HomeMy WebLinkAboutItem 06.lMay 7, 2012 4 0 Item No.
Cable Franchise Renewal Components
Proposed Action
Staff recommends approval of Engagement Agreements with Moss & Barnet for legal
consultation and financial audit for the cable franchise renewal process; and acceptance of
proposals from Holly Hansen Consultation for PEG access review, Decision Resources, Ltd.
for customer service survey, and CBG Communications for technical audit.
Passage of this motion will result in providing the necessary background information on
Charter's financial, technical, and customer service compliance to enable the City to
adequately prepare for and complete successful franchise renewal negotiations.
Overview
The City's 15 -year franchise agreement with Charter Communications must be renewed by
October 25, 2013. The renewal process will be administered by legal consul with direction
from the City Council and Cable TV Board. The work plan and Board recommended
assessments were outlined for the Council at the January 23, 2012 Council Work Session.
The Cable Board now recommends agreements with Moss & Barnett to continue their
ongoing legal representation for the franchise administration and renewal and for a financial
audit to review Charter Communications records to ensure that the City has received
payments in accordance with the franchise ordinance.
The Board also recommends accepting proposals for assessments of Charter's compliance
with current franchise responsibilities for providing and maintaining technical equipment
and for their customer service; and for a PEG review of public access, education, and
government television operations, services, and needs.
Primary Issues to Consider
See attached
Susanna Palm, Communications Manager
Financial Impact: $_$40,175 Budgeted: Y/N _N_ Source: Communications
Fund
Related Documents Recommended proposals, engagement agreements
Primary Issues to Consider
• Legal services ($30,000) were anticipated and have been budgeted for, with
$15,000 budgeted for 2012, and the additional $15,000 in 2013:
• The financial audit, technical audit, customer service survey, and PEG review
were not budgeted for as the Cable TV Board was not yet in place when the
budget was developed and assessment components had not yet been discussed
or selected.
• Costs for these assessment components could be as much as $40,175 and
would be funded through the Communications Fund.
• If significant non - compliance factors are found in the financial or technical audit,
Council would have an option of pursuing more in -depth action at additional cost.
• Over the course of the existing 15 -year franchise agreement, the City has
received revenues totaling $6,345,539. Providing the additional funding to assure
financial, technical, and customer service compliance will help ensure successful
negotiations for the franchise renewal.
Supporting Information
The recommended bids and agreement letters are attached. The follow documents were
received for consideration:
Technical Review — riot: budgeted
CBG Communications c3, r 1
CTC Technology & Energy $22,000
Low bid recommended
Phone survey — n(o bud td;ct
Decision Resources
Group W Communications $12,000
Decision Resources is recommended as they are a local company and have
conducted surveys for many Minnesota communities, giving them significant
comparable data which would not be available from Group W.
PEG Access review — not ^, sdq „d
Holly Hansen Consulting S 5'9�f
CTC Technology & Energy $18,250
CBG Communications $19,712
Low bid recommended
Letter and Agreement for Franchise Fee review, Moss & Barnett — netbudgeted
$8,000
Total
$40,175
Letter and Engagement Agreement with Moss & Barnett for legal consultation, budgeted
$30,000
Lakeville RFP
CBG Communications, Inc.
�i communications, inc.
PbJaAelpLia Offiee:73 (.6esmur Road. Sure 301, Poole, PA 19301 P/ (610) 889 -7470 F1 (610) 8894475
Sr. Paaf Offer: 1597 Rum Srtter. Sr. Paul, MN 55102
1'/(651)340-5300 F/(651)340
snvw.<6gcommunivarions.com
Proposal to Provide
Technical Review Services
for the
City of Lakeville, MN
By
Dick Nielsen
Senior Engineer
FA
Tom Robinson
President
CBG Communications, Inc.
1597 Race Street
Saint Paul, MN 55102
March 16, 2012
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Lakeville RFP
Table of Contents
CBG Communications, Inc.
INTRODUCTION........................................................................... ...............................
L COMPANY REPRESENTATIVES AND CONTACT INFORMATION ...........
2. COMPANY HISTORY AND EXPERIENCE ....................... ...............................
Key Company Representatives ........................................................ ...............................
3. PROFESSIONAL RESUMES OF COMPANY REPRESENTATIVES ..............
4. REPRESENTATIVE LIST OF CURRENT CLIENTS REPRESENTED ON
SIMILAR PROJECTS ............................................................ ...............................
5. PROFESSIONAL REFERENCES ......................................... ...............................
Scope of Services - Physical Plant Inspection of the Subscriber Network .....................
Presentation of Findings - Written Technical Report ...................... ...............................
6. PROJECT TIMELINE ............................................................ ...............................
7. COST OF SERVICES ............................................................ ...............................
CONCLUSION................................................................................ ...............................
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Lakeville RFP
INTRODUCTION
CBG Communications, Inc.
CBG Communications, Inc (CBG) appreciates the opportunity to present this Proposal to Moss &
Barnett, on behalf of the City of Lakeville, MN (City) to provide Technical Review Services of the
Charter Communications (Charter) cable television system serving the City. After reviewing our
proposal, we hope that you will share the view that our overall and local experience, specific past
experience with many jurisdictions in the region, innovative methodologies, expertise, enthusiasm and
extensive similar work regionally and around the country qualify us to assist you. CBG has a national
reputation in local government technical, system design and review, cable television needs assessment,
PEG Access, technical and regulatory consulting.
We understand that the City seeks a qualified firm with demonstrated experience and expertise to
provide professional technical review services. The goal is to assess the level of compliance with the
current Franchise and all pertinent ordinances and codes.
After performing the tasks described herein, CBG would issue a report spelling out findings and
recommendations for remedying issues discovered and identifying terms for inclusion in the City's
renewed Franchise with Charter Communications.
Given our breadth of experience and our successful work in the past, in the Twin Cities area and across
the country, we believe CBG is eminently qualified to provide the Technical Review Services the City
seeks.
Lakeville RFP
CBG Communications, Inc.
1. COMPANY REPRESENTATIVES AND CONTACT INFORMATION
CBG Communications, Inc. (CBG) has worked in the Twin Cities area and across the country on
numerous projects related to cable television, review and evaluation, subscriber network and 1 -Net
technical audits, network design PEG Access and broadband needs ascertainments, and many other
cable related subject areas. In fact, CBE's decades of professional experience include work in large
metropolitan areas, mid -size municipalities and rural communities.
The contact information for CBG's negotiation and contract representatives are listed below.
Richard (Dick) Nielsen, Senior Engineer
Project Manager
1597 Race Street
Saint Paul, NIN 55102
Phone: 651-340-5300
Fax: 866 -611 -7445
Nielsen(a,ebecommunications.com
Thomas (Tom) Robinson, President
73 Chestnut Road
Suite 301
Paoli, PA 19301
Phone: 610-889-7471
Fax: 610 - 889 -7475
Robinson (c
The full skills and qualifications of CBG Key Company Representatives are set forth below.
2. COMPANY HISTORY AND EXPERIENCE
CBG Communications, Inc. since 2001 (and via a predecessor company since 1994) has established a
national reputation in cable television, technology, broadband and telecommunications matters. CBG has a
proven track record of providing consulting services for public sector entities which produce effective
results.
During their professional careers, CBG's principals have been involved with numerous cable television
franchise renewal and telecommunications matters throughout the United States. They are professionals
with decades of experience performing activities related to cable TV technical audits, system review,
evaluating I -Nets for proper functionality, capacity and reliability and designing I -Nets. They have a
clear understanding of the interplay between system design, construction and maintenance and the
system's ability to deliver services to meet the community needs and interests in a safe reliable manner.
Lakeville RFP
CBG Communications, Inc.
CBG has the requisite experience to assist the City in its cable television franchise renewal process.
Specific expertise includes:
Cable Television
CBG provides a wide range of services regarding cable television - related matters including:
System Technical Review
Evaluation of the current system, analysis of upgrade scenarios and plans, review of system
technological components such as digital video services, video -on- demand, hybrid fiber coax
(HFC) architectures, cable modem services, etc. In addition, these reviews focus on the
system's physical, electronic and optical infrastructure's ability to safely provide the services
desired by subscribers today as well as the ability to evolve by adding new services in the
future.
Franchise Development - Related Cable Regulatory Processes
Assistance with past performance and franchise compliance reviews, franchise administration
and management, franchise development in both the formal and informal renewal processes,
competitive cable system franchising, evaluation of cable operator proposals and
qualifications, assistance in franchise and ordinance drafting, development of Request for
Renewal Proposals (RFRPs), assistance in franchise negotiations, etc.
Institutional Network ([-Net) Development and Evaluation
Audit and evaluation of existing I -Nets to provide the platform for transport of present and
future communications applications, ascertainment of I -Net needs, review of organizational
video, voice and data communications applications, identification potential system
architectural changes and modifications, etc.
Community Needs Assessment
Surveys of subscribers and non - subscribers, review of organizational needs, facilitation of
focus groups, public forums, town -hall meetings, and workshops, development of on -line,
web -based Internet surveys and forums, etc.
PEG (Public, Educational, and Governmental) Access Analysis
Ascertainment of PEG channel needs, including facilities, equipment, high definition digital
transition, channel capacity, on- demand service provision, training and facilitation services,
access group organization, content development, etc.
CBG also provides a host of other services where our experience and expertise will be beneficial to
this technical review project:
Telecommunications and ROW Management
Broadband Infrastructure Planning and Development
Assistance with a wide range of network planning and development activities, including,
broadband network feasibility and community needs assessment studies, video, voice, and
Lakeville RFP
CBG Communications, Inc.
data communications application review and implementation, development of public sector
telecommunications infrastructure (including review and analysis of physical transport,
architectures, aerial and underground construction methods and locations, etc.), development
of local government -owned and common conduit policies and leasing plans, analysis of co-
location and co -build requirements and strategies, inventories of telecommunications and
other utility infrastructure, review of construction techniques (open street cuts, directional
boring, saw -cuts, etc.), wireless communications site planning and evaluation, etc.
Master ROW Management Ordinance Development
Services include development of provisions regarding the permitting process, licensing, ROW
management procedures, construction and inspection requirements, ROW usage fee structures
(including the provision of in -kind services), insurance, indemnification and bonding, service
definitions and other critical issues.
Telecommunications Planning and Policy Development
Services include development of mechanisms to enhance universal access to basic and
advanced telecommunications services, expansion of telecommunications service
opportunities within the jurisdiction and surrounding region, facilitation of greater electronic
access by the public to government and educational information and services, expansion and
enhancement of g- commerce, e- commerce, and other Intemet -based initiatives, review of
privacy and security needs related to such information, review of the jurisdiction as both a
user and provider of telecommunications services, development of right -of -way (ROW)
management policies, procedures and requirements, development of compensation methods
for telecommunications service provider use of the ROW, etc.
Telecommunications Regulatory Projects
Development of franchise, license, revocable permit and other forms of operating agreements
for the provision of cable, telephone, competitive access provider, competitive local exchange
carrier and open video system services, review and analysis of both state and federal
legislation and legislative initiatives, including assistance with legislator education and
advocacy efforts on behalf of public sector interests.
Key Company Representatives
Richard R. Nielsen
Richard (Dick) Nielsen is CBG Communications, Inc.'s Senior Engineer and is based out of the Saint
Paul, Minnesota office. Mr. Nielsen works as lead technical staff for CBG. His work includes cable
television performance audits, underground and aerial construction planning, review and analysis;
telecommunications system design, application, development and review; data communication system
and equipment planning; institutional network design, application development and performance review,
system community and PEG needs assessments, video system, facilities and equipment evaluation, as
well as review and analysis of other technical issues.
Prior to Mr. Nielsen joining CBG, he spent 19 years, in the Twin Cities Metropolitan area, with AT &T
Broadband and its predecessor companies. The last four were spent as the Institutional Network
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Lakeville RFP
CBG Communications, Inc.
Manager. While managing, he was involved in a wide range of activities, including maintenance of
institutional networks ( "I- Net ") with over 1000 miles of coaxial, HFC and fiber optic plant representing
over 20 franchise areas from the northwestern suburbs to the southern suburbs of the Twin Cities. Mr.
Nielsen provided supervision of construction activities, planning and designing new and upgrading
existing I -Nets, budgeting for new and updated I -Nets, and activation of fiber optic nodes, power
supplies, amplifiers, pilot generators and status monitoring systems. Mr. Nielsen regularly represented
AT &T Broadband at various regulatory meetings relating to I -Net issues. He also worked closely with
consultants in evaluating and designing upgrades to existing I -Nets.
For the 8 years prior to being I -Net Manager, Mr. Nielsen was the Technical. Supervisor. He supervised
35 Maintenance Technicians and Service Technicians with responsibilities from the Quad Cities and
Oak Grove Franchise areas in the northern suburbs, to the centrally located franchise areas of NSCC and
the Ramsey /Washington Counties Suburban Cable Commission down through Saint Paul to
Burnsville /Eagan and Hastings. Mr. Nielsen implemented a plan to bring service levels up to NCTA
and FCC standards, and was in charge of reporting all engineering and technical data for national
reporting FCC testing and reporting and public files for CLI and Proof of Performance. Additionally
Mr. Nielsen spent 4 years as a Headend Technician and was involved in designing, wiring and
maintaining headends, hubs and antennas. He was on call 24 hours a day for problems related to
headends. Mr. Nielsen's first 3 years were spent as a Maintenance Technician. He was responsible for
maintaining HSN and I -Net plants, field testing of FCC CLI and Proof of Performance requirements as
well as working on call (24/7) for outages and problems.
Thomas G. Robinson
Thomas (Tom) Robinson is President of CBG Communications, Inc. and is based in the Philadelphia,
Pennsylvania office. Mr. Robinson has worked with local governments all across the country on a
variety of cable, broadband, telecommunications and ROW management projects, including: Public,
Educational and Governmental (PEG) access issues; needs assessments; technical reviews; institutional
networks; infrastructure issues; wireless networking; optical networks; telecommunications strategic
planning and policy development; competitive communications system reviews; cable television
franchise renewals; ROW management regulations and ordinances, regulatory agreements and other
matters. He is a frequent speaker at telecommunications, local government and technical conferences.
Mr. Robinson has written numerous columns for Communications Engineering & Design (CED)
magazine.
Prior to joining CBG, Mr. Robinson was, for seven years, Director of Technology Development for
River Oaks Communications Corporation, where he worked with numerous local government clients on
telecommunications and cable television projects. Mr. Robinson also served for 10 years as Chief of the
Cable Regulatory Division of the Department of Consumer Affairs for Fairfax County, Virginia. While
there, he was involved in a host of activities related to oversight of one of the nation's largest cable
systems. Prior to his work in Fairfax, Mr. Robinson was with Magnavox CATV Systems, Inc. (now part
of Arris), where he worked first as a system designer and then in product management. While at
Magnavox, he helped develop and market new amplification systems and products that paved the way
toward today's high capacity cable systems.
Lakeville RFP
CBG Communications, Inc.
Mr. Robinson began his career as an announcer, program director and operations engineer in radio and
television at several radio stations in the Baltimore /Washington area and at the public broadcasting
television and radio stations (WCNY- TV /FM) in Syracuse, New York.
He holds an M.S. in Telecommunications /Film from Syracuse University's S.I. Newhouse School of
Public Communications and a B.A. in Mass Communications from Towson University where he
graduated Summa Cum Laude.
3. PROFESSIONAL RESUMES OF COMPANY REPRESENTATIVES
RICHARD (DICK) NIELSEN II
PRESENT POSITION
CBG Communications, Inc., St. Paul, MN office 2003 — Present
Senior Engineer
Work as lead technical staff for the firm, including cable television and institutional network needs
assessment and system performance audits, video system and facilities design, telecommunications system
design, application development and performance review, institutional network design, application .
development and performance review, underground and aerial construction planning, review and analysis,
data communication system and equipment planning, review and analysis, and a variety of other technical
tasks.
PROFESSIONAL EXPERIENCE
AT &T Broadband, St Paul, Minnesota
Institutional Network Manager
1984-2003
Managed:
• Maintenance of Institutional Networks representing over 20 Franchise areas and nearly 1000 miles of
coaxial, HFC and fiber optic plant.
• Designing new and upgrading existing I -Nets.
• Budgeting for new, upgraded I -Nets.
• High level supervision of Construction activities.
• Activation of fiber optic nodes, power supplies, amplifiers, pilot generators, Cheetah monitoring
system etc.
• Represented the company at various meetings regarding the I -Nets.
• Worked closely with Consultants in evaluating existing I -Nets and designing upgrades to existing I-
Nets.
Technical Supervisor
Supervised 35 Maintenance and Service Technicians
Implemented a plan to bring service levels up to NCTA and FCC standards
Responsible for reporting all Engineering and Technical data for national reporting
Lakeville RFP
CBG Communications, Inc.
• FCC testing and reporting and public files for CLI and Proof of Performance
Headend Technician
• Various responsibilities designing, wiring, and maintaining Headends, Hubs and antennas
• 24/7 On -Call for problems related to Headends
Maintenance Technician
• Maintaining of HSN and I -Net plants
• FCC testing of CLI and Proof of Performance
• 24/7 On Call for outages and problems
Muller Prybel, Hastings, MN 1984
Installer
• Installed Cable TV to residences
Best Vision, SMATV, Minneapolis, MN 1983-1984
Technician
• Set up and maintenance of SMATV Headends throughout the Twin Cities area
• Maintaining the distribution systems between buildings and internally
• Installs and Trouble Calls
EDUCATION
Dakota County Vocational Technical School
Rosemount, Minnesota 1982-1984
Cable Television Degree Program
NCTA Fiber Optics Course
NCTA Tests and Measurements Course
Active in SCTE /BCTE Certification
Leading the Broadband Way. 5 day Management Course
Various Management and Technical Seminars
PROFESSIONAL MEMBERSHIPS
SCTE /BCTE, NATOA
Lakeville RFP
THOMAS G. ROBINSON
PRESENT POSITION
CBG Communications, Inc.
CBG Communications, Inc.
2001- Present
President
Mr. Robinson has worked with local governments, PEG Access organizations and other public sector
entities all across the country on a variety of cable television and telecommunications projects, including
institutional networks reviews and design, technical reviews, infrastructure issues, telecommunications
planning, policy development, past performance reviews, compliance audits, regulatory agreements, cable
television renewals strategic planning, needs assessments, Public, Educational and Governmental (PEG)
access organizational, operational and technical issues, wireless and wireline network development, and
other matters. He is a frequent speaker at telecommunications, local government and technical conferences.
Mr. Robinson has written many columns for Communications Engineering & Design (CED) magazine.
PRIOR EXPERIENCE
River Oaks Communications Corporation: 1994-2000
Director of Regulatory Affairs and Technology Development
Performed the same types of tasks as listed above for current position with CBG.
Fairfax County Department of Consumer Affairs, Fairfax, Virginia 1984-1
Chief, Cable Regulatory and Technical Division
Managed a staff of 14, including administrative, financial, engineering, and clerical personnel, to develop
innovative cable communications applications and regulate local cable television systems. Responsible for
regulating one of the nation's largest cable systems (Media General [now Cox] Cable of Fairfax, Inc.) and a
Time Warner [now Comcast] Cable system. Accomplishments include:
Franchise Administration and Policy Development. Implemented provisions of the franchise agreement,
local ordinances and applicable state and federal laws. Worked to develop policy and resolve franchise
legal issues, including franchise awards, enforcement actions, rate regulation, review and modification of
facility, service, equipment and other obligations, and review and update of local law. Provided written and
spoken testimony on cable and telecommunications issues before local, state and federal authorities (e.g.,
U.S. Congress and Federal Communications Commission). Administered cable franchise fee revenue funds
(over $5 million annually), including budget preparation. Monitored, allocated and disseminated cable
grant funds (over $1.5 trillion annually).
Broadband Institutional Network (I -Net) Development, Worked with cable television (CATV) system
operators, government agencies and non - commercial organizations to implement video, voice and data
communications applications on the I -Net. Developed long -haul access and telecourse video links, IBM
terminal -to- mainframe circuits, packet - switched and other peer -to -peer communications and T -1 intemodal
telephone finks. Served on selection advisory and implementation committee for the County's PABX
system. Developed a County -wide video training network serving over 300 public facilities throughout a
400 square -mile area.
Lakeville RFP CBG Communications, Inc.
Technical Performance Analysis and Training. Tested and reviewed cable operator's subscriber and I-
Net system performance for compliance with local franchise and federal requirements. Worked with
corporate, local system and consulting engineers for the resolution of technical issues. Trained NATOA
membership on changes in CATV and telecommunications technology and maintained direct involvement
in the development of national CATV technical standards. Made a variety of national seminar presentations
on technical standards, data transmission, I -Net usage and other technical topics. Interfaced with cable
operators, industry officials and subscribers regarding consumer electronic equipment (television, VCR,
converter, etc.) interconnect issues.
Construction Oversight. Managed cable television inspections program and complaint handling staff.
Developed a comprehensive inspections manual, inspections reporting procedures, construction standard
compliance procedures and computerized complaint records and statistics.
Government, Consumer, Press, and Industry Affairs. Served on the Board of Directors of the National
Association of Telecommunications Officers and Advisors (NATOA) to confront a wide range of national
telecommunications issues. Locally, worked directly with citizens' groups and County Board of
Supervisors' Offices in developing policy and resolving critical, cable - related problems. Served as a
spokesperson for Fairfax County on cable television matters before members of the press. Noted speaker at
many government and industry forums.
Magnavox CATV Systems, Inc.
Manlius, New York 1980- 1989
Product Specialist for Amplifier Svstems
Managed largest and most profitable product line for this major cable television equipment manufacturer.
Accomplishments included:
Market Research and Analysis. Assessed general industry and specific customer growth, capabilities and
trends for the purpose of discerning and meeting the market's service and equipment needs. One effort
culminated in the introduction of Magnavox's Upgrade/Rebuild Analysis Service which resulted in
increased sales. Analyzed competitors' product lines, strengths and weaknesses.
Marketing Communications. Provided narration and editing expertise for audio - visual presentations
(videotapes, slide shows, etc.). Prepared production specifications, copy and sample layouts for catalogs,
brochures and advertisements. Disseminated information to the media through press releases and
interviews.
CATV Systems Engineering and Architectural Design. Formulated architectures and performance
specifications for thousands of plant -miles of both residential and institutional networks.
Conceptualization, Implementation, and Marketing of New Products. Formulated desired product
specifications, features, costs, and pricing policies for a broad range of amplifier system products. Results
included the development of new, advanced, higher bandwidth distribution systems.
Technical Sales and Industry Training. Prepared and presented numerous sales training sessions on
individual, regional and national levels. Participated in many Society of Cable Television Engineers
Lakeville RFP CBG Communications, Inc.
(SCTE) regional and national seminars. Presented major papers on system reliability and system
architecture.
In -Plant and Outside Management and Liaison Functions. Organized and participated in many product
review teams with representatives from the administration, manufacturing, engineering and quality
assurance departments for the purposes of product development analysis, problem solving and factory
expediting. Served as an interface with both domestic and foreign distributors and industry associations.
Technical Marketing Support. Involved in numerous outside and in -plant customer visits, including
product demonstrations and temperature chamber cascade tests. Represented the company at national and
regional trade shows.
EDUCATION
Syracuse University, Syracuse, New York 1978-1979
S.I. Newhouse School of Public Communications
M.S. Telecommunications /Film. Graduated with honors, Dean's list all semesters. Recipient of the A.
William Bluem Award for outstanding service as a Graduate Teaching Assistant.
Towson State University, Towson, Maryland
B.A. Mass Communications. Graduated Summa Cum Laude.
1974-1978
National Association of Telecommunications Officers and Advisors (NATOA). Board of Directors,
Science and Technology Committee,, Legislative Affairs Committee, Editorial Board.
Society of Cable Telecommunications Engineers.
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Lakeville RFP
CBG Communications, Inc.
4. REPRESENTATIVE LIST OF CURRENT CLIENTS REPRESENTED ON
SIMILAR PROJECTS
Twin Cities Area (Current and Past) — CBG's principals have performed numerous technical review
and audit functions, PEG, community and I -Net needs ascertainments, and other processes related to
past performance evaluation and in developing requirements and language for inclusion in franchise
renewals. Other work that CBG's principals have performed in the Twin Cities includes projects for:
the Quad Cities, Ramsey /Washington Counties, North Metro, Bumsville/Eagan, St Paul, Minneapolis
and MTN, NDC4, Shakopee and South Washington County. In addition, Dick Nielsen had a
significant role in maintaining the subscriber systems in many of these locations as well as designing
and building the I -Nets that serve many Twin Cities jurisdictions.
North Suburban Communications Commission (NSCC), Suburban St. Paul, MNArea (Current) —
CBG has recently completed a technical review and system technical audit services in the 10 member
cities of NSCC. CBG, during the driveout /system inspection found in excess of 300 issues of
violation of the National Electric Safety Code (NESC), the National Electric Code (NEC) or generally
accepted best engineering practices. A list of these issues was compiled and included in a Final
Report to the NSCC with recommendations for a near term reaction by NSCC and Comcast in curing
these issues and ensuring a more robust inspection, reporting and repair process going forward. CBG
also performed audit processes related to the I -Nets serving the 10 member cities of NSCC. In
addition, the project included a review of existing and projection of future high definition digital PEG
transport and playback systems as well as projections of other future production needs. This technical
audit provides the NSCC with an understanding of the current condition and operation and future
capabilities of the subscriber and institutional networks operated by Comcast. This project included
review of the FCC Public File, including Proof of Performance and CLI documentation, as well as review
of service call and outage documents, system design specifications and other pertinent system
documentation.
St. Paul, MN (Current) — CBG is performing a variety of technical tasks related to the subscriber
cable system and I -Nets serving the City of St Paul. This project also includes both a subscriber and
Institutional Network Technical Audit as well as review of the FCC Public File, including Proof of
Performance and CLI documentation, service call and outage documents, Subscriber and I -Net system
specifications and design characteristics and other pertinent system documentation. The project also
involves review of existing and projection of high definition PEG transport, playback and production
systems including projections of associated cable system real -time and on- demand capacity.
Philadelphia, Pennsylvania (Current) — Ongoing work concerning franchise oversight issues
concerning Verizon and Comcast. CBG developed comprehensive revisions to the ROW Management
fee structure, including an Annual Fee per provider that includes permitting and ongoing management
components, as well as a street degradation fee; also developed a master ROW ordinance, now in place
in the Philadelphia Code. Work to -date also includes a detailed study of infrastructure placed by
numerous telecommunications and other utility providers and negotiations on ROW Use terms and
conditions with multiple providers, development of ROW Management policies, procedures and
regulations.
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Lakeville RFP CBG Communications, Inc.
CBG Communications, Inc. has numerous additional clients and examples of similar work performed
to the highest level of satisfaction of our clients. We are glad to provide more of these previous
projects and clients if desired.
Clackamas County, Oregon (Current) — Ongoing work currently involves support to the County related
to technical evaluations, needs assessments and reviewing the County's cable operators' compliance with
requirements under the franchises. This also included assessment of compliance with FCC technical
standards and requirements and NEC and NESC codes.CBG has completed multiple Community Needs
Ascertainments for Clackamas County. As part of these ascertainments, CBG reviewed the production,
post - production and video transport environments of Clackamas Community College, North Clackamas
and other school districts, Willamette Falls Community Access and the County's Government Channel,
including assessing and making recommendations on migration to a high definition production
environment. These portions of our project also included assessments through surveys and focus groups
to better understand general residential community needs as well as needs as they relate to PEG Access.
CBG then made recommendations to the County on what improvements or changes are needed to better
serve the general public regarding access operations and programming within the County and cable TV
service as a whole.
City of Shakopee, Minnesota (Past) — CBG completed a technical evaluation of the Shakopee subscriber
system encompassing review of the FCC Public Fite as well as internal outage, service level, and other
system maintenance documentation. In addition, a driveout of the physical plant was completed to
evaluate the system's compliance with the National Electrical Code and National Electrical Safety Code.
This included inspection of the main line plant as well as drops to the home and involved on -site
discussions with senior cable system engineering and technical staff. CBG also supervised system FCC
Proof of Performance testing and reviewed the overall quality of all channels on the subscriber system.
5. PROFESSIONAL REFERENCES
Cor Wilson, Executive Director
North Suburban Communications Commission/
North Suburban Access Corporation (CTV)
2670 Arthur Street
Roseville, MN 55113
Phone: (651) 792 -7500
E -mail: cwilson(aictvI5.org
Mike Reardon, Cable Communications Officer
68 City Hall
15 Kellogg Blvd., West
Saint Paul, MN 55102
Phone: (651) 266 -8875
Email: Mike.Reardon a,ci.stnaul.mn.us
Debbie McCoy, Manager
Clackamas County Cable Communications
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Lakeville RFP
2051 Kaen Road
Oregon City, OR 97045
Phone: (503) 742-5902
E -mail: debbiest(ako.clackamas.onus
Additional references can be provided upon request
CBG Communications, Inc.
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Lakeville RFP
CBG Communications, Inc.
Scope of Services - Physical Plant Inspection of the Subscriber Network
CBG will work with Moss & Barnett and City staff in a manner that draws on their significant history,
background, experience and expertise. By leveraging all available resources, CBG will be able to ensure
that the Technical Review will accurately represent the current condition of the cable television system
throughout the entire City. We will further ensure that the subscriber cable system is thoroughly
evaluated, so that both existing issues and requirements for the future are well documented.
CBG Communications, Inc. has read the Scope of Services regarding the Technical Review and we have
developed the following Scope of Work to provide Moss & Barnett and the City with the background
information on the condition of Charter's network and the level of compliance with the NEC, NESC,
pertinent ordinances and good engineering practices.
Review of Existing Documentation - CBG will review relevant documents and meet with staff
to determine a strategy based on the staff s experience including documented and anecdotal
understandings of the condition of the subscriber Network. CBG will review the technical and
operational standards that apply to Charter and provide a summary in the final Report. The
Review will begin with the review of pertinent documentation including:
• Franchise Agreements
Memos of Understanding
• Relevant ordinances
Physical Plant Inspection of the Subscriber Network - CBG will utilize the information gleaned
from the above task and work with the City to plan and refine the overall Technical Review
process including the sampling methodology to determine safety code compliance of the cable
plant including: the fiber optic and coaxial transmission systems and subscriber installations or
drops to the residence or business. The review of the system will encompass a representative
system drive -out to include all major portions of the City including single family residences,
multiple dwelling units, businesses and non - commercial /non- residential buildings. In addition,
CBG will review specific areas of concern that the City has, if any exist. The Technical Review
will encompass 20% of the City based on the City's total Centerline mileage of roads in the City.
This inspection will result in a determination of the over -all condition of the system from a
safety, functionality and aesthetic standpoint. CBG will determine the level of compliance with
the Franchise, pertinent City ordinances, Charter's procedures, the National Electrical Code
(NEC) and the National Electrical Safety Code (NESC) as well as good engineering practices.
After review and discussion with Moss & Barnett and the City, CBG will either perform a ride -
out independently or with City staff, to look at physical plant characteristics. This inspection
will include the cable distribution plant comprised of the fiber optic, trunk and feeder systems,
drops to the subscribers' residences. The outside plant inspection will include aerial plant
14
Lakeville RFP
CBG Communications, Inc.
inspection for issues such as clearance of the cable TV plant from the ground and other utilities,
and attachments at poles and buildings including the drops to homes and businesses. Both
underground and aerial plant will be inspected for proper grounding and bonding of the cable TV
distribution system and subscribers' drops as well as other potential problems or violations.
Furthermore, the underground portion of the system will be inspected for enclosures or pedestals
that are cracked and not closed properly, drops that are not completely buried from the pole or
pedestal to the building, etc.
CBG will develop a list of violations of safety codes and cite the code that applies to the
infraction along with the address or location of each violation. This list will become an
Attachment to the final report with a discussion in the Report detailing the overall level of
compliance with pertinent codes. CBG will report imminent safety concerns to City staff or
directly to Charter in the event staff is unavailable. These will be included in the Attachment to
the final report.
Presentation of Findings - Written Technical Report
CBG will develop a detailed report that indicates all findings from the above technical review processes
and that thoroughly assesses the current condition of the system. The Report will include representative
photographs of the findings as well as a listing of all findings and the corresponding code not being met
by Charter.
CBG will then make appropriate recommendations, where necessary to bring the system into
compliance with the Franchise, pertinent ordinances and codes. In addition, CBG will develop
recommendations regarding future system requirements. CBG will then assist Moss & Barnett to take
the findings of the technical review and turn them into realistic requirements, objectives and strategies
with respect to the franchise renewal process.
The Written Technical Report will be delivered to the City within three weeks of completion of
inspection services.
6. PROJECT TIMELINE
Projects such as this one typically take 2 - 3 months, (May 1st through late June /early July 2012) It is
critical that we work with Moss & Barnett and the City to develop a work plan upfront that meets
franchise renewal needs. We can start on this important project, based on an award in April, as early as
late April, 2012.
CBG Communications, Inc. strives to provide the best support to our clients based on our experience as
shown above. CBG is often retained for follow -up work after the initial project is completed. Although our
experience and insight are certainly significant contributors to this, timeliness and availability are also key
to keeping our clients satisfied.
15
Lakeville RFP CBG Communications, Inc.
7. COST OF SERVICES
CBG will complete a project that encompasses all of the tasks described above for a not to exceed task
hours plus reimbursable expenses as outlined below.
The following outline identifies cost estimates for the completion of the Technical Review as defined in the
Scope of Services above.
Scope Tasks
Key Personnel
Task Hours
Cost
Technical Review
Dick Nielsen
80
$13,200
Expenses (mileage, meals, etc.)
$550
Project Total
$13,750
Note: CBG will perform the above tasks out of our Saint Paul, MN office. Therefore we will not have any
travel expenses outside of mileage while working on the project.
CBG will work with Moss & Barnett and City staff to devise a work plan and associated cost which will
meet the City's needs for all services desired.
CONCLUSION
CBG appreciates the opportunity to provide Moss & Barnett with this Proposal to provide Technical
Review Services. We have the requisite expertise and local and national experience to competently,
efficiently and expeditiously provide the services and results the City requires in preparation of franchise
renewal processes.
Please do not hesitate to contact me if any additional information or clarification of the information
contained in our proposal is needed. We hope to be of service.
Sincerely,
Dick Nielsen
Senior Engineer /Project Manager
CBG Communications, Inc.
1597 Race Street
Saint Paul, MN 55102
P: 651- 340 -5300
F: 866 -611 -7445
C:651 -592 -1927
16
DECISION RESOURCES, LTD.
3128 Dean Court
Minneapolis, Minnesota 55416
(612) 920 -0337
Project Manager: Peter J. Leatherman
The Firm
Decision Resources, Ltd., is a full- service market and survey research firm. DRL was
incorporated in 1983, and has served clients across the nation in the private, public, and political
sectors. The firm's main offices are located in Minneapolis, Minnesota.
As a full- service firm, all word processing, duplication, printing, sample selection, interview
tabulation, and computer analysis are undertaken on -site. All telephone surveys are conducted at
the DRL phone banks located in Saint Paul. Company personnel administer local in -home and
elite /specialized interviews, as well as all residential telephone surveys. The company is
composed of forty full -time and part-time employees. The main principals of the firm possess
extensive backgrounds in marketing, public affairs, survey research, and statistical methods.
This cross - disciplinary background allows DRL to approach research problems from many
different perspectives, and to evaluate potential strategies from a myriad of theoretical bases.
Principals
William D. (Bill) Morris, President
Bill Morris brings more than 35 years of experience as a survey researcher and policy analyst
working in the public sector. He taught both graduate and undergraduate Political Science
classes at the University of Minnesota, University of Saint Thomas, and Augsburg College for
over twenty years. Between 1981 and 1983, he was State Party Chairman of the Independent -
Republican Party of Minnesota. Bill holds a Ph.D. in Public Policy Analysis from Camegie-
Mcllon University, with an emphasis on statistics and mathematical modeling.
Peter J. Leatherman, Research Director
Peter Leatherman has worked for Decision Resources, Ltd., for 18 years, and has been Research
Director for 13 years. As Research Director, he oversees all aspects of the survey process, from
sample selection to preliminary data analysis. In addition, Peter is a trained facilitator of focus
groups and other qualitative research. Peter holds a B.A. in Political Science and History from
Augsburg College.
Diane H. Traxler, Managing Partner
Diane Traxler has worked for over 30 years with local governments in managing research
projects cost - effectively and on -time. She also possesses extensive experience in organizing and
successfully executing informational, communications, and political campaigns. Diane holds a
B.A. in American Studies from the University of Minnesota and has completed graduate level
eoursework in Political Science.
Selected Recent and Current Clients
Blue Cross /Blue Shield
Clearway Minnesota
Minnesota Business Partnership
Minnesota Chamber of Commerce
Minnesota Department of Transportation
Minnesota League of Women Voters
Minnesota Public Land Trust
Project 515
Albany Public Schools
Elk River Area Public Schools
Anoka - Hennepin Public Schools
Lakeville Public Schools
Centennial Public Schools
Minnetonka Public Schools
Duluth Public Schools
Moorhead Public Schools
Eastern Carver County Public Schools
Mounds View Public Schools
Eden Prairie Public Schools
South Washington County Public Schools
Edina Public Schools
Waconia Public Schools
And 50 other School Districts across Minnesota
and the Country
City of Burnsville
City of Lakeville
City of Champlin
City of Minnetonka
City of Chaska
City of Northfield
City of Crystal
City of Saint Louis Park
City of Coon Rapids
City of Prior Lake
City of Eden Prairie
City of Rochester
City of Edina
City of Woodbury
City of Hopkins
And 60 other communities across Minnesota and the Country
Northwest Community Television
Burnsville -Eagan Cable Communications
Commission
Mr. Greg Moore
Executive Director
Northwest Community Television
6900 Winnetka Avenue North
Brooklyn Park, MN 55428
763 - 533 -8196
gmooreamwct.ore
Quad Cities Telecommunications Commission
Northern Dakota County
Professional References
t Parts of the survey undertaken for each of these clients considered the effectiveness of the cable communications
networks serving the relevant geographic area.
Mr. John Gunyou
City Manager
Minnetonka City Hall
14600 Minnetonka Boulevard
Minnetonka, MN 55345
952- 939 -8200
igunyou ii,eminnetonka.com
Mr. Jamie Verbrugge
City Manager
Brooklyn Center City Hall
5200 85` Avenue North
Brooklyn Park, Minnesota 55443
763 - 493 -8001
Jamie .verbru¢eenabrooklnnpark.ore
Time Line
The general timeline for a project of this size and complexity is approximately six weeks from
initial planning to final results and analysis.
Planning— Week 1 -2
1. Planning with the City of Lakeville to establish the topics to be covered in the survey. Based
on these topic concepts, DRL will word specific, neutral questions. This activity can be
completed by in- person, by telephone and/or fax, depending on client wishes, within one
week of the initiation of the contract.
2. Steps to structure the questions and obtain final approval of the survey instrument. These
activities can be completed within two weeks of the initiation of the contract.
3. Final determination of the field dates for interviewing.
Fieldwork — Weeks 3 -4
4. Pre - testing and, if needed, approval of resulting revisions. This activity is generally
completed by the second day of fieldwork. The DRL Telephone Bank is located in Saint
Paul, Minnesota. The average longevity of our telephone interviewers is six years — stability
unique in the survey research field. A number of our interviewers also are fluent in other
languages — Spanish, Hmong, Somali, Chinese (Mandarin), and Arabic — and are able to
immediately engage with a non - English speaking interviewee. This has allowed us to
minimize hang -ups from foreign speakers.
5. Completion of all fieldwork within a two- to-three week period.
Analysis — Weeks 5 -6
6. Analysis and preparation of the Report of Findings. All analytical tests and commentary will
be available within two weeks after completion of the field work. These work products will
be presented at a meeting with the City of Lakeville.
7. Delivery of the final written report to the City of Lakeville. DRL will actively work with the
City in structuring the information and communications effort to best meet the findings of the
survey.
8. If needed, DRL will provide additional analysis and answers to questions raised by the report
and/or its implications.
Research Design and Costs
Decision Resources, Ltd. proposes to conduct a survey of 400 randomly selected households
from cable subscriber lists provided by the cable television company.
- The projectability of the 400 households sample is within f 5.0% of the entire
population of cable subscribers.
- The 400 households sample is of sufficient size to permit the list to be divided into a
maximum of four or five categories for more detailed analysis, such as age, mobility,
home ownership, location of residence, presence of children, and other demographic
characteristics.
- The random sample insures that residents with unlisted telephone numbers and cell -
phone -only households will be accurately represented in the sample.
To insure the integrity of the sample, DRL places the most exacting sampling standards in the
industry.
- Before an alternate household is substituted for a designated target, at least twenty
tries are made to contact the initial households during a seven day period.
- The telephone calls take place during various times on weekday evenings and during
the weekend.
- DRL interviewers are also instructed to seek convenient appointments with
interviewees, cutting DRL's non - contact rate to less than five percent on average;
most survey research companies post non - response rates of over 25 %.
- An unbiased selection process is also used to identify the adult member of the
household to be interviewed.
- To validate the completed sample, the latest updated Cable Television Company
population characteristics are utilized as a standard of comparison.
The questionnaire would be administered by DRL trained and supervised personnel. DRL's
data management system will insure both access to the most current analysis programs and
confidentiality of the data set.
The City of Lakeville will be presented with two bound copies of the final report highlighting
all the major findings of the study.
DRL will work cooperatively with the City to present findings, conclusions and
recommendations based on the survey results.
DRL will also speak to any major differences from and similarities with other Cable
television survey findings. A volume of all computer- generated cross tabulations and
other multivariate statistical techniques will also be provided.
A formal presentation and discussion of the results of the study will be scheduled at a venue
of the City's choice. This presentation will include both full -color charts in both electronic
and handout forms.
The cost of a survey is driven by two factors: sample size and questionnaire length. A basic
study whose parameters are a maximum of 50 questions administered to a 400 households
random sample of cable television subscribers would cost $12,500.00. Each additional question
would increase the total cost by $135.00. Even the most comprehensive franchise evaluation
survey conducted in the past by DRL had a total of 80 questions — this included an in -depth look
at community programming. Therefore, we would set the TOTAL COST NOT TO EXCEED at
$16,500.00; we would also set the probable cost at $14,500.00 based on past surveys.
As company policy, DRL requires one -half of the cost prior to the commencement of field work;
the remainder is due upon delivery of the final written report. Unless otherwise arranged, DRL
invoices clients for the initial payment at the time of the initiation of the contract; the remainder
is due at the time of the receipt of the final written report.
If you require any further information from us, feel free to contact Diane Traxler, Peter
Leatherman, or me. We look forward to the opportunity to again work with the City of
Lakeville, but, in any case, wish you well with this project.
Holly Hansen Consulting
April 16, 2012
Via Email
City of Lakeville
C/o Brian T. Grogan, Esq.
Moss & Barnett
4800 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402
Re: City of Lakeville PEG Access Review
Dear Brian:
Thank you for the opportunity to respond to the Request for Proposals for a PEG access review
for the City of Lakeville, MN. My proposal for services in this regard is enclosed.
Please let me know if you have any questions concerning my proposal. I look forward to hearing
from you and to being of service to the City of Lakeville and Moss & Barnett.
Sincerely, cp /
Holly M. Hansen
Enclosure (1)
cc: Terri Hammer
000
0000
00000
Ossui
5440 Vernon Avenue South #131 . Minneapolis, MN 55436 . 612.207.8709 . HollyMHansen @comcast. net
City of Lakeville
PEG Access Review
Submitted by:
Holly Hansen Consulting
5440 Vernon Avenue South #131
Edina, MN 55436
612 - 207 -8709
HollyMHansenAcomcast.net
CITY OF LAKEVILLE, MN
Proposal: PEG Needs Assessment
4 -16 -2012
INTRODUCTION
Holly Hansen is an experienced cable consultant who is familiar with the issues facing
local franchise authorities (LFAs) in the cable franchise renewal process. She has
performed PEG (Public, Educational and Governmental) access needs assessments for
small and large communities to provide documentations and support for their franchise
renewals. She has assisted communities and PEG access facilities with strategic and
long -range planning related to organizational structure and staffing; PEG channels,
equipment, programming and interconnections; and franchise administration.
Ms. Hansen served as an executive director for small and large cable commissions in the
Twin Cities and as the cable officer for the City of St. Paul for over 20 years. Her day -to-
day responsibilities in these positions included planning and overseeing the construction
of PEG access studios and facilities, managing staff, overseeing annual budgets in excess
of $2 million, developing and managing an Institutional Network serving over 100 city
facilities. Other responsibilities included negotiating franchise compliance issues such as
customer service, safety codes, public access support, and overseeing construction of
institutional and subscriber networks, and managing franchise renewal, She has spoken
on several of these topics at conferences held by NATOA (National Association of
Telecommunications Officers and Advisors), ACM (Alliance for Community Media),
and MACTA (Minnesota Association of Community Telecommunications
Administrators).
Her experience also has given Ms. Hansen a solid understanding of internal and external
city communications and dynamics which provides added value to her clients. She has
served on the League of Minnesota Cities' Telecommunications Task Force and worked
to develop policies and legislation to represent and protect cities' interests at the state and
federal levels. Ms. Hansen also provided leadership to Minnesota cities as a president
and board member of MACTA (Minnesota Association of Community
Telecommunications Administrators) for nine years.
Cable franchises are essentially long -term contracts and decisions made in the renewal
process have lasting effects on the community. The renewal process challenge cities to
forecast their community's future cable communications needs and interests in an ever -
changing legal, technical, and political environment. A well - designed needs assessment
ensures that the process is representative of the community, examines and documents the
community's needs and interests, anticipates the future, and provides a solid basis for
franchise renewal negotiations.
Holly Hansen has the knowledge, experience, and skills to design and conduct a needs
assessment that the City of Lakeville will be able to rely upon as it prepares for its
franchise renewal with Charter Communications.
-1-
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Holly Hansen Consulting • HollyMHansen(alcomcast.net • 612.207.8709
CITY OF LAKEVILLE, MN
Proposal: PEG Needs Assessment
4 -16 -2012
It is the understanding of the Consultant that the City of Lakeville will be negotiating
cable franchise renewals with Charter Communications as the existing franchise expires
on or about October 26, 2013. The City's RFP has asked that the following services be
provided:
1. Review and evaluate the current franchise documents regarding
educational and governmental access, live two -way connections and
related provisions.
2. Review the access operations, equipment and services.
3. Interview City /access personnel as needed.
4. Provide written recommendations for future access operations, capital and
equipment costs and the PEG needs and interests of the City for the City's
use in renewal proceedings.
In addition, the City has asked for a project timeline, a not -to- exceed total project cost,
and other relevant information.
This proposal responds to the above requests. The findings from the study and
recommendations will be compiled into a written report that will provide support to the
City of Lakeville in its franchise renewal negotiations with Charter Communications.
Overall Project Design This project is estimated to take six weeks from the planning
stage through the final report stage. This proposal includes a document review; group
and in -depth interviews; a review of government and educational access operations,
equipment and services; and a final written report. These elements are more fully
described below.
A series of group and in -depth interviews will be held with key stakeholders who are
knowledgeable about the City's cable television needs and interests, current
govermnental and educational programming, and channel use. In -depth interviews would
be held with the City's communications director and the programming staff for
Government Channel 16 to review government access operations and services
Group interviews would include the following types of participants: representatives from
city departments such as Police, Fire, Administration, IT, Parks, Water Treatment, and
the Arts Center. In addition, representatives from the City Council, Cable TV Board,
Planning Commission, and Arts Center Board could also be included in the group
interviews. One interview would be conducted with representatives from ISD 194
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Holly Hansen Consulting r HollyMHansenCla comcast.net • 612.207.8709
CITY OF LAKEVILLE, MN
Proposal: PEG Needs Assessment
4 -16 -2012
regarding educational access operations, needs and interests. Final decisions regarding
who to invite to the group interviews would be made by the City and Consultant during
the planning phase of the project.
Franchise documents and other documents related to PEG such as channel usage,
programming, policies and equipment will be reviewed and evaluated. On -site reviews
of the equipment and facilities for governmental and educational access will be
conducted and estimates for equipment and capital expenditures over a renewal franchise
period will be developed and included in the written report, along with other findings and
recommendations.
The final design of the project will be determined in the planning phase with City staff
responsible for the project. It is anticipated that City staff will be involved in the project
and assist in identifying key individuals to be included in group interviews, inviting and
confirming attendance at the group interview sessions, and providing meeting space for
the group interviews.
Document Review The Consultant will conduct a targeted document review to
determine the current franchise requirements regarding PEG access and whether those
requirements are being met by Charter. Depending upon availability, documents related
to programming, equipment inventories and usage, channel schedules, policies, annual
reports, and other PEG - related records will reviewed by the Consultant.
Group and In -Depth Interviews Four group /in -depth interviews will be conducted by
the Consultant; each session will be approximately two hours in length. Participants
would include City staff, representatives from City Council, the City's Cable TV Board,
other city commissions, and representatives from ISD #194. The Consultant will develop
a discussion guide based on the City's stated objectives.
Access Operations Review One in -depth interview will be conducted with City
government access staff, discussion areas will include operations, services, issues related
to Charter Communications, other technical, and other related issues.
Equipment Review and Research The Consultant will perform an on -site review of the
equipment and facilities currently in use at City and ISD #194 facilities, and estimate
equipment and capital needs and costs over a renewed franchise term.
Report A written report will be prepared for the City that will highlight key findings
from the document review, main themes from the group and in -depth interviews,
estimated equipment needs and costs over the term of a renewal franchises, and
recommendations.
The Consultant will be available by phone and email to respond to any question the City
may have regarding the report. An in- person presentation of the report is optional and is
listed as such under the following project costs.
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Holly Hansen Consulting s HollvMHansen(cbcomcast.net • 612.207.8709
CITY OF LAKEVILLE, MN
Proposal: PEG Needs Assessment
4 -16 -2012
PROJECT TASKS, COSTS, AND TIMELINE
SK
Project Planning: Weeks 1 - 3
10-12
$1,000 - $1,200
• Discuss project with City officials to confirm objectives,
franchise- related issues, key stakeholders, etc.
• Request and review franchise and PEG documents.
• Develop group interview discussion guide, PEG in -depth
discussion guide, and equipment review guide.
Project Implementation: Weeks 3 - 4
22-24
$2,200 - $2,400
• Conduct four group /in -depth interviews.
• Conduct government access staff interview /operations and
services review.
• Conduct access equipment/facility review at City and ISD
#194 facilities.
• Research equipment and costs for renewal franchise term.
Data Analysis and Report: Weeks 4 - 6
18 -20
$1,800 - $2,000
• Analyze all data and identify themes and priorities.
• Conduct follow up communications with City and School
District as needed.
• Review /analyze equipment costs and trends.
• Prepare written report of findings and recommendations.
Optional:
2
$200
• In-person pres ervation of report.
Expenses
$100 - $125
• Milea e, rintin , osta e (estimate).
• Consultant's rates are $100.00 per hour.
• Cost of proposed project not to exceed $5,925.
CONCLUSION
Holly Hansen Consulting appreciates the opportunity to provide the City of Lakeville
with this proposal. Ms. Hansen has the experience and expertise to competently assist the
City in its PEG access review /needs assessment and provide a solid basis for franchise
negotiations with Chatter Communications. Ms. Hansen is available to work on this
project at the City's convenience and looks forward to being of service to the City of
Lakeville.
4-
Holly Hansen Consulting • HollyMHansen(oacomcast.net • 612.207.8709
CITY OF LAKEVILLE, MN
Proposal: PEG Needs Assessment
4 -16 -2012
Holly Hansen is the principal of Holly Hansen Consulting, which is a sole proprietorship. She
has been involved in cable television franchise management since 1985. In her management
positions, she negotiated transfers of ownership, franchise renewal, and settlement agreements for
franchise non - compliance. Holly also managed PEG operations, oversaw PEG contracts, and
developed three PEG facilities. She negotiated a rebuild of the institutional network for the City
of St. Paul, MN and transformed it from an abandoned, poorly functioning network into the
network of choice for over 100 city department locations. She also developed the city's fiber
institutional network, which interconnected city locations with the State of Minnesota, two
counties, and several cities.
Ms. Hansen began her consulting practice in 2005 and has focused primarily on serving the
public sector in cable communications issues such as community needs ascertainments for
franchise renewals and community fiber networks, franchise consulting, and strategic planning.
This work has involved qualitative research methods including conducting focus groups and in-
depth interviews with community leaders, stakeholders, and citizens. In quantitative research, she
has developed questionnaires for on -line, in- person and telephone surveys, analyzed data, and
written extensive and summary reports
Holly has assessed PEG facility and equipment needs and developed financial projections for
equipment replacement schedules for large and small organizations. She has also developed cost
models for the provision of various PEG services to assist organizations in analyzing their costs
and developing new revenue streams.
Ms. Hansen is the co -chair of the Minnesota Chapter of QRCA (Qualitative Research
Consultant's Association) and a member of the national Technical Committee. She served for
nine years on the board for the Minnesota Chapter of NATOA (National Association of
Telecommunications Officers and Advisors), including five years as President and Vice
President.
B.A. cum laude, Organizational Management and Business Communications
Concordia University - St. Paul, MN
Employment Background
Holly Hansen Consulting 2005 — Present
Minneapolis, MN
Cable Communications Officer 1993 —2005
City of St. Paul, MN
Executive Director 1989-1993
Northern Dakota County Cable Communications Commission (NDC4)
Northern Dakota County Community Television (NDCTV)
Inver Grove Heights, MN
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Holly Hansen Consulting • Hof lyM Hansen (ftomcast.net .612.207.8709
CITY OF LAKEVILLE, MN
Proposal: PEG Needs Assessment
4 -16 -2012
CITY CABLE CLIENTS
Bismarck, ND
Conducted PEG community needs assessment for
cable franchise renewal. Performed qualitative and
quantitative research, including focus groups, in-
depth interviews, and quantitative survey.
Columbus, OII
Provided consulting services regarding resolution
of PEG channel franchise provisions in an
environment with three cable operators.
Eagan, MN
Provided consulting services to city management
on franchise administration and related issues.
East Bethel, MN
Conducted PEG needs assessment for cable
franchise renewal.
NATOA
Developed questionnaire for use in an on -line
Washington, D.C.
survey of members. Presented survey findings at
NATOA conference.
North Metro Community TV
Assisted organization in developing a strategic
Blaine, MN
plan.
Conducted staff /organizational goal setting
workshop.
North Suburban Cable
Assisted organization in long range planning and
Communications Commission
goal setting at the commission level.
Roseville, MN
North Suburban Community Television
Conducted staff development and planning
Roseville, MN
workshops.
Developed cost models for the provision of PEG
services.
Orange Beach, AL
Conducted community needs assessment for cable
franchise renewal and franchise compliance issues.
Red Wing, MN
Developed quantitative telephone survey to
determine community interest in a fiber network.
Conducted a PEG needs assessment for cable
franchise renewal.
Southwest Suburban Cable
Conducted a PEG needs assessment for cable
Commission:
franchise renewal.
Eden Prairie, Edina, Hopkins, Minnetonka,
Richfield, MN
Tucson, AZ
Conducted a PEG /community needs assessment for
cable franchise renewal.
Worthington, MN
Conducted PEG needs assessment for cable
franchise renewal involving 2 cable companies.
Conduct strategic planning session for board.
"
Holly Hansen Consulting • HollyMHansenCabcomcast.net • 612.207.8709
CITY OF LAKEVILLE, MN
Proposal: PEG Needs Assessment
4 -16 -2012
*61Z krt44a401Mei: zF-Ar00]01
Holly Hansen Consulting (sole proprietorship)
5440 Vernon Avenue South #131
Edina, MN 55436
Phone: 612- 605 -7303
Mobile: 612- 207 -8709
E -mail: HollyMHansen(ct�,eomcast.net
CLIENT REFERENCES
Scott Neal
City Manager
City of Edina, MN
Phone: 952 - 826 -0401
E -mail: snealna EdinaMN.Rov
Craig Clark
City Administrator
City of Worthington, MN
Phone: 507- 373 -8622
E -mail: cclark &ci.worthington.mn.us
Laura Blair
Information Technology Director
City of Red Wing, MN
Phone: 651- 385 -3699
E -mail: lura.blairC&ci.red- wing.mn.us
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Holly Hansen Consulting • HollvMHansen(c comcast.net • 612.207.8709
ENGAGEMENT AGREEMENT
This Engagement Agreement sets forth the agreement between the City of Lakeville, Minnesota
( "City's and Moss & Barnett, A Professional Association ("Moss & Barnett', concerning legal
representation to renew the cable television franchise held by Charter. For purposes of this
representation, Moss & Barnett understands that its client is the City not any of its individual
officers, agents or employees or any other entity.
A. The scope of the engagement is to assist the City in connection with drafting and
negotiating a cable television franchise with Charter, advising the City regarding the
renewal process to be followed and related services as directed by the City. Moss &
Barnett's 2012 hourly rates for communications work on behalf of municipal clients
range from $140 /hour for paralegal work to $395 /hour for senior partner work. Moss &
Barnett generally finds that the average hourly rate for municipal franchise renewal work
is approximately $275 /hour.
B. Moss & Barnett will represent the City with Brian Grogan as the primary attorney
responsible for all services. While other professionals at Moss & Barnett may perform
services on the City's behalf in connection with the services referenced above, it is
understood and agreed that Brian Grogan will not be removed or replaced as the
primary and responsible attorney for all services without the prior written consent of the
City. Moss & Barnett will use its best judgment to determine the most economical use
of its attorneys and staff personnel.
C. The City will receive an itemized statement of its account from Moss & Barnett on a
monthly basis, which summarizes the services rendered, and the costs and expenses
incurred on the City's behalf. Moss & Barnett reserves the right to increase the hourly
rates of any attorneys and staff. Such increases will, however, not be implemented
without the prior approval of the City. Time is billed by the one -tenth of an hour, which
is the minimum time charged for any service. Billed time includes all time spent on the
City's behalf in connection with the matter referenced above, including conferences,
telephone calls, drafting and reviewing of documents and memoranda, preparing and
reviewing of correspondence, negotiations, legal research, interoffice conferences, and
travel to and from locations away from the office.
D. The City will reimburse Moss & Barnett for all reasonable and necessary costs and
expenses which we incur on the City's behalf. These costs and expenses include
charges for subcontractors working on the City's behalf, photocopying, delivery and
messenger services, WESTLAW, travel, food and lodging.
E. The periodic statement of account which the City will receive from Moss & Barnett will
include a brief description of activity on the matter. We do not itemize all specific
services rendered on a particular date. The City will contact Moss & Barnett in writing
within thirty (30) days of receipt of its statement if the City has a question regarding any
charges on its statement. If Moss & Barnett does not hear from the City, it will assume
that there are no questions or problems.
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F. All balances on the City's account are due thirty (30) days after the date of the
statement. Interest at the legal rate shall accrue on the unpaid balance of the City's
account from the due date.
G. Moss & Barnett is a general service law firm that the City recognizes has represented,
now represents, and will continue to represent numerous clients nationally and
internationally, over a wide range of industries and businesses and in a wide variety of
matters. Given this, without a binding conflicts waiver, conflicts of interest might arise
that could deprive the City or other clients of the right to select this firm as their
counsel. Thus, as an integral part of the engagement, the City agrees that Moss &
Barnett may, now or in the future, represent other entities or persons, including in
litigation, adverse to the City on matters that are not substantially related to (a) the
legal services that we have rendered, are rendering, or in the future will render to the
City under the engagement and (b) other legal services that we have rendered, are
rendering, or in the future will render to the City (an "Allowed Adverse Representation'.
The City also agrees that it will not assert that either (a) this firm's representation of the
City in any past, present, or future matter or (b) this firm's actual, or possible,
possession of confidential information belonging to the City is a basis to disqualify this
firm from representing another entity or person in any Allowed Adverse Representation.
The City agrees that any Allowed Adverse Representation does not breach any duty that
this firm owes to the City.
Moss & Barnett assures that its services will be accomplished in a timely manner and
with the cooperation and assistance of the City. In this regard, the City agrees to
designate a contact whom Moss & Barnett will contact and who will regularly review,
discuss, and meet with Moss & Barnett regarding the services provided, the time for
performance of the services, and to assist in arranging meetings, conferences, and other
arrangements with City personnel to facilitate the performance of services by Moss &
Barnett and to ensure that all information and issues required for review by the City are
made available to Moss & Barnett. The City designates Susanna Palm, Communications
Manager, as its contact person for this project.
I. This Agreement may be terminated for any reason by either the City or Moss & Barnett
upon giving thirty (30) days written notice to the other. If such notice is given to Moss
& Barnett, it shall immediately cease work. All fees and costs incurred to the date of
receipt of the notice will be paid to Moss & Barnett. Otherwise, there shall be no further
liability to the City.
Although Moss & Barnett is not required to do so, it is Moss & Barnett's policy to retain
files for ten (10) full calendar years after a file has been closed. Files will thereafter be
destroyed unless the City specifically directs us otherwise. If the City wishes all or a part
of the City's file returned to the City, please notify Moss & Barnett as soon as possible.
All reasonable steps will be taken to preserve confidential communications and secrets
from disclosure to third parties.
K. This Agreement contains all of the terms of the services and financial arrangement
between the City and Moss & Barnett and can only be modified by a written document
signed by both parties.
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MOSS & BARNETT, A Professional Association
By: Dated: March _, 2012
Brian T. Grogan, Esq., Shareholder
CITY OF LAKEVILLE, MINNESOTA
0
Dated: March _, 2012
Its:
1961330V1
EM
Moss & Barnett
A Professional Association
March 30, 2012
VIA EMAIL
Ms. Susanna Palm
Communications Manager
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Re: Proposal to Conduct a Franchise Fee Review - City of Lakeville, Minnesota ("City' )
Our File No.: 27651.12
Dear Sue:
Per your request, this letter will provide the City with a franchise fee review proposal. Moss &
Barnett proposes to use its in -house CPA, Yuri Berndt, who has conducted franchise fee reviews
on virtually every major cable operator in the United States, including several recent audits of
Charter. I have attached Mr. Berndt's resume.
Moss & Barnett generally prefers to start with a "review" of fee payments as opposed to a full
"audit." By conducting a review the City can determine if significant issues are present and can
then determine whether to more aggressively pursue the issues based upon the amount of
money in controversy. The "review" will be performed by analyzing the information obtained
from the City and Charter. During the review the following tasks will be completed:
1. Verification of revenues;
2. Variance analysis;
3. Verify mathematical accuracy;
4. Review excluded revenues;
5. Customer coding verification;
6. Method of verification;
7. Computing any applicable underpayment; and
8. Analyzing new sources of revenue.
.E
JIV
Moss & Barnett
Ms. Susanna Palm
March 30, 2012
Page 2
After all the information has been gathered and reviewed, we will summarize all findings and
prepare a report. Moss & Barnett fees and costs to conduct such a review for the City is
estimated at $6,000 - $8,000 depending upon the level of cooperation provided by Charter in
making available the requested documents without the need for multiple requests and delays.
If you have any questions or if I can provide any additional information or assistance.
Very truly yours,
Brian T. Grogan
Attomey At Law
612 -877 -5340
GroganB@moss-barnett.com
BTG /tlh
Enclosure
cc: Yuri Berndt, Esq., (via email)
1980662x1
Moss Barnett
YURI S. BERNDT
Moss & Barnett, A Professional Association
4800 Wells Fargo Center, 90 South Seventh Street
Minneapolis, MN 55402 -4129
(612) 347 -0267 / (612) 339 -6686 facsimile
BerndtYD moss -ba rnett.com
MOSS & BARNETT Minneapolis, Minnesota — Partner practicing in the area of tax and
corporate law as well as cable communications and franchising. He represents
individuals, partnerships, limited liability companies and other closely -held business
clients on a variety of matters. He also works with the firm's municipal clients to
conduct franchise fee audits and financial qualification reviews.
MCGLADREY & PULLEN, LLP Minneapolis, Minnesota —Tax Manager
Responsible for all tax related planning and compliance for 30+ middle market
companies in the manufacturing and real estate area Including research memoranda on
various tax issues and planning ideas. Additional emphasis in partnerships, limited
liability companies, and S- corporations. Responsible for managing, scheduling and
supervising 13+ professional staff members. Also responsible for 40+ high net worth
individuals tax planning.
LANGLAIS. MAY & SCHUMACHER, PA, Hastings, MN — Tax Accountant
Researched various partnership tax issues. Prepared tax returns for various large real
estate partnerships.
MARIGOLD FOODS, INC. Minneapolis, MN — Accounting Intern
Internship under Division Controller analyzing, reconciling and preparing accounts
receivable reports. Generated and analyzed sales and expense budgets.
711 1 , : r
Juris Doctorate, Cum Laude — May 1998
William Mitchell College of Law, St. Paul, MN 55105
Bachelor of Arts Degree, Accounting — May 1992
Gustavus Adolphus College, St. Peter, MN 55082
ORGANIZATIONS
Member of the American Bar Association, Minnesota State Bar Association, American
Institute of Certified Public Accountants, Minnesota Society of Certified Public
Accountants, Tax Section of the Minnesota State Bar Association, Eden Prairie Chamber
of Commerce.
Mo ss & Barne
A Professional Association
March 30, 2012
VIA EMAIL
Ms. Susanna Palm
Communications Manager
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Re: Franchise Renewal - City of Lakeville, Minnesota ("City')
Our File No.: 27651.12
Dear Sue:
Per your request, this letter will provide the City with information regarding the fees and costs
regarding cable television franchise renewal with Charter. Once the survey, franchise fee,
technical and PEG reviews are completed a Needs Assessment Report (Needs Assessment) will
be prepared and the City will be in position to begin drafting a new cable television franchise or
fine tuning the existing franchise to include the needs and interests identified. Next, the draft
franchise and Needs Assessment are provided to Charter for its review and comment.
Thereafter renewal negotiations commence and reference is frequently made to the Needs
Assessment as support for the requirements contained in the draft franchise.
Given that I have represented the City for many years on various matters and drafted the
existing franchise and regulatory ordinance, I am hopeful that this experience will allow the City
to reduce the overall costs of this renewal proceeding. Moss & Barnett has completed franchise
renewal matters for similarly sized jurisdictions in the range of $12,000 - $30,000; however,
each renewal is dependent upon how aggressive a city may be in the renewal process and what
issues a cable operator may raise during negotiations. The above estimates are based on a
typical renewal process where controversial issues are not present. If the City's Needs
Assessment results in the City pursuing positions likely to be opposed by Charter, it is certainly
possible that negotiations could become more adversarial. In that event, the City may need to
dedicate additional financial resources based on the positions taken by Charter. Therefore costs
can vary significantly depending upon the complexity of the process and the negotiations and
the level of cooperation provided by the City.
I hope this information is helpful to the City and responsive to the issues you have raised. If
you should have any questions or if I can provide additional information or assistance, please
feel free to contact me.
Very truly yours,
Brian T. Grogan
Attorney At Law 7
612- 877 -5340
GroganB@moss-barnett.com
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