRD AMENDMENT TO CONSULTANT AGREEMENT is entered into on September 21, 2009, by and between Communications Support Group, a sole proprietorship ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement # A-2006-277, dated October 16, 2006, as amended by Agreement #A-2007-247 and Agreement #A2008-276 (hereinafter, collectively, the "Agreement") by which Consultant has provided cable television compliance services to the City. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services, extend the term and modify compensation during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to provide that during the term from November 1, 2009 through October 31, 2010 Consultant shall perform those services set forth in Exhibits A-3 and B-3, attached hereto. In performance of those services, City shall continue to provide office space, telephone, computer and printer, access to City e-mail and parking for Consultant. 2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "City agrees to pay, and Consultant agrees to accept as total payment for its services a total sum, not to exceed $80,370:0, annually for all hours worked, travel and expenses during the extended term of said Agreement, plus $5,500.00 contingency for additional work as determined by the Executive Director. Said compensation (excluding contingency) shall be paid in 24 equal payments during the one-year renewal of this Agreement." Section 3, TERM, shall be amended to extend the termination date to October 31, 2010. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25D-3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Consultant Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney 2 COMMUNICATIONS SUPPORT GROUP KATHERINE BOWERS 25D-4 EXHIBIT A-3 Scope of Work Contractor agrees to provide, upon request, technical support to City Manager and Executive Director of the Recreation and Community Services Agency for the City's Cable Television operations up to twenty-eight (28) hours per week of which twelve (12) will be dedicated to development of the community bulletin board and including but not limited to cable programming, customer service and franchise compliance/administration as follows: 1. Monitor currency and accuracy of franchise security and certificate of insurance documents provided by the Cable Operator. 2. Receive/document resolution to subscriber's complaints related to the city's video service providers from cable (Time Warner Cable) and phone (AT&T) and respond to cable television program inquiries from City Officials and citizens. 3. Assist in providing information for; and attend Parks and Recreation Advisory Board regarding video services. Attend meeting upon request if needed. 4. Monitor cable operator's telephone response time and report results to City. 5. Maintain databases necessary to monitor Cable Operator's compliance to City Cable Television Subscriber Protection Ordinance and to provide information based on inquiries. 6. Maintain in City Cable Office historical and current records of cable television programs, franchise agreement and related documentation. 7. Assist with any organization requirements for programming related to City Channel 3 (CTV3). 8. Assist city with EG channels related to AT&T for local channel connectivity. 9. Assist with obtaining outside city programming appropriate for CTV3 to enhance the channel such as community public service announcements, Orange County locally produced programs and news segments about Santa Ana such as videos from the OC Register. 10. Assist in supervision of city playback operator for CTV3 regarding monthly scheduling chart, and reports for Parks and Recreation monthly board meeting, tape and dvd library organization, dvd dub requests and city council playback . 11. Provide comprehensive technical performance testing of the subscriber cable system as set forth in Exhibit "B-3". This testing based on FCC standards will be conducted 25D-5 during the months of July or August during peak heat times of the year. 12. Prepare a comprehensive annual CTV3 and cable regulatory report with performance and activity. This report will be completed at the conclusion of the calendar year. 13. Receive files from CCN of initiatives that would be applicable to CTV3 and load mpegs into city channel 3 Scala System to cablecast on CTV3. 14. Work with city video engineer related to CTV3 control room maintenance repairs, order of any necessary equipment to keep channel running properly for programming, bulletin board and city council meetings. 15. Attend meetings on an as needed basis related to cable and CTV3 television videos as needed, i.e. State of City Address and Santa Ana Zoo. 16. Prepare and maintain the city community bulletin board complete with multi media: text, photos, video and advanced graphics incorporating city information. 17. Assist in development and organization of quarterly programming information to CCN: includes basic information for each initiative, work with Executive Director to clarify topic matter and contacts. Follow through in providing information to CCN production management. 4 25D-6 EXHIBIT B-3 PROOF OF PERFORMANCE TESTING I. Perform a series of television signal level measurements to ascertain franchisee compliance. All testing shall be coordinated and supervised by Consultant. A. Test shall be performed at the tap location under the existing conditions. B. No accommodations shall be made to allow the City to correct problems found prior to testing. C. Prior to the commencement of testing, obtain the necessary calibration certificate For all frequency/voltage sensitive equipment which will be used in the field testing from the Grantee. D. A 100' calibrated RG-59 jumper shall be used to connect the output of a Subscriber tap to the input of the measuring equipment. II. An abbreviated proof of performance check shall be completed and tested for compliance as set forth in the following sections. A. The following test shall be performed at the headend prior to field testing and then at all subscriber network testpoints. Vistigal carrier levels Aural carrier levels Vistigal/Aural difference (calculated) Sweep Peak-to-Valley Carrier-to-Noise Low frequency distortions ("Hum") Composite Triple Beat TASO rating of picture distortions on all channels B. The following inspections shall be made at the headend: Stand-by-carriers NET patch bays and switching bridges Stand-by power generators Radio carriage Aural levels Emergency override equipment Installation of leased access equipment Microwave and satellite receive equipment C. The following inspections shall be performed at the franchisee's office and elsewhere: Telephone answering equipment Billing, converter, and converter addressing computer equipment Parental control lock systems 25D-7 III. Prepare a final comprehensive report (test and summary report) following the conclusion of the performance test. A. The test report shall include a description of testing methods, testing criteria, list of locations tested, and test scores. B. The summary report ("Executive Report") shall employ graphs and charts summarizing the scores of all testpoints and make comparative analysis of the test results to the minimum standards found in the franchise and the current CFR 47 Part 76 (FCC) Rules and Regulations. 6 25D-8