HomeMy WebLinkAbout11 - Amendment to PSA for Video Production and Government Access Channel ManagementQ �EwPpRT
CITY OF
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
January 14, 2020
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
PREPARED BY: Tara Finnigan, Deputy City Manager,
tfinnigan@newportbeachca.gov
PHONE: 949-644-3035
TITLE: Amendment to the Professional Services Agreement with Newport
Beach & Company for Video Production and Government Access
Channel Management
ABSTRACT:
Staff recommends approval of an amendment to the Professional Services Agreement
with Newport Beach & Company to provide video production and government access
channel management for Newport Beach Television (NBTV).
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Authorize a waiver of Council Policy F-14 in regard to re -bidding NBTV Video
Production and Channel Management and award a single -source contract to Newport
Beach & Company by amending its existing contract; and
c) Execute Amendment No. 1 to the Professional Services Agreement with Newport
Beach & Company for Management of NBTV Programming and Operations, which
extends the term by one year and adds $117,208.44 for a total not -to -exceed amount
of $288,023.24.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this service. It will be expensed
to the NBTV Operations account in the Public Information Office budget, 01020201-
87104.
Amendment to the Professional Services Agreement with Newport Beach & Company
for Video Production and Government Access Channel Management
January 14, 2020
Page 2
DISCUSSION:
Background
The City of Newport Beach (City) operates a government access channel called NBTV.
City staff managed NBTV operations, production and programming for a number of years
before outsourcing the services to Newport Beach & Company in March 2014. Following
a Request for Proposals process in July 2018, the City Council approved a one-year
agreement with Newport Beach & Company, which is set to expire on January 31, 2020.
Proposed Amendment
Staff is recommending an amendment to the current agreement with Newport Beach &
Company to add an additional one-year term. This requires Council's review and
approval, as does the requested waiver of Council Policy F-14. Per Council Policy F-14
(A), the City should select professional consultants through a qualifications -based
selection process. As mentioned previously, the City conducted a formal bidding process
for NBTV services in July 2018. Because the RFP process was conducted fairly recently,
staff does not anticipate a substantive change in the market or a marked difference in the
RFP results.
During the past year, Newport Beach & Company has worked closely with City staff to
streamline costs and services and provide updated content. Their team has been very
responsive to the City's requests and has made a number of good suggestions on how
to further enhance the quality of programming while also providing the services more
efficiently. They assigned one of the existing video crew members to serve as the
producer, both overseeing and working hands-on with content development and video
production. This change resulted in significant cost savings as the individual supervising
the video crew also shoots and edits videos. The City is also moving forward with the
installation of remote-controlled video cameras in certain City facilities. The cameras will
reduce the number of hours video crew members spend setting up and editing video and
this change will result in further cost savings under this agreement.
The total approved amount, including a seven percent contingency, of the 2019
agreement was $170,814.80. Due to the efficiencies previously referenced, staff
estimates approximately $35,000 - $40,000 in savings by the end of term. Staff from the
City and Newport Beach & Company recently met to review the budget and agreed that
due to the savings achieved this year, the overall budget of the proposed amendment
should be reduced. The table below details the costs associated with the current
agreement and the proposed amendment, showing a reduction in the amount budgeted
for video production and a reduced fee for the executive producer office lease share as
proposed by Newport Beach & Company.
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Amendment to the Professional Services Agreement with Newport Beach & Company
for Video Production and Government Access Channel Management
January 14, 2020
Page 3
Service
Current
Agreement
Proposed
Amendment
City Council Meetings
$ 10,920.00
$ 10,920.00
Planning Commission Meetings
$ 5,040.00
$ 5,040.00
Monthly NBTV Admin Fee
$ 61,680.00
$ 61,680.00
Annual Management Fee
$ 13,992.00
$ 13,992.00
Executive Producer Office Lease Share
$ 4,992.00
$ 2,500.00
Video Production Blended Rate
$ 63,000.00
$ 50,400.00
7% Contingency
$ 11,174.80
$ 10.117.24
ANN UAL TOTAL
$170,798.80
$154,649.24
Due to the cost savings in the current agreement and the re -negotiated fees in the
proposed amendment, the contract will require an additional $117,208.44 to cover the
cost of the term extension.
Staff and the NBTV crew have implemented changes to NBTV, but some improvements
are still in progress and will be completed within the next month. These include completing
improvements to the City's website to make it easier to find NBTV videos and enhancing
the NBTV YouTube page. Moving forward, meetings and programs will be uploaded to
both the City website and the YouTube page. The team also intends to launch one to two
new programs within the first quarter of the new year. The proposed amendment includes
a contingency in the event new programming ideas or unanticipated projects arise. The
City's new public information manager may also wish to make further programming
changes.
Staff is recommending a one-year amendment to the current agreement with Newport
Beach & Company to keep the current programs and projects moving forward and due to
the efficiencies and cost savings realized this year.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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Amendment to the Professional Services Agreement with Newport Beach & Company
for Video Production and Government Access Channel Management
January 14, 2020
Page 4
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Amendment No. 1
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ATTACHMENT A
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH NEWPORT BEACH & COMPANY FOR
MANAGEMENT OF NBTV PROGRAMMING & OPERATIONS
THIS AMENDMENT NO, ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 14th day of January, 2020
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and NEWPORT BEACH & COMPANY, a
California nonprofit corporation ("Consultant"), whose address is 1600 Newport Center
Drive, Suite 120, Newport Beach, California 92660, and is made with reference to the
following:
RECITALS
A. On February 1, 2019, City and Consultant entered into a Professional Services
Agreement ("Agreement") for management of NBTV programming and operations
("Project") .
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to January 31, 2021 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on January 31, 2021, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
2.1 Section 4.1 of the Agreement is amended in its entirety and replaced with
the following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit C and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred Seventy Six
Thousand Eight Hundred Forty Eight Dollars and 441100 ($276,848.44), without prior
written authorization from City. Additionally, the City has allocated a contingency amount
of Eleven Thousand One Hundred Seventy Four Dollars and 801100 ($11,174.80) for
unexpected costs, for a total not to exceed amount of Two Hundred Eighty Eight
Thousand Twenty Three Dollars and 241100 ($288,023.24). No portion of the
contingency shall be expended without prior written approval of City's Project
Administrator. No billing rate changes shall be made during the term of this Agreement
without the prior written approval of City."
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The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Seventeen Thousand Two Hundred Eight Dollars and 441100
($117,208.44).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Newport Beach & Company Page 2
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IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: iz,+-?•jq
By: i_ W ( �')
A on C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT:
Company, a
corporation
Date:
By:
Newport Beach &
California nonprofit
Gary Sherwin
Chief Executive Officer
Date.-
ate:
By-
By:
Lily
Lily Pearson
Chief Financial Officer
[END OF SIGNATURES]
Newport Beach & Company Page 3
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