GLYNN COUNTY RECREATION & PARKS DEPARTMENT 323 Old Jesup Road; Brunswick, Georgia 31520 (912) 554 – 7780 / Fax: (912) 267 – 5744
WEATHER HOTLINE: (912) 554-7781
www.glynncounty.org/recreation
Our Mission: To provide quality, year round recreational activities, facilities, and services that are safe, fun, and enhance the quality of life for all.
MEMORANDUM
TO: Board of Commissioners
VIA: Finance Committee
FROM: Lisa Gurganus, CPRE, CPO, Recreation and Parks Manager
DATE: February 26, 2019
RE: Amendment to Installation and Services Agreement with Comcast
STATEMENT OF THE ISSUE: Glynn County Recreation and Parks Department (“GCRPD”) is seeking approval of the Amendment to Installation and Services Agreement (“Agreement”) with Comcast Cable Communications Management, LLC (“Comcast”) for Blythe Island Regional Park (“BIRP”). Comcast has been providing bulk cable service at BIRP under the terms of the previous agreement which began in June 2011 and expired in June 2018.
Between July and December 2018, Comcast continued providing service to BIRP under the terms of the expired agreement while County personnel (Will Worley, Jason Wilbanks, Zach Pafford, and me) and Comcast representatives explored options to either extend the existing agreement or negotiate a new agreement for service at BIRP.
In early February 2019, Comcast provided the Agreement to County personnel with an effective date of December 16, 2018, and the term of the initial agreement to expire on July 18, 2019. The Agreement shall automatically renew for 6 successive periods of 1 year unless either party gives the other notice of non-renewal at least 90 days prior to the end of the current renewal term. County personnel recommend exercising the first- year automatic renewal option which would extend the term of this Agreement through July 18, 2020. The final draft version of the Agreement has been approved by the County Attorney.
Below are highlights of the Agreement: • Bulk cable service provided to 99 sites (includes 2 common areas) • 62 Channel Line Up (See Exhibit A) • Monthly service fee per space is $16.50 plus applicable taxes and fees • Monthly fee may be increased with 30 days written notice and shall not exceed four percent (4%) during the agreement period • Maintenance of system, compatible equipment, and wiring during the agreement period
ALTERNATIVES: 1. Approve the Amendment to Installation and Services Agreement with Comcast Cable Communications Management, LLC for Blythe Island Regional Park with an effective date of December 16, 2018. 2. Suggest other alternatives
RECOMMENDATION: Alternative # 1
FUNDING SOURCE: 205.6130.6046.52554 – Blythe Island Regional Park Cable TV Service
RECOMMENDED MOTION FOR FINANCE COMMITTEE: I move to recommend the Board of Commissioners approve the Amendment to Installation and Services Agreement with Comcast Cable Communications Management, LLC for Blythe Island Regional Park to extend the current agreement through July 18, 2019 and to add six automatic renewal periods..
RECOMMENDED MOTION FOR THE BOARD OF COMMISSIONERS: I move to approve the Amendment to Installation and Services Agreement with Comcast Cable Communications Management, LLC for Blythe Island Regional Park to extend the current agreement through July 18, 2019 and to add six automatic renewal periods.
ATTACHMENTS: • Amendment to Installation and Services Agreement • Exhibit A – Comcast Bulk Service Channel Line Up
AMENDMENT TO INSTALLATION AND SERVICES AGREEMENT
THIS AMENDMENT TO INSTALLATION AND SERVICES AGREEMENT (the "Amendment") is made and entered into on December 16, 2018 (the “Effective Date”) by and between Comcast Cable Communications Management LLC, successor in interest to Comcast of Florida/Georgia, LLC (the "Company"), and Glynn County, Georgia, a political subdivision of the State of Georgia (the "Owner") who owns or has control over certain real property located at 6616 Blythe Island Highway, Brunswick, Georgia 31520 and known as Blythe Island Regional Park (the “Premises”), consisting of 97 spaces and 2 common areas. The Owner and the Company are parties to that certain Installation and Services Agreement dated June 16, 2011 (the “Agreement”). Capitalized terms used herein without definition shall have the meanings assigned to them in the Agreement.
The parties agree to amend the Agreement as follows:
1. The term of the Agreement is hereby extended for an additional period of 1 year(s) (the “Initial Renewal Period”) commencing on July 18, 2018. Thereafter, the Agreement shall automatically renew for 6 successive periods of 1 year (each, an “Additional Renewal Period” and together with the Initial Renewal Period (the “Renewal Term”) unless either party gives the other notice of non-renewal at least ninety (90) days prior to the end of the then current Renewal Term.
2. Section 1 of the Agreement shall be deleted in its entirety and replaced with the following:
1. Company Wiring. The Company has installed all facilities necessary to transmit the Services to the Premises, including, but not limited to, distribution cables, amplifiers, pedestals, lock boxes, equipment and appurtenant devices (the “Company Wiring”) to a mutually agreed upon demarcation point (the “Demarcation Point”) located at the Premises. As part of the Company Wring, the Company may install a multi-distribution terminal adaptor (“MDTA”) for use in providing the Company’s Services to the Premises. The Owner shall provide, without charge, a secured space and electricity, for the MDTA if requested by the Company. If the Company deems that the MDTA is incompatible with its network, in its sole discretion, at any time during the term of this Agreement, the Company shall not be responsible to provide replacement equipment or reimburse the Owner for any portion of the equipment cost paid to the Company. All work shall be done by the Company in a proper and workmanlike manner in accordance with Federal Communications Commission (“FCC”) regulations, industry standards and local codes, unless otherwise provided in this Agreement. The Company agrees to repair and/or replace any damage to the Premises resulting from the operation, maintenance or remove of the Company Wiring, except as otherwise provided in this Agreement. The Company will be responsible for obtaining all necessary permits, licenses and approvals in connection with the Company’s operation of the Company Wiring.
3. Subsection 2 a) of the Agreement shall be deleted in its entirety and replaced with the following:
The Company agrees to provide Bulk Service to the connection point at each of 97 spaces and 2 common areas. Bulk Service consists of the channel lineup set forth on Exhibit A of the Agreement which is subject to change from time to time. Bulk Service does not include receivers, remotes or CableCards that may be necessary to receive Bulk Service. The Owner shall pay the Company a monthly per unit service fee for the Bulk Service equal to
$16.00 per unit plus a broadcast TV fee equal to $0.50 per unit and all applicable taxes and fees. The monthly per unit(s) service fee may be increased by the Company upon 30 days written notice and such increase shall not exceed 4% per year. The broadcast TV fee may be increased by the Company upon 30 days notice and shall not exceed the then current residential broadcast TV fee increase.
4. Except as specifically modified hereby, the Agreement shall remain in full force and effect in accordance with its terms.
5. Each party represents to the other that the person signing on its behalf has the legal right and authority to execute, enter into and bind such party to the commitments and obligations set forth herein.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized representatives as of the date first written above.
OWNER
WITNESS/ATTEST: Glynn County, Georgia, a political subdivision of the State of Georgia
By: Name: Name: ______Title: ______
COMPANY
ATTEST: Comcast Cable Communications Management, LLC
By: Name: Name: Amy Smith Title: Regional Senior Vice President, Florida Region
Exhibit A
Channel Number Channel Name Channel Number Channel Name 2 ION (WPXC) 34 EWTN 4 NEWS 4 (WJXT) 35 DISCOVERY CHANNEL 5 PBS (WJCT) 37 PARAMOUNT 6 QVC 38 FX 7 THE CW (WCWJ) 39 HGTV 8 ANIMAL PLANET 40 TLC 9 CBS (WJAX) 41 NICKELODEON 10 ABC (WJXX) 42 CARTOON NETWORK 11 CBS (WTOC) 43 COMEDY CENTRAL 12 NBC (WTLV) 44 FS1 13 FOX (WFOX) 46 BET 14 ESPN 47 HALLMARK CHANNEL 15 ESPN2 48 AMC 16 DISNEY CHANNEL 49 HISTORY 17 TNT 50 FOX NEWS CHANNEL 18 TBS 51 SYFY 19 MSNBC 52 CSPAN 20 TRUTV 53 BRAVO 21 FOOD NETWORK 54 CH1 22 TV LAND 55 CNBC 23 TBN (WJEB) 56 E! 24 WGN AMERICA 57 POP 25 USA 58 UNIVISION 26 HSN 60 JEWELRY TELEVISION 27 EVINE 67 FS SOUTH 28 LIFETIME 68 CNN 29 MY NETWORK TV (WFOX) 69 HLN 30 MTV 71 FOX SPORTS SOUTHEAST 31 THE WEATHER CHANNEL 72 GOLF CHANNEL 32 A&E 73 HSN2 33 FREEFORM 98 LEASED ACCESS