HomeMy WebLinkAboutAGREEMENT BETWEEN THE CITY OF AUGUSTA AND THE GEORGIA MUNICIPAL ASSOCIATION, INC. FOR TELECOMMUNICATIONS & RIGHT OF WAY MANAGEMENT AGREEMENT BETWEEN
THE CITY OF AUGUSTA
AND
THE GEORGIA MUNICIPAL ASSOCIATION, INC.
FOR TELECOMMUNICATIONS & RIGHT OF WAY MANAGEMENT
WHEREAS, the City of Augusta ("City") desires to provide regulation and oversight of cable
television and other telecommunications services being provided to the citizens of the City;
WHEREAS, the Georgia Municipal Association, Inc. ("GMA")has available a telecommunications and
right of way management service; and,
WHEREAS,the City has a need for such telecommunications and right of way management services.
THEREFORE,THE CITY AND GMA AGREE AS FOLLOWS:
Section 1. Services Provided to the City of Augusta
GMA agrees to provide, either directly or through its agents or subcontractors, the following consulting
services, (all of which are explained more fully below) which are to be known as GMA's
Telecommunications and Right of Way Management Service:
a) Local Franchise Management, as more fully described in Section 2 of this agreement;
b) State Issued Franchise Management, as more fully described in Section 3 of this agreement;
c) Cellular Tower and PCS Tower Site Consultation Services, as more fully described in Section
4 of this agreement;
d) Franchise Compliance Monitoring Services as more fully described in section 5 of this
agreement.
e) Right of Way Ordinance Development as more fully described in Section 6 of this agreement.
Section 2. Local Franchise Management
Local Franchise Management shall include assisting the City with the following:
a) Facilitating the City's compliance with the 1984 and 1992 Federal Cable Acts,the Telecommunications
Act of 1996 and the rules of the FCC affecting municipal regulation of cable and video service
providers;
b) Regulating cable rates for basic service, equipment and installation, and performing rate analysis to
determine compliance with the Federal Communications Commission("FCC") rate regulations, if the
city is a rate regulator;
c) Evaluating and responding to requests for approval of franchise grant, transfer, modification or
renewal;
t
d) Recommending and developing customer service standards for cable and video service
providers; and
e) Assisting with Public Educational and Government Channel (PEG) development and
implementation issues.
Section 3. State Issued Franchise Management
State Issued Franchise Management shall include assisting the City as needed with the following
based on O.C. G. A. 36-76-1 et seq.:
a) Reviewing requests for state issued franchises submitted to the Secretary of State's Office to provide
service within the city's corporate limits, including facilitating the Secretary of State's procedural
processes related to the franchise fee percentage for a holder of a state issued franchise;
b) Assisting with Public Educational and Government Channel (PEG) development and implementation
issues;
c) Reviewing requests for transfers of state issued franchises submitted to the Secretary of State's Office
for service provided within the city's corporate limits; and
d) Assisting with customer complaints rules as established by the Governor's Office of Consumer
Affairs.
Section 4. Cellular and PCS Tower Site Consultation Services
Cellular and PCS and Tower Site Consultation Services shall include:
a) Negotiating agreement between the city and any cellular or PCS provider for use of the city's
property by the provider;
b) Advising Cities on the provisions of tower site agreements for the use of public land;
c) Informing Cities concerning federal policies related to siting of wireless technologies; and
d) Referring Cities to engineering or other professional resources on an as needed basis.
Section 5. State and Local Franchise Compliance Monitoring Services
Franchise compliance monitoring services shall include systematically reviewing the cable operator's or
video provider's compliance with the terms of certain aspects of a local or state issued franchise agreement
to encompass the following:
a) Upon receipt of revenue report forms from the city, monitor compliance with the definition of
gross revenue"and assist with recovery of any identified underpayments;
b) Periodically perform a review of the franchisee's books and records to determine compliance with the
definition of gross revenue and assisting with recovery of any identified underpayment;
c) Advising government concerning conducting the local performance review of an operator's
performance in compliance with provisions of a local franchise agreement;
d) Reviewing funding or other issues related to the government channel, tower rental fees or pole
agreement fees if applicable;
e) Documenting operator's carriage of appropriate insurance coverage;
t) Checking and documenting the status of system construction timeframes, if applicable;
g) Handling and resolving subscriber complaints as referred;
h) Monitoring operator's adherence to federal, state or local customer service standards;
i) Notifying Cities of any identified areas of noncompliance and resolution of same or notification that
the operator was found to be in compliance;
Section 6. Rights of Way Ordinance Development
a) Review existing Rights of Way Ordinance to determine City's current rights of way practices;
b) Review existing permit process and other ordinances that impact use and restoration of the rights of
way;
c) Evaluate current Rights of Way practices and recommend changes;and
d) Provide updated.Rights of Way Ordinance based on the unique needs of the city
Section 7. Other Services
In addition to the services outlined above, the City may obtain technical performance auditing of a cable
operator or telecommunications company and technical assistance in the development of public,
educational and governmental access channels and institutional networks as well as engineering
consulting services concerning cellular tower siting. These other services may be obtained from GMA,
its agents, employees or subcontractors. The parties to the agreement may execute an addendum or
addenda to this agreement for the City to obtain such services; provided, however, the additional fee for
each such additional service shall not exceed $10,000.
