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HomeMy WebLinkAboutR-1990-D5767 EmergencieselY RESOLUTION NO. A RESOLUTION authorizing execution of a Cable Television Consulting Service Agreement. WHEREAS, the City of Yakima operates Yakima Community Television, a public access cable television station, in addition to franchising a private cable television operator within the City of Yakima; and WHEREAS, the City of Yakima needs consultant services to plan for renewal of the Cable Television Franchise Agreement; and WHEREAS, the City of Yakima also needs consultant services to plan new services and the integration of new technologies with respect to Yakima Community Television. WHEREAS, R. Craig Ackerson, dba R. Craig Ackerson, Consulting, is knowledgeable and experienced in cable television consulting, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated "Cable Television Consulting Service Agreement." ADOPTED BY THE CITY COUNCIL this Z(0 day of June, 1990. Oti-t 5762,&c,4-2 ATTEST: City Clerk Mayor ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of 6/26/90 Report from Cable Communications Division on Consultant Activities and Request to Renew Consulting Contract SUBMITTED BY: Glenn K. Rice, Dir. of Community & Econ. Development CONTACT PERSON/TELEPHONE: SUMMARY EXPLANATION: Wendy Warren, Cable Communications Manager 575-6092 This report provides an overview of activities and accomplishments in this division during the past year in terms of work with the cable consultant, including the successful, smooth transfer of franchise to Tele-Communications, Inc., and revenue enhancements. It includes a request to renew the contract with R. Craig Ackerson for one year. The details are included in the attached information: 1 ) Memorandum on Cable Consulting Services 2) Attachment A - Revenue Reporting Form 3) Attachment B - Franchise Fees Collected in 1989 4) Attachment C - Consulting Services Contract 5 Attachment D - Draft Resolution Authorizing Execution of Cable Television Consulting Service Agreement. Resolution Ordinance Contract Minutes Pian/Map Notification List Other (Specify) APPROVED FOR SUBMITTAL: c -r, City Manager STAFF RECOMMENDATION: Accept Report and authorize execution of Cable TV Consulting Services Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Legal/BD MEMORANDUM TO: Richard Zais, City Manager, and Honorable Members of the City Council FROM: Glenn K. Rice, Director of Community and Economic Development, AA and Wendy Warren, Cable Communications Manager 11 j DATE: June 21, 1990. U�^' RE: Cable Consulting Services During the past year, the City of Yakima has engaged the professional consulting services of R. Craig Ackerson. During that time, Mr. Ackerson assisted the City with the third transfer of the cable television franchise, with revenue enhancement and rectification of unpaid back franchise fees, and with other cable -related issues. This report provides a summary of his activities and asks approval of a second one-year contract for his consulting services. Overview Qf Consultant's Activities The original contract specified four areas in which Mr. Ackerson's expertise would be used and we will address each in order: > Long-range cable television planning with emphasis on feasibility of new technologies, upgrading services, and possibilities for regionalized and interconnected access systems. > Transfer of franchise. > Revenue enhancement and improved accountability. > The approaching franchise renewal. Long range planning. As you are aware, technology in all areas of our lives is in a phase of rapid growth and even more rapid change. In the cable television arena there is the additional factor of impending revisions in federal regulations. With all of these variables in flux , researching availability and feasibility of new services becomes a challenge. Making recommendations on those new services is even more difficult. As a necessary part of his previous contract, Mr. Ackerson has stayed abreast of the technical changes through personal and professional contacts, personal research and professional journals. He has shared conversations with myself and the cable manager on the immediately possible upgrades in local service (for example, expanding channel capacity by a maximum of six channels). He has researched services provided by our current cable operator, Tele- Communications, Inc., of Washington, in like -sized communities across the country and then spoken with local and state TCI representatives regarding applicability and feasibility of such services in Yakima. While the cable company makes no promises, it appears feasible and possible that service- enhancements can be planned on for the future, certainly in conjunction with the new franchise to be negotiated over the next three years. In addition, research into a valley-wide cable interconnect -- including regionalized access services -- has been accumulated and a series of informal conversations have been held with officials from several Yakima