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HomeMy Public PortalAbout10) 7.F. Second Amend. with Community Media of the FoothillsAGENDA ITEM 75 DATE: June 18, 2013 MANAGEMENT SERVICES DEPARTMENT MEMORANDUM TO: Honorable City Council FROM: Jose E. Pulido, City Manager By: Peggy Kuo, City Clerk SUBJECT: SECOND AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH COMMUNITY MEDIA OF THE FOOTHILLS TO VIDEO RECORD AND BROADCAST CITY COUNCIL MEETINGS TO THE COMMUNITY RECOMMENDATION: The City Council is requested to: a) Approve the Second Amendment to the Consultant Services Agreement (Attachment "A") with Community Media of the Foothill (CMF) to video record City Council meetings for live and delayed broadcast to the community; and b) Authorize the City Manager to sign the second amendment. BACKGROUND: 1. On March 17, 2009, City Council directed staff to investigate and provide information to the City Council about televising and/or webcasting City Council and Commission meetings. 2. On May 5, 2009, City Council awarded a Consultant Services Agreement to Community Media of the Foothills for a term of one year after staff solicited quotes from three vendors. 3. On June 29, 2010, City Council approved renewal of Consultant Services Agreement with Community Media of the Foothills for a term of three years with option to renew upon mutual agreement of the parties, in writing, for additional periods of three years. This three year agreement will expire June 30, 2013. City Council June 18, 2013 Page 2 of 3 4. On September 7, 2010, City Council adopted Ordinance No. 10-937 amending the purchasing system for any expenditure of goods, services or professional service agreements exceeding $25,000 (for the term of the agreement) to be submitted to City Council for approval. 5. On September 7, 2010, City Council approved an amendment to the CMF agreement. The live online coverage fee of up to $200 per month was changed to a flat fee of $200 per month and an increase of $11.40 to the $600 recording service fee per meeting as allowed by the terms of the agreement (per meeting rate may increase each year by the lesser of three percent of the CPI for the Los Angeles -Riverside -Orange County areas each year for the duration of the agreement). 6. On April 16, 2013, staff received in writing a breakdown of costs to extend the Consultant Services Agreement for another three years (Attachment "B"). 7. On June 4, 2013, City Council approved the Fiscal Year (FY) 2013-14 City Budget, which included sufficient funds to video record City Council meetings for live and delayed broadcast to the community. ANALYSIS: In line with City Council's initiative to promote Citizen Education/Communication, City Council approved a Consultant Services Agreement for video recording and online streaming services on June 29, 2010 with Community Media of the Foothills (CMF). The Consultant Services Agreement included video recording services for both regular and special City Council meetings for a term of three years with the option to extend by mutual agreement of the parties, in writing, for an additional period of three years. For the past four years, CMF has provided video recording services for $611.40 per meeting, online streaming services for $200 per month, and no charge for using their equipment (list of equipment Attachment "C"). CMF temporally provides the equipment needed to video record the meetings until the City provides a more permanent solution. However, to this date, the City is still relying on CMF's equipment for videotaping the meetings. Staff received a letter from Community Media of the Foothill in April 2013, which included a breakdown of costs for renewing the video recording service. The labor cost to video record the meeting increased slightly from $611.40 to $850 per meeting and live online video streaming service increased from a $200 flat fee to up to $350 per month. The video recording service fee slightly increased to compensate CMF for use of their equipment and the time it takes to set up and tear down the equipment (i.e., one hour before and one hour after the meeting). However, CMF has offered to reduce the City Council June 18, 2013 Page 3 of 3 video recording service fee of $850 to $611 per month until such time that the City no longer needs CMF to provide the equipment necessary to video record. Based on Council's initiative to promote Citizen Education and Communication, it is staff's assessment that CMF consistently met expectations for the delivery of their video recording and online streaming services. CMF is a local non-profit organization located in Monrovia. They have provided reliable recording service to Temple City for the last four years. Additionally, CMF is responsive to staff and residents (e.g., resident switched from cable to u -verse and could not figure out why they can no longer watch City Council's meeting video, CMF called resident back and assisted the resident through the process). They are cognizant of the City's needs and make themselves available for all special and community outreach meetings even on a short notice. CONCLUSION: City Council is requested to approve the second amendment to CMF's agreement as the total amount for the renewal of the agreement over the next year will not exceed $25,000 and authorize the City Manager to sign the amendment. Approval of the second amendment will ensure no interruption in providing City Council meeting video recording or live on-line streaming services. FISCAL IMPACT: On June 4, 2013, the City Council approved the FY 2013-14 City Budget which included a $33,000 appropriation for these services. ATTACHMENTS: A. Second Amendment to Community of the Foothill Agreement B. Service Proposal Letter from CMF C. List of Equipment provided by CMF ATTACHMENT A SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT by and between THE CITY OF TEMPLE CITY COMMUNITY MEDIA OF THE FOOTHILLS Dated July 1, 2013 LA #4813-3487-9751 A SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND COMMUNITY MEDIA OF THE FOOTHILLS This Second Amendment to Agreement For Consultant Services ("Second Amendment"), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a municipal corporation ("City") and COMMUNITY MEDIA OF THE FOOTHILLS, a California nonprofit corporation ("Consultant"), as follows: RECITALS A. City and Consultant entered into an Agreement For Consultant Services Between The City of Temple City, California and Community Media of the Foothills, on June 29, 2010 ("Agreement"). B. City and Consultant now desire to amend the Agreement. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. The Agreement is hereby modified and amended as follows: SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit "B" "Compensation" and made a part of this Agreement. The total compensation, including reimbursement for actual expenses, shall not exceed Twenty Four Thousand Six Hundred dollars ($24,600.00) per year, unless additional compensation is approved in writing by the City Council or City Manager. Exhibit "A". SCOPE OF SERVICES. Exhibit "A" to the Agreement is amended and shall read as follows: A. TELECAST OF CITY MEETINGS. Provide staff and production support to telecast at city's discretion any and all regular and special, non -study session City Council meetings, Parks and Recreation meetings and Planning Commission meetings throughout the year with a minimum of two (2) meetings each month being telecast. Additions to the minimum meeting coverage will be requested by the City and agreed to on a case by case basis between Consultant the City. All meetings will be taped and available for broadcast within 48 hours. At such time the City has the infrastructure in place to broadcast meetings live, Consultant will do this, with additional showings available after 48 hours. Consultant will encode and index City Council meetings for use on the web. Currently an outside service hosts and serves the content to the web without charge to Consultant or the City. Should this hosting become discontinued or starts to charge for the service, Consultant will work with the City on viable options to replace it, LA#4813-3487-9751 v1 -I- however, neither Party is under any obligation to incur any additional costs in order to replace it. Providing that the City provides the means for access, Consultant will also provide a live online broadcast of City Council meetings. Currently an outside service will be used to provide live (ad free) online coverage for a fee of up to $350.00 per month. Additional viewer hours (301 to 2000 hours) could be made available to City, upon request, for an additional flat fee of $350 per month. These charges will be added to Consultant's monthly bill to the City as a direct pass through charge (at Consultant's actual costs without any additional fees). This service will be without ads. If the City would like free live online coverage, this can be provided with the same terms as above, however the live online coverage would feature some commercial advertising. Exhibit `B". COMPENSATION. Exhibit `B" to the Agreement is amended and shall read as follows: City agrees to pay Consultant a minimum of seventeen hundred ($1,700.00) per month, based on two (2) City Council meetings per month at Eight Hundred Fifty dollars ($850.00) per meeting. If the City Council is not meeting for any reason, the Consultant will credit the City with an amount based on the per meeting rate, which may be used by the City for other Consultant services. This credit will not be deducted from the City's billings, but kept on the books as a credit to the City for up to twenty-four (24) months. At the termination of this Agreement, any unused credit will have no monetary value. The per meeting rate of $850.00 may increase each year by the lesser of three percent (3%) or the CPI for the Los Angeles -Riverside -Orange County areas each year (the February prior to the February of the extension request year) for the duration of this Agreement. The $1,700.00 per month will cover two (2) meetings of the City's choice monthly. Additional meetings or events beyond the minimum will be covered at the City's' request and by mutual agreement between the City and Consultant at $850.00 per meeting or event assuming a comparable amount of time and labor is required. Additional fees will be mutually agreed upon on an event by event basis if extra staff or equipment is required beyond what is typically needed for coverage. PSA coverage shall range from $250.00 for a 30 second spot shot in studio to $600.00 for a five minute spot shot on location and any PSAs will be done at the City's discretion. If the City installs a local/remote controllable camera system in the City Council Chambers of a quality and technology comparable to that needed by Consultant, the cost of covering each meeting will be set at $611.00 per meeting instead of $850.00 per meeting and the monthly payment shall be $1,222.00. 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. 2.2 Integration. This First Amendment consists of pages 1 through 3 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all LA #4813-3487-9751 v1 -2- negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. 2.3 Effective Date. This Second Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Consultant. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment. 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. CITY OF TEMPLE CITY Un ATTEST: Peggy Kuo City Clerk APPROVED AS TO FORM By: Eric Vail City Attorney COMMUNITY MEDIA OF THE FOOTHILLS LA #4813-3487-9751 vl -3- Jose Pulido City Manager Its: Its: NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. LA 44813-3487-9751 V1 -4- Community Media of the Foothills A non-profit 501c3 Box 227, Monrovia CA 91017 626.357-4974 _ Peggy Kuo City Clerk, City of Temple City April 16, 2013 Visit the KGEM.TV studio: 847 E. Olive, Monrovia CA www.KGEM.ty Video Services Contract Renewal and Possible Unerades To Services Hello Peggy, CHMENT B Board of Directors: Bob Melisso Choly Dave Gaw Oce Chan Scott Austin Treo urer Rena Delgado Secretary Ward Calaway John Johnson Torn Reale Ameer J. Alahee Here is a breakdown of costs for a new contract agreement when the existing agreement is up in June. In addition to a few pricing changes that are dependent upon how meetings are ultimately produced, I have taken the liberty of including a few other optional upgrades to the