Loading...
HomeMy WebLinkAboutMINUTES - 05181999 - C90-C94 J TO; BOARD OF SUPERVISORS `. .� 'it Contra. FROM: Phil Batchelor ,.,, Costa Executive Director "` ourn[`y' R DATE: May 18, 1999 SUBJECT: Economic Development Project Manager SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION REC MMENDATI{ APPROVE and AUTHORIZE the Deputy Director - Redevelopment to execute a six month contract with Emmanuel R. Ungson for Economic Development Project Manager Services in an amount not to exceed $45,000. FISCAL IMPACT_. This contract position will not involve General Funds. The contract position will be funded from Special Revenue Account 9595-2319, which is available solely for housing, community development and economic development purposes. BACKGROUNDIREASONS FOR RECOMMENDATIONS The Board of Supervisors has a desire to affirmatively address economic development issues. The County established a Redevelopment Agency in the 1980's, and expanded the number of project areas to five; has allocated 15% of the annual Community Development Block Grant fund to economic development; has established a non-profit economic development corporation, and has been a major participant in the formation and funding of the Contra Costa Economic Partnership. These many diverse initiatives can be better coordinated and implemented, and evolved to a more formidable level, by retaining an Economic Development CONTINUED ON ATTACHMENT; YES SIGNATURE: RECOMMENDATION OF EXECUTIVE DIRECTOR f ECOMM !)IDATION O3 / AGENCY COMMITTEE APPROVE OTHER i l t' { SIGNATURE(S), ACTION OF BOARD ON may8, iggg _ APPROV6 AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A _X UNANIMOUS (ABSENT Nonce ) TRUE AND CORRECT COPY OF AN AYES: NOES; ACTION TAKEN AND ENTERER ON THE ABSENT; ABSTAIN; MINUTES OF THE BOARD OF SUPERVISORS ON TIME DATE SHOWN, Contact: Jim Kennedy 335-1255 ATTESTED Ma �, 1292 cc: Community Development PHIL BATCHELOR, COUNTY ADMINISTRATOR County Administrator AND CLERK OF THE BOARD OF SUPERVISORS County Counsel Via Community Development BYE ' . - ._ , DEPUTY Emmanuel R. Ungson .fK_iar)�.d<rLi'aa�6:'1)SI�`-.ut�scxt.i;s Project Manager. This position will supplement and coordinate with the activities the County is currently undertaking in the economic development area, and create additional capacity of the County in the areas of business retention, business assistance. The primary focus of this position will be on enhancing the job/tax base of the unincorporated County. -r- I o date the contractor completed a Business Retention Program, which included identifying small businesses that are "at-risk" of leaving the unincorporated County; developed marketing plans and materials; and developed criteria and procedures for economic development financial assistance programs. The work program contemplates the development of a response program for businesses identified as "at- risk" of leaving, implementation of additional marketing elements, and reactivation of Contra Costa Resources Development Corporation, a non-profit economic development corporation created by the County in the early 1990's to undertake economic development activities in the unincorporated County communities. TO: BOARD OF SUPERVISORS Contra Costa�... FROM: GARY T. YANCEY County DATE: '\clay 3, 1999 SUBJECT: Approval of Contract between District Attorney, Family Support Division and Brenda Lundy SPECIFIC REQUEST(S)OR RE,COMNIENDATIONS&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: Approve and authorize the District Attorney to execute, on behalf of the Family Support Division, a service contract with Brenda Lundy for services as a Network Analyst for the period from July 1, 1999 through June 30, 2004, at a total cost not to exceed $82,960.00 (revenue offset), FINANCIAL IMPACT: NOME. There is no net County cost associated with the approval of this request. The total cost is covered by 66% Federal funding and 34% SEW (Support Enforcement Incentive Funding). This position has been budgeted for in the 1999-2000 budget. REASONS FOR RECOMMENDATIONS/BACKGROUND: Our existing contract for a temporary network analyst is about to expire. The Family Support Division's use of computer technology has increased significantly in the last year. This increase has resulted in a much more complex network that requires continued additional network support. In addition, to the existing;environment of over 200 computers and staff', computers at four Social Service locations and the court have been added to the network in the past year. Two network servers and a second network operating system have also been added. Numerous software applications have been implemented as well. CONSEQUENCES OF NEGATIVE ACTION: Failure to approve this request would leave the District Attorney Family Support Division without adequate computer systems support. This lack of support would increase the time needed to resolve problems with existing technology, reduce staff'efficiency, and impact the ability to implement additional technologies. CONI IAI°iJED ON ATTACI-IIv9ENT: S S IGNA','URE RECOMMEAII7ATION OF COUNTY ADMTNISTRATOR y RECOMMENDATION OF BOARS`COI MM a ME � s APPROVE OTHER ACTION OF BOARD ON Z a y 1 — _ _APPROVED AS RECOMMENDED X OTI�3R VOTE OF SUPERVISORS I HEREBY CE T iFY T HAT THIS IS A TRUE X UNANIMOUS(ABSENT Nod?- } AND CORRECT COPY OF AN ACTION TAKEN AYES: _NOES:_ AND ENTERED ON THE MIN(ITES OF'I'I-SE BOARD ABSENT: ABSTA N: OF SUPERVISORS ON THE DATE SHOWN. ATTESTEL7.__? �. 18, 1999 Contact: PHIL,BAT RELOR,CLERK OF THE BOARD OF cc: Gayle Graha n,Dir.,DAPS(314220) SUPERVISORS AND COUNTY.AM5NISTRATOR Auditor Controller DA Family Support,Attn.:Fred McWilliatt s Distni t Attorney,Ate.:Renbe Goldstein CAO-Justice,Attn.:George Roemer BY /` P< J��✓✓G�✓ DEPUTY TO: BOARD OF SUPERVISORS ��s FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR DATE. March 1, 1993 SUBJECT: Agreements with cities for a consultant to provide cable franchise renewal services. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECO ENDA`IeION S): APPROVE the"Consultant Services Agreement"(Attaclunent A)between Contra Costa County,the Cities of Antioch, Clayton, Concord, Danville, Lafayette, N4artinez, 3)4oraga, Orinda, Pleasant 10, Richmond,Walnut Creek and faller&Van Eaton,L,L,P. for professional services includes a Community Deeds Assessment,evaluation of a draft Teleconmiunications,Ordinance, development of a negotiation strategy for renewals with TCI systems and (Optional) implementation of the negotiation strategy,and AUTHORIZE the Count-.a Administrator or his designee to sign the"Consultant ServicesAgreement'and pay the County's portion as designated on the"Apportionment of Consultant Pee under Devised,Miller& Jan Eaton Proposal"(Attachment l3). APPROVE the"Agreement for Centralized Payment of Calle Consultants"(Attachment C)to allow the City of Walnut Creek to act as a conduit for payments from the local jurisdictions to'_iller&Van Eaton, L.L.P. for the above"Consultant Services Agreement";and AUTHORME the County Administrator or his designee to sign the"Agreement for Centralized Payment of Cable Consultants". FINA Cly ACT: Costs , not to exceed $46, 157, will be advanced by the County Administrator's Office. TCl Cablevision system will be requested to cover these costs as part of renewal expenses and in lieu of doing individual needs assessment surveys. Staff expects thin to pay these cons in whole or in part. CONTINUED ON ATTACHMENT. r YES SIGNATURE IK RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION of BOARD COMMITTEE APPROVE —OTHER SIGNATURE(S), ACTION OF SCAID CN �6L14 � � j _€ APPROVED AS RECOMMENDED OTHER VOTE of SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS(ASSENT TRUE AND CORRECT COPY OF AN AYES: NOES, ACTION TAKEN AND ENTERED ABSENT. ABSTAIN: ON MINUTES OF THE BOARD of SUPERVISORS ON THE DATE SHOWN. ATTESTED 1,r1f i PEAL.BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact cc:Cable TV Admini sor C!y c4 wainut Crack Ey �' r b" tDEPUTY 9 Over the past several years TC1 has purchased most of the cable television. systems in Contra Costa County. The cable television franchise agreements between cies and TCl will expire in the following years: Q11 Franchise EViratio QV Franchise iratiorr Antioch 2009 Martinez 2002 Concord 2003 Moraga 1999 Contra Costa County 1999-2003 (multiple systems) Or inch 1999 Danville 2031 Pleasant Hill 2€02 Hercules 2408 'walnut Creek 2001 Lafayette 2002 In order to inakinwe resources and provided a united front when dealing with TCl in the renewal process, staff from the County and the Cities ofAntioch,Clayton,Concord,Danville,Lohyette,Martinez,Moraga, Orinda,Pleasant Hill,Richmond,and'Walnut Creek issued a joint RFP to determine the cost and feasibility of working together on a joint renewal process The renewal process requires considerable preparation prior to entering into renewal negotiations. The RFP requested the consultant perform six tasks: * Task I Needs Assessment The purpose of the needs assessment is to provide a framework for examining the potential future cable television needs of the population. Current and p jected technological capabilities�ill be examined with the goal of linking the creeds of the population to these capabilities. * Task H Devise Community Input Plan This is the public input component of the study, which may include surveys, foes groups, and public forums. * Task III Implement Community Input Plan implementation of Task 11. * Task IV Review Draft Telecommunications Ordinance The cities and County have compiled a model draft Telecommunications Ordinance,which is gently circulating for industry review. This Task requests expert assessment of the draft and its rale in the franchise renewal process. * Task V Negotiation Strategy Based on the results of the needs assessment, corn murAty input, and review of the Draft Telecommunications Ordinance,the consultant will propose a.strategy to negotiate the renewals of the various City and County cable television franchises. The goal is to negotiate a franchise the,willl address the needs of all participating cities. As needed, the franchises of individual jurisdictions may include provisions speck to each community. The franchising autonomy of individual jurisdiction will not be altered by this effort. Task V1 hnplement Negotiation Strategy It is anticipated this Task will require 18 months to conclude negotiations for all participating jurisdictions. -2- The RFP was sent to 13 consultants on August 31, 1998. Several consultants notified the cities that they are unable to respond due to work commitments through next Spring. The proposal due date was extended one month from October I to November I because feedback from consultants indicated-they are very busy=and more time was needed to compile responses. By early November only one RFP response was received,a.joint proposal by the lav fern offer&Van Eaton and the Buske Group(Attachment I?). Follow-up with several consultants confirmed that work is plentiful and the companies specializing in this work are presently"booked booked up". The ATT/TCI proposed merger is one factor in this,the general rapidly changing telecommunications landscape is also keeping consultants fully employed. ?although it is disappointing to receive only one proposal,the team which proposed is highly regarded. Background checks of the recent work of these firms has produced excellent references. The team ofMiller&Van Eaton and the Ruske Group have quoted a cast range of $124,200-$147,500 to conduct the six tasks. This quote does not include travel and administrative overhead and it does not include two optional tasks that would cost$6,000--$7,500 . It is estimated the total project cost Arill not exceed$ 378,250($355,000 x 15%overhead=$178,250). Staff from the Cities and County have discussed sharing assts on the basis ofthe number of cable television subscribers in each jurisdiction. TCI has 50,€00 subscribers in unincorporated Contra Costa County, of 26%of the 190,382 subscribers represented. The County's share of the project cast should not exceed $46,157. This assumes the City Councils of the eleven cities and the Board of Supervisors will approve participation in the project. Over the past several years, TCI has purchased most of the cable television systems in Contra Costa County. The need to act together,"with one voice'is more pressing now that TCI has expanded its local cable holdings. By participating in this study and resulting negotiations, the County will maximize resources,working together with our neighbors to present a.wed front when dealingMth TCI on cable franchise renewal issues, Staff recommends approval of the"A.greernen&'. Attachments A-I3 Attachment A � t CO1`vSULTANT SERVICES AGREEMENT This Agreement is entered into by and between the COUNTY OF CONTRA COSTA, the CITIES OF ANTIOCH, CLAYTON, CONCORD, DANVILLE, LAFAYETTE, MARTINEZ, MORAOA, ORINDA, PLEASANT HILL, RICHMOND, and WALNUT CREED.. (all of which shall be referred to collectively as the "Agencies") and MILLER& VAN EATON, L.L.P., ("Consultant"), effective April 19, 1999. RECITALS A. The Agencies desire to contract for professional services for the TCI Cabe Franchise Renewal process which includes the following components: Community Deeds Assessment, Evaluation of Draft Telecommunications Ordinance, Development of a Negotiating Strategy, and(Optional) Implementation of the Negotiation Strategy. B. Consultant desires to perform such professional services under agreement with the Agencies. NOW, THEREFORE, in consideration of the terms and conditions contained herein,the Agencies and Consultant agree as follows: AGREEMENTS 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the professional services specified in the attached project workplan dated February 12, 1999, and completed according to the attached project timetable. 2. Payment (a) Consultant's fees for Professional Services shall be based on the time spent to provide the services. In addition to paying Consultant's fees, the Agencies shall reimburse Consultant for travel costs and other expenses incurred in connection with providing the Professional Services. The Consultant shall bill the Agencies monthly for Professional Services at its regular hourly rates for municipal and non- profit clients. Travel costs and other expenses shall be separately itemized on each monthly invoice. Consultant's invoices shall be paid by the Agencies within 30 days of receipt, except that Agencies shall retain 10% of the payment due for Professional Services each month ("Retention"). Each invoice shall identify the amount of the invoice that is attributable to each Task of the workplan, and the Retention for each invoice shall be allocated accordingly. The Retention attributable I to each.Task shall be due and payable in full to Consultant within 30 days of notification by Consultant and acceptance by the Agencies of completion of each of the following specific milestones: • conduct the Community Needs Assessment described in Tasks I, 11, and III in the workplan, and present and deliver final report on this part of the project; • evaluate the draft Telecommunications Ordinance as described in Task.IV in the workplan and provide written revisions; m develop a strategy for entering negotiations with TO and other cable providers as described in Task V of the workplan and provide a written franchise agreement that will serve as the basis for negotiations • at the group's request and direction, assist with the franchise renewal negotiation process as described in Task VI in a form to be determined. The payment schedule above reflects estimated project costs ranging between $130,200 and$155,000 plus reimbursement of travel and administration expenses estimated not to exceed 15%--total nest-to- exceed $178,250. Travel and administration expenses billed by Consultant for reimbursement shall not be subject to Retention. (b) Additional Services. Any additional services required beyond those set forth in this Agreement shall be performed only if mutually agreed to in writing by the Agencies and Consultant. (c) Payment shall be processed by the Agencies as described in the attached, "Agreement for Centralized Payment of Cable Consultants". 