municipalities and with local TCI manager Gary Bailey. The technical feasibility of a valley- wide access system -- both for public and for governmental use -- appears on the near horizon as TCI moves to consolidate its several "head-ends" into just one (located in Yakima). However, the political feasibility is clouded by the multitude of franchises in the Valley (ten) with widely varying requirements for access and in varying stages of the lives of the agreements, as well as issues of territoriality and equitable funding. We have contacted as well as visited other communities in the northwest seeking information on services provided by their cable operators, including institutional networks, which offer voice and data transmission, and interactive alarm systems. We have also continued to research other franchise agreements looking for specific language which meets current needs yet provides flexibility to address the changing regulatory and technological landscape. We also have begun compiling information on a more articulate cable customer service policy. With Yakima rapidly approaching the franchise renewal process, we will look for opportunities to seek and incorporate citizen ideas on Tong-term needs, especially in the development of an "urban area cable television plan." Transfer pj Franchise. in 1989 Yakima underwent the third transfer of cable ownership under the current franchise agreement. The current franchise term is fifteen years and this latest transfer occurred in the 11th year, only two-and- one-half years after the last. Mr. Ackerson and Ms. Warren worked together to develop a more comprehensive "request for qualifications" questionnaire than had been used in the past to assess the incoming company's financial, technical, and legal "health" as well as its commitment to customer service, cable access television, and other "character" issues. During the process of the transfer, we had the opportunity to meet with TCI's state manager and to clearly state the City's expectations regarding compliance with the existing franchise as well as hope for expanding cooperation between the City and the cable company in providing the best possible service for Yakima's cable customers. Our commitment to thoroughly checking sources and following up on TCI- supplied data impressed the incoming operator that Yakima "does its homework," setting the tone for the renewal process which formally begins in November of this year. In addition, we activated a provision of the 1984 Cable Act which allows communities to recoup from the cable operator expenses incurred in processing the transfer. Yakima collected a reimbursement of such expenses for the first time even though this was the third transfer of franchise. The reimbursement was just under $6,000. 2 Revenue enhancement and improved accountability Soon after Mr. Ackerson began consulting with the City, we discovered irregularities in the 1987 and 1988 franchise-required annual audit reports submitted by Cooke Cablevision. The exploration of those irregularities involved our own finance department and led to clarification of the "gross receipts" on which franchise fees are paid. As a result, Cooke paid back franchise fees totaling $14,122. The irregularities also pointed out the need for better accounting month by month. As part of his contract, Mr. Ackerson developed a detailed monthly revenue report which the cable company now provides with the franchise payment and monthly activity report. (See Attachment A.) In addition. we reached agreement with the local cable manager that Yakima is entitled to franchise fees on 100% of their local ad revenues as the Yakima system is the only place those ads run.. While the number of subscribers within the city limits has remained virtually constant for more than a year (hovering near 14,000) and taking into account the 4% rate increase implemented by the cable company last August, the city saw franchise fees increase by 15% over 1989 budget projections. The increase can be directly tied to the improved accountability achieved through the revenue report as well as more frequent discussions about those reports with the local cable manager. Preliminary franchise renewal work. Close on the heels of the transfer of the franchise, the City must address the possible renewal of the franchise. However, the flurry of recent Congressional activity on cable re-regulation has made progress on this last area somewhat difficult to pursue. The Cable Communications Act of 1984 removed many local jurisdictional powers and was intended to increase competition, theoretically holding rates down while increasing services. Unfortunately, while services have expanded so have subscriber rates -- often at an astronomical pace. In the city of Yakima, subscription rates increased 55% between 1984 and 1989, considerably faster than the Consumer Price Index. During the same time, consolidation of cable systems into the hands of fewer and fewer major corporations (including TCI, which