HomeMy Public PortalAboutAgreement_2009-05-19_Community Media of the FoothillsAGREEMENT
BETWEEN THE CITY OF TEMPLE CITY
and
COMMUNITY MEDIA OF THE FOOTHILLS
AGREEMENT
This Agreement (hereafter the "Agreement") is made this _l.9_ day of May
and between Temple City, a municipal corporation ("City") and Community Media of the
California nonprofit corporation ("CMF"), who agree as follows:
RECITALS
, 2009, by
Foothills, a
1. The City has granted to Charter Cable a non-exclusive franchise to operate a cable television
system, and an open video system in the City.
2. CMF having been formed as a 501 (C)(3) non-profit entity, providing professional video production
services and cable television access services to the cities of Sierra Madre and Monrovia.
3. The City desires to engage CMF to provide professional video production services, for any and all
City sponsored or co-sponsored events, including City Commission meetings. Charter franchises provide
that certain television channel capacity be provided for public, educational, and government access.
4. CMF has on staff knowledgeable and trained employees that can provide professional video
production services to Temple City.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties
agree as follows:
Section 1. Scope of Services. In exchange for the funding provided by the City to CMF, pursuant to this
Agreement, CMF shall provide the following services:
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 (2) meetings monthly being
covered. Additions to the minimum meeting coverage will be requested by the City and agreed to on a
case by case basis between CMF and 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 CMF will
do this, with additional showings available after 48 hours. CMF 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 CMF or the City. Should this hosting become discontinued or starts to charge for the
service, CMF will work with the City on viable options to replace it, however, neither party is under any
obligat'ton to incur any additional costs in order to replace it. Providing that the city provides the means for
access, CMF 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 $200.00 per month. These
charges will be added to CMF's monthly bill to the City as a direct pass through charge (at CFM's actual
cost 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 advert'rs·rng.
B. Record and Produce City Soecial Events. Provide camera operator(s) and production support for City
sponsored and co-sponsored special events. Such programs shall be at the City's request upon
reasonable notice complying with CMF rules and regulations and subject to CMF prior commitments.
C. Public Service Announcements (PSAs) and Programs Produced for Government Access. Provide
CMF-produced programs for various departments within the City. Programs shall be at the City's request
upon reasonable notice complying with CMF rules and regulations and subject to CMF prior
commitments. PSA's shall each be limited to no more than ten (1 0) minutes in length.
Community Media of the Foothills-City of Temple City Agreement
May 5, 2009
Page 5 of 6
B. The City shall pay the total amount due monthly. An invoice with a tally of monthly meeting and event
coverage will be turned over to the city by CMF by the last Friday of each month to be paid by the last Friday
of the following month.
C. If the Agreement is terminated before expiration of its term, the City shall not be obligated to make any
payments for those months in which services are not provided by CMF. For example, if the Agreement is
terminated effective the end of February, the City shall not be obligated to make payments for the months
after February.
Section 11. Funding From Other Sources. CMF may, during the course of this Agreement, receive
supplemental funds from other sources, including, but not limited to fund-raising activities for the support of
activi!'ies and services related to th'1s contract or for additional services not spec'1fically defined herein.
Section 12. Term of Agreement. This Agreement shall be for a period of one (1) year commencing on July
1, 2009, and ending on June 30, 2010, unless terminated earlier, as provided in this Agreement. This
Agreement may be extended, by mutual agreement of the City and CMF, in writing, for additional periods of
three (3) years, each in accordance with Section 14 of this Agreement.
Section 13. Termination of Agreement: Transfer of Assets.
A. The City or CMF may terminate this Agreement at any time after the expiration of its term or any
extension thereof, with or without cause, upon 30 days written notice to CMF. The City or CMF may
terminate this Agreement during its term for good cause. Good cause for termination before expiration of
the term includes, but is not limited to, the adoption of legislation or regulations that would restrict or
inhibit the current allowable level of PEG services or programming by the City and/or restrict or inhibit the
City's mechanism, e.g., through franchise fees, to fund the PEG services or programming.
Section 14. Extension of Agreement. This Agreement may be renewed or extended for additional three-
year terms pursuant to the following process:
A. CMF may seek an extension of this Agreement by submitting on or before March 31 of the year it is
otherwise set for termination, a letter of intent requesting extension.
B. On or before April 30, the City shall respond in writing to CMF's letter of intent to request extension,
setting forth its decision.
Section 15. Time. Time is of the essence in this Agreement and for the performance of all covenants and
conditions of this Agreement.
Section 16. Cooperation. Each party agrees to execute all documents and do all things necessary and
appropriate to carry out the provisions of this Agreement.
Section 17. Applicable Law. This Agreement shall be interpreted and enforced under the laws of the State
of California.
Section 18. Notices. All notices and other communications to be given by either party shall be in writing,
depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as
follows:
To CMF: Lance Mungia, Executive Director
P.O. Box 227,
Monrovia, CA 91017