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HomeMy WebLinkAbout1977-06-07; City Council; 3549-2; Contract Services of Cable Television ConsultantCITY OF CARLSBAD J0tAGENDA BILL NO. <& O *f 7 ^ AZ*&6JbU**Ju£? *\^ Initial: Dept.Hd. DATE: June, 1977 DEPARTMENT: CITY MANAGER C. Mgr. j\ I Subject: PROPOSED CONTRACT FOR SERVICES OF CABLE TELEVISION CONSULTANT Statement of the Matter ALTA CALIFORNIA SYSTEMS, Inc. delivered its Phase I Report to the City Council on May 24, 1977. Attached is the proposed contract for Phase II for City Council consideration and action. Phase II will complete the review and evaluation of cable tele- vision franchise applications. Exhibit 1. ACSI Proposal, Phase II 2 . Standard City Consultant Contract 3. Resolution No. *f//jU, authorizing contract with ACSI 4. Resolution No. ^/^ , authorizing a transfer of funds. Council action 6-7-77 Resolution #5112 was adopted, authorizing City Manager to contract with Alta Systems of California, Inc. for Cable Television Consultant Services. Resolution #5113 was adopted, authorizing the expenditure of funds for Cable Television Consultant Services. CITY OF CARLSBAD MEMORANDUM DATE : June 7, 1977 TO : City Manager FROM : Assistant to the City Manager SUBJECT: Phase II, CABLE TELEVISION CONSULTANT CONTRACT Acknowledging that it is the intent of the City Council to award cable television franchises as soon as possible, the following is recommended. That Alta California Systems, Inc. be hired as a cable television consultant to complete 'Phase II1 in the evaluation of franchise proposals. 'Phase II' will provide the following results to the City Council. 1. Reccranendations to whom franchises should be granted; these recommenda- tions to be made as a result of an evaluation of proposals which have been submitted. 2. Recomrnendations as to the conditions under which francises should be granted to specifically include the following subjects. a. Franchise area to be served by La Costa Antenna System, Inc. b. Ultimate disposition of existing ccmnunity antenna systems as they relate to franchises granted. c. Requirements for educational access channel allocation within franchised systems. d. Requirements for interconnection of cable systems franchised within the city. e. Technical standards which will be required for interconnection of franchise cable systems within the city. f. Recommendations as to fees to be required of franchised systems within the city. g. Recommendations of rates which should be established for franchised systems within the city. 3. Recommendations stating which portions of Ordinance No. 6055 should be changed to permit the above conditions to be met. 4. Recommendations as to content of a franchising ordinance. 5. Attendance of A.C.S.I, representatives at public hearings in which franchise will be granted. The cost of the above services would not exceed $7,715. The above services and costs have been discussed in detail with A.C.S.I. and agreed to. In an effort to expedite the franchising procedure, initial meeting with school districts have been held and other meeting scheduled with franchise applicants. A copy of the consultant's proposal is attached and will be drafted in a standard city contract format by the City Attorney. JEROME N. PIETI 3P/VS PLANNING, DESIGN AND MANAGEMENT CONSULTING SERVICES June 6, 1977 Mr. Paul D. Bussey City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California Dear Mr. Bussey: This letter is intended to formalize and confirm the agreement for consulting services between Alta California Services, Inc. (ACSI or Consultant) and the City of Carlsbad (City or Client) pursuant to our completion of Phase I May 24, 1977 and Council's request for Phase II proposal. Providing the terms and conditions of this agreement are satisfactory to the City, please sign this letter on the indicated line and return to ACSI. A copy is provided for City records. Background Review ACSI was retained by the City of Carlsbad to provide technical expertise to City staff and Council in the complex area of Cable Television (CATV). The initial phase of the engagement, a Benchmark Study, has been completed and presented to Council May 24th, 1977. Pursuant to Council's direction at that meeting, this proposal has been prepared. The purpose of Phase I was to establish the basic feasibility of a Carlsbad CATV system and a reference point against which the existing three franchise applica- tions can be evaluated. Summary It is the intent of the City Council to award cable television franchises as soon as possible. In order to do this, ACSI has developed this proposal for Phase II to assist the City in determing to whom and under what conditions franchises should be granted. The following is a summary of the minimum recommendations ACSI proposes to provide to the City Council: 3OOO SAND HILL ROAD, MENLO PARK, CALIFORNIA 94-O25 (415) 854-7O3O Mr. Paul D. Bussey Page 2 June 6, 1977 1. Recommendations as to whom franchises should be granted. These recommendations to be made as a result of an evaluation of proposals which have been submitted. 