services nearly 25% of all cable customers in the U.S.), "vertical integration" (wherein the company which provides cable service also provides the programming), and, in some cases, flagrant disregard for the needs or desires of local cable customers all brought the push to revisit the Cable Act to a head. Congress is currently exploring several routes to restore accountability to the cable television industry, focusing on two areas: reinstatement of strong local jurisdictional powers (e.g. rate regulation), and incentives and avenues for increased competition. This Council passed a resolution earlier this year expressing support for such Congressional action. In our preliminary preparations for franchise renewal, we have been consulting current cable law and regulations, watching developments at the national level, soliciting information from other municipalities and from the National League of 3 Cities, developing a needs assessment survey, discussing with the Community Programming Advisory Committee ways in which they can assist with such a survey, and collating information on potentially desirable future services. All of these activities, some in a more formal capacity, will continue throughout the remainder of this year and into the coming year. Request for Renewal of the Professional Services Contract Mr. Ackerson has completed all of the requirements of the current contract, including filing monthly reports with the Cable Communications Office and the submission of four comprehensive written reports in the areas indicated above. In addition, his expertise can be directly attributed for increased revenue- accountability resulting in substantially increased franchise funds paid to the city by the cable operator. In fact, the recouped franchise transfer costs and back franchise fees along with the increased franchise revenues totaled $32,000 in 1989 (see Attachment B) and franchise revenues for the first part of this year are up somewhat over budget projections. Mr. Ackerson's expertise within the cable industry has proved invaluable in providing background information to city staff. For us to know what questions to ask of the cable company, we have to know what answers we are seeking. The availability of specialized expertise in cable issues has saved time, increased franchise revenues, and minimized the chance for errors or omissions in our recent dealings with the cable company. The City is now moving toward the far more complex process of franchise re- negotiation, a process whose outcomes will have long-term affects on our citizens and municipal government. While the knowledge of city staff in this area is considerable, the fact remains that an event of this magnitude happens only once every ten or fifteen years and benefits from a level of expertise not required in daily cable regulatory duties. Therefore, we are recommending a one-year renewal of Mr. Ackerson's Cable Television Consulting Services Agreement to deal with two new areas and their impact on Yakima community Television and the City of Yakima: Franchise Renewal (75% of time) > work with Cable Communications Manager and cable operator to assure compliance with the Cable Act of 1984; > conduct community needs assessment through surveys, public meetings, "blue ribbon" committees, etc.; > establish timeline for process, and goals for discussions with the cable operator; > develop a stronger cable customer service policy. Long-range Planning (25%) > continue research into emerging technologies and services with emphasis on upgrading the Yakima system, including enhanced access services, expanded channel capacity, institutional networks, etc.; 4 > research alternative means of providing cable services (e.g., municipal -owned system, fiber -optics, etc.); > continue exploration of regionalized public, educational, and governmental (PEG) access. The consultant's work will be summarized in periodic reports to the Director of Community and Economic Development as well as in three final, detailed reports. Financial Impact The proposed contract renewal calls for compensating the consultant through progress payments not to exceed $2,100 per month for a maximum of $25,200 over the one year term (July 1, 1990, through June 30, 1991). This is equal to the previous contract terms. The 1990 Budget contains an appropriation of $17,600 for Professional Services, of which $12,600 was planned for the current cable consulting contract. The remaining $5,000 was added in anticipation of possible outside legal fees and have not been utilized. That remaining appropriation could cover part of the renewed contract for the remainder of 1990. In addition, the Cable Communications Division is making a revision in its proposed fourth staff position and therefore that position remains vacant. As a result, there is approximately $21,600 in unused salary and benefits in the 1990 budget, more than enough to cover the remaining $7,600 of the consultant's contract term in the latter half of this