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HomeMy WebLinkAbout104-Second Amendment.pdfPage 1 of 5 SECOND AMENDMENT TO COMMUNITY ACCESS CABLE TELEVISION SERVICES AGREEMENT This Second Amendment to Community Access Cable Services Agreement is made at Saratoga, California by and between the City of Saratoga, a municipal corporation (“City)”, and Saratoga Community Access Cable Television Foundation (“Contractor”), who agree as follows: WHEREAS, City and Contractor entered into an independent contractor agreement with a term from July 1, 2005 through June 30, 2011 (“Original Agreement”) and amended the Original Agreement on September 8, 2008, in order to change the scope of work and payment terms (“Amended Agreement”); and WHEREAS, City and Contractor wish to further amend the Amended Agreement in order to extend its term for an additional five (5) years and to amend the scope of work and payment terms. NOW, THEREFORE, the parties hereto agree as follows: 1. AMENDED SCOPE OF WORK. The scope of work attached to the Original Agreement as Exhibit A and revised by the Amended Agreement is replaced in its entirety by Exhibit A-1 (attached and hereby made a part of this agreement). 2. AMENDED TERM. Section 2 of the Original Agreement is amended to replace the termination date of June 30, 2011 with the date of June 30, 2016 and otherwise remain unchanged. 3. AMENDED PAYMENT TERMS. Exhibit B (concerning payment terms) attached to the Original Agreement and revised by the Amended Agreement is replaced in its entirety by Exhibit B-1 (attached and hereby made a part of this agreement). 4. EFFECTIVE DATE. This Second Amendment Agreement shall take effect July 1, 2011. - Continued Next Page - IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment Agreement. City of Saratoga Contractor By: ____________________ Dave Anderson, City Manager _________ Date By: ____________________ Tom Moran, Chairman Saratoga Community Access TV Foundation _________ Date Attest: _____________________ Ann Sullivan, City Clerk _________ Date Approved as to Form: ___________________________ Richard S. Taylor, City Attorney _________ Date Attachments: Exhibit A-1 Scope of Work Exhibit B-1 Payment EXHIBIT A-1 SCOPE OF WORK Contractor shall complete the following Scope of Work: 1. Arrange for and provide live and tape-delayed broadcasts and create video recordings of regular City Council and Planning Commission meetings held in the Civic Theater. Specifically: a. It is understood that regular City Council meetings are held on the first and third Wednesdays of each month and regular Planning Commission meetings are held on the second and fourth Wednesdays of each month. b. One video copy of each meeting shall be provided to the City Manager or his/her designee by the close of the business day following the meeting and one copy to the Saratoga Library. c. Each regular meeting for which a video recording is created shall be broadcast on a time-delayed basis at least once during the 7-day period following the meeting. d. The City Council or Planning Commission may, on occasion, hold regular meetings at a location other than the Civic Theater, in which case no broadcast or recording services shall be provided pursuant to this paragraph. 2. Provide and/or arrange for the proper maintenance of the Contractor’s equipment at the City Hall installation. 3. Minor maintenance, repair and adjustment of the City’s equipment will be performed by Contractor as staff is available. 4. Provide live broadcasts and/or video recording services of special meetings of the City Council or Planning Commission or of other civic events upon request of City when Contractor staff is available. 5. List up to a reasonable number of items requested by City at any given time on the Community Service Board. 6. Index each Council and Planning Commission meeting that is recorded by KSAR to the City’s Granicus system for web streaming. EXHIBIT B-1 PAYMENT Compensation shall be as specified below: 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. 2. MAINTENANCE AND REPAIR. For the services described in Exhibit A-1, Sections 2 and 3, Contractor shall be paid in accordance with the following rate schedule: $100.00 per hour. City shall reimburse Contractor for the actual cost of all parts purchased by Contractor in the course of providing maintenance services. Reimbursement for costs of outside engineering or service personnel shall not exceed amounts authorized by the City prior to said work being performed. 3. SPECIAL EVENT BROADCASTS/RECORDING. For the services described in Exhibit A-1, Section 4, Contractor shall be paid in accordance with the rate schedule set forth in Section 2, above and for the actual cost of any reimbursable expenses authorized by City in connection with the special event. 4. COMMUNITY SERVICE BOARD. For the services described in Exhibit A, Section 5, Contractor shall be paid $0.00 per month. 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. 6. TOTAL COMPENSATION. Total compensation pursuant to this Agreement (including compensation for reimbursable expenses) in any fiscal year shall not exceed the amount specified in the City of Saratoga budget for services pursuant to this Agreement in that year. 7. INVOICES. Contractor shall submit invoices, not more often than once each month during the term of this Second Amendment to Agreement, based on the cost of work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the amount of prior billings and the total due this period. 8. MONTHLY PAYMENTS. City shall make payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. Payments shall be made no later than thirty (30) days following the City’s receipt of the invoice.