contract that could really take Temple City TV to another level. Video Streamine Services — The cost of live online video streaming will rise slightly with the new agreement because of changes to the services available to perform live streaming. The price will go from $200 monthly as currently in the agreement to $350 monthly. In Chambers Camera Purchase versus Continued CMF Camera Rental: Assuming we can get in a local/remote controllable camera system installed in chambers on the city's side, as has been discussed since the beginning of our agreement four years ago, we can keep the labor cost of covering each meeting the same around $611 per meeting, taking into account the existing parameters of the agreement. I am double checking current availabilities for equipment and changes in cost since the last time this has been brought up, but we still estimate somewhere around $50,000 in audio and video equipment purchases on the city's part. I will have a definitive list to you on that front shortly. The cost for the equipment is made much cheaper because we have a uniquely built system in which the cameras will be controllable from any computer and not require a complex operating booth to be built on site. In the past agreement we have not charged any rental fees for equipment used to produce the meetings, only charging labor. This was something we worked out with staff at the inception of the agreement with the anticipation that a more permanent solution would ultimately be found. The price per meeting coverage will go up to $900 per meeting, taking into account our equipment fees, as we'd talked about before, assuming we can get some basic permanent fixtures in place like some cabling attractively hidden against the walls so that we don't have to spend the time wiring for each meeting. t. is r;:C;ib ;:: q, nj C,v I,m V:"aV Af 'a:D o: iF+r, tOr:f ;'liic ..a O✓P,note o,ii. rry arrl c'i(rC:S='O p I,,,.rdo... of ;uecU. r:.:d %"wCA"tr rhro,,.;h c r o,� v:utmmmt: rrcaia. If we can't get cabling in a more semi-permanent position and we are still bringing in all cabling long term, then the cost per meeting would be the same as we charge for multi -cam switched shoots outside of chambers, which is $1200 per event or meeting. Channel Plavout Server: Another important purchase I recommend for the city to make beyond putting cameras in chambers is a "Channel Playout Server" that will give the city the ability to live broadcast meetings to cable, as well as to pre-program content, such as emergency broadcast Public Service Announcements, city events and pre -produced educational and government content. CMF has an archive of curated content that can allow Temple City to have a ready made government and educational channel ASAP. This server will also save City of Temple City staff time because you will not have to program each show via dvd and we can control the operations of the server from our studio. The cost for a server system for playout is estimated at $12,000. To upload material and program times on the city's channel on a regular basis, give the city access to CMF produced content, as well as to oversee requests for channel sponsorships that may allow for a wider range of Temple City -centric programming, we estimate the cost for our labor at $8,000. Additional Production for Temple Citv TV: Putting more local Temple City content on air increases community participation overall. This package includes: * 4 single camera city events (ie. community spotlights, festivals, concerts) * 2 multi -cam larger scale city events (ie. parades, communityforums, etc.) * 6 public service announcements (featuring city staff, city council, city services) CMF annual production package: $16,800. Meetings Package Pricing versus ala carte meetings pricing: The city currently averages 30 city meetings annually at 611.40 ala carte pricing per meeting. We propose amending our agreement to be a package rate of 30 meetings at $600 per meeting or 48 meetings at $500 per meeting. (assuming a permanent remote camera solution). Agenda Services: We can create a "clickable" online agenda like what Granicus offers that will make the video of each meeting searchable by agenda item. Granicus charges $20,00 for this. CMF can create a list by agenda item for each meeting that when clicked upon takes the viewer online to that specific agenda item in the meeting. Agenda Services CMF Pricing: $6,000 annually. We have greatly enjoyed our relationship with City of Temple City and we look forward to continuing our partnership with the city in the future. Best, Lance Mungia Executive Director Community Media of the Foothills/KGEM 626.357.4974 ATTACHMENT C BELOW ARE THE REQUIREMENTS FOR FILMING MEETINGS IN TEMPLE CITY AND POSTING THEM. Reauired for Meetina Media Services: • A portable MS900, self contained production command center with 180 Gig hard drive, communications module, multi camera switcher, built in preview monitor to preview 6 cameras simultaneously with live play out capabilities. • A portable intercom system so director can talk to camera operator. • 4 Sony 3CCD cameras with 20x zoom and tripod systems to cover both sides of council, public comment and presentations. • 4 industry standard fluid head carbon tripods Black Magic SD/HD/Live Streaming converter Connectors for configuring City Hall Internet cabling for live internet broadcast stream Secure, high bandwidth online streaming service Live CG titler and text overlay system High speed Ethernet card for "LIVE" broadcast over the internet. • 16 Channel Audio Mixing board • Quad core Intel7 high performance computer for "LIVE" agenda graphics • 500 feet of High grade video and audio cable Equipment transport vehicle • Last but not least, a dedicated crew who show up on time, do a full set up from scratch and are "good to go at gavel".: I 1 live meeting director ➢ 1 or 2 camera operators (depending upon meeting needs) Post production needs: • Basic video editorial of meeting/ audio sweetening Encoding of meeting for cable channel playback Metadata entry Additional text and graphic overlays as needed • Uploading to secure online archival for website playback DVD creation for city clerk, archival and library use