HomeMy WebLinkAboutReso 177-1996RESOLUTION NO. 177-96
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AMENDING THE JOINT POWERS
AGREEMENT FOR SAN MATEO COUNTY CABLE
TELEVISION AUTHORITY (SAMCAT)
WHEREAS, on April 24, 1996 the city Council approved a resolution
allowing the City to become a member of SAMCAT through the JPA; and
WHEREAS, the City Council proposes to amend the SAMCAT Joint
Powers Authority (JPA) Agreement, a copy of which is attached
hereto marked as Exhibit "A"; and
WHEREAS, the annual membership fee of approximately $2,500 in
SAMCAT will remain unchanged. However, additional contributions
may be needed for some of the future SAMCAT projects.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of South San Francisco that:
1. It adopts the amended Agreement as set forth in Exhibit "A".
2. The Mayor is authorized and directed to execute the
amendment to the San Mateo County Cable Television Authority
(SAMCAT) .
I hereby certify that the foregoing Resolution was regularly
introduced and adopted by the City Council of the City of South San
Francisco at a special meeting held on the 18th day
of December , 1996 by the following vote:
AYES:
Councilmembers Eugene R. Mullin, John R. Penna, Robert Yee
and Mayor Joseph A. Fernekes
NOES: N0ne
ABSTAIN: None
ABSENT: None
samCat. Amd.
ATTEST:
City Clerk~~
EXHIBIT A TO RESOLUTION NO. 177-96
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FIRST AMENDED JOINT POWERS AGREEMENT
ESTABLISHING THE SAN MATEO COUNTY
TELECOMMUNICATIONS AUTHORITY ("SAMCA'r")
THIS FIRST AMENDED JOINT POWERS AGREEMENT (hereinafter "this
Agreement") by and between those governmental entities who are signatories to this
Agreement (hereinafter referred to as the "Member" or "Members" as the context requires),
is made in light of the following recitals:
RECITALS:
A. The undersigned are the member entities (the "Members") of that Joint
Power Authority ("JPA") known as the San Mateo Cable Television Authority ("SAMCAT")
created by Agreement dated June 27, 1989, pursuant to Government Code Section 6500
through Section 6518; and
B. The Members have authority to exercise certain powers relating to
telecommunication services in their respective communities and desire to establish a
telecommunication services joint power authority ("SAMCAT"); and
C. The Members are authorized to contract with each other for the joint exercise
of any common power including those relating to telecommunication services pursuant to
Government Code Sections 6500 through 6518; and
D. The Members have previously amended the Agreement dated June 27, 1989
by adopting a First Amendment to the Joint Powers Agreement on November 29, 1994,
and said Agreement and First Amendment are included in this First Amended Joint Powers
Agreement which shall replace and supersede them; and
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E. The Members desire to include further changes in this Agreement to allow
SAMCAT to have additional authority to negotiate, develop and implement agreements
and procedures with respect to cable television, telecommunication services, public
property leases related to telecommunications and cellular and fiber optic equipment and
services, and collect data, hold hearings, and regulate cable television (CATV) rates and
other matters permitted by the State and Federal regulations for local cable television
(CATV) franchising authorities on behalf of the Members.
NOW THEREFORE, the Members, in consideration of the mutt~al promises and
agreements contained herein, AGREE AS FOLLOWS:
Purpose. The Members are entering into this Agreement for the sole
purposes of:
a. jointly addressing complaints from customers and potential customers
of CATV within the jurisdictions of Members and including, but not limited to,
the operation of a common office(s) to receive and address such complaints,
the hiring of personnel to receive and address complaints;
b. jointly operating or contracting for the operation of public, educational,
and/or government access facilities;
c. jointly providing research resources, including consultants,
model ordinance and franchise provisions, to assist members in
negotiating franchises, right-of-way agreements, lease and service
agreements. These roles shall not be limited to cable television
service agreements involving cable television, telephone, competitive
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The Members reserve to themselves the authority, and it is expressly agreed
that SAMCAT shall have no authority, to adopt franchises, to require any franchise
provisions, or to administer franchises, except as is provided in 1. a. - f. above.