year. It is important to note that with the formal franchise negotiation process beginning in November, the costs of the consultant -- as part of the "reasonable" expenses incurred in that process -- may be recoverable from the cable operator without impairing the regular franchise fees. Recommendation We propose hiring Craig Ackerson as a consulting under a Consulting Services Contract. (See Attachment C) As stated in original proposal to engage Mr. Ackerson's services, he has more than 15 years experience within the cable industry, including five years as a regional manager for McCaw Cablevision in Yakima, and an uncommon commitment to community service and interest in cable access television. He has established an excellent working relationship with city staff and with the cable operator as well. His expertise has already translated into cost -savings and revenue -enhancements. Therefore, we are recommending that we utilize the remaining appropriation for the Professional Services line item in the Cable Communications Division's 1990 budget and part of the appropriation for the currently vacant fourth staff position in order to contract with Craig Ackerson to perform specific services (noted above). He is not a City employee and performs his services away from City facilities. 5 ATTACHMENT A CITY OF YAKIMA, WA MONTHLY REVENUE REPORT REPORTING MONTH APRIL SUBSCRIBER DATA TOTA:. HOMES PASSED 34SIC SUBSCRIBERS 14057 kDDITIONAL OUTLETS (INCLUDING FM OUTLETS) 2816 COMMERCIAL ACCOUNTS (BASIC EQUIVALENTS) 359 PREMIUM SUBSCRIBERS 6096 REMOTE CONTROL CONVERTERS 3177 SERVICE REVENUE DATA PREVAILING RATE AMOUNT BASIC SERVICE REVENUE ADDITIONAL OUTLET REVENU ;VIDE INCOME 18.45 262,941.43 2.95 278.60 0.50 78.54 TOTAL SERVICE REVENUE 263,298.57 2REMIUM SERVICE REVENUE i0ME BOX OFFICE 10.95 IMEMAX 10.95 SHOWTIME 10.95 3ISNEY 8.95 _HER PREMIUM TOTAL PREMIUM SERVICE REVENUE 'NSTALLATION REVENUE PREVAILING RATE ?RIMARY INSTALLS tECONNECT INSTALLS '1DD,MOVE,RELOCATE OUTLET 'QEMI*T! INSTALLS EPARAT'E TRIP) -RIP CHARGES ;rHER INSTALLS 22,549.40 9,396.25 23,923.88 8,574.77 0.00 64,444.30 AMOUNT 19.90 5,450.05 19.90 0.00 19.90 0.00 19.90 179.10 10.00 0.00 19.90 0.00 TOTAL INSTALLATION REVENUE 5,629.15 rUIPMENT REVENUE EMJTE CONTROLS 2.95 9,054.95 INVERTERS 1.95 4,234.99 .S SWITCHES 10.00 0.00 IPER EQUIPMENT 0.00 TOTAL EQUIPMENT REVENUE 13,289.94 THER REVENUE `VERTISING INCOME 17,099.73 'SF PENALTY 1,086.83 }UIFMENT CRARGES 0.00 :ELC COLLECTION CHARGES 0.00 ;.TE CHARGE INCOME 4,635.00 :'ME SHOPPING NETWORK 0.00 THER INCOME 3,102.33 TOTAL OTHER REVENUE 25,923.89 TOTAL REVENUE RECEIVED X 5% FRANCHISE FEE TOTAL DUE CITY 372,585.85 18,629.29 SUBMITTED BY: NAME: TITLE: Glee. COMPANY: C / THIS Fl"- DAY OF / 7I , YEAR 9u ATTACHMENT B Franchise Fees Collected in 1989 Original projection for 1989 $191,500 Regular fees collected 203,465 Back fees owed and paid for 88/89 14,122 Reimbursed transfer processing fees 5.954 TOTAL FEES COLLECTED IN 1989 $223,541 Amount over 1989 projected fees $32,041 Percentage increase over 1989 projected fees 16.7% 6 ATTACHMENT C SECOND GAZE TELEVISION CONSULTING SERVICE AGREEMENT WHEREAS, C=City of Yakima operates Yakima Community Television, a public access catiarte television station in addition to franchising a private cable television opetatcrw within the City of Yakima; and WHEREAS, thane City of Yakima needs consultant services to plan for the future growth, tram:asfer, and expansion of franchise cable television service within the City ofYayakima; and WHEREAS,'rthe City of Yakima needs consultant services to plan for the future growth ant acexpansion of Yakima Community Television, and WHEREAS. R. R. Craig Ackerson, dba R. Craig Ackerson, Consulting , hereafter called `AcAc kerson," is experienced in cable television consulting work and knowlgeable in cable television planning issues facing the City of Yakima and has `retofore contracted with the City to provide consulting services. The City of Yaikakima, "City," and R. Craig Ackerson dba R. Craig Ackerson Consulting, "Acson," mutually agree as follows: 1. Wort Fa :roduct. Ackerson shall write for the City two comprehensive tgimorts on the following subjects: A. Contnunuing exploration of long range cable television planning with an erruinuhasis on feasibility of improving and emerging techno»ejs and new services for upgrading the City's cable television seservices and access station, including but not limited to explorations of municipal -ownership, interactive television, fiber optics, eanded channel capacity, institutional networks, and cable - activated i farm systems. The report shall also include the status of a county -wide cable television interconnect , exploration of updating and expandinc p ublic/educational/government (PEG) cable access services,cand the regionalization of PEG access services. B. Fr-atiWdrise Renewal. This report will cover the preliminary steps of franchise rerTenewal with emphasis on compliance with the formal renewal ptwcess outlined by federal law, establishment of a citizen committee to help determine the citizens' interests in and needs for future cable service, creation, dissemination and evaluation of a community needs assessment survey, development of a stronger cable customer service policy, an assessment of the process to date, and summaries of discussions and negotiations with the cable operator. This report will include a comprehensive outline of resources used in preparing the report. 2. Time. Ackerson shall finish the work product within one (1) year of execution of this agreement as written below. Ackerson shall deliver such work products to the Director of Community and Economic Development, hereafter "Director," at City Hall, Yakima, Washington, before the expiration of said one year. Ackerson shall make monthly written reports to the Director on the progress of the work product before each payment. 3. Independent Contractor. The parties agree that Ackerson is an independent contractor and not an employee of the City. Ackerson shall make no claim of City employment or claim any related employment benefits from the City including but not limited to medical benefits. Ackerson shall not be subject to control and direction of City officers and employees. Ackerson shall have access, at all reasonable times, to City files and records related to the work product. Ackerson shall use his own word processing equipment, paper, and other materials to write the work product. Except for consulting with City officers ad employees regarding the work product and the research of City records concerning such work product, this contract shall not be performed by Ackerson on City property or with any City facilities whatsoever. 4. Taxes and Assessments. Ackerson shall pay all taxes and assessments, including but not limited to, federal income withholding tax and social security tax, which may be assessed either party as a result of this agreement. In the event the City is assessed a tax or assessment as a result of this agreement, Ackerson shall pay the same before it shall become due. 5. Consideration. The City shall pay Ackerson Twenty-five Thousand Two Hundred Dollars ($25,200.00) for the work product payable at the rate of Two Thousand One Hundred Dollars ($2,100.00) per month, due on the monthly anniversary date of the agreement. Second Cable Television Consulting Service Agreement 2 6. Termination. This agreement shall terminate one (1) year after its execution unless otherwise terminated earlier by either party. Either party may terminate this agreement by serving upon the other party a written notice of such termination thirty (30) days prior to the termination. The Director shall receive notice for the City. Upon such early termination Ackerson shall give to the Director, upon termination, all notes, drafts, and materials related to the work product together with any materials belonging to the City of Yakima related to the work product. Upon early termination the City shall pro -rate final payment to the date of termination. 7. Entire Agreement. This writing constitutes the entire agree- ment between the parties. 8. Assignment. Ackerson shall not assign any of the work product to be performed under this agreement without the consent of the Director. EXECUTED this 29th day of June CITY OF YAKIMA: City Manager ATTEST: City Clerk La CONTRACT NO: CN -S-7(0-7 , 1990. R. Craig A. son, dba R. Craig Ackerson, Consulting 3208 W. Yakima Avenue, Yakima, Washington 98902 Second Cable Television Consulting Service Agreement 3 ATTACHMENT D CABLE TELEVISION CONSULTING SERVICE AGREEMENT WHEREAS, City of Yakima operates Yakima Community Television, a public access cable television station in addition to franchising a private cable television operator within the City of Yakima; and WHEREAS, the City of Yakima needs consultant services to plan for the future growth, transfer, and expansion of franchise cable television service within the City of Yakima; and WHEREAS, the City of Yakima needs consultant services to plan for the future growth and expansion of Yakima Community Television, and WHEREAS, R. Craig Ackerson, dba R. Craig Ackerson, Consult- ing, hereafter called "Ackerson", is experienced in cable tele- vision consulting work and knowledgeable in cable television plan- ning issues facing the City of Yakima, and the City of Yakima, hereafter called "City", mutually agree as follows: 1. Work Product. Ackerson shall write for the City monthly reports detailing his work progress and findings for the City. In addition, he shall write for the City four comprehensive reports on the following subjects: A. Long range cable television planning with an emphasis on feasibility of new technologies and new services for upgrading the City's cable television services and access station, in- cluding but not limited to explorations of inter -active tele- vision, fiber optics, and cable -activated alarm systems. The report shall also include an exploration of regionalization and interconnection of cable access