2. Recommendations as to the conditions under wh ich franchises should be granted to specifically include the following subjects: a) Franchise area to be served by La Costa Community Antenna Systems, Inc. b) Ultimate disposition of existing CATV/MATV systems as related to the franchises granted. c) Requirement for educational access channel allocations within franchise systems. d) Requirements for inter-connection of cable systems franchised within the City. e) Technical Standards which will be required for the inter- connection of franchise cable systems within the City. f) Recommendation as to fees to be required of franchise system within the City. g) Recommendations of rate which should be established for franchise systems within the City. 3. Recommendations stating which portions of Ordinance 6055 should be changed to permit the above conditions to be met. 4. Recommendations as to the content of the franchise Ordinance. 5. Attendance of ACSI representatives at a public hearing in which franchises will be granted. Scope of the Engagement 1. ACSI shall meet with appropriate representatives of the various school districts in Carlsbad at two meetings scheduled by the City Manager. The purpose of the first meeting shall be to explore the current events Mr. Paul D. Bussey PageS June 6, 1977 and trends in the educational use of CATV and how these might apply to Carlsbad. ACSI shall research the subject and provide appropriate bibliography. The second meeting shall be held to finalize a policy/ program package for Council's use to "further consider" franchise applications. 2. ACSI shall meet with appropriate representatives of the franchise applicants and appropriate City staff at two meetings scheduled by the City Manager. The purpose of the first shall be to discuss the policy/ program needs of the school districts and the amended franchise appli- cations which have been requested by the City. The purpose of the second meeting shall be to finalize the terms and conditions offered by the applicants, and used in the recommendations to Council. ACSI shall receive policy guidance from the City Manager during this process. 3. ACSI shall develop a "trade-off mechanism" or means to objectively evaluate the amended terms of the three applications. The applications shall be evaluated by this algorithm and recommendations formulated. These recommendations shall be presented in writing to City Council. Among the issues to be addressed in the algorithm shall be: a. The ability of the systems to interconnect for total City communication. b. The development of uniform standards to apply to both systems. c. The issue of whether or not a franchise fee should be collected, and if so, how much, and the uses to which the funds should be applied. d. The issue of the City's ability to regulate rates charged to subscribers. 4. ACSI shall meet with appropriate City staff to formulate proposed changes in Ordinance 6055 which will accommodate the conditions and requirements worked out during the meetings. ACSI will also develop a series of specific features which will be proposed for inclusion in the franchise. The City Attorney shall be responsible for the format and language with which these recommendations are included in both documents. Mr. Paul D. Bussey Page 4 June 6, 1977 5. A representative of ACSI shall attend the public hearings at which a franchise will be granted. Two different hearings have been assumed as a contingency. Schedule The following tentative schedule has been agreed to by ACSI and the City Manager's Office: June 1 First meeting with school districts June 7 Propose Phase II to Council June 8 Second meeting with school districts First meeting with CATV applicants June 22 Second meeting with CATV applicants July 26 Presentation of recommendations to Council Public Hearings to be scheduled. Because of the necessity of prompt action in order to meet the time frame requested by Council, the June 1 meeting was verbally authorized by the City Manager. Compensation for ACSI's Services ACSI estimates that the three basic Phase II services to be provided (as identified above) shall require the following maximum number of man days: Task Number and Description Maximum Man Days 1. Meet twice with school districts. 4.0 Prepare policy/program package. 2. Meet twice with CATV applicants,. 4.5 Assist in staff negotiation . 3. Prepare trade-off mechanism. 8.5 Prepare written recommendation and submit to Council. Mr. Paul D. Bussey Page 5 June 1977 4. Ordinance and franchise 3.0 recommendations. 