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HomeMy WebLinkAbout101-Staff Report.pdf SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Amendment of Agreement with KSAR RECOMMENDED ACTION: City staff is recommending that the Council approve the Second Amendment to Community Access Cable Television Services Agreement. REPORT SUMMARY: Recently, it was brought to staff’s attention that the Community Access Cable Services Agreement (Attachment “A”) between the City of Saratoga and KSAR expired on June 30, 2011. The Agreement was amended on September 8, 2008, in order to change the Scope of Work and Payment Terms (Attachment “B”). The City Attorney has advised that it is appropriate to approve a Second Amendment in order to extend the current Agreement. At the June 14, 2011 KSAR Board meeting, the Board moved to accept the second amendment proposal. Proposed Revisions: The City is proposing the following revisions to the current Agreement, which are noted in the attached Second Amendment: TERM: The Second Amendment would extend the Agreement through June 30, 2016. Exhibit A – Scope of Work (to be replaced by Exhibit A-1): • Eliminated: 1.b. Live broadcasts of meetings shall terminate at 12:00 midnight. Video recordings shall include the complete meeting regardless of the termination of live broadcast. • Added: 6. Index each Council and Planning Commission meeting that is recorded by KSAR to the City’s Granicus system for web streaming. Exhibit B – Payment (to be replaced by Exhibit B-1): • Amended: 1. BROADCAST OF REGULAR CITY COUNCIL AND PLANNING COMMISSION MEETINGS. For the services described in Exhibit A-1, Section 1, Contractor shall be paid $550/meeting for the first two years (June 30, 2011 – June 30, 2013 and $600/meeting June 30, 2014 – June 30, 2016. • Added: 5. GRANICUS INDEXING. The City shall pay contractor a flat fee of $100 per meeting for the work described in Exhibit A-1, paragraph 6 following completion of the indexing for the meeting and a receipt by the City of an invoice from the Contractor. • Eliminated: 8. CPI ADJUSTMENT. The rates in sections 1 and 2, above, shall be adjusted annually on July 1 to reflect changes in the December to December Consumer Price Index for San Francisco/Oakland/San Jose for the Urban Wage Earners (hereinafter “CPI/W”) since the last rate adjustment rounded to the nearest $1.00 increment. FISCAL IMPACTS: These adjusted funds have been appropriated in the FY2011/2012 budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City’s contract with KSAR will remain unchanged. Not transferring the recommended funds would create a deficit expense and the KSAR invoices could not be paid. ALTERNATIVE ACTION: The KSAR Board may suggest revisions to the proposed Second Amendment, which would then be included in a future staff report to the City Council as additional options for their consideration. As an example, the Board could suggest that the term of the Agreement be less than five years, at which point the terms of the Agreement could be reconsidered. FOLLOW UP ACTION: Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: “A”-- Community Access Cable Services Agreement “B” -- First Amendment to Agreement “C” -- Proposed Second Amendment to Agreement