HomeMy WebLinkAbout3 - Legal Review Submission_ Bremerton-Draft Scope of Work and Timeline REVISED 11-30-23 (Legal comm
REVISED Exhibit A
Service Tasks
Task 1 Project Management
This task includes all work related to the management, administration, and coordination of work activities
for the project.
The Project Kick-off meeting is assumed to be two (2) hours in length and two (2) hours for
preparation of material for the meeting.
Consultant Task Leads, up to three (3) additional key team members, and Project Manager (PM)
will attend the Project Kick-off meeting.
The Project Kick-off meeting will be held using Microsoft Teams.
Bi-weekly project management team meetings will be one (1) hour in duration and be held
remotely. Up to nine (9) project management team meetings will be held.
Publicly available demographic information will be collected by the Consultant for use in the
Community Engagement Plan
Task 1.1 Project Management Plan
This task involves the development of a Project Management Plan (PMP). The purpose of the PMP is to
define how the project will be delivered and coordinated with the City and the various scope activities
and tasks including project communications, monitoring, and project controls. The PMP will include:
Overall project schedule using Microsoft Excel, budget, and Work Breakdown Structure (WBS).
This may also include general administration tasks related to project planning and development.
Identification of the project team for each task (including organization structure).
Development of quality assurance/quality control (QA/QC) plan.
Project team communications plan (internal and external).
Develop and maintain the project schedule.
Monthly reporting procedures.
A change management procedure for adjusting the project scope, budget, or schedule.
Monthly updates to the project schedule.
Task 1.2 Project Kick-off Meeting
The purpose of the kick-off meeting is to formally notify all team members that the project has begun and
make sure everyone has a common understanding of the project and their roles.
The Consultant will attend one project kick-off meeting with the City, key Targeted Needs Assessment
members, and the Consultant team. This meeting will review project objectives, communication protocol, and
schedule.
Task 1.3 Project Management Team Meetings
The Project Management Team (PMT) will consist of the Consultant PM and the City project management
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staff. The Consultant will hold bi-weekly PMT meetings with project staff and provide updates on progress;
discuss coordination items; and prioritize tasks, schedule, and delivery dates. The agenda and meeting
minutes shall be prepared by the Consultant.
Task 1.4 Project Monitoring and Invoicing
This work will include the continuous monitoring of the project budget, scope, and schedule. The Consultant
will prepare and submit a monthly progress report and invoice for the duration of this scope.
Task 1.5 Deliverables:
Project management plan
Project Kick-off meeting materials
Compilation PMT meeting agendas and notes
Monthly invoices and progress reports
Task 2 Community Engagement
Consultant will provide survey link for the City to post on project website.
The paper survey will not be mailed but will be distributed by the City or community-based
organizations.
City will print and distribute all paper copies of open house and survey materials.
City to host virtual open house meetings using Zoom Video Webinar.
Virtual open house meetings will be up to two (2) hours in duration.
Virtual open house meetings will be accessible for people who use ASL and languages other than
English, by request.
There will be up to three (3) virtual open public house meetings to gather citizen input regarding
Comcast performance and the City’s future Telecommunication needs.
City to host Targeted Needs Assessment Focus Group meetings using Microsoft Teams.
Up to five (5) two-hour Targeted Needs Assessment Focus Group public forums/workshops will be
held.
Up to two (2) Focus Group Meetings consisting of the City and BKAT/School Officials.
Up to two (2) Consultants will attend each Community Focus Group meeting.
The City will provide notes for each of the Targeted Needs Assessment Focus Group meetings.
City will reach out to all Targeted Needs Assessment Focus Group members to request their
participation, including the BKAT Citizens Board (BKATB).
One Consultant staff member will support the City and attend up to three (3) City Council Briefings.
City will host the project website.
Up to two (2) rounds of review for all materials.
All web-based material for public review will be Title VI compliant.
Translation services for the virtual open houses are assumed as requested by the City.
No additional translation services are assumed in this scope of services.
Task 2.1 Community Engagement Plan
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The Consultant will produce one (1) draft and one (1) final Community Engagement Plan (CEP) that includes:
communication goals, key messages, audience, demographic analysis, list of key Community Focus Group
members, inclusive and equitable outreach methods, risks, and opportunities. The Consultant will use publicly
available citywide demographics information for development of this plan.
Task 2.2 Public Information Survey
The Consultant will develop a draft survey focused on gaining information about people's use of broadband
networks in the City, cable needs and interests, and viewership habits. Examples of requested information will
include issues that influence consumer decisions, and information about their Broadband connection issues by
use and location. The Consultant shall include survey materials tailored to outreach to specific diverse
communities such as arts, economic and racial communities (e.g., performing arts, immigrant, and refugee,
etc.). After City review and input from key stakeholders the Consultant will meet with the City to confirm
final updates to the survey. Based on the outcome of the review meeting, the Consultant will finalize the
survey. Once finalized for public participation, the survey will be posted online for public input. The Consultant
will provide a version of the survey that can be printed and distributed in paper format. The survey will be
available for input for two (2) weeks. The City will be responsible for public notification about the survey to
maximize public participation.
The Consultant will summarize findings from the survey and provide a summary report that outlines key
findings. It is assumed that the survey will take no more than ten (10) minutes to complete, will have no more
than one (1) open ended question, and no more than 3,000 completed surveys will be submitted for summary.
River Oaks and CBG will build on its current understanding of how gaps in residential broadband service
impact the City as a whole, in developing an online and written residential survey instrument to specifically
define where, and what types of broadband services exist today and the perceived reliability, speed and cost
of these services, as well as cable needs and interests and viewership habits.
Conduct a Targeted Residential Broadband/Cable Survey
River Oaks and CBG will work with the City to create a residential broadband and cable survey designed to
ensure results that provide the needed information on the current and future residential demand for broadband
and cable products and services. It will help define the current state of broadband where gaps exist for basic
broadband (FCC Definition: 25 Mbps download and 3 Mbps upload for residential) as well as higher tiers and
levels of service needed for home businesses and small office/home office (SOHO) locations in the area. River
Oaks, CBG and its Team Partner, Dr. Connie Book, will help target the residential broadband and cable survey
to achieve a significant qualitative response. We will compile the results of the survey and upon completion
of the compilation of the data, River Oaks and CBG will analyze the data and provide an executive summary
and narrative report of survey findings and recommendations related to the areas of focus for resulting actions
by the City.
Residential On-line/Written Survey
Specifically, River Oaks, CBG and Dr. Book will work as a highly effective expert team to perform and analyze
an online/written-based survey ascertainment of residents’ current and potential future use of broadband and
cable services. This will include all work needed, from survey instrument design to information gathering,
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results tabulation, findings analysis and report generation.
Respondents, for example, will be asked questions pertaining to a variety of areas related to current and needed
use of broadband infrastructure, technologies and services.
Topic areas covered by such surveys include, but are not limited to:
o Geographic location
o Availability of broadband/Internet/Cable access
o Nature of current Internet access services utilized (type, transfer rate, etc.)
o Attitudes toward a variety of broadband and cable-related issues
o Viability of current connection speed (transfer rate)
o Cost of current Cable and Internet access
o Acceptable costs for improved Cable and Internet Services
o Customer service experience
o Installation
o Applications
o Preferences of various types of devices used to access the Internet
o Preferences for various types of providers and systems
o Support for various levels of City involvement for expanding broadband
o If Internet and/or Cable TV access has not been adopted, detailed reasons why not
o Future needs and interests in broadband and Cable services
o Technology training needs, and
o Other related issues
A number of background questions will also be asked to elicit demographic information. Questions will be
crafted such as the age of the respondent, the age of persons in the household, ethnicity, household income,
education level and gender. All of these items can be important in correlating the results later in the
compilation and delivery phase of the residential portion of the Study.
The survey instrument will be designed, such that most questions will allow for answers to be recorded using
a simple check box format by the resident filling out the survey. This typically provides for the highest degree
of accuracy in information gathering. In one case, an open-ended question will be asked to get an unprompted
response.
Survey Conduct
The online written survey will be performed using the above-described survey instrument developed with
corresponding data points. It will take no more than 10 minutes to complete.
River Oaks, CBG and Dr. Book would work with the City to utilize their web site to provide access to, and
promotion of, the on-line residential survey. Access will be provided by linking through to a service such as
SurveyMonkey. The responses would then be imported into SPSS (Statistical Program for the Social Sciences)
to analyze the data in a variety of useful ways (such as ANOVA [Analysis of Variance], which shows which
responses are significantly related to each other).
The Web-survey would also be structured as a written-based instrument for public dissemination.
Opportunities can also be developed to link to the Web survey from other allied organizations (such as PEG
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Channel Providers).
It should be noted though, that for quantitative analysis to be performed, enough surveys need to be received
with a range of demographics consistent with the population in the survey area. Otherwise, a qualitative
analysis would be done to determine broadband and cable-related residential characteristics, attitudes and
trends.
CBG and its Team Partner will also work with City staff, as well as select community-based
partners/stakeholders, to assist with the outreach and data collection for the on-line survey. Outreach includes
setting the stage for eventual buy-in and participation in actions developed based on survey data collected, as
well.
Task 2.3 Targeted Needs Assessment Meetings and Workshops Consulting services will take place in
partnership with City staff.
Consultant will provide education to city staff and community about franchise agreements, including
an overview of what can and cannot be addressed in franchise agreements.
The Consultant will work with the City to convene a Targeted Needs Assessment (TNA) to represent key
interests in the planning study. The TNA will meet five (5) times over the course of the project and provide
input ahead of major planning milestones. The Consultant will draft a set of roles and responsibilities for use
in the TNA meetings. The Consultant will prepare meeting agendas and draft meeting materials for discussion
in the PMT meetings prior to the TNA meetings. Materials are anticipated to be shared with TNA members
five working days prior to each meeting. The City will prepare meeting summaries after each TNA meeting
to document input from the meeting members and outline any action items.
Task 2.4 Virtual Open House Meetings - Workshops
The Consultant will develop an event notice for the City to distribute prior to each event. Up to three (3) virtual
meetings will be held over the course of the project. The Consultant will develop one (1) folio style printable
copy for each virtual open house. Printing and distribution will be completed by the City. At least 1 Open
House/Workshop will be for Educations Purposes and the final Open House/Workshop should present the
survey results with the public, stakeholders and leadership.
Virtual meetings will use a web-based platform hosted by the City, such as Zoom. Online open houses will
feature the same materials as the virtual open house. Virtual meetings will consist of an introductory
presentation using a PowerPoint slide deck followed by a City facilitated discussion or question and answer
session. Questions will be posted to the chat box on the web site and will be copied for the records. Any
questions that are posed verbally will be documented and added to the record. The Consultant will lead up to
two (2) practice sessions prior to each virtual meeting.
The Consultant will provide all electronic materials to the City after each of the meetings.
Consultant will work with the City to develop workplans for each of the workshops that will include materials,
agenda, desired outcome, and list of participants. Each of the workshops will be two (2) hours in duration and
will be held using a web-based platform that allows for break out groups. Workshop agendas are anticipated to
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be as minimum as follows:
Pre-workshop – Hold Stakeholder/Leadership Meeting and conduct other on-site meetings.
Virtual Open House -Workshop No. 1
o Share City project goals.
o Provide brief educational presentations so workshop participants understand current process
and the types of franchise-related requests that could be included in a franchise agreement.
o Respond to questions from workshop participants.
Workshop No. 2 – Present survey results with public, stakeholders and leadership.
Disseminate Information – All the various Communities of Interest, including public, government, educational,
community and business representatives, and other interested parties will need information about the cable
franchising process and its potential for use in the City to meet their needs in order to maximize their
participation in the needs assessment process. Topics to be reviewed could include:
Evolution of Cable/Broadband Networks – both locally and around the country
Basic Aspects of Cable Franchises and the Renewal Plan - including examples
Future applications – including examples of current and potential future applications
Such information can be disseminated in a presentation and hard copy format directly to interested parties,
through workshops/briefings, through educational or governmental Websites, Chamber of Commerce
newsletters and other business publications, educational publications, broadcast E-mail and a variety of other
means.
Task 2.5 City Council Briefings
The Consultant will support up to three (3) City Council briefings. The Consultant will work with the City PM
to develop a draft presentation for the City Council briefings. The presentation is expected to use graphics,
data, and PowerPoint slides already developed for Targeted Needs Assessment or Open House meetings. No
new material is anticipated for these briefings. Participation at the briefings will be remote using a web-based
meeting platform.
Task 2.6 Outreach Support
The City will host a dedicated project phone and email to provide all people with an opportunity to learn more
about the project. The Consultant will support the City by documenting the outreach shared by the City and
providing support for responses to the public. Because this is a support role, it is estimated that up to four (4)
hours per month will be attributed to this role. The City will also inform the public about comment drop boxes
located throughout the City so that the public can provide comments about the project. The City will collect
and share comments from the drop boxes with the Consultant for documentation with all other comments.
Task 2.7 Equitable Outreach
Upon written authorization from the City for each virtual open house, the Consultant will provide a Spanish
language translator. Written authorization will be needed no later than one (1) week prior to the meeting so
the Consultant can decide with staff schedules. It is assumed that the translator will attend each of the virtual
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open house meetings and have time prior to the meeting to be familiar with the presentation for simplicity of
translation.
The City will be retaining a translator. If this is not the case, River Oaks will retain a translator to assist in this
regard.
Task 2.8 Outreach Report
The Consultant will prepare a draft and final public outreach report to summarize and document the community
engagement process including the public information survey results, Targeted Needs Assessment meetings,
virtual meetings, open houses, City Council briefings, and community input received through the web
interface. This report will be referenced as an appendix in the final Joint Compatibility Transportation Plan
report.
River Oaks and our team partners will take all the information gathered, review, compile and analyze it, and
determine what broadband and cable-related needs are being demonstrated by the various Communities of
Interest in the City. River Oaks and CBG and its Team Partners will then look at ways that Comcast could
meet the demonstrated needs in a renewed franchise. Specifically, River Oaks and CBG would work with the
City to identify the litany of needs that can reasonably be embodied in a franchise and the types of provisions
to meet and embody such needs.
We will include the results of all the component tasks chosen by the City into the Overall Written Community
Needs Ascertainment Report. The report will include an executive summary and include verifiable support
for all findings, conclusions and recommendations.
Specifically, River Oaks, Dr. Book and CBG will prepare and submit a portion of the Report which contains
the full results of the online/written residential survey, including all cross tabs and supporting data. The Report
will include a detailed description of methodologies and analysis employed and supporting tables, charts and
graphs.
The Report will also outline existing and future needs related to PEG channel facility, equipment and technical
operational needs. We will provide recommendations on any franchise modifications that would be needed to
meet future needs. All of these findings will be summarized for inclusion in the Report with recommendations
also for future improvements, enhancements, expansions and upgrades to meet the needs demonstrated over a
10-year period.
The Final Ascertainment Report to the City will identify the broadband and cable-related needs elicited from
the assessment process. The report will incorporate input from City staff and the identified Communities of
Interest and include a description of methodologies employed and recommendations. River Oaks will use
results from site visits, interviews, surveys, workshops, open houses, and other work to develop the
recommendations in its Report. Through our research and analysis into all facets of this project, and using the
research tools previously described, we will be able to focus on recommended franchise renewal requirements
and strategies to meet demonstrated needs. The Report will be thorough and concise. It will provide a well-
supported needs ascertainment foundation to be utilized effectively in cable franchise renewal proceedings.
Task 2.9 Deliverables:
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One Draft Community Engagement Plan Technical Memorandum
One Final Community Engagement Plan Technical Memorandum
Online survey
Draft Public Information Survey results report
Final Public Information Survey results report
Targeted Needs Assessment materials
Virtual meeting presentation materials and documented public comments.
Folio of all public comments and responses
Draft Community Engagement Summary Report
Final Community Engagement Summary Report
Task 3 Data Collection
Data necessary to support analysis during the study will be outlined and collected early in the study. Data
collection will supplement background planning, studies, channel viewership, channel programs and
hours, and applicable information provided by the City, and the BKAT board. The study team will
examine existing data and identify gaps that will be filled by new data collection. Data collection may
include but is not limited to:
1. Existing data available from previous projects: The Consultant will coordinate with the City
providing broadband customer data including the basic service rates. Data collected will be
summarized in tabular format. Gaps in data will be identified to outline needs for additional
surveys.
2. Data obtained from Comcast, the survey outlined in Task 2.9, and existing data will be used to
outline key areas of service that require additional attention.
Task 3.1 Deliverables:
Electronic data files
MA Memorandum
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Task 4 Franchise Renewal Negotiation Plan
Consultant will outline the key negotiation points for the new agreement
Consultant will outline areas that cannot be addressed in the Franchise Agreement
Consultant will calculate the amount of Franchise fee increase that the City is eligible to request
based on the market value of the City’s in-kind public access return line infrastructure
Consultant will address any community questions regarding the creation of a
regional telecommunications consortium entity as the regional Franchise holder
Consultant will provide recommendations regarding the impact of current and future
legislation
The City Web Master would input the Survey which would be tabulated at the City’s cost by Survey
Monkey or similar platform
The city would pay for the cost of sign language translators whose work would be necessary in connection
with the public outreach
River Oaks Work Plan in addition to that set forth above by the City:
A. Review of existing Comcast Franchise Agreement, Wave Cable Franchise and CenturyLink Cable
Franchise.
B. Review of any pertinent City Cable Communications Ordinance.
C. Address the Comcast Build-Out requirements since this impacts the deployment of Broadband.
D. Address numerous matters for possible inclusion in the renewed Franchise. This will include matters
with respect to Fiber Connectivity between City Buildings, placement of fiber to fill in City service
gaps, add to existing City fiber runs, PEG Requirements and Channels, PEG Fees, Gross Revenues
inclusions, FCC Orders, Definitional matters, Police Power issues, Term of Franchise,
Free/Complimentary Cable Service to City, Police, Fire, Libraries and Schools, Joint Trenching,
Competitive Equity, Audits, Financial Records, Tax Liability, Indemnification, Insurance, Letter of
Credit and Bond, Local Customer Service Office, Open Records, Customer Service Standards and
issues, Government Video on Demand, SD Issues, High Definition, Signal Quality of PEG Channels,
Location of PEG Channels, Return Connectivity, Changes in Technology, Right-of-Way Standards
(including consistency with the Bremerton Municipal Code, as applicable), Construction, Excavation,
Burying Drops, Undergrounding, Inspection of Construction, Timeframe for Service Extensions and
Service Availability, Emergency Alert System, Default Standards, Transfer of Ownership, Venue, and
Governing Laws. This list is not exclusive.
E. Undertake a review of the Comcast Franchise to initially identify items for inclusion in a Compliance
review of Comcast.
F. Continue to review and take into account the 1984 and 1992 Cable Acts, Telecommunications Act of
1996, FCC Orders (including the Third Cable Franchise Order of August 2019) and FCC Regulations
and Washington Law in connection with the above.
G. Continue to discuss with the City possible opportunities to expand Fiber Connectivity in the context of
the Cable Renewal Process.
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H. At this time, the City is not undertaking a Financial Franchise Fee Review of payments made for
Franchise Fees and PEG Fees during the past 8 years.
I. The City is not undertaking a Technical Review of the Comcast Cable System.
Task 4.1 Deliverables:
Franchise Renewal Negotiation Plan Outline
Preliminary Franchise Renewal Plan for Telecommunication Broadband Franchise Renewals
Provide a Basic Service Rate regional analysis
Draft Comcast Telecommunications Franchise Agreement
Franchise Agreement Negotiation plan outline
Participate in negotiation sessions with the City and
Draft and prepare red-line drafts of the Comcast Cable Franchise for review by the City and Comcast
Finalize Comcast Cable Franchise in preparation for presentation to City Council
1) Public Participation Approach - Successful firm will propose a public participation approach with
strategies to engage low/moderate income persons, minorities, persons with disabilities and non-English
speaking members of the community.
River Oaks and its Team will propose and develop strategies to reach out and include these persons. Digital
Equity is a very important part of bridging the Digital Divide. In its work, River Oaks has for over 20 years
represented in Colorado Springs, Colorado the K-12 School Districts, the Colorado School for the Deaf and
The Blind, Pikes Peak Community College, Pikes Peak Library District and the University of Colorado at
Colorado Springs. Within the K-12 communities, River Oaks has clients with 50-70% of the students who
participate in the free or reduced lunch programs.
River Oaks and its team partners will ensure that a number of demographic indicators are incorporated into
engagement strategies, such as the age of the respondent, the presence of children in the household, ethnicity,
education levels and gender. These items are important for making sure that public outreach is made to key
audiences, while also representing a broad cross-section of the public.
We will develop outreach connections to geographically targeted areas of interest. Our online survey will be
available in both English and Spanish.
Outreach for Under-represented and difficult-to-reach audiences, such as minority groups, seniors, and young
people will be targeted through a variety of techniques, as the survey data comes in to ensure that these hard-
to-reach communities of interest are able to participate.
Additionally, we are committed to making electronic and information technologies accessible to individuals
with disabilities by meeting or exceeding the requirements of Section 508 of the Rehabilitation Act.
We require business partners (subcontractors) to ensure all electronic information and communication
technology (ICT) systems, applications, web content, reports, and deliverables be accessible to people with
disabilities (per Accessibility Requirements (Section 508) and best practices).
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River Oaks also ensures that all electronic documents, such as ongoing status reports, and invoicing, are
accessible. While the accessibility of a specific format may influence the accessibility of specific document
types, CBG utilizes the IT Accessibility Standards as outlined in Section 508 of the Rehabilitation Act of 1973
as amended (29 U.S.C. §794d) and the Revised 508 Standards.
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REVISED EXHIBIT B
DELIVERABLES AND TIMELINE
Task 1 Project Management (October - November 2021)
Task 1.5 Deliverables:
Project management plan (October/November 2021)
Project Kick-off meeting materials (October/November 2021)
Compilation PMT meeting agendas and notes (October/November 2021)
Monthly invoices and progress reports (first week of each month, starting November 2021)
Task 2 Community Engagement (November 2021 – January 2023)
Task 2.9 Deliverables:
One Draft Community Engagement Plan Technical Memorandum (November/December 2021)
One Final Community Engagement Plan Technical Memorandum (November/December 2021)
Online survey (January 2022 development; February-March 2022 implementation)
Draft Public Information Survey results report (April/May 2022)
Final Public Information Survey results report (May/June 2022)
Targeted Needs Assessment materials (January 2022 development; February–May 2022
implementation)
Virtual meeting presentation materials and documented public comments (June 2022 development;
July/August 2022 implementation)
Folio of all public comments and responses (September/October 2022)
City Council Briefings (August-October 2022)
Draft Community Engagement Summary Report (November/December 2022)
Final Community Engagement Summary Report (December 2022/January 2023)
Task 3 Data Collection (November 2021 - December 2022)
Task 3.1 Deliverables:
Electronic data files (at end of project)
MA Memorandum
Task 4 Franchise Renewal Negotiation Plan (November 2021 - June 2024)
Task 4.1 Deliverables:
Franchise Renewal Negotiation Plan Outline (November 2021-March 2022)
Preliminary Franchise Renewal Plan for Telecommunication Broadband Franchise Renewals
(November 2021-June 2022)
Provide a Basic Service Rate regional analysis (February 2022-May 2022)
Draft Comcast Telecommunications Franchise Agreement (May 2022-August 2022)
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Franchise Agreement Negotiation plan outline (August 2022-October 2022)
Participate in negotiation sessions with the City and Comcast as requested by the City (October 2022-
June 2024)
Draft and prepare red-line drafts of the Comcast Cable Franchise for review by the City and Comcast
(October 2022-June 2024)
Finalize Comcast Cable Franchise in preparation for presentation to City Council (April 2023 – June
2024)
The City and Consultant recognize that the timeframes with respect to the Franchise Renewal negotiations,
preparation of red-line drafts and finalization of the Comcast Cable Franchise will be subject to the cooperation
and responsiveness of Comcast. While there are aspects of the Comcast Cable Franchise that can move forward,
there will be certain terms and conditions that will need to be negotiated after the gathering of the data and the
development and finalization of the Needs Ascertainment Report and its review by Comcast. Thus, it is
recognized that Consultant cannot control some of the timeframes in Task 4 which will be dependent upon
Comcast.
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