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HomeMy Public PortalAbout7FAGENDA Tem.le MEMORANDUM ITEM 7.F. Staff Report TO: THE HONORABLE CITY COUNCIL FROM: JOSE E. PULIDO. CITY MANAGER BY: PEGGY KUO, DEPUTY CITY CLERK DATE: SEPTEMBER 7, 2010 SUBJECT: FIRST AMENDMENT TO RENEWAL SERVICE AGREEMENT WITH COMMUNITY MEDIA OF THE FOOTHILLS TO VIDEO RECORD CITY COUNCIL MEETINGS FOR TELEVISING TO THE COMMUNITY SUMMARY The City Council is requested to consider approval of the First Amendment to the service agreement with Community Media of the Foothills (CMF) which makes minor language and fee modifications to their recently approved agreement to video record City Council meetings for live and delayed broadcast to the community. BACKGROUND On June 29, 2010, the City Council approved a service agreement with Community Media of the Foothills (CMF) for video recording services of City Council meetings for a term of three years on a month to month basis for a cost of up to $1,400 per month ($16,800 annually). ANALYSIS Subsequent to City Council approval of this service agreement, the City Clerk's Office received a request from Community Media of the Foothills requesting some minor language and fee changes to this agreement. The requested changes, listed below, were discussed with the City Attorney and subsequently approved subject to City Council approval of an amendment to the Community Media of the Foothills agreement. 1. Section 10: Funding: it states that "The per meeting rate of $600.00may increase each year by the lesser of three percent or the CPI for the Los Angeles area each year... for the duration of the agreement." This being CMF's second year, compensation should be funded at $611.40 per meeting instead of $600, consistent with a 1.9% CPI increase for 2010. 2. Exhibit A: Scope of Services: "Currently an outside service will be used to provide live online coverage for a fee of up to $200.00 per month, These charges will be added to the monthly bill as a direct pass through charge at actual costs without additional fees. This service should be a $200.00 flat fee for labor and the actual online live stream of meetings service per month. This will allow for up to 300 viewer hours monthly. City Council September 7; 2010 Page 2 301 to 2,000 viewer hours monthly would require more server space and the cost to the city would be $350 per month. The City would be notified ahead of time if there was any change in service and given the opportunity to move forward or not. Currently the City is averaging less than 100 viewer hours. 3. Exhibit A: Scope of Services: Current language states "If the City would like free live online coverage, this can be provided with the same terms as above, however the live coverage would feature some commercial advertising." CMF cannot guarantee that there would be a free version of the live stream available even with ads, they would like the above sentence regarding free service with ads to be stricken. Due to the 2010 CPI of 1.9 %, the cost of videotaping per meeting will be increased by $11.40. Instead of $600.00 per meeting, the new cost will be $611.40. Also, to provide live online coverage, it will be a flat $200.00 per month instead of up to $200.00 per month. Approval of the first amendment to the Community Media of the agreement will allow CMF to continue videotaping the City Council meetings. FISCAL IMPACT As part of the Fiscal Year (FY) 2010-11 City Budget, the Council approved an appropriation of $16,800.00 to film the City Council meetings, hence, this agenda item has a fiscal impact on the current year's adopted budget document and a budget amendment is needed. An additional $300 from Account 01--910-41-4231 is required to cover the increase cost of filming City Council meetings, this change will be reflected in the City's Fiscal Year (FY) 2010-11 Mid -Year Budget. RECOMMENDATION That the City Council approves the First Amendment to the service agreement with Community Media of the Foothills which makes minor language and fee modifications to their recently approved service agreement to video record City Council meetings for live and delayed broadcast to the community. ATTACHMENT 1. First Amendment to Community Media of the Foothills Agreement ATTACHMENT "1" FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT by and between THE CITY OF TEMPLE CITY and COMMUNITY MEDIA OF THE FOOTHILLS Dated , 2010 L_ �;>4'813-3187A751 vi FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE my OF TEMPLE C,`I'TV, CALIFORNIA ANI) COMMUNITY MEDIA OF THE F0C)THILL' This First Amendment to Agreement For Consultant Services ("First 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 0F'! THE FOOTHILLS, a California nonprofit corporation ("Consultant"), as fellows: 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 , 20 (`'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 One Thousand dollars ($21,000.00) 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 -='1:813-3457-975 v1 -1- 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 flat fee for up to 300 viewer hours monthly for $200.00 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 beadded 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. Exhibit "B". COMPENSATION. Exhibit "B" to the Agreement is amended and shall read as follows: City agrees to pay Consultant a minimum of One Thousand Two Hundred and Twenty - Two dollars and 80/100 ($1,222.80) per month, based on two (2) City Council meetings per month at Six Hundred Eleven dollars and 40/100 (S611.40) 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 $611.40 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 $1,222.80 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 5611.40 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. 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Exeept 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 negotiations or previous ag.reentents between the parties with respect to all or any part of the, transaction discussed in this First Amendment. 2.3 Effective Date. This First Amendment shall not become effective until the date it has been fbrmally approved by the City Council and executed by the appropriate authorities of the City and Consultant. LA #4813-3487-9751 v1 -2- 2.4 Applicable Law, The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 2.5 References. All references to the Agreement include all ;their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. CITY OF T :MPLE CI'T'Y By: Jose Pulido City Manager A'1' I'ES'f: Mary 1 landr rek City Clerk APPROVED AS T() FORM 13y: Eric Vail City Attorney COMMUNITY MEDIA OF THE FOOTHILLS By: �._ By: Its: Its: NOTE: CONSULTANTS SIGNATURES SHAI.J, I3E DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS 51A`I'IONS Sl-IAI..1.. B1", INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, AR 11( 1,1 S OF INCORPORATION, OR 01111 R RULES OR REGULATIONS APPF,ICABII TO DEVELOPER'S R'S BUSINESS ENTITY. LA f -51a-34$7-,1751 1 -3-