television systems with the City's cable t.v franchisee. B. Transfer of Ownership. Over the years, the City has been faced with several transfers of ownership of its cable tele- vision franchise. This report shall provide information and analysis concerning the technical and financial information necessary for the City to carefully evaluate franchise trans- fers. The report will include a comprehensive bibliography of resources used in arriving at the analysis. C. Organization and revenue enhancement. This paper shall include a comprehensive history of cable television within the Yakima area. In addition, the paper shall also contain in- sights on how to achieve revenue enhancement from the oable t.v. franchises as well as ways and means of achieving greater accountability from franchised cable operators. This report shall also contain a comprehensive bibliography of resources to be used in revenue monitoring. D. Franchise renewal. This paper will address opportuni- ties which may be available in the future. This paper shall contain a comprehensive assessment of local needs for the City's community television station, a plan for establishing an on-going dialogue between the City's staff and its citizens on issues related to cable and access television, and a com- prehensive outline of resources used in preparing the report. 2. Time. Ackerson shall finish the work product within one (1) year of execution of this agreement as written below. Ackerson shall deliver such work products to the Director of Community and Economics Development, hereafter "Director", at City Hall, Yakima, Washington, before the expiration of said one year. 3. Independent Contractor. The parties agree that Ackerson is an independent contractor and not an employee of the City. Acker - son shall make no claim of City employment or claim any related em- ployment benefits from the City including but not limited to medical benefits. Ackerson shall not be subject to control and direction of City officers and employees. Ackerson shall have access, at all reason- able times, to City files and records related to the work product. Ackerson shall use his own word processing equipment, paper, and other materials to write the work product. Except for consulting with City officers and employees regarding the work product and the research of City records concerning such work product, this contract shall not be performed by Ackerson on City property or with any City facilities whatsoever. 4. Taxes and Assessments. Ackerson shall pay all taxes and assessments, including but not limited to, federal income withhold- ing tax and social security tax, which may be assessed either party as a result of this agreement. In the event the City is assessed a tax or assessment as a result of this agreement, Ackerson shall pay the same before it shall become due. 5. Consideration. The City shall pay Ackerson Twenty-five Thousand Two Hundred Dollars ($25,200.00) for the work product payable at the rate of Two Thousand One Hundred Dollars ($2,100.00) per month, due on the monthly anniversary date of the agreement. 6. Termination. This agreement shall terminate one (1) year after its execution unless otherwise terminated earlier by either party. Either party may terminate this agreement by serving upon the other party a written notice of such termination thirty (30) days prior to the termination. The Director shall receive notice for the City. Upon such early termination Ackerson shall give to the Direc- tor, upon termination, all notes, drafts, and materials related to the work product together with any materials belonging to the City of Yakima related to the work product. Upon early termination the City shall pro -rate final payment to the date of termination. 7. Entire Agreement. This writing constitutes the entire agreement between the parties. 144 EXECUTED this 13 day of e- , 1989. CITY OF YAKIMA: City Manager ATTEST: 7)2/CIA-4' ? , e k ; C-141 CL, CityClerk l City Contract No. 89-36 Res, D.-5587 R. Craig Ac Wear R. Craig Ackerson, Consulting 3208 W. Yakima Avenue, Yakima, Washington 98902 RESOLUTION NO. A RESOLUTION authorizing execution of a Cable Television Consulting Service Agreement. WHEREAS, the City of Yakima operates Yakima Community Tele- vision, a public access cable television station, in addition to franchising a private cable television operator within the City of Yakima; and WHEREAS, the City of Yakima needs consultant services to plan for the future growth, transfer and expansion of cable television service within the City of Yakima; and WHEREAS, the City of Yakima needs consultant services to plan for the growth and expansion of Yakima Community Television; and WHEREAS, R.Craig Ackerson, dba R. Craig Ackerson, Consulting, is knowledgeable and experienced in cable television consulting, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated "Cable Television Consulting Service Agreement." �7, ADOPTED BY THE CITY COUNCIL this (% day of June, 1989. ATTEST: xlVe Mayor City Clerk