3. Responsible Personnel. In performing the services under this Agreement, Consultant shall use the personnel listed in Exhibit A attached hereto and made a part hereof by this reference. Changes in project personnel may only be made with Agencies' written consent, and Consultant shall notify Agencies in writing at least fifteen(15) days in advance of any proposed change. Any person proposed as a replacement shall possess training, experience and credentials comparable to those of the person being replaced. In the event that the Agencies, in their sole discretion, at any time during the term of this Agreement, desire the removal of any person or persons assigned by Consultant to perforin services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice thereof from the Agencies. 4. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. n L 5. Independent Contractor. Bath parties understand that Consultant, its agents, employees and independent contractors are and shall at all tunes remain as to the Agencies wholly independent contractors. Neither the Agencies nor any of their officers or employees shall have any control over the manner by which the Consultant performs this Agreement and shall only dictate the results of the performance. Consultant shall not represent that Consultant or its agents, employees or independent contractors are agents or employees of the Agencies. Except as the Agencies may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of the Agencies in any way whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement, to bind the Agencies to any obligation whatsoever. 6. Termination. The Agencies may terminate this Agreement at any time without cause immediately upon giving Consultant written notice of such termination. Upon receipt of such notice and if requested to do so by the Agencies, Consultant shall stop work at the stage directed by Agencies and shall deliver all drawings, specifications and documentation developed as of said stage. Consultant shall accept as full payment for services rendered to the date of termination a pro rata share of the total contract payment based on the portion of work actually performed. 7. Indemnification. Consultant shall indemnify, defend, and hold harmless the Agencies and their officers, officials, agents, employees and volunteers against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of or connected with the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors except where caused by the active negligence, sole negligence, or willful misconduct of the Agencies. 8. Insurance. Consultant shall procure and maintain at its sole cost for the duration of this agreement the following insurance: a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office from.number GL0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GI, 0404 covering Broad Form. Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). 3 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 4. Errors and omissions liability insurance appropriate to Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain policy limits of no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury,personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code and Employers Liability limits of$1,000,000 per accident. 4. Errors and Omissions Liability: $1,000,000 per occurrence. C. deductibles and Se f lnsured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Agencies. At the option of the Agencies, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agencies, its officers, officials, employees and volunteers; or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The policies shall contain, or be endorsed to contain, the following provisions: 4 1. General Liability and Automobile Liability Coverages. (a) The Agencies, their officers, officials, employees, agents and volunteers are to be covered as insured as respects. liability arising out of activities performed by or on behalf of Consultant;products and completed operations of Consultant, premises owned, occupied or used by Consultant; or automobiles owned, leased, fired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Agencies, their officers, officials, employees, agents or volunteers. (b) Consultant's insurance coverage shall be primary insurance as respects the Agencies, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Agencies, their officers, officials, employees, agents or volunteers shall be excess of Consultant's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Agencies, their officers, officials, employees, agents or volunteers. (d) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Agencies, their officers, officials, employees and volunteers for losses arising from work performed by Consultant for the Agencies. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days'prior written notice by certified mail, return receipt requested, has been given to the Agencies. e. 4cceptabzlity oaf Insurers Insurance is to be placed with insurers with a Best's rating of no less than ANII. 5 f. Verification of`C'overage. Consultant shall furnish the Agencies with certificates of insurance and with original endorsements effecting coverage require by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the Agencies before work commences. The Agencies reserves the right to require complete certified copies of all required insurance policies, at any time. 9. Safety and Accidents. Consultant shall comply with all laws and industrial safety standards. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Consultant shall immediately notify the Agencies' Risk Manager by telephone. 10. Ownership of Documents. All documents developed or obtained by Consultant in the performance of the Agreement shall be deemed to be the property of the Agencies/County. 11. Notice. Any notice to be given under this Agreement shall be given by enclosing the same in a sealed envelope, first-class postage prepaid and depositing the same in the United States mail, addressed to the party at the following address. AGENCIES: CONSULTANT: City Manager's Office Miller& Van Baton, L.L.P. Attn: Lorie Tinfow Attn: Mr. Matt Ames City of Walnut Creek 1155 Connecticut Ave.,N.W. P.G. Box 8039 Suite 1000 Walnut Creek, CA 94596 Washington, D.C. 20036 12. Assignment. This Agreement contemplates the personal services of Consultant and its employees and it is understood by both parties that a substantial inducement to Agencies for entering into this Agreement was, and is, the professional reputation and competence of Consultant. Neither Consultant nor Agencies shall assign or otherwise transfer this Agreement or the rights or obligations hereunder. 13. (qualifications. Consultant represents that it and its employees are fully qualified to perform the services under this Agreement. Consultant represents and warrants to the Agencies that Consultant has, and at all times during the performance of this Agreement shall maintain, all 6 licenses, permits, qualifications and approvals of any nature which are required for Consultant to practice Consultant's profession. 14. Time of the Essence. Time is of the essence in the performance of the services under this Agreement. All time deadlines shall be strictly construed unless all parties mutually agree to adjustments. 15. Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All products which Consultant delivers to Agencies pursuant to this Agreement shall be prepared in a substantial, first-class, and workmanlike manner, and conform to the standards of quality normally observed by a person practicing in Consultant's profession. The Agencies shall be the sole judge as to whether the product of the Consultant is satisfactory. 16. Prohibited Interests. No officer or employee of the Agencies shall have any direct financial interest in this Agreement. This Agreement shall be voidable at the option of the Agencies if this provision is violated. 17. Public Endorsements. Consultant shall not in its capacity as a consultant with Agencies publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Agencies' governing boards. In its Agency consultant capacity, Consultant shall not publicly attribute dualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely-accepted scientific basis for such claims or without the prior approval of the Agencies' governing board. In its Agency consultant capacity, Consultant shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Consultant is not publicly endorsing a product, as long as the Consultant's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Agencies. Notwithstanding the foregoing, Consultant may express its views on products to other consultants, the Agencies' governing board, its officers, or others who may be authorized by the Agencies'governing board or by law to receive such views. 18. Governing Law. This Agreement shall be governed by California law. Any action to enforce or interpret this Agreement shall be brought in a court of competent jurisdiction in Contra Costa County, California. 19. Counterparts. This agreement may be executed in multiple counterparts, each of which shall be deemed an original but all of which, taken together, shall constitute one and the same agreement. 7 f4 Z AY-11-199 15:09 FP01 OO TRA COSTA TEL UISiON �O 51096 P.02/02 20. Entire Agreement. This Agreement is the Mire Agreement between the parties and supersedes all prior negotiations,representations, or agreements, whether written or oral. This Agreement may be amended only by written agreement signed by both parties, CONSULTANT: COMPANY: , BY: MATTHEW C, AMES TITLE: ATTORNEY Subscribed and sworn to before me this 28th ,, �y � a. pr��999. Notarized by: Gillette A. Bill. Notary Public 4 30 Signed by Date CITY OF WALNUT CREEK CITY MANAGED. Signed by bate CONTRA COSTA COUNTY COUNTY ADMINISTRATOR Signed by M�yq /�� Date CIT A (3/y�F ANTIOC14 y lT`Y NL AGER Signed by Date CITY OF CLAYTON C'TY"MANAGER. Signed by Bate CITY OF CON'COP D CITY MANAGER Signed by Date CITY OF DAN'ltILLE CITY MANAGER. Seed by Date CITY OF LAFAYET T E CITY MANAGER 8 TOTAL P.O2 Signed by Date CITY OF MARTINEZ CITY MANAGER Signed by Date CITY OF MORAGA CITY MANAGER Signed by Date CITY OF ORINDA CITY MANAGER Signed by Date CITY OF PLEASANT HILL - CITY MANAGER Signed by Date CITY OF RICHMOND CITY MANAGER Reviewed by: Paul Valle4tiestra Assistant City Attorney, City of Walnut Creek Approved as to form.: David f. chmidt Deputy County Counsel, County of Contra Costa 9 0ch P. In c7N Ln f^ 00 Ln CD C) 0 C3 0 C) V--q Ln "-I Ln rn C4% . . . . . C) C) (D C) 0 In 00 N 0 6q fr) 6q V'q 4q �bO4 T-4 `4 Le) In C) ��4 CA r-, T-4 .6q '401)-, bq t-pq 4q -bq T-4 4q 14 Y-4 T 4 T--q 6q 404 -Izq 44 64 0 0 C) r-, UCa Ln "o N 00 C) 0 (D (D C) 0 -ID C) 0 1 (D C) 0 0 0 C) C> (D C) 0 C3" oc en 0 0 C) e+" eeN #oq 6q .60� ".4 C) T-4 04 VT (D CN ON os, tn 1-t Q 4-j 6q � i0l). ont -raq 4-A Ln fn r4*) M ct 0 (D 0 0 a 14- C)C5 Lt-) C) C) (D o C5 Lr) t^ Cq to Lr) V-4 4n i C) 00 C (D (D (D cs (D 0 ti C) CD t14 (D C) rn (Z) all oC) In r4 0 t-4-4 rl ed 14� 14-4 bZ r t4 6JO > ct Attachment C AGREEMENT FOR CENTRALIZED PAYMENT OF CABLE CONSULTANTS This Agreement is entered into by and between the County of Contra Costa, the Cities of Antioch, Clayton, Concord, Danville, Lafayette, Martinez, Moraga, Orinda, Pleasant Hill, Richmond, and the City of Walnut Creep (all of which shall be referred to collectively as the "Agencies") on April 19, 1999. RECITALS A. An affiliate of Tele-Communications, Inc. (TCI) provides cable television service within the jurisdiction of each Agency pursuant to a franchise granted by each Agency, E. The Agencies desire to cooperate in the development of a model telecommunications ordinance and in franchise renewal negotiations with TCL In particular, the Agencies desire to jointly retain consultants to assist in reviewing a draft telecommunications ordinance and assist in the franchise renewal process. This type of cooperation offers numerous advantages, including increasing negotiating leverage with TCI, creating economies of scale in contracting with consultants, increasing the quality of telecommunications services through the increased potential for region-wide telecommunications projects and reducing the regulatory burden on region-wide cable and telecommunications companies by fostering more uniformity among local regulations. C. The Agencies, through an informal association of staff responsible for cable television matters, issued a Request for Proposals for cable television consultants. As a result of that process, the Agencies selected a team consisting of the Miller & `Tan Eaton law firm., The Ruske Croup and Croup W `collectively the "Consultants"). D. Roughly concurrently with this Agreement, the Agencies are entering into an Agreement with Miller & Van .Eaton, The Ruske Croup and Croup W (the "Consultant Services Agreement"). The Consultant Services Agreement provides for the City of Walnut Creek to act as the conduit for payments to Miller & Van Eaton, i.e., the City of Walnut Creep will collect the proportionate share of each bill from each Agency and forward it to the consultants. The purpose of this Agreement is to establish this collection and payment process. AGREEMENTS In consideration of the terms and conditions of this Agreement, the parties hereto agree as follows: 1. Payments to Walnut Creek. Upon receipt of each invoice from the Consultant pursuant to the Consultant Services Agreement, the City of Walnut Creek ("Walnut Creep") shall send a copy of the invoice to each Agency together with a statement of that Agency's proportionate share of the amount due. Each Agency's proportionate share shall be Agreement for Centralized Payment of Cable Coordinators—Page 1 determined in accordance with the schedule attached hereto as Exhibit A and incorporated herein. Each Agency shall pay Walnut Creek the Agency's proportionate share within thirty (30) days after receipt of the invoice and statement from Walnut Creek. 2. Payments to Consultants. Upon receipt of the payments from the other Agencies, Walnut Creek shall pay the Consultants the amount due. Walnut Creek shall not be responsible for any proportionate share which has not been paid by any of the other Agencies. If any Agency fails to make any payment to Walnut Creek as required by this Agreement, that Agency shall be responsible for any late fees under the Consultant Services Agreement caused by such failure. Walnut Creek shall not be responsible for the accuracy of any of the ConsSaltants' invoices or for the performance or non-performance of the Consultant Services Agreement by the Consultants. 3. Limit on Total Cost. Each Agency's cumulative proportionate share of the cost of the Consultants' services under the Consulting Agreement shall not exceed the amount specified for that Agency in Exhibit A without the consent of such Agency, In the event the Consultants suggest that additional services are needed beyond those specified in the Consulting Agreement, the Agencies will meet in good faith to consider an amendment to the Consulting Agreement. However, no Agency shall be obligated to agree to such an amendment. 