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FIRST AMENDMENT TO
CONSULTANT SERVICES AGREEMENT
by and between
THE CITY OF TEMPLE CITY
and
COMMUNITY MEDIA OF THE FOOTHILLS
Dated Tu/J~ 2'1 , 2010
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FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT
SERVICES BETWEEN THE CITY OF TEMPLE CITY,
CALIFORNIA AND COMMUNITY MEDIA OF THE FOOmiLLS
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 ("C ity") and COMMUNITY
MEDIA OF THE FOOTIDLLS, a California nonprofit corporation ("C onsultant"), as follows:
RECITALS
A . City and Consultant entered into an Agreement For Consultant Services Between The
City ofTemple 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 considemtion of the promises made and recited herein, the
parties do hereby enter into this First Amendment which modifies and amends the Agreement as
follows:
I. 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 hour~. 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,
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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 onl ine 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 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.
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 801100 ($1 ,222.80) per month, based on two (2) City Council meetings
per month at Six Hundred Eleven dollars and 40/100 ($611.40) 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 $611.40 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. 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
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 First 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.
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