REPORT TO COUNCIL
SUBJECT
Title
Amend an Existing Purchase Agreement with Mountain View Community Television to add $130,000 for a new Not-to-Exceed Amount of $306,033.30 and to Extend the Agreement Through December 31, 2026 (F25-467)
Report
REPORT IN BRIEF
Approval is requested to amend an existing three (3) year purchase agreement with Mountain View Community Television of Mountain View, CA, to increase the agreement amount by $130,000 for a new not-to-exceed total of $306,033.30 and to extend the agreement end date through December 31, 2026, for broadcasting services.
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 cities of Cupertino, Foster City, Los Altos, 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 Budget Proposal/Study Issues Workshop. This purchase agreement will continue existing broadcasting services (KSUN 15 and Channel 26) and includes the ability for additional community-developed programming and broadcasting services on Channel 26.
Other services available through KMVT include Public Service Announcements (PSAs), bulletin board postings, job announcements, formal bid postings, and press releases.
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 all continue to make it the most viable provider for the specialized services needed by the City.
Council approved a three-year agreement with KMVT in 2020 (RTC No. 20-0637). Since the expiration of that agreement, KMVT has continued service to the City through a purchase agreement under the City Manager’s authority. Approval is requested to amend the purchase agreement as the new not-to-exceed total will exceed the City Manager’s contract authority. The rates approved in 2020 have carried forward in the subsequent Purchase Agreement, with an annual Consumer Price Index (CPI) increase. The same rates, including the annual CPI increase would continue with approval of this amendment to the Purchase Agreement.
During the term of this purchase agreement extension, the City may enter into a new consultant service agreement with KMVT with updated pricing, services and terms. A new consultant service agreement would require City Council approval and would replace the existing purchase agreement.
FISCAL IMPACT
Budgeted funds for broadcast services are available in the General Fund under Program 1010200 - 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:
- Approve an Amendment to an existing purchase agreement increasing the current contract with KMVT by $130,000 for a new not-to-exceed amount of $306,033.30 and extending the agreement through December 31, 2026;
- Authorize the City Manager to execute the amendment when all necessary conditions have been met; and
- Authorize the City Manager to increase compensation subject to budget availability through December 31, 2026, provided pricing and service remain acceptable to the City.
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: Matthew Paulin, Director of Finance
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager