HomeMy WebLinkAboutMINUTES - 06221999 - C150-C154 TO: BOARD OF SUPERVISORS
fi . Centra
FROM:
John Cullen, Director tip 1 `
Costa
Social Service Department x, ��
Py, y4 \ly/
DATE: June 8, 1999 .. ._,�.''
CUL,.
SUBJECT:
APPROVE and AUTHORIZE the Director of Social Service, or designee, to EXECUTE
Contract ##21-458-1 with F.M. Blake and Associates for Foster Care SSI determination.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Director of Social Service, or designee, to EXECUTE
Contract #21-458-1 with F.M. Blake and Associates for the determination of SSI
eligibility of children in Foster Care, in the amount of$75,000, for the period of July 1,
1999 through June 30, 2000.
FISCAL:
No County cost. Contract payment is on a contingency fee basis with all costs covered by
generated revenue. There are two types of contingency fees, payable only after benefits
are approved: one for initial applications and another for continuing applications.
CHILDREN'S IMPACT STATEMENT:
This contract will support all five of Contra Costa County's community outcomes: (1)
"Children Ready for and Succeeding in School"; (2) "Children and Youth Healthy and
Preparing for Productive Adulthood"; (3) "Families that are Economically Self
Sufficient"; (4)"Families that are Safe, Stable and Nurturing"; and (5) "Communities that
are Safe and Provide a High Quality of Life for Children and Families" by generating SSI
income for Child Welfare Services.
BACKGROUND:
Federal Welfare Reform brought changes in Social Security Administration regulations.
SSI benefits provide additional funding that enhances Child Welfare Services' ability to
meet children's special needs. When granted, past due awards are deposited in trust
accounts to cover costs of children's special needs. Ongoing payments offset County and
State maintenance costs.
0lw' ,
CONTINUED ON ATTACHMENT: SIGNATUR€: '¢ q
r'YAVy
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C MITTEE
APPROVE OTHER
SIGNATUR€S:�� J
ACTION OF BOARD ON-- < E rl . r' APPROVED AS RECOMMENDED _G: OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT , } 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.
f
ATTESTED
Contact: ; anna Fabella, 3-1583 PI II BATCHELOR,CLERK OF THE BOARD OF
cc: COUNTY ADMINISTRATOR SER UPERVISORS AND COUNTY ADMINISTRATORAUDIT R-CC W,.ig0Li
CONTRACMR, BY
,DEPUTY
S
TO: BOARD OF SUPERVISORSts..� :;•�.�
Contra
FROM: John Cullen, DirectorCosta
Social Service Department
DATE: June 2, 1999 °°sr;��U� �'
County
SUBJECT: APPROVE and .AUTHORIZE the Director of Social Service to execute a contract with
Mr, Ken Acosta to coordinate job development for CalWORKs participants.
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTLON:
APPROVE and AUTHORIZE the Director of Social Service, or designee, to execute a
contract with Mr. Ken Acosta (#21-4$2-2) in the amount of$50,000 for coordinating
job development for CalWORKs participants for the period of July 1, 1999 through
June 30, 2000.
S
Federal funds cover 85% of this contract, with the remaining 15% charged to County
fends.
CHILDREN'S IMPACT STATEMENT:
Coordinating job development for CalWORKs participants directly supports
community outcome number three: "Families that are Economically Self Sufficient."
Matching unemployed and underemployed workers with jobs and training leads to
increased self-sufficiency and economic productivity.
BACKGROUND:
The Job Development Coordinator acts as a liaison between various employers and the
Social Service Department. The Coordinator boosts job development efforts at County
one-stops and other sites, matching workers with job leads whale tracking CalWORKs
participants' placements in specialized job projects.
Funding this position allows continued coordination of County job development
efforts, including implementation of countywide recruitment and screening.
3 I
CONTINUED ON ATTACHMENT: SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES
ACTION OF BOARD ON_. ,_fit _ t ' �I APPROVED AS RECOMMENDED OTHER ---
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ASSENT ) 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.
' i^ Ery
ATTESTED _i �� `�' 2 ? /
Contact: Robert Hofmann, 3-1.593 PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: SOCIAL SERVICE (CONTRACTS UNIT) SUPERVISORS AND COUNT`/ADMIN*TRATOR
CO =, ADMINISTRATOR
AUDITOR-CONTROLLER
CONTRACTOR
BY
, w
DEPUTY
i
TO: BOARD OF SUPERVISORS ; f
FROM: William Walker, M.D. , Health Servi e "irector a
Contra
By: Ginger Marieiro, Contracts Administrator
June 10, 1999 Costa
DATE: County
SUBJECT: Approval of Contract #23-201-5 with Paula Hines
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOI MENDATION(8
Approve and authorize the Health Services Director to execute can
behalf of the County, Contract #23-201-5 with Paula Hanes, in the
amount of $85,948, for the period from July 1, 1999 through June 30,
2000 for provision of consultation and technical assistance to the
Department with regard to the Local Initiative and other Health Flan
programs.
FISCAL IMPACT
Funding for this Contract is included in the Department$s Enterprise
I budget.
BACKGROUND/REASON(S) FOR RECOMMENI A_T I ON j S)
On June 23, 1998, the Beard of Supervisors approved Contract
#23-201-4 with Paula Manes, for the period from July 1, 1998 through
June 30, 1999, to provide consultation and technical assistance to
the Health Services Director with regard to the implementation Of
the Local Initiative for Contra Costa Health Plan'.
Approval of Contract #23-201-5 will allow the Contractor to continue
providing services through June 30, 2000.
CONTINUE )ONTTACH NT: YeeSIGNATURE %< r, - t .� �•
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON ✓°
r APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (AB SENT ./ ) 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 ) tom ,I
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Person: Milt Camhi (313-6004)
CC: Health Services(Contract)
Auditor-Controller
Risk Management BY DEPUTY
Contractor
Contra
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR � os
ta
DA June 11, 1999 ouny
SUBJECT: Amended Agreements with cities for a consultant to provide cable franchise
renewal services.
SPECIFIC REQUEST(S)OR RECONIMENDAT#ON(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
APPROVE the Amended "Consultant Services Agreement" (Attachment A) between Contra Costa
County , the Cities of Antioch, Clayton, Concord, Danville, Lafayette, Martine, Moraga, Orinda,
Pleasant FIill, Walnut Creek and Miller & Van Eaton, L.L.P. for professional 'services including a
Community Needs Assessment, evaluation of a draft Telecommunications Ordinance, development of
a negotiation strategy for renewals with TCI systems and (Optional) implementation of the
negotiation strategy;and
AUTHORIZE the County Administrator or his designee to sign the Amended "Consultant Services
Agreement"and pay the County's portion as designated on the "Apportionment of Consultant Fee
under the Revised Miller&Van Eaton Proposal"(Attachment B) .
APPROVE the Amended "Agreement for Centralized Payment of Cable Consultants" (Attachment
C)to allow the City of Walnut Creek to act as a conduit for payments from the local jurisdictions to
Miller&Van Eaton,L.L.P. for the above Amended"Consultant Services Agreement";and
AUTHORIZE the County Administrator or his designee to sign the Amended "Agreement for
Centralized Payment of Cable Consultants".
FINANCIAL IAIPA+CT:
Amended costs , not to exceed $43,009 which is less than the original contract costs of
$46,157. These will be advanced by the County Administrator's Office. TCl Cablevision
systems wffl be requested to cover these costs as part of renewal expenses and in lieu of doing
individual needs assessment surveys. Staff'expects them to pay these casts in whole or in
part.
CONT:NU€D ON ATTACHMENT: YESS
"sGNATURE `� i • rte
RECOMM€NDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMM#TTEE
,25—APPROVE OTHER
SIGNATURES ' l i ✓ s
ACTION OF BOARD ON—
APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
XI HEREBY CERTIFY THAT THIS IS A TRUE
UIdA?tIT�Oi)S(ASSENT
AND CORRECT COPY OF AN ACTION TAKEN
AYES: 'NOES: AND ENTERED ON Ti#E MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
.q._r
-yam
ATT EST€D_`' �.�FP"3� k ( q C f`9
Contact: PHIL BATCHELOR.CLERK OF THE BOARD O
cc`1'140 SUPERVISORS AND COUNTY ADMINISTRATOR
T �
BY d �rr h- .J� DEPUTY
BAr C BOUNUREASON(S) FCR RECOMMENDADON(al.
Can May 18, 1999, the Beard of Supervisors approved the original agreements and authorized the
County Administrator or his designee to sign there. Following that meeting,the staff of the City of
Richmond was informed that TCI would not be willing to open early negotiations for their renewal
and staff informed the other jurisdictions that Richmond would not be participating in the survey.
Staff of the all jurisdictions met and confirmed their commitment to participate but agreed to move
the task of a feasibility study for an INTET to an optional task until such time as there is a
demonstrated need as a result of the focus groups. This will keep the casts within the range of
those previously approved.
The agreements have been amended to remove Richmond's name and costs have been revised
based on the shifting of the INET study to an optional task. Staff recommends approval of the
amended"Agreements".
CONSULTANT SERVICES AGREEMENT
This Agreement is entered into by and between the COUNTY OF CONTRA
COSTA, the CITIES OF ANTIOCI I, CLAYTON, CONCORD, LEAN VILLE,
LAFAYETTE, MARTINEZ, MORAOA, ORINDA, PLEASANT HILL, 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 Cable
Franchise Renewal process which includes the following components:
Community Needs Assessment, Evaluation of a 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
I. 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°1 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
1
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, If,
and III in the workplace, 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;
s develop a strategy for entering negotiations with TCI 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$105,200 and $128,000 plus reimbursement of travel and
administration expenses estimated not to exceed 15%--total not-to-
exceed $147,200. 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 perform 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 that may be required for furnishing
services pursuant to this Agreement.
2
5. Independent Contractor. Bath parties understand that Consultant, its
agents, employees and independent contractors are and shall at all times
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 perforins 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 city 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.
g. 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 GL 0404 covering Broad Form
Comprehensive General Liability; or Insurance Services Office
Commercial General Liability coverage ("occurrence" form CG
0001).
2. Insurance Services Office farm number CA 0001 (Ed. 1/78)
covering Automobile Liability, cede 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. Malpractice Liability: $1,000,000 per occurrence.
C. Deductibles and Self=Insured 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, hired 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 suitis 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. Acceptability orflnsurers
Insurance is to be placed with insurers with a Best's rating of no
less than ANIL
5
f. Verification of Coverage.
Consultant shall furnish the Agencies with certificates of insurance
and with original endorsements effecting coverage required 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 Eaton, L.L.P.
Attn: Lorie Tinfow Attn: Mr. Matt Ames
City of Walnut Creek 1155 Connecticut Ave.,N.W.
P.O. 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 qualities 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
20. Entire Agreement. This Agreement is the entire 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.
a
CONSULTANT: ?
COMPANY: NIIL P.
BY: MATTHEW C. AMES
TITLE: ATTORNEY
Subscribed and sworn to before me this 28th
day of April, 1999 .
Notarized by: CL.
144-t�'
Wlllette A. Hill
Notary Public
vwt 30
Signed by Date 5
"/C Y OF WALK` REEK
iY
CITY MAI�'AGER
Signed by Date
CONTRA COS'T'A COUNTY
COUNTY ADMINISTRATOR
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 DAN'VILLE
CITY MANAGER
s 4 :3
Signed by ice ,' Date `
C OF LAFAYETTE
CITY MANAGER
8
20. Entire Agreement. This Agreement is the entire 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: MILLER.& VAN EATON,L.L.P.
BY: MATTHEW C. AMES
TITLE: ATTORNEY
Notarized by:
Signed by9 Date
Y OF WALNUT CREEK
CITY MANAGER
Signed by Date
CONTRA COSTA COUNTY
COUNTY ADMINISTRATOR
Signed by Date
CITY OF ANTIOCH
CITY MANAGER.
Signed by Date
CITY OF CLAYTON
CITY MANAGER.
Signed by Date
CITY OF CONCORD
TY MANAGE
Signed by �.. Date
IT OF DANVILLE
CIT MANAGER
�NM pS 3
tl, CZ {f
{
Signed by '; ' Date d A
CITY OF LA AYETTE -
CITY MANAGER.
8
2 . Entire Agreement. This Agreement is the entire 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: MILLER&VAN EATON, L.L.P.
BY: MATTHEW C. AMES
TITLE: ATTORNEY
Notarized by:
Signed by Date
CITY OF WALNUT CREEK'..
CITY MANAGER.
Signed by Date
CONTRA COSTA COUNTY
COUNTY ADMINISTRATOR
Signed by Date
CITY OF ANTIOCH
CITY MANAGER
Signed by CLAYTON q j 7y� .Date ��- ----
CITY OF
CITY MANAGER
Signed by Date
CITY OF CONCORD
CITY.MANAGER
Signed by Date
CITY OF DANVILLE
CITY MANAGER.
Signed by .Date
CITY OF LAFAYET"TE
CITY MANAGER
8
20. Entire Agreement. This Agreement is the entire 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: MILLER & VAN EATON, L.L.B.
BY: MATTHEW C. AMES
TITLE: ATTORNEY
Notarized by:
Signed by Date
CITY OF WALNUT CREEK.
CITY MANAGER
ac_ 5,
Signed by Date
CONTRA COSTA COUNTY
COUNTY ADMINISTRATOR
Signed by Date
CITY OF ANTIOCH
CITY MANAGER
Signed by Date
CITY OF CLAYTON
CrLY MANAGER
Signed byes
CITY OF CONC
CITY MANAG R
Signed by Date
CITY OF DANVILLE
CITY MANAGER
Signed by Date
CITY OF LAFAYETTE
CITY MANAGER
Signed by Late
CITY OF MARTINEZ
CITY MANAGE
Signed by � ... - � Date
CITY OF MORAGA
CITY MANAGER
Signed by Late
CITY OF ORINDA
CITY MANAGER
Signed by Tate
CITY OF PLEASANT HIL.L..
CITY MANAGER
Reviewed by.
8./
Paul Valle-Riestra
Assistant City Attorney, City of Walnut Creek
Approved as to farm:
AMJA)r
David Sc�.7t
County Attorney, County of Centra Costa
9
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 Bate
CITY OF PLEASANT HILL
CrrY MANAGER.
Reviewed by:
Paul Valle-Riestra
Assistant City Attorney, City of Walnut Creek
Approved as to form:
David. Schmidt
County Attorney, County of Contra Costa
9
Signed by Date
CITY OF MARTINEZ
CITY MANAGER
Signed by 17ate ' 9 `
4
CITY OF MORAGA
CITY MANAGER
Signed by _ Date
CITY OF OR DA
CITY MANAGER.
Signed by
Date '�-
--'CITY OF PLEASANT HILL
CITY MANAGER
Reviewed by:
Paul Valle-Riestra
Assistant City Attorney, City of Walnut Creek
Approved as to form:
David Schmidt
County Attorney, County of Contra Costa
s
LAW OFFICES OF
MILLER & VAN EATON, P.L.L.C.
MATTHEW C.AMES A NoizEsSIONAL LIMITED LIAF MITY COPPORATION 1NIWAM L LOWERY
FREDERICK E.ELLROD 111 1155 CONNECTICUT AvENUE,N.W. WILLIAM R.MALONE
MARCI L.FRISCHKCRN* SUITE low NICHOLAS P.FILLER
STEPHEN J.GLIZZET AJOSEPH VAN EATON
WASHINGTON, D.C. 2{ 36-43{7f
FNCOAFORAi1PZG THE PRACME OF Of COMr W
MUER&HOLOROOKE FREDERICK E.DOOLEY
*AmmimTo PRACTCEV WWW.MILLERVANEATON.COM
Warm TELEPHONE(202) 785-0800
FAX(202) 785-1234
February 12, 1999
VIA TELECOPIER AND FIRST CLASS MAIL
Lorie Tinfow
City Manager's Office
City of Walnut Creek
1666 N. Main Street
Walnut Creek,CA 94596
Bear Lorie:
Enclosed are our revised scope of work and cost estimate. These should replace only the
detailed scope of work and the itemized cost proposal in our original proposal. The rest of the
proposal, including the introduction to the cost proposal, remains as originally submitted.
I hope the revision answers your questions. As your will see, it is substantially the same
as the original approach,but we have clarified some points regarding the needs assessment and
made significant changes in the engineering section to deal with the multiple systems in the
County.
Thank you for again for inviting us to meet with you and to submit the revisions. We are
looking forward to working with you.
Very truly yours,
Miller&Van Eaton,P.L.L.C.
By
Ja
C. es
cc: Bill Lowery
;-omo\rfpsi.MCA 00€00.DOC:,
REVISED SCOPE OF SERVICES
FOR CONTRA COSTA CABLE GROUP
Tasks Dili; Conduct a Cable Television_Needs Assessment Including Communily
Innut Plannin and nd 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 performedduring 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-lll 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 survey; and prepare a written report encompassing all of our
findings.
Focus Grout) Workshons
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 farmed in an effort to achieve economies of scale
and present a united front to the cable operator. Consequently, we propose to
conduct a single, Countywide 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 Croup as a whole, we will need to consider another approach.
Before conducting the workshops, we will form a task farce 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 organizedaccording 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 introduction 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 policieswill 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 life 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 cablecommunications
services desired by the Cable Croup, 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 I 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 & Ilan 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 Croup would conduct any necessary meetings to augment the information
gathered through the focus groups and questionnaire feedback.
Review of Current PEC Access Facilities E_ ui ment, 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 group proposes to conduct a
review of selected PEG access resources and services in Contra Costa County.
Through this review process we will;
u Prepare and distribute a questionnaire to be completed by the PEC access
staff. This questionnaire will address such items as equipment inventory
and condition, funding and expenditures, original programming figures, and
equipment usage.
3
u Interview staff persons responsible for the operation of selected PEC access
channels and facilities.
u Conduct an on-site inspection of selected PEC access facilities, noting the
condition of the major equipment items.
u Collect and analyze all data from the questionnaire responses and
interviews.
u Examine any agreements between the Gable Croup members and the cable
operator that relate to PEC access. Determine the level of compliance with
the provisions of each agreement.
u 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.
u Prepare and submit a report that includes a section regarding our evaluation
of the selected PEG access facilities, equipment and operations.
The Buske Group has extensive files containing information from other
communities regarding the level of resources, equipment and facilities that are
available for PEC 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 PEC 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 casts, our review will examine only some of the PEC 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 Survey
An institutional network ("I-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 Gable
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 c armed Lona Range Plans
The Buske Group will collect and analyze various strategic and bang range plans,
technology plans, and communications plans that have been prepared by Racal
government agencies, educational institutions, community organizations and
groups. This information is a valuable representation of community issues, needs,
and interests.
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 community-wide 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 400 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 t6% sampling error at a 950/6 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 bleeds Assessment Tasks
Subject to further discussion with the Cable Group, the following areas may warrant
particular review.
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 loop 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 Hearin
c�
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 6uske 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 Reoort
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 lei- 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 whichwill 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 Croup, 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 Croup, we will prepare a final draft for the member communities to adopt.
Task V: Devel92 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 Croup 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 1-111, 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 IFI'.
Task ill_ Work with Group to Implement Strategy for Negotiations with TCI
We would fora 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 Croup 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 throughAhe 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 manners
0 First, we will work with the Cable Group to identify a negotiating team.
The team would include the Miller & Van Eatonteam leader and
members of Cable Croup 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.
0 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. Eased on this agreement, specific
franchise language will be proposed and agreed to, assuming both sides
can come to an accord.
0 seventh, we will revise the original shaft 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.
Can 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 mo one key to efficient negotiation.
9
MILLER & VAN EATON
L. L. P.
155 MoN oomERY STREET
SI.IITE 1410
SAN FRANcisco,CALIFORNLA 94144
TELEPHONE(415)772-8127
FAX(415)434-2852
MILLER&VAN EATON,P.L.L.C.
1155 CONNECTIcur AVENUE N.w.
5vrre 1000
WASHINGTON,D.C.20036-4306
TELEPHONE(202)785-0600
FAX(202)785-1234
W W W.MILLERV ANEATON.COM
COST ESTIMATES FOR CONTRA COSTA RENEWAL
Tasks 1-111:
Conduct focus group workshops $10,000-12,000
Current FEC review $4,000-5,000
Analysis of reports $1,700-2,000
Conduct Institutional Network (I-NET) surrey $2,000-2,500
Technical analysis $30,000-35,000
Statistical survey $9,500.10,000
®raft 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 til
Conduct negotiations with TCI $20,000-25,000
--------------------------
TOTAL COST OF PROJECT $99,200— 120,500
OPTIONAL TASKS g b
Review/evaluate customer service $4,000-4,500
Conduct joint hearing and analyze testimony $2,000-3,000
93;.8\01WCA002 14.DOC
MILLER & VAN EATON
P. L. L. C.
MATTHEW C. AMES 1155 CONNECTICUT AVENUE N.W. WILLIAM L. LOWERY
FREDERICK E.ELLROD LI SUITE 1000 WILLIAM R.MALONE
MARCI L.FRISCHKORN* WASHINGTON,D.C.20036-4306 NICHOLAS P.MILLER
STEPHEN J.GUZZETTA TELEPHONE(202)785-0600 JOSEPH VAN EATON
FAX(202)785-1234
*Admitted to Practice in
Virginia Only Of Counsel
MILLER&VAN EATON,L.L.P.
Incorporating the Practice of 155 MONTGOMERY STREET FREDERICK E.DOOLEY
Miller&Holbrooke SUITE 1410
SAN FRANCISCO,CALIMORNIA 94104
TELEYHONE(415)772-8127
FAX(415)434-2852
WWW.MILLERVANEATON.COM
Effective May 1, 1999
FEE SCHED Lrls'
Pate 1 Rate 2
Standard discounted
Firm Municipal
Matthew C. Ames 230 195
Frederick E. Dooley 230 195
Frederick E. Ell'rod 111 230 195
Marci L. Frischkorn 150 120
Stephen J. Guzzetta 170 140
William L. Lowery 175 165
William Malone 265 205
Nicholas P. Miller 310 270
Joseph Van Eaton 265 205
Paralegal 75 7
Proposed Task List for Provision of
Telecommunication Systems Engineering Consulting Services
for
Contra Cosh County and City Governments, California
Prepared by.
Teta cations
co ddn
Ila 0 7k"www
Columbia Telecommunications Corporation
5550 Sterrett Place
Columbia, Maryland 21044
Tel. 410.964.5700
Fax: 410.964.6478
www.internetctc.com
February 11, 1999
Columbia Telecommunications Corporation("CTC")hereby proposes to provide the
following telecommunications systems engineering consulting services to the Contra Costa
Cable Group, California("Clients"):
Task 1. Technical Audit: Physical and Electrical Plant Assessments
CTC proposes to perform an on-site field investigation of the existing cable systems to
determine if the systems meet appropriate standards. We understand that the County contains at
least six cable systems,all of which are operated by TCI. This unusual configuration adds
significant complexity to the technical tasks that normally precede a franchise renewal.
Ordinarily, one system receives a comprehensive technical audit,which serves as the basis for a
comprehensive technical report. To conduct such a process for six or more cable systems,
however,would be extremely costly. We therefore propose that,in order to keep the cost 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 process
should, at minimum,ascertain whether there are particular problem areas that bear farther
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 trunks and feeder plant and the conformity of the plant with required odes 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 TCI.
Inspection logs 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 facilities 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-performance 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
CTC will work directly with TO to oversee and monitor the testing of system
performance in conformity with FCC test standards. Tests will measure selected parameters,
potentially including carrier-to-noise, carrier-to-composite distortion, signal levels,and
subjective viewing quality.
Measurements will be performed on one site per system. Based on past experience, it is
assumed that the measurements will be a collaborative effort between TCI, County and City
staff, 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 Assessments
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 status of the cable systems and to
determine whether there are problem areas that bear further technical evaluation. A preliminary
draft will be provided within six weeks of the completion of testing. Documentation in the final
report can be expanded or reduced based on specific Client needs.
Estimated Cast for Task 1
Hours Rate Total
Senior Project Engineer 80 $99.00/hr. 7,920
Senior Engineer 120 $89.00/hr. 10,680
Staff Engineer 160 $79.00/hr. 12,640
Engineering Aide 50 $40.00/hr. 2,000
Total Professional Engineering Fees for Task 1 $33,240
(exclusive of travel expenses)
Task 2. I-Net Planning—and Report
As the Clients prepare for cable franchise renewal negotiations, CTC can assist with
planning an Institutional Network("I-Net")to meet the Clients' telecommunications needs. The
documentation prepared during 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,basted on a requirements analysis and network planning discussions.
CTC will conduct discussions with Client administrators and others designated by the
Clients to examine telecommunications needs. The discussions will focus on the engineering
and operational requirements for the I-Net 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
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-Nlet.
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-Net during cable
franchise negotiations.
CTC will thus use the Requirements Analysis to develop a system-level plan for a fiber-
optic or hybrid fiber-coaxial cable network to carry telecommunications services. CTC will
develop a number of alternatives for the I-Net that will enable the Clients to select a particular
strategy and plan.
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 scenarios will evaluate the potential cost 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 scope 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, configuration, and bandwidth. The pricing
below assumes that all or most of these Clients will participate in the I-Net process and that
significant planning conflicts will not arise among Clients. Should conflicting Client interests
increase the scope of work necessary, the cost may increase proportionally. However, should
some Clients elect not to participate in the process,the cost may be reduced.
3
Estimated Costs for Task 2:
Estimated Hours Fee/Hour Total
Principal Engineer 50 hours $110.00 5,500
Senior Project Engineer 200 hours $ 99.00 19,800
Engineering Aide 20 hours $ 40.00 800
Total Professional Engineering Fees for Task 2 26,100
(exclusive of travel expenses)
Additional Renewal-Delated Tasks:
As the Clients proceed with the preparation for franchise negotiations.and with the
negotiations themselves, CTC can assist with additional technical issues and technical
negotiation support request. Such tasks can include,for example,evaluating TCI's proposed
system upgrade to determine if it will support the I Net and provide the desired level of
functionality to subscribers. Cather tasks include providing general technical support to Miller a
Van Eaton.
In light of the fact that such tasks cannot be adequately predicted at this preliminary
stage, CTC proposes to provide these services on a time and materials basis. We can provide
detailed cost estimates once specific tasks are determined.
Terms;
Billing rates are inclusive of all routine expenses and local travel. Non-routine expenses
and long-distance travel are billed at cost. CTC makes every effort to obtain reasonable travel
fares and rates. CTC's rates are guaranteed, for tasks proposed herein, until the end of calendar
year 1999. Payment is due within thirty(30)days of invoice.
pkontracostaltandLinet jsh.021199
4
PROPOSED TINITABLE 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 seminar(s); 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 those needs.
Months 13-15 City approves cable ordinance and proposedfranchise
agreement, or tentatively decides not to renew franchise.
Months 16-18 If informal renewal process fails, proceed with formal Cable
Act proceedings.
Miller & Van Eaten, P.L.L.C.
EXHIBIT A
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, bandy Van Dalsen 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.
Miller & Van Eaton, P.L.L.C.
AGREEMENT FOR CENTRALIZED PAYMENT OF CABLE CONSULTANTS
This Agreement is entered into by and between the County of Centra Costa,the
Cities of"Antioch, Clayton, Concord, Danville, Lafayette, Martinez, Moraga, Orinda, Pleasant
Hill, and Walnut Creek. (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.
B. The Agencies desire to cooperate in the development of a model'
telecommunications ordinance and in franchise renewal negotiations with TCI. 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&Van Eaton law firm,
The Buske Croup and Group W (collectively the "Consultants").
D. Roughly concurrently with this Agreement, the Agencies are entering into an
Agreement with Miller & Van Eaton, The Buske Group 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
Creek 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 Creek")
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 based on
Agreement for Centralized Payment of Cable Coordinators—Page t
number of subscribers. Each Agency shall pay `walnut geek the Agency's proportionate
share within thirty (30) days after receipt of the invoice and statement from Walnut geek.
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
Consultants' 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 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.
5. Termination. This Agreement may not be terminated except by,either (t) the
written agreement of all of the Agencies; or (2) the termination of the Consulting 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 7 2
Y OF WALNUT&EEK
CITY MANAGER
Signed by late
CONTRA COSTA COUNTY
COUNTY ADMINISTRATOR
Agreement for Centralized Payment of Cade Coordinators--Page 2
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 Creep shall not be responsible for the accuracy of any of the Consultants' invoices or for the
performance or non-performance of the Consultant Services Agreement by the Consultants.
3. Limit on Total Costo 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 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. l i wever, 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.
5. Termination. This Agreement may not be terminated except by either (1) the written
agreement of ail of the Agencies; or (2) the termination of the Consulting Agreement and payment
of all outstanding amounts clue thereunder.
6. Counterparts. This agreement may be execufed in multiple counterparts,each of
which shall be deemed an original but all of which, taker: together, shall constitute one and the
same agreement.
Signed by Date
CITY OF WALNUT CREEK
CITY MANAGER
Signed by _ � � - . ' Date
CONTRA COSTA COUNTY
COU`N`T"Y ADMINISTRATOR.
Agreement for Centralized Payment of Cable Coordinators--rage 2
Signed by Date
CITY OF ANTIOCH
CITY MANAGER
Y
Signed by Date r
CITY OF CLAYTON
CITY MANAGER.
Signed by Date
CITY OF CONCORD
CITY MANAGER
Signed by Date
CITY OF DA?V�VILLE
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 Bate
CITY OF QR.INDA
CITY MANAGER.
Signed by Date
CITY OF PLEASANT HILL
CITY MANAGER
Agreement for Centralized Payment of Cable Coordinators--Page 3
Signed by Date
CITY OF ANTIOCH
CITY MANAGER
Signed by Date
CI'T'Y OF CLAYTON
CITY-MANAGER-
Signed
IT MANAGEDSigned by Date '
CITY OF CONCOR
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
et �
Signed by }t Date "
CITY OF MORAGA
CITY MANAGER
Signed by Date
CITY OF ORTNDA
CITY MANAGER
Signed by Date
CITY OF PLEASANT HILL
CI'T'Y MANAGER.
Agreement for Centralized Payment of Cable Coordinators--Page 3
Signed by Date
CITY OF ANTIOCH
CITY MANAGER
Signed by bate
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 s�. ,t✓�` Date £ s GF
> f
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
Agreement for Centralized Payment of Cable Coordinators--Wage 3
Signed by Date
CITY OF ANTIOCH
CITY MANAGER
Signed by bate
CITY OF CLAYTON
CITY MANAGER
Signed by Date
CITY OF CONCORD
CITY MANAGER
Signed by' Date
CITYF I�ANYILLE
CIT MANAGER
Signed by Xg r Date
CITY OF LA AYETTE
CITY MANAGER
Signed by Date
CITY OF MARTINEZ
CITY MANAGER
Signed by Date
CITY OF MORAGA
CITY MANAGER
o t
Signed by Bate
CITY OF O NDA
Z
Y M STAGER
Signed a -� ?ate! '
CITY OF PLEASANT DILL
CITY MANAGER.
Agreement for Centralized Payment of Cable Coordinators-d Page 3
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8
TO: BOARD OF SUPERVISORS
FROM: Barton J. Gilbert, Director of General Services gContr
Costa
DATE: June 22, 1999
County
SUBJECT: AGREEMENT WITH.THE STATE OF CALIFORNIA AND PACIFIC
BELL,MCI TELECOMMUNICATIONS CORPORATION FOR.
PROVISION OF TELECOMMUNICATIONS SERVICES
SPECIFIC REQUESTS OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
I. RECOMIyIENDATIONT:
APPROVE and AUTHORIZE the Director of General Services, or his designee, to execute an
agreement with the State of California and Pacific Bell, MCI Telecommunications Corporation, for
provision of telecommunications services currently provided by Pacific Bell under a new, lower rate
structure, for the period July 1, 1999 through June 30, 2004.
11. FISCAL IMPACT:
Pacific Bell estimates that the County will save $175,000 per year. This new contract, negotiated by
the State of California with Pacific Bell, MCI Telecommunications, has lower, more comprehensive
usage rates than previously provided. A rate sheet is attached.
III. BACKGROUIM:
The State of California issued a request for proposal for telecommunications services. Pacific Bell/MCI
Telecommunications Corporation was the successful bidder. All California municipalities may join in
the lower rate structure by entering into an agreement for a five-year period. By entering into this
agreement before July 1, 1999, the County can begin saving effective July 1, 1999, even though the rate
structure is not yet finalized. This is an example of a joint agreement which gives the potential to
realize significant savings over existing rate structures, especially on some of the newer services such as
T-I and ISDN lines.
Failure to act on this agreement now will result in a delay of approximately 3•-4 months, as it will not be
offered after July 1, 1999, until the rate structure has been finalized. The agreement will not allow
retroactive savings to July I unless there is a signed agreement before July 1. Failure to take advantage
of this contract will cost the County an average of$175,000/year more because the County will be on
the old, higher rate schedule.
TTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES: �° _
ACTION OF BOARD ON w I 19 2 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: Mickey Davis-913-7112
CC: General Services[department I HEREBY CERTIFY THAT THIS IS A TRUE
Administration AND CORRECT COPY OF AN ANION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
Purchasing OF SUPERVISORS ON THE DATE SHOWN.
Accounting s ��
County Auditor-Controller ATTESTED J(-<._4r ;
Contractor PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
s
BY - r .2 - DEPUTY
EXHIBIT B-3 w A UTHOR17A TION T€3 ORDER
EXHIBIT B-3
AUTHORIZATION TO ORDER UNDER STATE AGREEMENT
(TERM COMMITMENT)
Pacific Bell("Pacific"),MCI Telecommunications Corporation("MCT")(collectively,
"Contractor")and the State of California("State")have entered into an Agreement for the Provision of
Telecommunications Service(s)and Products,dated December 4, 1998("Agreement"� Pursuant to the
Agreement,which is incorporated herein by reference,Municipalities of the State are allowed to order
services and products out of the Agreement("Service(s)")upon execution of this Authorization to Order.
A description of the Service(s),applicable rates and charges and the specific terms and conditions under
which the Service(s)will be provided to Municipalities of the State(e.g.,cities,counties,school districts
and other such entities of the Stater are fully set forth in the Agreement.
1. ("Municipality")desires to order the Service(s)identified in
Attachment 1 to this Authorization to Carder,which is incorporated herein by reference,and Contractor
agrees to provide such Service(s)pursuant to this Authorization to Order and the terms and conditions and
rate tables contained in the Agreement. Municipality agrees,with respect to the particular services
identified in Attachment 1,to utilize the Agreement as Municipality's single source for procuring the
particular Services types(i.e.,Centrex,voicemaiVIVR,DSL,Frame.Relay)during the term of the
Authorization to Carder.
2. Contractor shall bill Municipality and Municipality shall pay Contractor pursuant to this
Authorization to Order and the terms and conditions and rate tables contained in the Agreement.
3. This Authorization to Carder shall become effective upon execution by Municipality,
Contractor,and the Department of General Services,Telecommunications Division("Effective Date").
The Service(s)ordered under this Authorization to Carder shall commence on July 1, 1999,("Service
Date"). Unless sooner terminated as provided herein,this Authorization to Carder shall remain in effect for
the term Municipality has indicated below(check one).
Five years from the Service Date. This Authorization to Carder is subject to two,
one year extensions. Contractor shall provide Municipality with 60 days' notice of the
scheduled expiration date and the intended extension of the Authorization to Order. Each
one year extension will occur automatically unless Municipality provides Contractor with
written notice of Municipality's intent not to renew this Authorization to Order at least 30
days' prior to the scheduled expiration date of this Authorization to Order.
This Authorization to Order shall continue in effect from the Service Date through
the remainder of the term of the Agreement. In the event Contractor and the State extend
the terra ofthe Agreement,Contractor shall provide Municipality with fits days'notice
of the intended extension of the Agreement. The tear,of this Authorization to Order will
be automatically extended to match the new terry,of the Agreement unless Municipality
provides 30 days' notice to Contractor prior to the automatic extension of its intent not to
renew this Authorization to Order.
4. A. If Municipality,prior to the expiration of the terse set forth in preceding
paragraph,terminates this Authorization to Order or disconnects all of a particular Service(i.e.,Centrex,
voice mail,ISDN/PRT,DSL,etc.)provided pursuant to this Authorizations to Order,Municipality shall pay
a termination charge based on 65%of the Municipality's highest bill for the disconnected Service(s)
provided hereunder multiplied by the number of months remaining in the terse of this Authorization to
Order, plus any unrecovered nonrecurring charges owed to Contractor on the date of termination.
Notwithstanding the preceding sentence,if the State terminates the Agreement,in whole or in part,prior to
the expiration of its term,Municipality may,with respect to the Services terminated by the State,(i)
continue to subscribe to the Service(s)under the terms of the Agreement for the remainder of the term of
this Authorization to Order,or(ii)terminate this Authorization to Order without being subject to the
termination charge set forth above.
B. Notwithstanding the first sentence in Section 4.A.above,if,after the first fiscal
year in which a particular Service acquired hereunder is installed,funds are not appropriated to continue
paying for that particular Service in a subsequent fiscal year or universal service discounts are not received
to enable Municipality to pay for that particular Service in a subsequent year,then Municipality may
terminate this Authorization to Order as it relates to that particular Service as of the last day for which funds
were appropriated or universal service discounts were received("Bate of Termination"),without being
subject to the termination charge set forth above,provided,however,that Municipality shall be obligated to
pay all charges incurred through the Bate of Termination,plus any unrecovered nonrecurring charges which
may be owed Contractor on the pate of Termination. Municipality shall use its best efforts to obtain
funding or universal service discounts for the particular Service(s)provided hereunder.
(i) If the federal universal service discount program is discontinued,Municipality
may terminate this Authorization to Order as set forth in Section 4.B.above.
(ii) If Municipality exercises its right to terminate this Authorization to Order for
non-appropriation or ineligibility to receive universal service discount=s under the then
current program,Municipality agrees not to obtain substantially similar equipment and/or
services to replace those provided hereunder for one year following the bate of
Termination. Municipality may exercise such right to terminate upon delivery to
Contractor of a 30 day written notice setting forth the reason for termination and within
30 days following the delivery of such written notice,Municipality shall provide
Contractor a legal opinion of counsel that no funds have been appropriated or otherwise
made available for payments due under this Authorization to Order or that Municipality
is ineligible to receive universal service discounts under the Agreement and funds have
not been made available for the acquisition of substantially similarly equipment and/or
services to replace those provided hereunder.
5. Municipality,upon execution of this forma,certifies that Municipality understands that
Contractor and the State may,from time to time and without Municipality's consent,amend the terms and
conditions of the Agreement thereby affecting the terms of the Service(s)Municipality receives from
Contractor.
5. M=unicipality,upon execution of this form,certifies that Municipality has received and
has reviewed the terms and conditions,including the rates and charges,of the Agreement.
7. Whenever any notice or demand is to be given under this Agreement to Contractor or
Municipality,the notice shall be in writing and addressed to the following:
Municipality: Contractor;
Pacific BelUM. CI
610 Sequoia Pacific Blvd.
Sacramento,CA 95814
Attar: Attn: Contract Program Manager
Notices delivered by overnight courier service(U.S. Express Mail, /Federal Express, Purolator or Airborne)
shall be deemed delivered on the day following mailing.Notices mailed by U.S.Mail, hostage prepaid.
2 Revised: Amendment No.2 -3% '99
registered.or certified with return receipt requested,shall be deemed delivered five(5)days after mailing.
Notices delivered by any other method shall be deemed given upon receipt
N WITNESS WHEREOF,the parties hereto have caused this Authorization to Order to be
executed on the date shown below by their respective duly authorized representatives.
CONTRACTOR
(Municipality)
By: � By:
Title: Title:
Date Signed: bate Signed:
Approved By:
Department of General Services,
Telecommunications Division
By:
Title:
Date Signed:
3 Revised: Amendment No. 2-3. /99
ATTACHMENT I
PRODUCTS AND SERVICES
Local usage
Croup Video
Business Access Lines
Centrex
Account Codes
CompuCail
Dedicated Services
ISDN/PRI
Frame/ATM Service
DSL
Building'Wiring
Billing Products
0129420.01
Revised: Amendment No. 2-3/—/99
STATE OF CALIFORNIA
REQUEST IS FOR TELECOMMUNICATIONS SERVICE REQUEST
INFORMATION
f-`-!. C EXCEEDS SAM— i AGENCY REQUEST NO.
L-j ,SERVICE SEE SAM 400
SUBMIT ALL COMPIES,INTACT,TO
i DOES;NOT EXCEED SAM--- SECTIONS DATE --�-�--�-~
TELECOMMUNICATIONS DIVISION
DEPARTMENT W!SIGN,BUREAU,ETC,
ADDRESS OF PRESENT SERV?CE(INCLUDE CITY AND ZIP) ADDRESS OF REQUESTED SERVICE (INCLUDE CITY AND ZIP)
ROOM NO. ROOM NO
PERSON TO CONTACT FOR ACCESS TELEPHOt4E NO. LOCATION � ROOM NO.
s _
S LUNG ADDRESS(INCLUDE CITY AND ZIP) VENDOR ACCT.NO. UTILITY PRIMARY BILL NO.
TELEPHONE NU X3ER(S)?NVflLVED REQi ESTER DATE OF SERVICE GENERAL SERVICES AGENCY CODE
CHECK TYPE OF REQUEST
BUSINESS SERVICE CALNETATrACHO"' DATA
( taEPI�ESENTATnrE hMT H S
S:WLEUNE KEYSYSTEM PDX CI STATE AGENCY SdVbTCHED
d
CENTREXSEAVICE ) 7 TAX SUPPORTED DEDICATED
SINGLE LINE ICEYSY,aTE?vt / ATTACH COPY OF CHARTER OR CYYsifIi
k DOOUMM S 51-.O 4itNG TAX"PORTED j
C�tL�7EX CALNET CALLIN43 CARD(inc:u o TO 887)
i� �..1
TNA T OTt3aR .
FEX a MOBILE TELEPHONE 7 CELLULAR
L OTHER
€3R;EPLY DESCRISE PRESENT SERVICE
PRESENT EOUIPMENT VENDOR SEPV3NG UTILMY
BRIEFLY DESCRt BE SERVICE REQUESTED (ATTACH JUSTIFICATION)
TOTAL COST OF REQUESTED SERVICE �n�rres�OaCQIiISITSON
RECURMNG NON-€ECIRR.!NG "—' PURCHASE INSTALLMENT PURCHASE
RENT OTHER
APPROVAL BY AGENCY TELEPHONE COMMUNICATIONS REPRESENTATIVE
PRINTED OR TYPED NAME TELEPHONE NO.
� CACHET.
SiGNATUR E C*t'
PUBLIC:
ADDRESS: CITY � ZIP
TELECOMMUNICATIONS DIVISION
APPROVED DISAPPROVED(SEE COMMENTS BELOW) INFORMATION ONLY
PPiNTED OR TYPED NAME "cLEPHCl?dE Na �-
SitTNAT RE DATE--:CALNET:
PHJSLIC:
COMMENT 8:
']ATE OPOER SENT TO
1
VENDOP Slit?TY
f
ST,^,.20(FEV.11-$21, (FMC Electron€c) C24PRT D
Product Tariff Rate Old State of CA Rate New State of CA Rate
LocalUsage $.03 First Minute $.01 Per Minute $.01 Per Minute
$.01 Each Add. Minute
ZUM Usage $.054 Per Minute $.026 Per Minute $.02 Per Minute
Local Toll Usage $.108 Per Minute $.1336 Per Minute $A3 Per Minute
1 MB/1 ML $70.75 Install not on old contract $125.00 Install
$16.23 Monthly not on old contract $15.16 Monthly
Centrex $70.00 Install $70.00 Install $70.00 Install
$15.65 Monthly $14.65 Monthly $13.02 Monthly
Voice Mail Series 100 $19.95 Install $10.00 Install $2.50 Install
$12.95 Monthly $10.95 Monthly $6.10 Monthly
PBX Trunks $70.75 Install not on old contract $70.75 Install
$17.50 Monthly not on old contract $16.40 Monthly
56K $1260 Install $1252 Install $1252 Install
$100.00 Monthly $86.00 Monthly $80.00 Monthly
ISDN $195.75 Install not on old contract $125 Install
$34.89 Monthly not on old contract $27.50 Monthly
PRI $750 Install not on old contract $1287 Install
$283 Monthly not on old contract $199.55 Monthly
Supertrunk $650 Install not on old contract $650 Install
$335 Monthly not on old contract $287.34 Monthly
T1 $1267 Install $1590 Install $1590 Install
$350 Monthly $180 Monthly $172 Monthly(+mileage)
DS3 Waived Install not on old contract $1980 Install
$4000 Monthly not on old contract $2500 Monthly
DSL $100 Install not on old contract under negotiation
$149 Monthly(1.54M) not on old contract under negotiation
Frame Relay-5610 $1005 Install $1053 Install $978 Install
$125 Monthly $89 Monthly $83 Monthly
Frame Reiay-1.54M $1008.50 Install $1274 Install $1199 Install
$675 Monthly $390 Monthly $371 Monthly
Frame Delay-45M $1500 Install $1500 Install $1944 Install
$7000 Monthly $4220 Monthly $3050 Monthly
ATM-T1 $1033.50 Install $1299 Install $1294 Install
$847 Monthly $762 Monthly $586 Monthly
ATM-16M $1500 Install $1500 Install not on new contract
$4976 Monthly $2950 Monthly not on new contract
ATM-40M $1500 Install $1500 Install $2113 Install
$7500 Monthly $3850 Monthly $2000 Monthly
ATM-50M $3000 Install $3000 Install not on new contract
$6700 Monthly $4600 Monthly not on new contract
ATM-150M $3000 Install $3000 Install $1758 Install
$9856 Monthly $6950 Monthly $3650 Monthly
H .Uta
i
��r�ssat,
lllt6��Rll�t
Y2K Statement for
Contra Costa County Fire Protection District
Pacific Bell warrants that gall services and products supplied under this agruernumt will bo able to
fully functiott with, and correctly process all calendar dates from the year 1999 fbrward dr ough at
least the ycatr 2425, X11 date pro sing must hale the increment from one data to the next, so
that daily, rrwathly and annual daty transitions am- autorm ically and correctly perfomed. Date
processing must also take into account leap years.
For hardware, software, and senices supplied by, but not nunufactured by Pacific Bell, i.*Ific
Bell will guaraaft that they havo detervainod that the respective nmnuflmurers have warranted that
the produW correctly proms calendar dates as described in the priding paragraph and that
staton=ts to tIW affect will be supplied by Pacific Bell to the Contra Costa County Fire
Protection District.
In the event that any service or product supplied under this agr=nent fails to properly process
datos as described above, Pacific Bell Network Integration will be immediately available to assist
the to determine both a temporary, if n=ssaiT, measure and permanent resolution. Pacific
Bell Network Integration will assist Contra Costa Coup Fire Protection District in
obtaining satisfactory resolution from the manufacturer of the faulty equipment. Pacific
Bell is responsible for notifying the from Centra Costa County.Fire Protection.District of any
date processing problem they become aware of before any date processing ;Failure
becomes evident.