4. Additional Services to individual Agency. The Consulting Agreement provides for certain services that are shared by and of mutual benefit to all of the Agencies. If any Agency desires that the Consultants provide additional services for that Agency, the Agency shall arrange for such additional services with the Consultants and shall pay directly for such services. 3. Termination. This Agreement may not be terminated except by either (1) the written agreement of all of the Agencies, or (2) the termination of the Consultant Services Agreement and payment of all outstanding amounts due thereunder. 6. Counterparts. This agreement may be executed in multiple counterparts, each of which shall be deemed an original but all of which,taken together, shall constitute one and the same agreement. Signed by Date CITY OF WALNUT CREEK CITY MANAGER Signed by Date CONTRA COSTA COUNTY COUNTY ADMINISTRATOR. Agreement for Centralized Payment of Cable Coordinators--Page 2 Signed by Date CITY OF ANTIOCH CITY'MANAGER Signed by Date CITY OF CLAYTON CITY MANAGER Signed by Date CITY OF CONCORD CITY MANAGER Signed by Date CITY OF DANVILLE CITY MANAGER. Signed by Date CITY OF LAFAYETTE CITY MANAGER Signed by Date CITY OF MARTINEZ CITY MANAGER Signed by Date CITY OF MORAGA CITY MANAGER Signed by Date CITY OF ORINDA CITY MANAGER Signed by Date CITY OF PLEASANT HILL CITY MANAGER Signed by Date CITY OF RICHMOND CITY MANAGER Approved as to form: David F. Schmidt Deputy County Counsel, County of Contra Costa Y LxAw©FFicEs OF MILLER & VAN EATON, P.L.L.C. MATTHEW C.AMES A PROFESSIONAL LmrrED LIABILITY CORPORATION WILLIAM R.MALONE FREDERICK E.ELLROC III 1155 CONIvECTIcur AVENUE, N.W. NICHOLAS R MILLE9 STEPHEN J.GUZ.ZETTA SUITE 1000 MARIA P.SILVERA WILLIAM L.LOWERY WASHINGTON, D.C. 20036-4306 iOSEPH VAN EATON INCORPCRAT;NG THE PRACTICE OF MILLER&NCL@ROOKL WWW.MILLERVANEATON.COM TELEPHONE(202) 785-0600 FAX(202) 785-1234 October 28, 1998 VIA_ELDERAL EXPRESS Lorle Tinfow City Manager's Office City of Walnut Creek 1666 N. Main Street Walnut Creek, CA 94596 Re: Contra Costa Telecommunications Coordinators CLoug Request for Proposals Regarding Cable Television Franchise Renewal Dear Ms. Tinfow: Miller&Van Eaton.P.L.L.0 conjunction with the BuskeGrou 3leased to submit this proposal for cable television renewal consulting services for Contra Costa County, California, and the communities within Contra Costa County,jointly(the"County"). This proposal commits to the County the services of a team of experienced professionals who have advised and advocated the interests of local governments for many years. Miller&Van.Eaton will be the primary contractor for this project, the Buske Group will subcontract to Miller&Van Eaton. As we understand it, the County is seeking assistance with respect to several upcoming cable television renewals with its principal cable provider, TC1. Miller&Van Eaton has substantial legal expertise and extensive experience working with local governments on cable renewals. Miller&Van Eaton and the Buske Croup have also worked together on several renewal projects, including several renewals of TCI franchises in California. The Buske Croup willconduct a thorough and complete needs assessment and analysis to allow t eou ty and each jurisdiction to maks the best incsrecTclecisi�ns wifffi r—egddci�orn�.n�chise renewal. Miller&Vin . atton-Wil supervise the project to take the lead in negotiations with TCI. Miller&Van Eaton is nationally recognized for its work in telecommunications law. Through the years we have built an extensive list of clients and work in this area. Miller&Van Eaton attorneys have represented municipalities at every stage of the renewal process, .from advising City or County staff on specific legal, policy or strategy issues,to drafting franchise Miller & Van Eaton. P.L.L.C. - 2 - ordinances and agreements, to complete organization, implementation and management of the entire cable franchise renewal process, including negotiations with cable operators. We believe that no other firm in the country can offer the County the same evidence of experience and expertise in the field of cable franchise renewals. As a matter of philosophy,ratified by our experience in prior cable franchise renewals, we will emphasize close coordination with the County. We will all work closely with local officials, so that they are fully informed through each phase of the project. This will ensure that the County fully understands what is being done, and why, and will ensure that each task is completed to the County's satisfaction. We will assist the County's staff and attorneys as needed, and will be available to brief elected officials and others on the renewal process, what it means to them and what benefits can be expected. We work with each government client in the way that is most productive and cost- effective for that client. We are committed to controlling costs and we are prepared to negotiate fixed prices for our services to ensure clients get the work they need within their allotted budgets. We are available to provide as much assistance as the County requires on a schedule that meets the goals and objectives of Contra Costa County. The cost of renewal will depend to a large extent upon the County's decision as to how the renewal process is handled and how thorough a review of ICI's past performance is needed, and on the individual needs of each municipality involved in a TO renewal. Finally, of course, ICI's degree of cooperation will also make a substantial difference in the ultimate cost. This proposal will offer the County a detailed look at how Miller&Van Eaton and the Buske Group approach the cable franchise renewal process. If you should have any questions or require additional information about this proposal,please contact me at(202) 785-0600. Thank you for your consideration. Very truly yours, MILL &VAN E O P.L.L.C. By a w C. Ames Enclosure PROPOSAL FOR PROFESSIONAL CONSULTING SERVICES FOR CABLE FRANCHISE RENEWAL NEGOTIATIONS CONTRA COSTA COUNTY, CALIFORNIA Contact: Matthew C. Acnes Miller & Van Eaton, P.L..L.C. 1155 Connecticut Avenue NW, Suite 1000 Washington, D.C. 20036-4306 Phone: (202) 785-0600 Fax: (202) 785-1234 PROPOSAL FOR PROFESSIONAL CONSULTING SERVICES FOR CABLE FRANCHISE RENEWAL NEGOTIATIONS CONTRA COSTA COUNTY, CALIFORNIA TABLE OF CONTENTS PAGE FIRM BACKGROUND Miller & Vary Eaton.................................................................. 1 TheBuske Group .................................................................... 2 PERSONNEL Miller & Van Eaton.................................................................. 3 TheBuske Group .................................................................... T EXPERIENCE Miller & Van Eaton.................................................................. 1 . TheBuske Group .................................................................... 15 SCOPE OF REQUESTED SERVICES .................................................... le PROJECTTEAM .............................................................................. 31 �' REFERENCES .................................................................................. 32 ,1 COST PROPOSAL AND TIMELINE...................................................... __..........._.............................................. ............................................................................................................................................................ ...... ......... ......... ......... ......... .......... ........ . ....... ._ ......... ......... ......... ......... ......... ................... .......... ........ ......... ........ .._...... ......_................. STATEMENT OF QUALIFICATIONS ANC► EXPERIENCE Firm background Miller & Van Eaton, P.L.L.C. is involved in every aspect of telecommunications and cable television law that affects local governments. We are the nation's leading firm in this area, and we are particularly experienced in assisting communities in cable franchise renewal proceedings. This experience persuades Miller & Van Eaton that effective legal representation is no longer a simple extension of normal business and municipal law skills. The interrelationship of federal, state, and local telecommunications interests, together with the changing technology and economics of the industries, requires a new level of sophistication to protect the interests of local governments. Miller & Van Eaton is a Washington, D.C. firm that represents municipal clients nationwide. Currently, the firm's clients work with five senior attorneys, three associates and a government relations advisor for lobbying projects in the District of Columbia and at State legislatures. We work with each local government client in the way that is most productive and cost-effective for that client. Frequently this means working with the city or county attorney to develop a cost-effective strategy to achieve the client's goals. The role that the firm plays varies with the client's needs and preferences. However, our goal always is to protect the client's interests wherever necessary: vis-a-vis the local cable operator or telecommunications carrier, before the FCC and other agencies, the Congress, the state legislature, the federal executive branch, or in the federal or state courts. We are widely recognized for our past efforts on behalf of local governments. We are expert at the Federal Communications Commission. We have appeared in every level of federal and state courts. We have appeared before most state regulatory commissions. And we are well known in Washington, D.C. on Capitol Hill and in the Executive Branch. We intend to continue our preeminent representation of local government interests, offering even greater value and productivity to our clients. We welcome the opportunity to advise the jurisdictions of Contra Costa County, California, with respect to their upcoming cable franchise renewals. Miller & Van Eaton, P.L.L.C. Page 1 The Buske Grout) The Buske Group is a partnership based in Sacramento, California. It was established in 1987 by Sue Buske, President and general partner of The Buske Group. The other general partner is Randy VanDalsen, who joined the firm in 1992. The Buske Group has extensive knowledge of and experience in conducting needs assessments for communities throughout the United States. We can conduct a comprehensive analysis that will provide the information necessary to meet the County of Contra Costa County's needs. We have special expertise regarding cable communication matters, including the areas of survey research; Public, Educational and Government (PEG) Access operations; and institutional networks. The Buske Group proposes to conduct a needs assessment of local residents, community organizations, educational institutions, City and County government agencies, and businesses to identify their current levels of usage and satisfaction with the services provided within Contra Costa County by TCI. Community attitudes about possible future usage of a variety of new cable communication technologies and services will also be explored. r Miller & Van Eaton, P.L.L.C. Page 2 ........................................................ ...................................................................................................................................................................................... _.._ . ........ ......... ......... ......... ........... ......... ........ ........ ....... ......... ......... ........ ........ .......... ... ...................................................... PERSONNEL /Miller & Van Eaton Nicholas P. Miller is a well-known expert in the law and policy governing cable television and telephone regulation, and in the legislative aspects of communications law. He served as the U. S. Senate Communications Counsel and as a special consultant to the White House on telephone deregulation issues. He represents both local governments regulating cable television and international multilateral agencies engaged in telecommunications policy advice and is widely recognized for his expe=rtise with the First Amendment, his lobbying experience with the Cable Act of 1984 and 1992, the AT&T divestiture, and the Telecommunications Act of 1996. Mr. Miller also represented a coalition of national education groups in connection with the development of the school and library universal service discount program established by the 1996 Act. He is admitted to practice in Washington State and the District of Columbia Sar Associations. He received his law degree in 1973, and his undergraduate degree in 1966, bath from the University of Washington where he was a member of the Washington Law Review. He is a member of the American and Federal Communications Bar Associations and the National Association of Telecommunications Officers and Advisors. Mr. Miller was a founding partner with the Washington, U.C. law firm of Miller & Holbrooke, and is the farmer head of the telecommunications practice group of Miller, Canfield, Paddock & Stone. Joseph Van Eaton specializes in representing municipalities and nonprofit groups on a broad range of communications and antitrust-related matters. He has worked with communities on cable franchise renewals, advised communities as to the effect of the Cable Communications policy Act of 1984 on localauthority to regulate rates and to enforce franchise provisions, and aided communities in conducting cable operator performance evaluations. His work has involved representation of communities in cases involving First Amendment and antitrust challenges to local franchising authorities. He filed one of the first post-Cable Act petitions which resulted in a community reregulating basic cable service rates and has provided advice to a number of communities investigating the feasibility of municipal ownership of cable television systems. He represented a telecommunications consumer group in a case which secured millions of dollars in refunds for customers of AT&T. He has served as a special appointee to the board of directors of the Alliance for Community Media. He is admitted to practice in the District of Columbia; the United States Courts of Appeals for the District of Columbia, Eleventh, Fifth, and Ninth Circuits; and the United States Supreme Court. He received his law degree, cum laude, from the University of Pennsylvania in 1979, and his undergraduate degree, magna cum laude, in 1975 from Syracuse University. He is a member of the Federal Communications Bar Association and the National Association of Telecommunications Officers & Advisors. He is author of an article titled "Old Franchises Never Die? Denying renewal under the First Miller & Van Eaton, P.L.L.C. !wage 3 Amendment and the Cable Act," Cardoza Arts & Entertainment Law Journal, Vol. 6 No. 1 , (1987). William Malone represents clients engaged in common carrier communications (domestic and foreign), AM-FM-TV broadcasting, and the manufacture and operation of licensed and unlicensed radio frequency devices. He advises foreign governments and international financial institutions on liberalization and privatization of telecommunications sectors. He advises on and litigates questions involving the constitutionality and application of federal and state communications statutes and state taxes, and he assists clients