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HomeMy Public PortalAbout07) 7B Approval of 3rd Amendment to Community Media of the Foothills Video Record and Broadcast CC MeetingMANAGEMENT SERVICES DEPARTMENT DATE: April21, 2015 TO: Honorable City Council FROM: Bryan Cook , City Manager By : Peggy Kuo , City Clerk MEMORANDUM AGENDA ITEM 7.8. SUBJECT: APPROVAL OF A THIRD 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 Third Amendment to the Consultant Services Agreement (Attachment "A") with Community Media of the Footh ills (CMF) to video record City Council meetings for live and delayed broadcast to the community (i .e ., $24,000 .00); b) Approve a Consultant Services Agreement with Community Media of the Foothills to provide programming services for the City's cable channel (i.e ., $8,000 .00); and c) Authorize the City Manage r to sign the amendment and agreements. BACKGROUND: 1. 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, for additional periods of three years . This three year agreement ex pired June 30 , 2013 . 2 . On September 7, 2010 , City Council approved an amendment to the CMF agreement including live online coverage flat fee of $200 .00 per month and $600 .00 recording service fee per meeting . City Council April 21 , 2015 Page 2 of 3 3. On April 16, 2013, staff received in writing from CMF a breakdown of costs to extend the Consultant Services Agreement for another three years. 4 . 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. 5 . On June 18 , 2013 , City Council approved the second amendment to CMF's agreement for FY 2013-14 and authorized the City Manager to sign the amendment. 6 . On June 3 , 2014 , City Council approved the FY 2014-15 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 Strategic goal to promote Citizen Education/Communication , City Council approved a Consultant Services Agreement for video recording and online streaming services with 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 . CMF currently provides video recording services for $611.40 per meeting with online streaming services for $350 .00 per month. In 2014 , CMF also began providing programming services updating the announcement slides and scheduling of the videos play out on the City's cable channel for $666 .66 per month . CMF has been providing maintenance and support services for the Council Chamber's newly installed audio and video equipment at no additional charge . Staff received a proposal letter from Community Media of the Foothills in April 2015, with the breakdown of costs for renewing the video and recording services, on-line streaming and channel programming services . The proposal included an increase of $18 .60 in labor costs to record the meetings (i.e., $611.40 per meeting to $630 .00 per meeting) as allowed by the terms of the agreement. The online video streaming service fee (i.e ., $350 .00 flat fee per month) and the fee to continue to programing the City's cable channel slides and video play out (i .e ., $666.66) remains unchanged . CMF is proposing a per hour rate of $35 .00 to provide maintenance and support services to the City's audio and video equipment at an as needed basis . CMF is a local non-profit organization located in Monrovia . They have provided reliable recording service to Temple City for the last five years. Additionally, CMF is responsive City Council April 21 , 2015 Page 3 of 3 to staff and cognizant of the City 's needs . They make themselves available for all special and community outreach meetings even on a short notice . CONCLUSION: As a result of CMF's continued satisfactory services , and the initial Consulting Services Agreement included three , one year extensions after the initial three year term , it is recommended the City Council approve the third , one year extension with CMF to provide videotaping of city meetings, stream the meeting live on the web , and programming service for the City 's cable channel for the period of June 30 , 2015 to June 30, 2016 . Approval of the third amendment will ensure no interruption of services. The City will request proposals for video recording , online streaming and cable channel programming services for the FY 2016-17, in the spring of 2016 . FISCAL IMPACT: Sufficient funds to cover the proposed costs will be recommended as part of the FY 2015 -16 City Budget. ATTACHMENTS: A. Third Second Amendment to Community Media of the Foothill Agreement B. Service Proposal Letter from CMF ATTACHMENT A THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT by and between THE CITY OF TEMPLE CITY a nd COMMUNITY MEDIA OF THE FOOTHILLS Dated April 2 1, 2015 LA #48 13-3487-975 1 v i THIRD AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND COMMUNITY MEDIA OF THE FOOTHILLS T hi s Third A m e ndmen t t o Agreem e nt For Co n s u ltant Services ("Third Amendment "), which is da te d fo r reference as indicated on th e cove r page, is he re by e nte red int o by and betwee n the C ITY OF TEMPLE C ITY, a muni c ip a l corp o ra ti o n ("City") a nd COMMUNITY M EDIA OF THE FOOTHILLS , a Ca lifornia nonpr ofi t corpora ti o n ("Cons ulta nt"), as fo ll ows : RECITALS A. C ity and Co n su lt a nt e nt e red into a n Agreement for Cons ultant Se rv ic es between The C ity of Templ e C ity , California a nd Community Media of th e Footh i ll s , on June 29, 20 10 ("Agreement"). B. C ity and Consu lta nt now des ire to a mend th e Agreement. OPERATIVE PROV ISIONS N OW, THE REFORE, in co ns id e ra t io n of th e p romises m ad e a nd reci t ed he re in , the parties do here by e nter into thi s F irs t Amendment w h ic h m o d ifi es and a mends th e Agreem ent as fo ll ows: 1. AMENDMENT. The Agreeme nt is he re by mo difi ed a nd a me nd ed as fo!Jow s: SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a) Subj ect to any limitations se t f01ih in thi s Agree me nt, C i ty agrees to pay Co ns u ltant th e amounts s p ecifi ed in Ex hi b it "B " "Co mpe nsation" and m ade a p art of thi s Agree ment. The tota l compensation , including re imburse me nt for actu a l ex p e nses, s ha ll n ot exceed Thirty T wo T ho usa nd do ll a rs ($32,000 .00 ) per year , unl ess additio na l compensat ion is approved in writing by the C it y Counci l o r C ity M a nager. Ex hibit "A". SCOPE OF SERVICES . Exhibit "A" to the Agr eem ent is am e nded a nd sh a ll read as fo ll ows : A . TELECAST O F CITY MEETINGS. P rovid e s taff and production support to t e lecast at city's d iscret io n an y and a ll regular and sp eci a l, no n-s tudy sess io n C it y Counc il meetings, P arks and Recreation m eet ings a nd Pla nnin g Commi ssio n meetin gs throu g ho ut the year wi th a m in imum o f t wo (2) m eetings each m onth be in g te lecast. Addit io ns to the minimum meeting coverage w ill be re qu ested by the City a nd agreed to on a case by case basis between Co nsultan t the C ity. A ll meetings wi ll be t aped and ava il a bl e for broadcast w ithin 48 hours. At s uc h tim e the C ity has the infrastru cture in p lace to broad cast m eetings live, Con s u lt ant wi ll do thi s, w ith add iti ona l s howin gs availab le after 48 ho urs. Con s ultant wi ll e ncode a nd ind ex C ity C ouncil meetin gs fo r use on the web . Co n s ult ant wi ll a lso pro v ide a live on line broadcast of C ity Council meet in gs. Currently an out s ide serv ice will be used to prov id e li ve (ad free) o nlin e coverage for a fee of up to $35 0.00 pe r m onth. Add iti onal viewer ho ur s (30 1 to 2000 LA #48 13-34 87-975 1 v I -1- hours) co uld be made avail able to C ity, upo n req ues t, for a n additional fl a t fee of $35 0 per month . These c ha rges w ill be added t o Consult ant's m onthly bi ll to th e C ity as a d irect pass throu g h c h arge (at Cons u ltant 's act ua l costs w ithout any additio na l fee s). This service w ill be witho ut ad s. If the C ity wou ld li ke free li ve o nline coverage, thi s can be provided with th e same term s as a bove, however the live online cove rage wo ul d feature some commercial advertis ing. B. PROGRAMMING OF MESSAGE SLIDES AND CITY MEETINGS ONTO CITY'S CABLE CHANNEL. Cons u ltan t is to upload n ew message s lides o nto the C ity 's ca ble ch annel twice a month as specified by the C ity and u pload any pub lic serv ice announcements at the requ est of the C ity . Exhibit "B". COMPENSATION . Ex hibit "B" to the Agreem e nt is amended and s hall r ead as fo ll ows: C ity agrees to pay Cons ultant a min imum of One Tho usand Two Hundred and Sixty D o ll ars ($1 ,260 .00) p e r mon th, based o n two (2) C ity Counc il meetin gs pe r month at Six Hundred and Thirty D o ll ars ($63 0.00) per meet ing. If t he C ity Counc il is not m eeting for any reaso n , th e Cons ultant w ill credit the C ity w ith a n a mount based on the per m eeting rate, which may be used by th e C ity for othe r Consultan t services. This credit w ill not be deducted from the C ity 's b illings, but kept o n th e books as a cr edit to th e Cit y fo r up to twen t y-four (24) month s . At th e termination of th is Agreement, a ny unu se d cred it w ill have no monetary va lu e. T he p e r meet in g rate of $63 0.00 may in crease each year by the le sser of t lu·ee p e rc ent (3%) o r the C PI for the Lo s Angeles-Rivers id e-Oran ge County a reas each year (the February prio r to the Feb ru ary of the ext e ns ion re qu est year) for the dura ti on of th is Agreem e nt. The $1 ,260.00 per month w i ll cover two (2) meetings of th e C ity's c h o ice monthl y. Ad diti ona l m eetings or events beyo nd the m inimum w ill be cove red at the C it y's' re quest and by mutual agreement between th e C ity and C ons ultant at $63 0.00 per m eetin