5. Public hearings 2.5 ACSI estimates that the Phase II services proposed herein shall require a maximum of 22.5 man days according to the tasks identified herein. ACSI's professional fee shall not exceed $6,835. without the express written authorization of the City. ACSI's personnel shall be billed at the following rates for the services defined herein: Senior Consultants $320/day Associate Consultants $280/day Managing Associate $150/day Report Typist $ 80/day Reimbursable Expenses In addition to the Professional Fee, the City shall reimburse ACSI for expenditures made by personnel of ACSI (at cost) in connection with the performance of the services identified herein. These expenses assume six round trips for ACSI personnel, 3 days on-site to conduct meetings and presentations, and cost for seven copies of the written report. Reimbursable expenses shall not exceed $ for Phase II tasks and shall be limited to the following: a) Expense of living and transportation when traveling $720 b) Expense of long distance telephone calls $ 60 c) Expense of reproducing all documents and graphics $100 Total Expense The total expenditure authorized under this proposal is $7,715.($6,835 professional fee and $880 reimbursable expense.) Mr. Paul D. Bussey Page 6 June 6, 1977 It must be emphasized that the scheduling and expense assumptions are predicated on complete accomplishment of objectives during each trip. ACSI warrents that personnel rates specified herein will be effective throughout this engagement. If additional trips are required or additional work done outside the scope of this proposal, it must be explicitly authorized by the City Manager or City Council. Payments to ACSI ACSI shall bill the City for all services and reimbursable expenses on a monthly basis for services rendered during the previous calendar month plus all reimbursable expenses incurred during the same period. Payment shall be made, in each instance ,, within 15 days of receipt by the City of ACSI's invoice in proper form. Invoices shall be in duplicate and shall include itemization clearly showing the individual amount of each item of service or reimbursable expense consituting the amount invoiced. Client's Responsibility The City shall: a) Designate to ACSI in writing the representatives authorized to act for it under this agreement; b) Assist ACSI in arranging meetings necessary to conduct the services herein; and c) Examine documents submitted by the Consultant, render decisions, and advise ACSI as promptly as possible to avoid unreasonable delay in the progress of ACSI's work. ACSI's Professional Status ACSI accepts the relationship of trust and confidence established between it and the City by this Agreement. ACSI convenants with the City to exercise its best professional skill and Judgment in furthering the interest of the City during the performance of the services hereunder. Mr. Paul D. Bussey Page 7 June 6, 1977 Submitted by: CONSULTANT Accepted by: CLIENT ALTA CALIFORNIA SERVICES, INC. (ACSI)CITY OF CARLSBAD, CALIFORNIA BY Title: 1 2 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE CITY MANAGER TO CONTRACT WITH ALTA SYSTEMS OF CALIFORNIA, INC. FOR CABLE TELE- VISION CONSULTANT SERVICES. WHEREAS, the City of Carlsbad has received applications for cable television franchises; and WHEREAS, it is the intention of the City to use a consultant, Alta Systems of California, Inc., to review, evaluate and report on these applications; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: 1. That the above statements are true and correct; 2. That the City Manager is hereby directed and authorized to contract with Alta Systems of California, Inc., for cable television consultant services as described in the attached contract. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 7th day of June 1977, by the following vote, to wit: AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and Councilwoman Casler NOES: None ABSENT: None ROBERT C. FRAZEE, Ma^br ATTEST: MARGARET E. ADAMS, City Clerk (SEAL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5113 A •RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR CABLE TELE- VISION CONSULTANT SERVICES. BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the expenditure of , 7,715.00 dollars from the General Fund Balance for cable television consultant services is hereby authorized and approved. 2. That Department of Finance Fund Transfer No. 51 in a form on file in said department and incorporated by reference herein is approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 7th day of June , 1977, by the following vote, to wit: AYES: NOES: ABSENT: None Councilmen Frazee, Lewis, Packard, Skotnicki and Council woman CaslerNone ROBERT C. FRAZEE, Mayor ATTEST: E. ADAMS, City Clerk (SEAL)