in solving problems through the legislative process. Before entering private practice, Mr. Malone was Washington Vice President and an associate general counsel of GTE. Drawing on his detailed familiarity with the legislative history of the Communications Act, he has briefed appeals in the U.S. Supreme Court and seven U.B. Courts of Appeals. He has appeared in or supervised cases before over thirty state public utilities commissions. He has drafted telecommunications franchising ordinances for local governments throughout the country, based on detailed historical analyses of the applicable federal laws and state constitutions and laws. He also represented a coalition of national educational groups in connection with the development of the school and library universal service discount program established by the 1996 Act. Mr. Malone authored National Treatment in International Transactions and Investment, a chapter of°the 1991 edition of the Handbook on International Communications, published by the Federal Communications Bar Association and the chapter on Foreign Ownership of Domestic Radio Facilities in the forthcoming edition of the FCBA Handbook. He is admitted to practice in Indiana, District of Columbia, and Connecticut. He received his law degree, cum laude, from Harvard Law School in 1962, his A.B., cum laude, from Harvard College in 1958, and attended M.I.T. as a special student in electrical engineering in 1957. Frederick E. Ellrod III concentrates his practice in cable television issues and new communications technologies affecting local governments. He is experienced in litigation before agencies and the courts, and has represented municipalities and municipal agencies in cable television litigation, in franchise transfers and renewals, in rate regulation, in Cable Act and franchise enforcement matters, and in FCC rulemakings, including the "open video systems" proceeding. His practice is extended to include major litigation in energy, environmental law, and transportation. He participated in the drafting and analysis of contracts for communications and information systems, including government contracts, with particular reference to confidentiality issues, and in FCC licensing for communications systems. He co-authored the Environmental Law Institute's legislative history of the Superfund Amendments and Reauthorization Act of 1986, and has worked extensively with information management professionals in developing computerized support systems for litigation and legal analysis. He is admitted to practice in the District of Columbia. He received his law degree, cum laude , from Harvard Law School in 1986, a Ph.D. in 1979 from Boston University, and his undergraduate degree, summa turn laude in 1975, and master's degree, Miller & Van Eaton, P.L.L.C. Page 4 ........................................................... ......... ......... ......... ......... ......... ......... .. ............... .... ....... ......... .........._.................... ......... ......... ......... ......... ......... ......... ......... ................ ......... ......... ........................... .... summa cram laude in 1978, both from Ci thol'lc University of America. He is a member of the American Bar Association and the D.C. Computer Law Forum. Matthew C. Ames specializes in cable television issues and new communications technologies affecting local governments, and in the drafting and negotiating of franchise agreements and cable television ordinances. Mr. Ames has represented a variety of public and private sector clients in FCC rulemakings, including such matters as cable rate regulation, leased access, telecommunications inside wiring, and universal service, among others. He was very active in the development of the universal service discount program for schools and libraries (or Re-rate"). He prepared comments on behalf of a national coalition of national educational groups that proved instrumental in the approach takers by the FCC in its final rules. Mr. Ames continues to advise the coalition on matters related to the implementation of the rules. He also has a broad background in corporate, commercial, and contract law, and has participated in the drafting and negotiation of cable television system purchase agreements, software licenses, television production contracts, and a wide variety of other transactions. He has also advised clients regarding the regulatory aspects of the deployment of intelligent transportation systems. Mr. Ames is fluent in Spanish and has a working knowledge of German. He is admitted to practice in Virginia and the District of Columbia. He received his law degree, cum laude, from Georgetown University Law Center in 1987, and his B.S. in 1980 from the College of William and Mary. Maria de Fatima Sllveira is involved in domestic and international law and policy governing telecommunications, cable television, and telephone regulations. She received her law degree from the University of Miami School of Law, and a B.A. from the University of Miami, majoring in English. She speaks Portuguese, Spanish, and French. Prior to joining the firm, she was vice-president and general manager of the United Broadcasting Company (d/b/a TELEMIAMI), a Spanish- language cable network. Ms. Silveira is admitted to practice in Florida and the District of Columbia. She is a member of the Federal Communications Bar Association and the American Bar Association. William L. Lowery specializes in litigation and local government, telecommunications and intellectual property law. He received his law degree from the University of California, Hastings College of The Law, San Francisco, California, and his Bachelor of Science in Communications from Ohio University. He has worked extensively in broadcasting as a production manager and producer/director in television. Prior to joining Miller & Van Eaton, Mr. Lowery practiced in San Francisco where he developed ars expertise in business and securities law. He is admitted to practice in the District of Columbia and California. Stephen J. Guzzetta specializes in cable television issues and telecommunications policy matters affecting local governments. Prior to joining the firm, Mr. Cuzzetta served as Regulatory Counsel for the Office of Cable Television for the district of Columbia, where he was responsible for providinglegal advice on cable franchise enforcement and representing the District government before the Millen & Van Eaton, P.L.L.C. Page 5 Public Service Commission on telecommunications policy issues. He also participated in telecommunications planning in his capacity as counsel to the District of Columbia Interagency Telecommunications Task Force. Mr. Guzzetta is admitted to practice in the District of Columbia and Massachusetts. He received his law degree from American University in 1993, and his undergraduate degree, magna cum laude, from Boston College in 1990. He is a member of the Telecommunications and Computer Law Section of the District of Columbia Bar. OF COUNSEL Frederick E. Dooley specializes in judicial and administrative litigation at the trial and appellate level. He has broad experience in areas related to exemptions from the federal antitrust laws. He litigated several cases involving the application of the Parker v. Brown antitrust exemption to state and private entities and was one of the authors of appellate and Supreme Court briefs in several cases involving possible antitrust liability for arguably protected First Amendment lobbying activities (the Noerr-Pennington exemption). He also has knowledge of a variety of other substantive areas including federal computer privacy statutes, state and federal privilege law, complex discovery litigation, and administrative law litigation involving judicial review of agency actions, orders, or rules and of agency compliance with federal and state disclosure (e.g.. FOIA) and Sunshine law. He has broad appellate experience, including litigation of interlocutory, mandamus, and post-judgment appeals. Mr. Dooley is a graduate of Georgetown University Law Center and received his undergraduate degree, cum laude, from Yale University. He also graduated first in his class from the District of Columbia Metropolitan Police Academy. He is admitted to practice in the District of Columbia, the United States District Court for the District of Columbia, and the United States Courts of Appeals for the First, Second, Seventh, Ninth, Tenth, and District of Columbia Circuits. He is a member of the District of Columbia Bar and that Bar's Litigation and Administrative Law sections. Prior to becoming of counsel to Miller & Van Eaton, Mr. Dooley was a trial and appellate lawyer for the Office of General Counsel of the Federal Trade Commission, specializing in federal court litigation of antitrust, consumer protection, and administrative law cases. He also served as an antitrust trial attorney for that agency. OTHER PROFESSIONALS Betty Ann Kane is a Government Relations Advisor who combines extensive experience in lobbying and public relations with sixteen years of service as a public policy maker and legislator. She is skillful in cable television franchising, public utility regulation, organization of media campaigns, and congressional and federal agency contracts. She brings to the firm and its clients a special knowledge of the needs of legislators and constituents, of the use of cable to deliver municipal services, and of general governmental operations. She received her B.A., cum laude, in 1963 from Middlebury College where she was elected to Phi Beta Kappa, and an M.A. in 1964 from Yale University. She is a Woodrow Wilson and Yale Miller & Van Eaton, P.L.L.C. Page 6 Fellow, and is a member of the National Association of Telecommunications Officers and Advisors, Women in Municipal Government, and American Women in Radio and Television. The Buske Grout Sue Buske, President of the Buske Croup, has been involved in cable television field and local cable programming since 1972. She has provided advice in the areas of initial franchising, franchise renewal, ownership transfer, cable operator performance monitoring, ascertainment, and all aspects of local cable programming. Ms. Buske served as the principal franchise renewal consultant to cities ranging from Banta Rosa and Monterey, California to Salina, Kansas and as a principal member of franchise renewal consulting teams assisting Seattle and King County, Washington, and Montgomery County, Maryland. Her work has required her to analyze franchise agreements, develop and implement franchise monitoring and compliance processes, develop franchising procedures, conduct needs assessments specific to franchise renewal, translate the outcome of those assessments to specific franchise and ordinance language, draft RFP documents for initial franchising and the franchise renewal process, analyze proposals submitted to cities by cable companies, and serve as a principal negotiator during franchise renewal and franchise compliance proceedings. Ms. Buske is recognized as one of the foremost national experts in the field of public, educational, and government (PEG) Access. She is actively engaged throughout the United States as a consultant and speaker. Her background and experience in cable policy, regulation and PEG Access comes not only from the perspective of a consultant, but also from having served as a full-time cable administrator and also as a pioneer in the field of PEG Access management. Prior to the creation of The Buske Group, Ms. Buske served for six years as the Executive Director of the National Federation of Local Cable Programmers (NFLCP, now known as the Alliance for Community Media), a Washington, DC based national organization serving cities, schools, and nonprofit Access corporations. During those years she served as the coordinator for numerous projects undertaken by the organization. She conducted extensive research into all types of local cable programming and published numerous articles on PEG Access and telecommunications policy. Ms. Buske's tenure at NFLCP was during a time when hundreds of Access corporations were being created in the United States. She assisted many of those entities via telephone or on a consulting basis as part of her duties as Executive Director of NFLCP. Prior to her employment with NFLCP, Ms. Buske served as Regional Director at the Cable Television Information Center (Washington, DC) and was involved in supervising city franchising processes on behalf of C.T.I.C. While at C.T.€.C. she conducted in-depth analysis of cable proposals submitted during franchising processes. From 1978- 1980, Ms. Buske served as the first Executive Director of the Miami Valley Cable Television Council, a multi-city council of governments that included a large cluster of cities and towns located in the south suburbs of Dayton, Ohio. While employed by MM.C.T.C. she served as the Chief Regulatory Officer for the cities and established Miller & Van Eaten, P.L.L.C. Page 7 and coordinated all aspects of public, educational and government Access operations. Ms. Buske's early years in the cable television field were spent as Director of Access and Local Origination in Dubuque, Iowa (1972-1977). Ms. Buske is widely recognized as one of the leading experts in the United States on cable policy and local cable programming issues. She has received numerous national awards including the George Stoney Award for Humanistic Communications and has an award created bearing her name, The Buske Leadership Award, which is presented annually by the Alliance for Community Media to persons providing outstanding leadership in the field of local cable programming. In 1986 she completed a book called the Access Manager's Handbook and has authored numerous articles on Access. Randy VanDalsen, Vice President of the Buske Group, has one of the longest and most successful records in the field of cable television Public Access management in the United States. He has been directly involved in the myriad of issues faced by Public Access operations on the local, regional and national levels. VanDalsen managed the "Hometown Video Festival" from 1992 - 1995 through a contract that The Buske Group received from the Alliance for Community Media. He also developed and manages the "Community Programming Index," a research project of The Buske Group which analyzes activities at cable Access centers throughout the United States. Recently, he was the principal consultant for The Buske Group's project in Denver, Coloraoo that yielded a detailed evaluation of PBG Access facilities and operations, an analysis of PFG Access needs and interests, and many recommended changes to that City's PEG Access governing documents. With over 20 years of hands-on management experience in the public Access field, VanDalsen brings a unique perspective to such issues as organizational start-up concerns, facility design, policy formation, staff and volunteer development, promotion, etc. Prior to joining The Buske Group, VanDalsen was hired in 1985 as the initial Executive Director of Access Sacramento, now widely recognized as one of the nation's most successful Public Access operations. During his six-and-a-half years there, Access Sacramento and its programming received 45 nominations as finalists and 23 First Place awards in national and regional competitions, including the prestigious "Overall Excellence in Public Access" award from the Hometown Video Festival in 1989 and 1991, and the first "Overall Commitment to Local Cable Programming" award from the Western Access Video Excellence awards competition in 1991 . Before his employment with Access Sacramento, VanDalsen gained a valuable national perspective on the NFLCP staff as Director of Membership Services and Finance from 1983 - 1985. He served as a member of the NFLCP Board of Directors for three years, Treasurer for one year, Central States Regional Coordinator for one year, and a member of the original By-Laws Committee in 1978. He was a speaker at nearly every NFLCP/Alliance National Convention to date and at conferences of six different NFLCP/Alliance regions. In 1972, VanDalsen began his career in the Public Access field as the founder and director of a Michigan State University student organization, "The Video Workshop," a group formed to involve students and members of the East Lansing, Michigan community in the use of the new cable TV system. This experience soon led to staff positions with Michigan State University in 1973 and Miller & Van Eaton, P.L.L.C. Page 8 ............................................... ..................................................................................................................................... ....... .._..... ......... ......... ......... ...................................... . ...... .... ......... ......... ......... ......... ......... ......... ........ ... .................. ......... .............................................. ....................... _. United Cable Television of Mid-Michigan in 1974. VanDalsen was promoted to Public Access Coordinator by United Cable in 1975, and developed that operation to one of national recognition. As a result, Fast Lansing was selected as the site of the NFLCP National Convention in 1980, and its Public Access facility received the NFLCP's first "Community Communication Award" from the NFLCP. In 1980, United Cable promoted VanDalsen to its corporate office in Denver, Colorado as regional and then Corporate Director of Community Programming. While in Denver, VanDalsen helped set up and provided oversight for many Public Access operations managed by United Cable throughout the country, and worked in the development of several successful cable franchise applications. He also founded the NFLCP's Colorado Front Mange Chapter in 1982 and authored the successful application for the City of Denver to host the NFLCP's 1984 National Convention. Fred Johnson recently began working for The Buske Croup on projects that require his unique combination of abilities. Until recently, Mr. Johnson was the Director of Education and Operations for Tualatin Valley Community Access in Beaverton, Oregon, where his responsibilities included video production, strategic planning, operations management, and curriculum design. He has planned and conducted focus group sessions and has worked with nonprofit groups to help them develop telecommunication plans. Mr. Johnson is an accomplished video producer and recipient of many awards for his work. In 1990, he produced and directed documentaries with the BBC Community Programme Unit in London through a Fulbright Fellowship for Television and Film Arts. While in Great Britain, he also conducted educational workshops on cable television policy for a number of communities. Mr. Johnson recently conducted research on the use of the Internet and city-net by targeted nonprofit groups in Grand rapids, Michigan. He has developed plans for use of an institutional network for data transmission and Internet access, created Web sites and taught workshops for artists in Web site design, and conducted teachers' institutes on educational reform and media throughout the curriculum. Turas Wilson has extensive experience in the fields of public opinion polling and strategic planning for private and public corporations and organizations. He has served as Aide to the Mayor of Tucson, Arizona where his responsibilities included research, analysis and formulation of appropriate policy recommendations on all aspects of city government, economic and business development. Prior to his involvement with the City, Mr. Wilson served as research Director for the largest full- service advertising agency in the State of Arizona. Until recently, he served as the Senior Vice President of a regional nonprofit economic development corporation where he was responsible for all marketing, business recruitment and business retention activities. Wilson has worked with The Buske Group to assess cable television related community needs, using the methodology of statistically valid subscriber surveys for our clients in Tampa, Florida; Gilroy, Hollister, San Juan Bautista and Healdsburg, California; and Montgomery County, Maryland. Miller & Van Eaton, P.L.L.C. Page 9 EXPERIENCE Miller & Van Eaton: Cable franchising: We have assisted dozens of communities on cable franchise renewals. For example, our attorneys assisted a town in North Carolina in a successful effort to deny renewal of a franchise agreement with a cable company that had failed to meet performance standards. Subsequently, we helped the city establish its own municipally-owned cable system. A city in the state of Washington retained us to gain access to an interactive cable system and a stronger communications link with local government and nonprofit groups. We represented two closely linked California cities in cable franchise renewal, obtaining a dedicated institutional network for use by the governments and their schools. Cellular antennas: " Miller & Van Eaton attorneys recently assisted the American Planning Association in preparing a national survey of local governments designed to gather information regarding cellular tower zoning issues. We have also worked with the National League of Cities, the National Association of Counties, the United States Conference of Mayors, and the National Association of Telecommunications Officers and Advisors, lobbying Congress and the FCC on municipal right-of-way and local zoning issues arising out of the Telecommunications Act of 1996. As a result, we have unmatched familiarity with these issues and how the new federal legislation might affect the authority of local governments. We have assisted several communities in Florida and Arizona with tower siting ordinances. General telecommunications ordinances: We have substantial experience representing cities in connection with the preparation of general telecommunications ordinances. Since the 1996 Act, we have drafted such ordinances on behalf of local municipalities in Colorado, Texas, Maryland, California, Florida and Arizona, among others. We have also assisted many communities in negotiating agreements with telecommunications carriers. Miller & Van Eaton, P.L.L.C. Page 10 _..................................... _.......................................................................................................................................................... ......... ......... ......... ......... ......... ......... .......... ...................................................... ......... ......... ......... ......... ......... ......... ........ ........ ...................................... ....._.. _ __ Telephony: The firm has expertise in telephone regulation that is unmatched by most firms that perform only municipal cable television work. Two attorneys with Miller & Van Eaton -- Mr. Miller and Mr. Malone -- have been involved in all aspects of telecommunication common carrier regulation since the mid-70s. Before forming Miller & Van Eaton, they represented a range of different client interests, from large computer manufacturers to small, rural telephone companies concerned about the internal financial subsidies of telephone rates necessary to maintain service to rural areas. Today, Miller & Van Eaton continues to represent a few local and long distance telephone companies in specific regulatory matters before the FCC and the courts. FCC regulation: We represented the leading coalitions of local government authorities before the FCC on open video system, cable rate regulation and franchise fee rules, helping to protect local rights-of-way and ensure that the new services will be responsive to local needs and serve in the public interest. We successfully lobbied Congress to include a provision in the 1992 Cable Act immunizing local governments from monetary damages claims for cable regulation activities. Municipal telecommunications networks: We have represented a city in Iowa and several other communities that have built their own municipal cable systems, and we have advised the American Public Power Association and some of its members in investigating the feasibility of constructing telecommunications networks. This work means we are familiar with the complex issues facing municipalities that wish to enter the telecommunications business. No other firm in the country meets our experience in this regard. Public rights-of-way: We have helped create coalitions to defend local interests against FCC and Congressional initiatives that could prevent localities from regulating those who would use public rights-of-way to deliver telecommunications services. One coalition, for example, was among the lead appellants in a challenge to the FCC's video dialtone rules before the United States Court of Appeals for the District of Columbia Circuit. Cagle Rate Regulation: We have assisted numerous communities in reviewing operator rates under the FCC rules and in defending the appeal of rate orders before the FCC. Miller & Van Eaton, P.L.L.C. Page 11 The following lists specific area of expertise: 1. Constitutional Questions First Amendment -- Protection of programmer rights -- Government authority to license and regulate operators -- Public right of access to media -- Fifth and Fourteenth Amendments -- Just and reasonable compensation for right-of-way use -- Due process in regulation -- Equitable treatment of similar licensees Il. Federal and State Legislation 1982 ATT divestiture and Modified Final Judgment 1994 Cable Act 1992 Cable Act Amendments Telecommunications Act of 1996 State Cable laws State Telepommunications laws Ill. Local Government Cable Licensing Regulatory ordinances Franchise agreements Requests for Proposals Negotiation and award of franchises Overbuilds Municipal ownership Transfers Operator bankruptcy "Informal" renewal negotiations "Formal" renewal proceedings, hearings and court reviews Revocations and removal from the community IV. Local Government Telecommunications Licensing Publicly owned communications networks Right-of-way use ordinances Revenue ordinances Negotiation and award of licenses State regulatory proceedings FCC rulemakings and court appeals Miller & Van Eaton, P.L.L.C. Page 12 ...................... V. Rate Regulation Cable Rate Regulation FCC rulemakings and appeals Certification Basic Service regulations Cable Programming Service complaints "Benchmark" analysis, related investigations and orders FCC and federal court appeals of local rate actions Cost of Service proceedings Telephone and Telecommunications Rate Regulation Rate of return investigations Cost allocation studies State and federal rulemakings Price cap and rate of return rate proceedings Facility authorizations VI. Technology Issues Cable technical standards FCC equipment certification Consumer service standards Equipment authorization VII. Programming and Intellectual Property r Copyright Software and hardware licenses Program distribution contracts Leased access channel leases Broadcast signal carriage Administration of public and government access channels VIII. Consumer Protection and Pair Competition Consumer protection ordinances Customer service standards Fair business practice regulations Market entry and open competition rules IX. Financing and Joint Ventures Public-private joint ventures Municipally owned networks Miller & Van Eaton, P.L.L.C. Page 13 The Buske Grouo Consulting Experience: The Buske Group has provided cable communications consulting services to a broad cross-section of cities and counties in the United States. Following are brief descriptions of several projects undertaken by The Buske Group during the past few years that included similar work elements to those required in this project (i.e., the design, implementation, and analysis of an assessment of future cable television related need and interests). City of Santa Rosa. California The Buske Group was retained by the City of Santa Rosa to provide extensive assistance throughout its franchise renewal process. Our duties included: (1) devise reasonable and cost-effective renewal procedures that are consistent with federal, state and local law as well as strategies for the implementation of the franchise renewal plan; (2) conduct a technical audit of the cable system; (3) evaluate the past performance of Post-Newsweek Cable, including a review of its level of compliance with the terms of the exidting franchise, a financial review of the system to ascertain whether Post-Newsweek Cable had paid franchise fees properly and to ascertain the general financial condition of the cable system, reviewing customer service standards and consumer complaints, assisting the City in conducting customer satisfaction surveys, and reviewing current PEG Access channels, equipment, facilities and services; (4) identify future community cable television related needs and interests; (5) develop goals for the negotiating process; 6) participate in franchise negotiations; and (7) draft the final franchise agreement and enabling ordinance. The franchise renewal process was successfully completed in Santa Rosa, resulting in terms that were highly beneficial to the City and its residents. The Buske Group also provided assistance in the establishment of a new nonprofit PEG Access management organization, including the search for and hiring of its initial Executive Director. City of Monterey.California The City of Monterey, California retained The Buske Croup to provide consulting assistance during franchise renewal. Our duties included: (1) devise reasonable and cost-effective renewal procedures that are consistent with federal, state and local law as well as strategies for the implementation of the franchise renewal plan; (2) conduct a technical audit of the cable system; (3) evaluate the past performance of Western Communications (the initial franchisee), including its level of compliance with the terms of the existing franchise, a financial review of the system to ascertain Miller & Van Eaton, P.L.L.C. Page 14 ........................... ....................................................................................................................... ....... ......... ......... ......... ............ ...... ......... ...._....... ....... ......... .... ...... ......... ......... ......... ..................... .........._. ............. ......... ........ .. . ......................................