REPORT TO COUNCIL
SUBJECT
Title
Authorize the Issuance of a Consultant Services Agreement With Mountain View Community Television (d.b.a. KMVT Community Television (KMVT)) in the Amount of $460,000 for Management of the Sunnyvale Government Access and Public Access Channels and Television Broadcasting Services (F26-361)
Report
REPORT IN BRIEF
Approval is requested to authorize a purchase agreement with Mountain View Community Television (d.b.a. KMVT Community Television (KMVT)) of Mountain View, CA, in the amount not to exceed $460,000 for a three-year period.
EXISTING POLICY
Pursuant to Section 2.08.040 of the Sunnyvale Municipal Code (SMC), City Council approval is required for contracts for the procurement of goods and services exceeding $250,000 in any one transaction.
Section 2.08.070(b)(3) authorizes the purchase of goods and/or services to be exempted from the competitive bidding requirements when the solicitation of bids or proposals would be impractical, unavailing, or impossible.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organization or administrative activity that will not result in direct or indirect changes in the environment.
BACKGROUND AND DISCUSSION
Mountain View Community Television (d.b.a. KMVT Community Television (KMVT) is the non-profit organization currently providing broadcast services for Sunnyvale's City Council and Planning Commission meetings. They also have long-standing contracts to provide similar services for the neighboring cities of Cupertino, Los Altos Hills, and Mountain View.
KMVT has been providing this service to the City since 2004, including broadcasting special meetings and events such as the annual State of the City address and the Council Priority Projects Workshop. This new Consultant Services Agreement will continue existing broadcasting services on KSUN 15 and community-developed programming and broadcasting services.
Other services available through KMVT include Public Service Announcements (PSAs) and bulletin board postings.
KMVT's experience and familiarity with the City's broadcast control room operations and technical equipment, its proximity to City Hall, and its range of broadcasting and community-based programming services continue to make it the most viable provider of the specialized services the City needs.
The City Council approved a three-year agreement with KMVT in 2020 (RTC No. 20-0637) and an amendment in 2025 to increase compensation and extend the expiration date through December 31, 2026 (RTC No. 25-0717). It was noted in RTC No. 25-0717 that the City may enter into a new consultant services agreement with KMVT with updated pricing, services and terms. This new consultant services agreement is attached and supersedes the existing agreement, which is set to expire on December 31, 2026.
The new agreement incorporates Channel 26 community programming as an ongoing service. The previous agreement included Channel 26 community programming as an optional service. The new agreement adds Information Technology support, enabling the KMVT to provide routine maintenance and programming for the Council Chambers equipment. Under the previous agreement, the City used other support vendors for these services. The City may use other support vendors for more complex support or project-based work in the Council Chambers and around City Hall.
The new agreement factors in a base hourly rate of $150 per hour for included broadcasting, IT and scheduling services. Additional hours for these services are charged at a $ 150-per-hour rate. Some optional services, such as conducting Study Sessions off-site have a higher hourly rate to account for setup time and additional staffing. The addition of Channel 26 community programming, adding IT services and an increase in hourly rate account for the annual cost increase from $83,000 in 2025 to $126,000 in 2026.
FISCAL IMPACT
The proposed consultant services agreement with Mountain View Community Television (KMVT) for management of the Sunnyvale Government Access and Public Access Channels and television broadcasting services will result in a total expenditure of $378,000 over a three-year period. The total not-to-exceed amount of $460,000.00 includes the potential for an annual Consumer Price Index (CPI) adjustment, along with the potential use of Optional Services or overages for the length of public meetings in a given month, as outlined in Exhibit B.
Budget for broadcast services is available in the General Fund under Program 10200 - Office of the City Manager.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Take the following actions:
- Award a three-year Consultant Services Agreement, in an amount not to exceed $460,000, to Mountain View Community Television (d.b.a. KMVT Community Television (KMVT)) of Mountain View, CA, for the management of the Sunnyvale Government Access and Public Access Channels and television broadcasting services;
- Authorize the City Manager to execute the Consultant Service Agreement when all necessary conditions have been met; and
- Authorize the City Manager to amend the agreement for up to two (2) additional years, and to increase compensation subject to budget availability, need, and negotiated pricing and to execute such amendments when all necessary conditions have been met.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating
in certain decisions regarding licenses, permits, and other entitlements for use if
the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
_X_ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: David Battaglia, Purchasing Officer
Reviewed by: David Carnahan, City Clerk
Reviewed by: Matthew Paulin, Director of Finance
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Draft Consultant Service Agreement