COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

May 23, 2011

BOARD MEETING DATE:

June 7,2011

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

James C. Porter, Director of Public Works

SUBJECT:

Agreement with Pacifica Community Television for Public, Education, and Governmental Access Television Services for the Moss Beach, Montara, El Granada, Princeton, Pescadero, and La Honda areas

RECOMMENDATION:

Adopt a Resolution authorizing the President of the Board of Supervisors to execute an Agreement with Pacifica Community Television for Public, Education, and Governmental Access Television Services for the Moss Beach, Montara, El Granada, Princeton, Pescadero, and La Honda areas, effective June 7, 2011 to June 30, 2015.

BACKGROUND:

The County entered into cable franchise agreements with cable operators that require the broadcasting of Public, Education, and Governmental (PEG) access channels to their subscribers. On September 12,1995, the County entered into a three year agreement with Mid-Coast Television, Inc. (MCTV), which designated MCTV as the PEG access provider for the County coastside area (Moss Beach, Montara, El Granada, Princeton, Pescadero, and La Honda) and provided MCTV a portion of the franchise fees collected within these areas to support the PEG channel. The City of Half Moon Bay (City) has maintained a similar agreement with MCTV. Both the County and the City agreements with MCTV were automatically renewed several times, but are now both set to expire in September of 2011.

In May 11, 2010, staff presented several factors to the Board as to why it was appropriate to initiate a Request for Proposals (RFP) for a PEG access provider. These factors included: an evaluation of the current technology in the delivery of cable service; the County’s oversight responsibility for PEG services; Comcast’s plan to leave its coastside office where MCTV is co-located; and the opportunity to combine services with other PEG access providers in the County. The Board directed staff to prepare a RFP for a PEG access provider.

DISCUSSION:

Request For Proposal Process and Selection of Pacifica Community Television

Staff from the County and City worked collaboratively to develop the RFP that addressed public input received at public meetings and through written comments.

Three providers submitted proposals: Mid-Coast Television, Inc. (MCTV), Pacifica Community Television (PCT), and Peninsula TV, Inc. (PenTV). In accordance with the RFP, the proposals were referred to an Evaluation Committee, which was comprised of the production manager for Contra Costa TV (a PEG access provider), the business manager for San Bruno Cable TV, the former executive director of the Media Center (PEG access provider for communities surrounding and including the City of Palo Alto) and a resident of Pescadero who is the station manager for KPDO (public radio) in Pescadero. After reviewing the three submitted proposals, interviewing representatives from each of the proposers, watching a sampling of programming, and in certain cases a video of their studios and operations, the Evaluation Committee recommended the commencement of negotiations with PCT. The Director of Public Works and the City Manager accepted that recommendation due to many factors, including:

•

PCT, a nonprofit cable TV foundation, is the nation's oldest community media center chartered to provide PEG access programming for the City of Pacifica. PCT has won numerous awards including two Emmy’s, Cable TV awards and two Community Media Center of the Year awards.

•

PCT has demonstrated the ability and a clear vision for providing PEG access to the County coastside area and City of Half Moon Bay. In its written proposal and oral presentation, PCT demonstrated an ability to: (1) provide the governmental programming set forth in the RFP; (2) provide public access through the public’s use of its studio, training opportunities in broadcasting, editing, media, as well as submission of materials by the public for broadcast; and (3) provide educational programs and videos currently available on its station.

•

In addition to meeting the requirements of the RFP, PCT offered additional ideas, activities and opportunities to engage and increase PEG access for coastside residents. PCT proposes to implement community engagement strategies currently being used in Pacifica as well as additional opportunities for community engagement. PCT has an active volunteer and intern base that provides on-going support for the delivery of programming.

•

PCT offers community education through workshops on camera operations, remote production, floor direction, audio operations, and computer graphics. PCT offered to use a social media website to facilitate improved accessibility to the station.

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PCT specializes in local origination programming, which they believe engages community interest and activism, facilitates more programming than would otherwise be feasible, and encourages residents to, essentially, be the media.

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PCT has experience broadcasting the annual Fog Fest and other community events. Through its current activities in Pacifica, PCT has established a shared sense of coastal identity.