_... .................................. .............. ... _ _ __ _ whether Western Communications had paid franchise fees properly and to determine the general financial condition of the cable system, reviewing customer service standards and consumer complaints, assisting the City in conducting customer satisfaction surveys, and reviewing current PEG Access channels, equipment, facilities and services; (4) identify future community cable television related needs and interests; (5) develop goals for the negotiating process, (6) participate in franchise negotiations; and (7) draft the final franchise agreement and enabling ordinance. During the initial phase of the franchise renewal process in Monterey, Western Communications sold the cable system to TCI. Therefore, the City also retained The Buske Group to provide assistance regarding the ownership transfer, which we made certain was clone according to the regulations established by the PCC. City of Brunswick, Ohio The City of Brunswick, Ohio retained The Buske Group to provide consulting assistance during the cable franchise renewal process. Our duties included: (1) devise reasonable and cost-effective renewal procedures that are consistent with federal, state and local law as well as strategies for the implementation of the franchise renewal plan; (2) conduct a technical audit of the cable system; (3) evaluate the past performance of Cablevision of the Midwest, including its level of compliance with the terms of the existing franchise, a financial review of the system to ascertain whether Cablevision had paid franchise fees properly and to ascertain the general financial condition of the cable system, reviewing customer service standards and consumer complaints, assisting the City in conducting custatner satisfaction surveys, and reviewing current PEG Access channels, equipment, facilities and services; (4) identify future community cable television related needs and interests; (5) develop goals for the negotiating process; (6) participate in franchise negotiations; and (7) draft the final franchise agreement and enabling ordinance. The Buske Group is also assisting the City of Brunswick with regard to the regulation of the rates for basic cable service and associated equipment and installation and service charges. Cities of Gilroy. Hollister, and San Juan Bautista California The Buske Group has been retained by this consortium of California cities to provide consulting services during the cable franchise renewal process on their behalf. Our duties for these cities include the following: (1) devise reasonable and cost-effective renewal procedures that are consistent with federal, state and local law as well as strategies for the implementation of the franchise renewal plan; (2) conduct a technical audit of the cable system; (3) evaluate the past performance of the Falcon Cable, including a review of the operator's compliance with the existing franchise, a financial review of the system to ascertain whether Falcon Cable had paid franchise Miller & 'Van Eaton, P.L.L.C. Page 16 fees properly and to ascertain the general financial condition of the cable system, reviewing customer service standards and consumer complaints, assisting the cities in conducting customer satisfaction surveys, and reviewing current PEG Access channels, equipment, facilities and services, (4) conduct a statistically valid telephone survey of subscribers and non-subscribers; (5) identify future community cable television related needs and interests, (6) develop goals for the negotiating process; (7) participate in franchise negotiations; and (8) draft the final franchise agreement and the enabling ordinance. Our work also included cable company transfer of ownership assistance for the Cities of Gilroy, Hollister, and San Juan ' Bautista. These transfers occurred during the franchise renewal process. The Buske Group ensured that the ownership transfer was done according to the regulations established by the FCC. Montgomery County Maryland and Tam a. Florida The Buske Group was retained by these jurisdictions to conduct extensive needs assessments as a part of the overall franchise renewal process. Our duties included the following tasks: (1) design the overall needs assessment process and identify tasks to be undertaken; (2) conduct a statistically valid telephone survey of subscribers and non-subscribers; (3) conduct focus group meetings; (4) review all aspects of PEG Access operations and channel management; (5) collect and analyze technology, strategic, long range, and communication plans prepared by various community organizations, government agencies, and educational institutions; (6) interview representatives of various community agencies and organizations, and (7) prepare reports documenting key findings and recommendations regarding community cable television related needs and interests. The Montgomery County project included more comprehensive research and analysis, including a very detailed examination of the existing PEG Access facilities and equipment. King County, Washington The Buske Group was a member of a consulting team that assisted the County in the renewal process. Our duties included: (1) analyzing the franchise, (2) reviewing the past performance of the franchisee in PEG access and local origination, (3) identifying future cable television related needs and interests specific to PEG access, (4) designing an access package to meet those needs, (5) gathering information about cable subscriber satisfaction, (6) participating in franchise negotiations relating to the above areas, and (7) assisting in the process of drafting franchise agreements. Miller & Van Eaton, P.L.L.+C. mage 16 City and CounAy of Sang Cruz, California The City and County of Santa Cruz retained The Buske Group to provide a wide range of assistance regarding the initiation and development of PEG Access, including: (1) Assess EEG Access community needs and interests, (2) review the franchise agreement, ordinances, and other documents that described the obligations of the cable Operator; (3) Identify the equipment and facility needs of PEG Access; (4) Evaluate the suitability of the facilities and equipment provided by the cable operator for Access purposes; (5) Assess the cable operator's local origination operations; (5) Develop and recommend a PEG Access management model, to include a management entity, articles of incorporation and bylaws, training curriculum, budget, staffing, Access services to be provided, and equipment and facilities; and (7) Identify the roles of the City and County governments, Cable TV Commission, and the Access management entity. v Miller & Van Eaton, P.L.L.C. Page 17 REVISED SCORE OF SERVICES FOR CONTRA COSTA CABLE GROUP Tasks 1-IEI: Conduct a Cable Television Needs Assessment, Including Community Input Planning and Implementation Needs assessment can encompass such issues as institutional services, customer service standards, and all aspects of public, education and government (PEG) access. The type of comprehensive needs assessment usually performed during a formal renewal, however, can be quite expensive. For that reason, our objective will be to minimize the expense of needs assessment unless early negotiations with the cable operator do not prove fruitful. Our approach to needs assessment encompasses tasks l-Ill in the RFP. We will conduct focus groups, review current PEG access activities; examine institutional telecommunications usage, analyze existing telecommunications plans and other documents; conduct a technical analysis; conduct a subscriber syrvey; and prepare a written report encompassing all of our findings. Focus Grouts Worksho2 A needs assessment can be organized in a number of ways, depending on the size of the community, the range of interest groups to be considered, the depth and detail required of the assessment, and other factors. We understand that the Contra Costa Cable Group was formed in an effort to achieve economies of scale and present a united front to the cable operator. Consequently, we propose to conduct a single, County-wide needs assessment that will take into account the needs of all the member communities as a group. We will essentially treat the Cable Group as a single community for this purpose. The assessment will be organized not by where people live, but by their area of interest, such as education, government uses, technology, and so on. This approach has the benefit of allowing the Cable Group to reduce costs because individual detailed assessments in each member community will not be necessary. It also allows the Cable Group to negotiate as a single entity with the operator. If members of the Cable Group feel strongly that they must negotiate separately or they have special community needs and interests that differ from those of the Group as a whole, we will need to consider another approach. ................................................................. ....._ ......... ......... ......... ......... . ...................... .. ............................... ... ......... ......... ......... ......... ............ ......... ..._ ......... .............................................. .. ............................... __ __ Before conducting the workshops, we will form a task force consisting of representatives of the communities in the Cable Group. The task force will prepare a list of community leaders and interested citizens, who will be invited to participate in the focus groups. We will also ask the task force to recommend locations for each workshop; our intention would be to conduct at least one workshop in each member community, if possible. We will also try to accommodate other factors in selecting sites, such as school district boundaries. All of these issues will be discussed with the task force and a general plan formulated before proceeding. After receiving the task force's recommendations,the Buske Group will conduct a series of ten structured workshops for primary cable user groups including Cable Group government agencies, educators, nonprofit community organizations, business representatives, and local residents. Participants in the workshops will be asked to answer questions designed to identify future cable television related needs and interests and any concerns regarding the performance to date of the cable company. As noted, the workshops will be organized according to the primary interests of the participants. if responses to the invitations indicating a high demand for participation, we may conduct one or more additional workshops, at an additional cost. Each workshop will begin with an intensive introductign explaining the nature of modern cable service in critical areas (e.g., programming, customer service, system design and technology, PEG access, and non-entertainment uses of the system, including video, voice and data services). In each targeted workshop, The Buske Group will emphasize the industry developments most pertinent to the participants and the experiences of similar organizations throughout the United States. Current and developing federal regulatory policies will be summarized as needed. Ample opportunity for questions and clarifications will be provided. Following the introductory educational segment of the workshop, a group brainstorming process will allow participants to clarify their thinking on what cable service they would most like to see maintained, or made possible, through the franchise renewal process. Each participant will complete the workshop by filling out a questionnaire designed to identify needs that the Cable Group may seek to fulfill in the renewal process. Workshop participants will also be asked to identify existing problems with the delivery of cable services. Community needs and interests in the areas of PEG access usage will be explored in depth. PEG access represents a unique opportunity for community uses of the cable communications medium. 2 The workshop process will help document the future cable communications services desired by the Cable Group, taking into account the experiences of comparable communities. These workshops will complement information gathered through the telephone survey. Based upon our experience, these structured workshops are very helpful in assuring that each participant's expression of needs, interests and concerns is well-informed. These workshops are also successful in developing significant involvement in the franchising process by a wide variety of vitally interested groups. The method is efficient, because it will permit the Cable Group to obtain information relevant to a number of critical franchising tasks through a series of simple and inexpensive sessions. In short, the workshop method creates a sizable, informed, and involved constituency, often useful in subsequent negotiations and in the political process. Miller & Van Eaton has also conducted many seminars for municipal officials, and our clients find them' valuable fora in which to gain a better understanding of the renewal process and to begin a strategic analysis of their goals in the renewal process. After the focus group sessions have been conducted, it may be necessary to conduct follow-up meetings and/or send a mailing to representatives of selected community groups who were not able to participate in the workshops. It is important to assure that a representative cross-section of community organizations, institutions, and interest groups provides input to the process. The Buske Group would conduct any necessary meetings to augment the information gathered through the focus groups and questionnaire feedback. Review of Current PEC Access Facilities, Eguipment, and Services Based upon our experience in conducting cable television related community needs assessments throughout the United States, PEC access issues are often very important to residents. Therefore, The Buske Croup proposes to conduct a review of selected PEC access resources and services in Contra Costa County. Through this review process we will: ❑ Prepare and distribute a questionnaire to be completed by the PEG access staff. This questionnaire will address such items as equipment inventory and condition, funding and expenditures, original programming figures, and equipment usage. 3 • Interview staff persons responsible for the operation of selected PEC access channels and facilities. • Conduct an on-site inspection of selected PEC access facilities, noting the condition of the major equipment items. • Collect and analyze all data from the questionnaire responses and interviews. ® Examine any agreements between the Cable Croup members and the cable operator that relate to PEC access. determine the level of compliance with the provisions of each agreement. • Evaluate the reported activity levels and original programming figures for PEG access, considering such elements as annual budget, size of the franchise area, programming formats and diversity. • Prepare and submit a report that includes a section regarding our evaluation of the selected PEC access facilities, equipment and operations. The Suske Group has extensive files containinga information from other communities regarding the level of resources, equipment and 'facilities that are available for PEG access. We will compare that material to the data gathered regarding PEG access in Contra Costa County. Our review of PEC access will provide an appropriate frame of reference for us before we commence the focus group workshops (described below), where participants may offer their comments about existing PEG access operations and recommend ways to improve it in the future. This information, along with the input received during the focus group workshops and information gathered during a public hearing (also described below), will be utilized to determine specific future needs in the PEC access area. To reduce costs, our review will examine only some of the PEG facilities. The facilities to be examined will be selected after discussions with the task force to identify those that are most typical of the situation in the County. If necessary, we may examine additional facilities at an additional cost. Institutional Telecommunications Usage Survev An institutional network (1-Net") is a communications network built by the cable operator for local government use. An I-Net offers enormous long-term financial 4 and practical benefits, because it permits local governments to reduce their reliance on third parties for telecommunications services. The Buske Group will develop and distribute an institutional telecommunications usage questionnaire. The purpose of this questionnaire is to gather information regarding current and projected future uses of" various communication technologies for sending or receiving voice, video, and data. The questionnaire will be distributed to Cable Group government agencies, educational institutions, libraries, and others. Follow- up interviews and meetings will held as necessary to assure complete and accurate information. Analysis of Strategic and Lona Range Plans The Buske Group will collect and analyze various strategic and long range plans, technology plans, and communications plans that have been prepared by local government agencies, educational institutions, community organizations and groups. This information is a valuable representation of community issues, needs, and interests. v Technical Evaluation Miller & Van Eaton has worked with several engineering firms and we are prepared to retain such a firm to prepare a technical evaluation, if the community so desires, or to work with an engineer selected by the Cable Group. We frequently work with Columbia Telecommunications Corporation ("CTC"), and we have asked CTC to prepare a proposal addressing the Cable Group's specific requirements. CTC°s suggested approach is attached. Statistical Survey The use of a communitywide survey and statistical analysis to augment the information that is gathered during the needs assessment phase can be a useful step in the renewal process. The purpose is to measure the customer service performance of the cable operator and to ascertain consumers' cable needs, especially in the areas of local programming and PEG access. We will assist the Cable Group in the design and implementation of a community survey to assess the level of subscriber satisfaction or dissatisfaction with the cable operator's past performance, and to gauge the community's current and future needs for cable-related services. Group W Communications, a survey research firm that the Buske Group and Miller & Van Eaton have worked with on other community needs assessments, will draw a statistically valid sample of 4070 cable subscribers and non-subscribers to participate 5 __ in a telephone survey. Respondents will be asked to answer a series of straightforward questions about their cable operator's current programming, customer service practices and related matters. Non-subscribers would be asked to indicate why they are not currently wired for cable, and what would make them consider subscribing to cable TV in the future. All would be asked for their opinions regarding a number of future services that could be offered via cable. The survey sample would have a ±5% sampling error at a 95% level of confidence. This means that, in 95 out of 100 cases, the results of surveying the sample group will be within 5% of the result that would be obtained by surveying all residents of the Cable Group's members. The survey sample would have a ±fig'/� sampling error at a 95°Icy level of confidence for the responses given only by cable subscribers. This means that, in 95 out of 100 cases, the results of surveying the sample group will be within 6% of the result that would be obtained by surveying all of the cable subscribers in Contra Costa County. Optional Needs Assessment Tasks Subject to further discussion with the Cable Group, the following areas may warrant particular review. a Service to _subscribers. We could examine data gathered during the needs assessment process to evaluate the quality of the operator's service to subscribers. We would look for evidence of endemic problems which may not be reflected in subscriber satisfaction surveys. This can reveal a series of previously undisclosed problems. Often subscribers have become accustomed to inadequate levels of service. Also, the operator may treat certain of its subscribers or suppliers in a discriminatory manner -- in the provision of service and/or the selection of minority programming. Public Hearing The Cable Group or individual communities may wish to schedule a hearing to allow the public to address the past performance of the cable operator and the future cable television related needs of the community. This will not only permit the Cable group and its members to comply with any formal Cable Act renewal requirements; it will help to maximize public participation in the renewal process. If desired, the Buske Group could help plan a joint hearing for this purpose, and include an analysis of the public comment in the needs assessment report. 6 Needs Assessment Report We will prepare a written report describing and analyzing our findings in each of the above areas, except for the technical evaluation, for which there will be a separate report. The needs assessment report will recommend items to include in the renewal franchise. Task IV: Review and Evaluate Draft Telecommunications Ordinance Our general approach is to prepare a draft franchise ordinance which spells out the obligations that every cable operator must satisfy in order to obtain a franchise. The ordinance typically includes a procedure for submission of applications for new, renewal and transferred franchises, and states the criteria which will be used to evaluate applications. Before adoption of a new ordinance, or amendment of an existing ordinance, we typically discuss the draft with the incumbent operator and resolve any potential disputes regarding ordinance language. Adopting an ordinance too soon can create serious Cable Act problems. We have briefly reviewed the draft telecommunications ordinance prepared by the Cable Group, and it appears to address the issues we believe a cable ordinance should cover. We will review the Cable Group's draft in detail and propose any modifications that may be necessary. After discussion of our recommendations with the Cable Group, we will prepare a final draft for the member communities to adopt. Task V: Develoo a Strategy for Entering Negotiations with TCl and Others We will meet with municipal staff and, if appropriate, elected officials and other administrative personnel to brief them on the renewal process generally, and to identify particular issues which should be addressed through that process. To provide a guidepost for discussion, we will review the current franchise documents and provide the Cable Group with a list of possible improvements in the existing franchise agreements. Based on our review of the current franchise documents, the needs assessment in Tasks 1111, and on the meetings with City and County officials, we will be able to recommend specific changes (if any) required in local law in order to permit the franchising process to move forward smoothly; identify general franchising goals; and update the proposed work plan to best meet those general goals and to complement work already performed. We will also prepare a draft of a new franchise agreement to serve as the basis for negotiations. 7 ................................ ...... ......... ......... ......... .......... ........ .... ............................... ........ ......... ......... ....................................... ... ......... ......... ......... ......... . ......... ... ..... ......... ........... .............. ... .... ...... . .................................................................................. ...... Over the course of the project, we would be available for up to three presentations on our findings, as specified in the RFP. Task VI Work with Group to Implement Strategy for Negotiations with TCI We would form a negotiating team consisting of members of the Cable Group staff and our project team. The team would develop goals and a strategy for negotiation based on the foregoing tasks. The Cable Group could choose to take the lead role in negotiating and call on us for technical support and advice, or we could take the lead. In either case, the goal would be to reach agreement through the informal renewal process in three or four eight-hour negotiating sessions. If informal negotiations fail, the Cable Group would have to consider formal renewal proceedings. We have assumed only one set of joint negotiations would be involved. To the extent that we were asked to negotiate separate agreements on behalf of individual members of the Group, costs would be higher. We approach negotiations in the following manner; 0 First, we will work with the Cable Group to identify a negotiating team. The team would include the Miller & Van Eaton team leader and members of Cable Group staff. Miller & Van Eaton will meet with the team, go over the analysis of the cable operator's proposal (if any), and develop specific negotiating goals and priorities. 0 Second, Miller & Van Eaton will work with the negotiating team to develop a strategy for achieving the goals identified. 0 Third, based on the report described in Task 4, we will prepare a set of negotiating points to serve as a basis for negotiations, and a draft of a franchise agreement. ® Fourth, we will conduct negotiations. After each session, we will debrief the session, re-evaluate negotiating strategy, and reconsider negotiation goals as required to achieve•the best results. 0 Fifth, throughout the negotiation, other members of the Project Team will provide the technical and analytical support required to respond to proposals made by the operator. 8 0 Sixth, we will work with the operator to establish the principles which will provide the basis for agreement. Based on this agreement, specific franchise language will be proposed and agreed to, assuming both sides can come to an accord. Seventh, we will revise the original draft agreement to incorporate the results of the negotiations. It is difficult to estimate the exact amount of time that may be required for negotiation. Negotiations with a cooperative operator can go quickly and smoothly. On the other hand, if an operator chooses to drag its feet, negotiations can be delayed interminably. The proposal to the Cable Group is based on the assumption that the Cable Group and the operator can reach an agreement in principle in three eight-hour negotiating sessions. The bid builds in significant time for preparation outside the negotiating room -- one key to efficient negotiation. r 9 Proposed Task List for Provision of Telecommunication Systems Engineering Consulting Services for Contra Costa County and City Governments, California Prepared by: 0:4Columbia corpom� nlcaa s aai ;*=M"ftO"h"Ue""ft ColumbiaTelecommunications Corporation 5553 Sterrett Place Columbia, INIMIand 21044 Tel. 410.964.5700 Fax: 410.964."78 www.iatftn'ttete.com February 1.1, 1"9 Columbia Telecommunications Corporation("C'S'C)hereby proposes to provide the following telecommunications systems engineering consulting services to the Centra Costa Cable Group,California("Clients"): Task I ToghWcal&dit-Physigal arnd t Assts=cn CTC proposes to perforin an on-site field investigation of the existing cable systems to deteradne if the systems meet appropriate standards. We understand that the County contains at least sic cable systems,all of which are operated by TCI. This unusual configuration adds significant complexity to the technical tasks that normally precede a fianchiso rcanewal. Ordinarily,one system receives a comprehensive technical audit,whia serves as the basis for a comprehensive technical report. To conduct such a pros for six or more cable systems, however,would be rely costly. We therefore propose that,in ardor to keep the cosh of our services down,we take a"spot-checking,"rather than comprehensive,approach to the technical audit. Under this process,we,would not test or inspect each system in detail,but would spot- check among the systems so as to gain an impression of their general.status. This proms should,at minimum, ascertain whether there are particular problem areas that bear further scrutiny. The physical plant assessment will include spot-checks of cable plant, , trunk and feeder system, subscriber installations,and headend and central control equipment. CTC will review system design maps and select 20 separate locations,dispersed among all the cable systems,for inspection. The inspections will identify the condition of the existing cable Honks and feeder plant and the confomity of the plant with required cedes and standards. As part of the field investigation, CTC will determine the consistency with the existing plant of the cable plant maps provided by The TCS. Inspection lags will be maintained recording the results of the investigation, along with any violation of codes or abnormal construction practices. As part of the electrical plant assessment,CTC will visit key electronic facilitics of the cable systems,including some of the headend and:hub sites. The inspection will determine the types,quantities, and general operational status of the electronic equipment associated with the headend and distribution networks. CTC will spot-check FCC proof of-performances data for the last two testing periods to ensure that the historical testing practices are consistent with FCC rules and generally accepted test procedures. CTC will randomly select facilities for inspection to determine that the system is consistent with documentation and with the existing franchise agreements. 1 Fran-MILLER VAS EATON ItWZ44 r—dca _ CTG will work directly with TC1 to oversee and monitor the testing of system performance in confr misty with FCC test stance. Tests will measure selected par 3eters, potentially includ4 carrier-to-noise,comer-to-composite distortion,sib levels,and subjective viewing quality. Measurements will be performed,on one site per system. Eased on past experience, it is assumed that the measurements will be a collaborative effort between TC1, County and City st4 and CTC.In the event that there is any question regarding testing methodology, understanding between all parties involved in the testing will be reached prior to test performance. In addition to the test equipment available from TCI, CTC can provide a spectrum analyzer and signal level meters. CTC will prepare an overview Report of the results of the Physical Plant A.ssessruents and Electrical Plant Assessments. The Report's purpose will be to summarize the current capabilities of the cable systems and the potential of the systems to support future services. The Report will be designed to alert the Clients to the general Mets of the cable systems and to deme whedw there are problem areas that bear further technical.evaluation. A preliminary draft will be provided within six weep of the completion of testing. Documentation in the foal report can be expanded or reduced based on specific Gent needs. Estimated Cost for Task I Hours Rate Teasel Senior Project Engineer 80 $99.00/hr. 7,9211 Senior Engineer 120 $89.00/hr. 10,680 Staff Engineer 160 $79.001hr. 12,640 Engineering.aide 50 $40.001hr. -12-900 Total.Professional Engineering Pees for flask 1 $33,240 (exclusive ofvel expenses) T I-fit P1=inZ C-4 lteoar* As the Clients prepare for ale franchise renewal negotiations,CTC can assist with planning an Institutional Network C"I-Net")to meet the Clients' telecommunications needs. The documentation prepared dining such a planning process is often.used as a negotiation tool during franchise renewal. CTC proposes to assist the Clients with system-level planning of a,County- wide I-Net, based on a requirements analysis and network planning discussions. CTC will conduct discussions with Client administrators and ethers designated by the Clients to examine telecommunications needs. The discussions will focus on the engineering and operutional requirements for the I-t et and on the applications that can be supported by a network, such as data networking, security systems,distance learning, traffic management,video conferencing,and voice information systems. Examples of'existing networks will be presented to illustrate the types of applications possible. 