Section 8. Effective Date, Renewal and Termination.
a) This Agreement shall terminate absolutely and without further obligation on the part of the City at the
close of the Calendar year in which it was executed and at the close of each succeeding Calendar year
for which it may be renewed as provided for herein.
b) This A g r e e m en t s h al 1 co mm en ce as March 27, 2017. It is automatically renewed for
one-year calendar terms thereafter, unless terminated by either GMA or the City by giving 30 days
advance written notice of such termination to the other party. GMA shall be entitled to payment for
services rendered to the City, including compensation due for additional services rendered to the
City, including compensation due for additional services reasonably substantiated by GMA as of
the effective date of termination.
c) The total obligation of the City under this Agreement for the calendar year of execution shall initially
be $9630.00. The total obligation of the City which will be incurred in each Calendar year renewal
term shall be reflected in an annual invoice to be submitted to the City thirty(30) days prior to the due
date. The invoice shall state the total amount of obligation for the upcoming year exclusive of amounts
for any Other Services as the City may elect to obtain through the provisions of Section 6 of this
agreement. The rendering of services by GMA or its subcontractors to the City after any renewal of
this Agreement for such services shall result in additional obligations for the City.
Section 9. Hold Harmless and Indemnification.
Each party shall bear the responsibility for liability for negligence, errors or omissions of its own officers,
agents, employees or subcontractors in carrying out this agreement. To the extent permitted by law, the
City holds harmless GMA for liability for the negligence of the City, its officers, agents, employees, or
subcontractors arising out of this agreement. GMA holds harmless the City for the negligence of GMA,
its officers, agents, employees, or subcontractors arising out of this agreement. No agency relationship
created for other purposed including but not limited to workers compensation and employee benefits
and neither party or their officers, agents or employees shall be deemed employees of the other party.
Section 10. Agency
In addition by executing the attached Agent Representation Form the City designates GMA, its officers,
agents, employees, and contractors as agents of the City for purposes of Section 635A of the
Communications Act of 1934,. as amended, the applicable provisions of the Local Government Antitrust
Act of 1984 and O.C. G. A. 36-76-1 et seq known as the Georgia Consumer's Choice for Television Act
of 2008.
Section 11. Amendments.
This contract may be amended by future written agreements executed on behalf of the City and GMA.
Section 12. Georgia Security and Immigration Compliance Act
GMA attests compliance with the requirements of O.C.G.A. §13-10-91 and Rule 300-10-1-.02 by the
execution of the contractor affidavit attached as Appendix A as shown in Rule 300-10-1-.07, or a
substantially similar contractor affidavit, which document is attached to and made a part of this contract
as Exhibit A.
GMA agrees that, in the event GMA employs or contracts with any subcontractor(s) in connection with
the covered contract, GMA will secure from such subcontractor(s) attestation of the subcontractor's
compliance with O.C.G.A. 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the
subcontractor affidavit shown in Rule 300-10-1-.08 or a substantially similar subcontractor affidavit, and
maintain records of such attestation for inspection by the City at any time.
Section 13. Law Applicable.
This agreement shall be construed under the laws of the State of Georgia.
Section 14. Consulting Services
None of the services provided pursuant to this agreement shall be regarded or treated as the practice of
law or accountancy.
EXECUTED ON BEHALF OF THE CITY OF AUGUSTA THIS .L DAY OF ,2017.
CITY OF AUGUSTA:
By: o 4—
;Om Ja ce Allen Jac son
303/ 7
GEORGIA MUNICIPAL ASSOCIATION,INC.
By: ✓4, U1Ila
Executive Director
Georgia Municipal Association
Telecommunications andRightofWayManagement Service
AGENT REPRESENTATION FORM
The undersigned is a participant in the Georgia Municipal Association's (GMA)
Telecommunications and Right of Way Management Service (TRM). GMA's TRM service
provides assistance with all aspects of federal and state cable and video franchising, including
but not limited to franchise renewals and modifications, state franchise application process,
franchise fee reviews and customer service issues. As a participant in GMA's TRM service
authorization is hereby granted to allow GMA's staff and/or subcontractors to act on the
Participants behalf as listed above.
This AGENT REPRESENTATION FORM is effective upon date signed and until further
notice.
Augusta, Georgia
Name of City, Town or County
535 Telfair Street Augusta 30901
Street Address City Zip Code
(706) 821-2400 (706) 821- 2819 janice.jackson@augustaga.gov
Phone# Fax # Email Address
Janice Allen Jackson Administrator
Submitted By—Print Name Title
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XI/LA.1 2
Sign Aire Date
/946141 V
/23/ x"7
GEORGIA
MUNICIPAL EXHIBIT A
,ASSOCIATION
GEORGIA MUNICIPAL ASSOCIATION
FEDERAL WORK AUTHORIZATION PROGRAM COMPLIANCE AFFIDAVIT
By executing this affidavit,the Georgia Municipal Association.Inc.("GMA")verifies its compliance with
O.C.G.A. §13-10-91, slag affirmatively that C3MA, which is engaged in the physical performance of
services in Georgia, has registered with, is authorized to use and uses the federal work authorization-
program commonly known as&verify,or any subsequent replacement program,in accordance with the
applicable provisions and deadlines established in O.C.G.A. §13-10-91. Furthermore,GMA will continue
to use the federal work authorization program throughout the contract period and will contract for the
physical performance of services In satlafhetlon of such contract only with subcontractors who present an
affidavit to the contractor with the information required by O.C.G.A. §13-10-91(b). GMA hereby stasis
that its federal work mon use identification number and date of authorization are as follows:
69371 November 26.2007
Federal Work Authorization User Identification Number Date of Authorization
Cable and Telecommunications Management Services
Name of Project
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on Pia/t.$ , , DJ / / ,inAtigng(may),Georgia (state).
1404.4 Ite.
BY:GMA A , car or Agent Date
Lamar Norton.Executive Director
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN
R.RE ME ON THIS THE
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