g o r event assuming a co m parable am o unt of time and la bor is requi red. Add iti o na l fees w ill be mutua ll y agreed upo n on an event by event bas is if extra staff or e quipment is req ui re d beyond w ha t i s typically needed for coverage. PSA coverage s ha ll range from $250.00 for a 30 second s pot shot i n s tudio to $600.00 fo r a fiv e minute spot s hot o n location a nd a n y PSAs w ill be done a t the C it y's di scretion. C ity agr ees to pay Con s u ltant a minimum of S ix Hundred and Six ty Six Do ll a rs and S ix ty S ix Cents ($666.66) per month for pro g ramm in g a nd updating th e C ity 's cable c hannel. The $666.66 p e r m o nth w ill cover updatin g the message s lid es o nto the C ity's cab le c hanne l twice a mo nth a nd uplo ad public service a nnounce me n ts at C ity's re quest. 2 . GENERAL PROVISIONS. 2.1 R e mainder U nchan ge d . Except as specifica ll y m odifi e d a nd a mended in thi s F ir st Amendme nt , t he A greement remains in f ull fo rce a nd effect a nd binding upon th e parties. LA #48 13-3487-975 I vI -2- ,--------~~~---- 2.2 Integration. Thi s T hird Am e ndm e nt cons ist s of pages 1 throu gh 3 inc lus ive, which constitute the entire understanding and agreement of th e pa rti es and s upersedes all negotiations or previous a greements between the pa 1ii es w ith respect to a ll or a ny part of the transaction di scu ssed in thi s First Amendme nt. 2.3 Effective Date. This T hird Amendme nt s hall not become effecti ve until the date it has been fonn a ll y approve d by the City Council and executed by the appro priate a uthorities of the Ci t y and Con su ltant. 2.4 Applicable Law. T he laws of the State of Californi a sh a ll govern t he interpretation and enforce m e nt of thi s Second Amendment. 2 .5 References. All refere nces to th e Agreement in c lud e a ll the ir resp ecti ve terms and provis ions. All defined term s utili z ed in thi s Th ird Amendment have th e same m eanin g as provided in the Agreem ent , unl e ss ex press ly s tated to the co ntrary in thi s Third Amendment. IN WITNESS WHEREOF, the pa1tie s he re to have exec uted t hi s Second Amendment to t he A g reement on the date and year first written above. ATTEST: Peggy Kuo , C it y C le rk Date : _________ _ COMMUNITY MEDIA OF THE FOOTHILLS By: _____________ _ It s : ---------------------- I.A #48 13 -34 8 7-975 1 v i -3- CITY OF TEMPLE CITY B y: __________ _ Bryan Cook, City Manager APPROVED AS TO F ORM By: ____________ _ E ric Vail , C ity Attorney By : ________________________ ~ It s: , • NOTE: CONS ULTANT'S S IGNATURES SHALL BE DULY NOTARI ZED, 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 #48 13-3487-975 1 v I -4- Peggy Kuo Community Media of the Foothills A non-profit 501c3 Box 227, Monrovia CA 91017 626.357-4974 City Clerk, C ity of Temple City April 6, 2015 Visit the KG EM . TV studio: 847 E. Olive, Monrovia CA www.KGEM.tv CHMENT B Treosur~r Ren a Oelaado S«rdory Wa rdCaloway John Johnson Tom Rule Ameer J Al~hee RE: Video Taping Services Contract Renewal and Video/Audio E quipment Mainten ance Services Hello Peggy, Here is a breakdown of costs for next year's serv ice s (Ju ly 1, 20 15-June 30, 20 16) when the existing agreement is up on June 30, 20 15. Video Str eaming Services -The cost of li ve on lin e video streaming remains unchanged. The cost wi ll remain at $350 monthly. Telecast of C ity Meetings -The cost to provide staff and production support to telecast at city's discretion any and all regular and s pecia l, non-study session City Council meetings, Parks and Recreation meetings and Planning Commission meetings throughout the year with a minimum of (2) meetings monthly bei ng covered at $630 per meeting, taking int o account a 3% Consum e r Price Index (CPI) adjustment for the Los Angeles-Riverside-Orange County area . Additional meetings or events beyon d the minimum wi ll be covered at the City's request and by mutual agreement between the City and Consultant at $630.00 per meeting or event assuming a comparable amount of time and labor is requi red. Programing Content to play on City's Cable Channel -The price to upload material and program times on the city's c hannel on a regular basis, give th e city access to CMF produced content, as well as to over see reque s ts for channel s ponsors hips that may a ll ow for a wider range of Temp le City-centric programming, will remain at $8,000/year (i.e., $666.66/month). Slides for the c ity 's comm unity bu ll etin board will be provided by the city and updated every I st and T hi rd Thursday ofth e month b y CMF. Best, Lance Mungia Executi ve Director Community Media of the Foothills/KGEM 626.357.4974 ------"It is the mission of Communtty Media of thP Foothtlls to promote artistry and expression, freedom of speech and civic pride through use of community medio."