2 t°l9i7-{L—�1� if:lf3 C•"JI{i—MfLLCi6 'fHCf CMIUfC a.+amwr.r-r ia. «. + vem The discussions will be used to obtain feedback regarding specific requirements that might be,addressed by an,I-Net during the cable franchise renewal. On the basis of this information,CTC will prepare a Requirements,Analysis analyzing the telecommunications needs and potential objectives the Clients may wish to address with an I-Net. The Clients will require a system.-level plan of the network selected in order to plan to select a particular strategy,to allocate resources,and to negotiate for an I-Met during cable franchise negotiations. CTC will thus use the pequirements Analysis to develop a sysmm-level pian for a fiber- optic iberoptic or hybrid fiber-coaxial cable network to carry telecommunicat'ons services. CTC will develop attumber of alternatives for the t Net that will enable the Clients to select a particular strategy and plana Since much of the expense of building an I Net is the cost of physical installation of the cable,CTC will develop alternatives based on existing and future cable system plant architecture where possible, The alternative s06nuios wilt evaluate the potential cast and savings available to the Clients in coordinating installation with the subscriber cable system upgrades that will likely result from franchise negotiatiOns. The plan will recommend alternate cost-effective routing to ensure that key Client users and facilities have access to the network. The plan will present alternatives to take maximum advantage of existing systems and recommend efficient migration to fiber optics and new network technologies. In conducting these discussions and preparing its report, CTC will work closely with the members of the Cable Group and, if the Cities wishes,the school districts and TCI. The I-Net planning process may be significantly complicated by the large number of jurisdictions in the County. CTC's ape of work will be expanded by the need to address and reconcile the needs and situations of numerous Clients. In addition, Clients may have conflicting interests in such items as I-Net applications,routing,confgui don,and bandwidth. The pricing below assumes that all or most of these Clients will participate in the I-Net process and that sigrufioarnt plannirng conflicts will not arise among Clients. Should conflicting Client interests in=ase the scope of worts necessary,the cost may increase proportionally.. Howcvver,should some Clients elect not to participate in the process,the cost may be reduced. 3 Fj01E�"#1IfLLtF VAN WO t?Ll�4�tld4 Estimated Costs for Task I Estimated Hours Ft*fRour Total Principal Engineer 50 hours $110.00 5,500 Senior Project En&eer 200 hours $99.00 19,800 Engineering Aide 20 hours $40.00 __M Total Professional Engineering Foes for Task 2 26,100 (exclusive of travel ' Alt 3 QjW- e�val�lated T As the Clients proceed with the preparation for franchise negotiv4ions and with the negotiations themselves,CTC can mist with additional technical issues and technical negotiation support request. Such UWw M include, for example,evaluating'TCl's proposed system upgMde to determine if it will support the I Nest and provide the desimd level of functionality to subscribers. Other tasks include providing generad technical smart to Miller& Van Win. In light of the fact that such tasks cannot be adequately predicted at this prelinaini stage,CTC proposes to provide these services on a time and materials basis. We can provide detailed cast estimates once specific tasks are determined. T= Billing rates are inclusive of all routine expenses and local Iravel. :"ion-routine expenses and long-distance travel am billed at cost. CTC makes every effort to obtain reasonable travel fares and.rates. CTC's rates am guaranteed, for tasks proposed herein, until the end of calendar year 1999. Payment is due within thirty(30)slays*f invoice. 4 REVISED COST PROPOSAL Tasks 1-111; Conduct focus group workshops $10,000-12,000 Current PEG review $4,000-5,000 Analysis of reports $1,700-2,000 Conduct Institutional Network.. 0-NET) survey $2,000-2,500 Technical analysis $30,000-85,000 I-Net technical planning $25,000-27,000 Statistical survey $9,500-10,000 Draft report $7,000-8,000 Task IV Evaluate telecom ordinance .$2,000=4,000 Task V Review current franchise documents and brief County personnel $8,000-10,000 Draft model franchise agreement $5,000-7,000 Task VI Conduct negotiations with TCI $20,000-25,000 -------------------------- TOTAL COST OF PROJECT $124,200 — 147,500 OPTIONAL TASKS Review/evaluate customer service $4,000-4,500 Conduct joint hearing and analyze testimony $2,000-3,000 rorno`1rfpsiMCA00096,DOC PROPOSE} TIMTABLE FOR PROJECT We believe the proposed schedule provides sufficient time to undertake and complete all renewal-related services while leaving the County adequate time to complete any formal renewal proceedings before the franchise expires, should informal negotiations prove unsuccessful. Months 1-4 Review franchise documents; organize and conduct on-site educational/planning seminars?; refine project timetable and develop goals, commence detailed review of-current cable regulatory ordinance; commence drafting model cable regulatory ordinance and franchise agreement. Months 3-7 Carry out technical analysis and cable-related needs assessment as needed. Complete drafting cable ordinance and franchise agreement to reflect Communities' needs. Months 6-10 Develop negotiating strategy and conduct renewal negotiations with operator. Months 11-12 Public hearings held on proposed cable ordinance and franchise agreement as agreed to in negotiations. Further documenting of community needs and operator's response to these needs, a Months 13-15 City approves cable ordinance and proposed franchise agreement, or tentatively decides not to renew franchise, Months 16-13 if informal renewal process fails, proceed with formal Cable Act proceedings. Miller & Van Eaton, P.L.L.C. Section S PROJECT TEAM Miller & Van Eaton expects that the project team for Contra Costa County will consist of Joseph Van Eaton, Matthew Ames, and William Lowery. The personnel from The Buske Group would include Sue Buske, Randy Van ©alsen, Fred Johnson, and Tom Wilson of Group W Communications. In your RFP, you request samples of our work product as part of the proposal package. In order to protect the interests of our clients, we generally do not provide these documents and materials to other entities without specific authorization. We recommend that you contact our references for such information. n Miller & Van Eaton, P.L.L.C. Page 31 Section 4 REFERENCES Miller & Ven Eaten References: CABLE FRANCHISE RENEWAL AND TELECOMMUNICATIONS ORDINANCE City__cf_Santa Clara, California We have prepared a general telecommunications ordinance for the City and represented the City in cable franchise renewal, obtaining a dedicated institutional network for use by the governments and by their schools. This project began in 1995 and was completed in raid-1996, Reference: George Wood Director of Communications City of Santa Clara 1990 Walsh Avenue Santa Clara, CA 95050 (408) 954-3212 CABLE FRANCHISE RENEWAL ANIS TELECOMMUNICATIONS ORDINANCE City of Tucson, Arizona For the City of Tucson, we have prepared a telecommunications ordinance and also represented the City in cable franchise renewal. We are also advising the City on other matters. Reference: Mr. Brad Detrick Assistant City Attorney City of Tucson 481 West Paseo Redondo Tucson, AZ 85701 (520) 791-4221 Miller & Van Eaton, P.L.L.C. page 32 TELECOMMUNICATIONS ORDINANCE City of Tacoma, Washington Miller & Van Eaton prepared a comprehensive telecommunications ordinance for the City. Reference: Leslie T. Rowen Director of General Services City of Tacoma Tacoma Municipal Building 747 Market Street, Suite 1120 Tacoma, WA 98402 (206) 591-5885 CABLE FRANCHISE RENEWAL King County, Washington Miller & Van Eaton assisted King County, Washington in cable franchise renewal negotiations, and obtained a very favorable resolution, including construction of an institutional network for the County. This project began in 1993 and was completed in 1996. Reference: Marlin Blizinsky, Esquire Manager, Office of Cable Communications King County, WA 700 5th Avenue, Suite 2300 Seattle, WA 98104-5002 (206) 296-3880 CABLE FRANCHISE RENEWAL, TELECOMMUNICATIONS ORDINANCE, AND RATE REGULATION Montgomery County. Marviand We have very recently completed a cable franchise renewal settlement for Montgomery County, and continue to work with them in the areas of franchise enforcement, rate regulation matters and development of a telecommunications ordinance. The County is a continuing client of Miller & Van Eaton; we have been assisting them for several years. Reference: Ms. Jane Lawton Cable Administrator, Montgomery County 100 Maryland Avenue Rockville, MD 20850 (301) 217-7372 Miller & Van Eaton, P.L.L.C. Page 33 ...................................................................... ............................... ........ ......... ......... ......... ......... ........... ....... ......... .............. ...._.. ........ ...... _ ......... ............ .............. ............. .. ......._. ........ ...... ................... . . ........ .. Buske Group References: City of Tampa, Florida Mr. John McGrath Office of Cable Communication 202 W. 7th Avenue Tampa, FL 33602 (813) 274-3217 Scope: Conducted cable television related needs assessment. Montgomery County Maryland Ms. Jane Lawton Montgomery County Government Office of Consumer Affairs 100 Maryland Avenue Rockville, MD 20850 (301) 217-7372 Sco e, Conducted cable television related needs assessment. City of Santa, Rosa, California Mr. Marc Richardson, Assistant City Manager City of Santa Rosa Post Office Boat 1678 Santa Rosa, CA 95402-1678 (707) 543-3010 Scope: Cable television related needs assessment; assisted in cable franchising proceedings and rate regulation described above. City cif Monterey. California Mr. Fred Cohn, Deputy to the City Manager City of Monterey City Hall Monterey, CA 93940 (408) 646-3760 Sc� Cable television related needs assessment, assisted in cable franchising proceedings described above. Miller & Van Eaton, P.L.L.C. Page 34 p TO: BOARD OF SUPERVISORS FROM: Barton J. Gilbert, Director of General Services Contra Costa DATE: May 18, 1999 County SUBJECT: CONTRACT WITH AVD (ADVANCED VOICE ARID DATA) FOR TELECOMMUNICATIONS SERVICES SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDATION Approve and authorize the General Services Director or his designee to execute a telecommunications contract with AVD (Advanced Voice and Data) for a maximum amount of $100,000 for a period beginning May 18, 1999 and ending January 31, 2000. 11. FINANCIAL IMPACT Funds will not be encumbered by the agreement and no additional General Fund monies are requested. Services will be charged out to requesting departments. 111. REASONS FOR RECOMMENDATION/BACKGROUND County telecommunication service demands continue to increase due to the rapid technological changes in voice and data systems. The General Services Department's Telecommunications staff needs additional help to meet these service demands, as the staff cannot handle all the service requests from departments. The need for help has intensified with the current vacant position of Lead Telecommunication Technician. It has further been very difficult to recruit qualified journey-level Telecommunications Technicians on a temporary basis to assist with this work., as Telecommunications is a booming field with higher salaries available elsewhere. The General Services Department plans to announce an examination for permanent Telecommunications Technicians in the near fixture. AVD can provide staff to assist as needed with the heavy workload and alleviate the many hours of overtime by inhouse staff. If this contract is not approved, then Telecommunications work for departments will be delayed, as the Telecommunications Technicians are already working overtime to meet customer department needs; and they cannot keep up with the workload. CONTINUED ON ATTACHMENT: SIGNATURE: 6*WHd0* RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES: ACTION OF BOARD ON _jMgy 18 1999 APPROVED AS RECOMMENDED m X OTHER VOTE OF SUPERVISORS X UNANIMOUS(ASSENT Nolle AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: CC: County Auditor-Controller I HEREBY CERTIFY THAT THIS IS A TRUE GSD tyAuditor-Con AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVISORS ON THE BATE SHOWN. Telecommunications ATTESTED May 18. 199<)_ DTIC BCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY Y � r DEPUTY G:\Admin\SteveIAVDBoardOrder.doa Page 1 of 1 M382(10/88) CONTR�'ll TO: BOARD OF SUPERVISORS COSTA FROM: Phil Batchelor COUNTY Y County Administrator ' DATE: April 30, 1999 SUBJECT: AUTHORIZE EXECUTION OF CONTRACT AMENDMENT FOR PIC TRANSITIONARY STAFFING SPECIFIC REQUEST($)OR RECOMMENDATION(S)&BACKGORUND AND JUSTIFICATION I. RECOMMENDED ACTION: Authorize the County Administrator or his designee to execute a contract amendment (19- 204341) with the California Workforce Association (CWA) Office of the California State Association of Counties (CSAC) to increase the payment limit by $0,750 to $49,500 with no change in contract term. It. FINANCIAL IMPACT: None, one hundred percent federally funded. ltt, CHILDREN IMPACT STATEMENT: The PIC programs support the third outcome --families that are economically self-sufficient. IV. REASONS FOR RECOMMENDATION: On January 5, 1999 the Board approved a contract with CWA to provide transitional PIC program administrative staff service. That contract provided for full time staffing through May 15, 1999 and part time staffing through June 30, 1999. Since then the Board has approved a reorganization of the delivery of employment and training services within the County and authorized WIB director and Service Administrator positions, for which recruitment has begun. However, it is not anticipated these positions were be filled by May 1 5th. This action will allow current PIC programs to continue uninterrupted through June 30th, by which time it is anticipated that the two positions will be filled and County consolidation of the employment and training programs will begin. � � �- CONTINUED ON ATTACHMENT: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OfVBOAFrOMMITTFF --,,2L'-APPROVE OTHER SIGNATURE S) 4��a�Z/'Z�-- ACTION OF BOARD ON &y 18, 1922 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT None y AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED. M., U 18, 1999 PHIL,BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CONTACT": cc: Privater Industry Council County Administrator Count'Auditor-Controller fl'✓ ✓ Sara Hoffman,CAO BY ! ' fit { '</< j DEPUTY John Cutler,,Social Service y:diekettetboard order form/contract amendment