Protest Process

All proposers received a letter stating that based upon the recommendation of the Evaluation Committee, the County and the City intended to commence contract negotiations with PCT. The RFP allowed for the filing of protests and as guidance noted that “a successful protest will include sufficient evidence and analysis to support a conclusion that the selected proposal taken as a whole is an inferior proposal.” MCTV filed the only protest. The protest, the three proposals and materials relevant to the RFP were reviewed and based on the totality of information, the protest was denied. A decision letter was issued reflecting that the MCTV protest did not support a conclusion that the PCT proposal, taken as a whole, is an inferior proposal. (Copies of the protest correspondence and the decision letter are attached for the Board’s information.) PenTV did not submit a protest, but did send a letter to the Finance and Operations Committee on April 5, 2011, which is attached for the Board’s information.

The MCTV protest included numerous issues, which were responded to in the decision letter. However, one of the issues raised, is PCT’s ability to provide a live feed for the meetings of the City Council (from the Ted Adcock Center) and Mid Coast Community Council (from the Seton Medical Center), and is addressed below.

Department and City staffs have had discussions with Comcast and PCT regarding the ability to provide live feeds. PCT will be able to provide live feed from the Seton Medical and Ted Adcock centers, but it will require the purchase of some equipment at an estimated cost of $15,000. The path of live feed would be from the Seton Medical and Ted Adcock centers to the Comcast facility in San Mateo and back to the coastal areas. The County and City are proposing to each pay half of this cost with an estimated maximum amount per agency to be $7,500 from PEG Capital Funds. A separate resolution is being presented for the Board’s approval that would amend the distribution of PEG Capital payments.

Drafting of the Agreement

Throughout this process the Department received input from MCTV, the Mid-Coast Community Council (Council) and other members of the public relating to requirements to include in the proposed Agreement between the County and PCT. On May 11, 2011, Department staff attended the Council’s meeting and gave an update on the process and our recommendation to this Board. To the extent feasible, the input we received was incorporated into the Agreement. Highlighted below are some of the key requirements for PCT as set forth in the proposed Agreement:

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Ensure that it is able to broadcast over Channel 27 and to simultaneously webstream all programming.

•

Broadcast the meetings of the Board of Supervisors and Mid-Coast Community Council and other local agencies as agreed upon by those other agencies.

•

Within six (6) weeks following execution of the Agreement, develop a programming schedule include priority, timeslots, and frequency, including playback information. The program schedule shall include sufficient detail to quantify the broadcast time that will be made available for each of the Public, Education, and Governmental access components of PEG Access.

•

Conduct open and public meetings of its Board of Directors and include as members of the Board of Directors residents from the County coastside service area.

•

Maintain office and publicize office hours and office location on its website and on Channel 27.

•

Operate and maintain a community access studio and media lab.

•

Produce video programming with PEG access equipment.

•

Provide access to equipment, training, and workshops for County coastside residents and volunteers pursuant to an annual plan to be submitted to the County.

•

Maintain a message board and website to convey specific information to the public such as emergency information, program schedules, community announcements.

•

Maintain copyright and distribution rights that allow for the distribution of PCT produced programming to the public upon request.

•

Submit reports to the County annually that describe the PEG programming activities, workshops, training, results of annual viewer surveys, inventory, and financial statements and budgets.

County Counsel has reviewed and approved the Resolution and Agreement as to form.

Approval of this action will contribute to the Shared Vision 2025 outcome of a

Collaborative Community by designating Pacifica Community Television as the PEG access provider to the County coastside areas, which will provide for the delivery of service on a more regional coastside basis.

FISCAL IMPACT:

The RFP included self-sufficiency as one of the RFP evaluation criteria; however, it became evident through the evaluation process that it is not feasible for a PEG access provider to provide the required services without continuation of financial support similar to what has been provided to MCTV. MCTV has received two percent of the cable provider’s gross revenue for the County coastside areas received by the County on a quarterly basis from the cable provider. The PCT Agreement is structured to allow for the same payment mechanism, which is estimated to be equal to approximately $38,000 per year and will be paid by the cable budget. The funding required for the live feed from Ted Adcock or Seton Medical centers will be paid from PEG Capital portion of the cable budget. Therefore, there will be no cost to the County general fund.

Attachments:

MCTV protest correspondence (dated February 28, 2011 and

March 16, 2011)

Decision Letter dated March 16, 2011

Peninsula TV, Inc. Letter dated April 5, 2011