2. Establishment of the San Mateo County Telecommunications Authority.
The Members hereby create an agency or entity to be known as the San Mateo County
Telecommunications Authority CSAMCAT"). The debts, liabilities, or obligations of
SAMCAT shall be the debts, liabilities, or obligations of SAMCAT and not the debts,
liabilities, or obligations of the Members.
3. Term. This Agreement shall be effective upon its execution by the Members.
This Agreement shall continue in effect until terminated as provided herein.
4. Board of Directors. Each participating Member shall appoint one
representative to serve on the Board of Directors. The Board shall elect one of its
Members to serve as Chairperson. The Board shall meet as needed, but at least quarterly,
and shall operate the programs of SAMCAT, shall review SAMCA'r's progress and
accomplishments, and shall resolve problems hindering the success of SAMCAT.
Decisions of the Board shall be final.
5. Powers. SAMCAT shall have the power to:
a. address complaints from customers and potential customers of cable
television (CATV), telephone, data, wireless and other telecommunications
services;
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b. operate a common office(s) to receive and address cable television
(CATV), telephone, data, wireless and other telecommunications services
complaints;
c. administer
channels,
frequencies,
fibers, spectrum or other
to or contracted for public,
telecommunications resources allocated
educational and/or government uses.
d. provide research resources, including consultants, model
ordinance and franchise provisions, to assist members in negotiating
franchises, right-of-way agreements, lease and service agreements
involving cable television (CATV), telephone, competitive access
providers (CAPs), open video systems (OVS), data, wireless and
other telecommunications services.
e. hire employees;
f. make and enter into contracts to carry out its purposes;
g. hold or dispose of property in order to carry out its purposes;
h. incur debts, liabilities or obligations required by the exercise o these
powers; provided, however, that such debts, liabilities or obligations shall not
constitute responsibilities of the Members;
i. sue or be sued in its own name;
j. do all things that are necessary and convenient to carry out these
powers and SAMCAT's purposes.
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(CATV),
services
jointly collect data, hold hearings, and regulate cable television
telephone, data, wireless and other telecommunications
permitted by the State and Federal regulations for local
cable television (CATV), telephone, data, wireless and other
telecommunications services for the Members of SAMCAT.
I. jointly hiring of agent(s) to represent the Members in leasing
public property for telecommunications purposes.
m. jointly developing model ordinances and procedures for right
of way management, installation and maintenance of overhead,
underground and above ground telecommunications equipment and
infrastructure.
n. jointly
procedures
studying and developing model agreements and
to develop city-owned and city-leased
telecommunications networks including a regional approach to city
and government telecommunications networks, such as a
government owned utility, a government leased utility or provider of
fiber service to city, county and school district sites.
These powers shall be exercised in the manner provided in this Agreement and,
except as expressly set forth herein, subject only to such restrictions upon the exercise as
are imposed upon the Members in the exercise of similar powers.
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Nothing in this Agreement shall prohibit the County of San Mateo, if it be a Member,
from administering complaint and/or access facilities separate and apart from SAMCAT for
those geographical areas designated by the County as not within SAMCA'I"s
responsibilities.
6. Bud.clet. The Board of Directors shall adopt an operating budget for SAMCAT
before April 1 of each year. The budget shall set fodh anticipated expenses, financing
sources and proposed service levels necessary to carry out the purposes of this
Agreement. Each Member's financial cost shall be paid within 30 days'of billing.
The financial responsibility of each Member shall be as follows: A budget
covering Administrative Services shall be established annually and all SAMCAT members
will be.assessed an equal portion of that budget. All other expenses relating to SAMCAT
activities shall be paid either by the agency incurring the cost, as a percentage of the
subscriber base, or divided equally, whichever method best suits the situation.
The initial SAMCAT budget shall be adopted by the Board of Directors within
one hundred and twenty (120) days of the date this Agreement is executed by all of its
Members. Any Member who fails or refuses to approve the budget within forty-five (45)
days of its submittal to the Member shall be deemed to have withdrawn from SAMCAT.
The time for budget approval may be extended by a majority vote of the Board of Directors.
In subsequent years a Member shall approve the annual budget within forty-
five (45) days of its submittal to the Member. Failure or refusal to so approve the annual
budget shall be deemed to be a withdrawal pursuant to Paragraph 9 of this Agreement;
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provided,
$3,000.00,
budget.
7.
however, that if the budget increases a Member's contribution by less than
the Member shall be deemed to have automatically approved the annual
Treasurer-Auditor and Controller, A Member City shall be designated the
depository and have custody of all the money and property of SAMCA~', from whatever
source. The same Member shall perform the functions of Auditor or Controller for
SAMCAT. No Member shall be required to act pursuant to this section without its consent.
The hold harmless provisions of this Agreement shall apply, except wh~re there is willful
misconduct on the part of the Treasurer/Auditor and/or Controller.
8. Personnel. SAMCAT may request from the Members the services of such
personnel to serve SAMCAT ex-officio as may be reasonably necessary to carry out this
Agreement and shall have the power to employ professional and technical assistance for
the performance of this Agreement, provided that adequate sources of funds are assured
for the payment of such professional and technical services which are not provided by a
party hereto. SAMCAT may request, although not require, that Members provide
personnel and service to SAMCAT in order to carry out the purposes designated in this
Agreement.
9. Withdrawal. Any Member may withdraw from this Agreement by filing written
notice of intention to do so with the other Members. Termination will take effect on July
1 of any year, provided there is at least six (6) months advance notice. The withdrawal of
any party from this Agreement shall in no way affect the rights and obligations of the
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remaining Members. If a Member withdraws from this Agreement, it is not entitled to the
return of any funds contributed to SAMCAT nor to the return in cash or in kind of any
materials or supplies contributed. Withdrawing Members still are obligated for all
payments due from them for the fiscal year of the withdrawal and all obligations and
liabilities incurred during the membership.
10. Termination and Disposition of Property. This Agreement shall be deemed
terminated when only one Member continues to participate, or when all participating
Members choose to terminate it. Upon termination, all assets shall be distributed to the
Members still active at the time of termination or to the one Member continuing to
participate. If there is more than one member at the time of termination, the assets shall
be distributed in proportion to those Members' financial participation during the prior fiscal
year.
11. New Members. After the effective date of this Agreement, additional
governmental entities may become Members of SAMCAT upon application and approval
of the Board of Directors. Approval by the Board of additional Members shall be
conditioned upon the following:
a. The new Members reimburse SAMCAT for the expenses of SAMCAT
resulting from the addition of the new Member, including, but not limited to,
reasonable attorneys' fees, consultants' fees, accountants' fees,
engineering fees and all other such reasonable out-of-pocket expenses as
may be incurred.
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b. The elected governing body of the new Member adopt such
resolutions and ordinances as shall be appropriate to permit SAMCAT to
operate in a manner that is consistent with the existing operation of
SAMCAT.
c. The new Member comply with such other conditions as may be
determined appropriate by the Board of Directors, before such new Member
is admitted as a Member of S^MCAT.
d. The new Member execute a counterpart of this agreement creating
SAMCAT.
12. Amendment. This Agreement may be amended from time to time by a
two-thirds majority vote of the Members, acting pursuant to vote of their respective City
Councils or governing boards.
13. Insurance and Hold Harmless. SAMCAT is responsible for all insurance for
its operations. Whenever possible at reasonable cost, SAMCAT shall name each of its
members as additional insureds. No Member will be liable for claims because of its
partidpation. SAMCAT, at its sole expense, shall defend and indemnify Members against
any and all claims, judgments, losses, demands and costs in any way arising out of the
operations of this Agreement.
14. Miscellaneous.
a. The section headings herein are for convenience only and are not
to be construed as modifying or governing the language in the section
referred to.
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b. This Agreement is made in the State of California under the
Constitution and laws of the State and is to be so construed.
c. To preserve a reasonable degree of flexibility, parts of this Agreement
are stated in general terms. It is understood that there will be operating
memoranda executed and amended from time to time that will further define
the rights and obligations of the Parties and which will be consistent with this
Agreement and particularly the purposes and powers of SAMCAT.
15. Severabilitv. Should any party term, or provision of this Agrbement be by any
agency of competent jurisdiction decided to be illegal or in conflict with any law of the
State of California, or otherwise rendered unenforceable or ineffectual, the validity of the
remaining portions or provisions shall not be affected thereby.
IN WITNESS WHEREOF, the Parties hereby by their duly authorized
representatives, have affixed their hands on the ~ day of ,1996.
ATTEST:
CITY OF BELMONT
BELMONT CITY CLERK
MAYOR
ATTEST:
CITY OF BRISBANE
BRISBANE CITY CLERK
MAYOR
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ATTEST:
DALY CITY CLERK
ATTEST:
FOSTER CITY
CITY CLERK
ATTEST:
HILLSBOROUGH TOWN CLERK
ATTEST:
MILLBRAE CITY CLERK
ATTEST:
REDWOOD CITY
CITY CLERK
CITY OF DALY CITY
MAYOR
CITY OF FOSTER CITY
MAYOR
TOWN OF HILLSBOROUGH
MAYOR
CITY OF MILLBRAE
MAYOR
CITY OF REDWOOD CITY
MAYOR
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ATTEST:
SAN CARLOS CITY CLERK
ATTEST:
SAN MATEO CITY CLERK
ATTEST:
SOUTH SAN FRANCISCO
CITY CLERK
ATTEST:
C:\WPDocs.~RJL~Samcat~Finakl.JPA
CITY OF SAN CARLOS
MAYOR
CITY OF SAN MATEO
MAYOR
CITY OF SOUTH SAN FRANCISCO
MAYOR
COUNTY OF SAN MATEO
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RESOLUTION NO. !996-2
RESOLUTION OF THE BOARD OF DIRECTORS OF
SAN MATEO COUNTY TELECOMMUNICATIONS AUTHORITY ("SAMCAT")
REGARDING PARTICIPATION OF MEMBERS
IN NON-BUDGETED PROJECTS
WHEREAS, pursuant to the First Amended Joint Powers Agreement of SAMCAT,
Section 6. "Budget.", the Board of Directors adopts an annual budget which is approved
by SAMCAT's Member entities; and
WHEREAS, from time to time the Board of Directors of SAMCAT, pursuant to its
powers, may determine to engage in programs, studies or activities ("Special Projects")
which are beyond the scope of the adopted budget, but which certain Member entities are
willing to separately fund;
NOW, THEREFORE, BE IT RESOLVED that Member entity participation in Special
Projects shall be voluntary, and the fees and costs for any such participation shall be paid
for separately by those participating Member entities.
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PASSED AND ADOPTED this
the following roll call:
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5 AYES:
6 NOES:
-/
ABSTAIN:
ABSENT:
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7th' dayof November , 1996 by
BOARD HENBERS, SAN /~ATEO COUNTY CONNUNI CA;TION$ AUTHORITY:
$OHHEP,S, CUP, RAN, DEANGELIS, ~IcELP,OY (for ZARRELLA)
DtANGELO, LA FLEUR, TILLNER, I~OURA
NONE
NONE
BOYD, BP,OOKS
Chairperson /~ '~'/~/~
SAMCAT Board of Directors
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