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05 Staff Report.KCAT PREPARED BY: Holly Zappala Management Analyst Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 08/18/2020 ITEM NO: 5 DATE: August 7, 2020 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Authorize the Town Manager to Enter into a Five-Year Agreement for Cablecasting and Livestreaming Services with KCAT-TV, a Non-Profit Access Television Station RECOMMENDATION: Authorize the Town Manager to enter into a five-year agreement for cablecasting and livestreaming services with KCAT-TV, a non-profit access television station. BACKGROUND: Since 2003, the Town has had an agreement with KCAT to provide cablecasting of Town meetings, including the recording and broadcasting of Town Council and Planning Commission meetings on television local channel 15. In 2010, the Town Council approved a five-year agreement to continue the cablecasting services and distribution of public, education, and government (PEG) funding. In 2015, the Town Council approved a five-year agreement to continue the public access funding and cablecasting services. In 2019, the Town Council approved a first amendment to that agreement to add livestreaming services, including streaming the live video feed to a Town-branded YouTube page, on-call engineering services to support technical issues, YouTube channel organization and management, and providing an mpg4 file to Town staff the day after the meeting occurs. On June 16, 2020, the Town Council approved a two-month extension to the agreement until August 31, 2020 while Town staff and KCAT representatives finished negotiating terms for a new five-year contract. The existing agreement is included as Attachment 1 for reference. PAGE 2 OF 3 SUBJECT: Authorize the Town Manager to Enter into a Five-Year Agreement for Cablecasting and Livestreaming Services with KCAT DATE: August 18, 2020 DISCUSSION: In April, 2020, Town staff and KCAT representatives met remotely to begin working collaboratively to negotiate a new five-year agreement for the cablecasting and livestreaming of Town Brown Act meetings, including Council, Planning Commission, and Pension and OPEB Trusts Oversight Committee meetings. Important elements of a new agreement included staff’s preference for a flat-rate contract and removal of variable charges. A draft agreement was reached in July, 2020 (Attachment 2). Pursuant to the negotiated terms, beginning in fiscal year 2020/21 through fiscal year 2024/25, KCAT will broadcast 60 regular Town Brown Act meetings per year on local television channel 15 and livestream on the Town-branded YouTube channel for an annual fee of $60,000, or $5,000 per month. This price includes cablecasting, livestreaming, and all related set-up, uploading/transferring, and data storage. It is a flat-rate fee contract and previous overtime charges are no longer applicable. Additional meetings will be charged at a flat fee of $1,000 per meeting. CONCLUSION: KCAT’s ability to provide cablecasting on local television and livestreaming on YouTube of Town Council and Planning Commission meetings is important to allow the public access to view these meetings live, as well as to watch archived meetings. Staff recommends the Town Council authorize the Town Manager to enter into a five-year agreement for cablecasting and livestreaming services with KCAT. COORDINATION: This report has been prepared in coordination with the Information Technology Department, Clerk Department, Town Attorney, and Town Manager’s Office. FISCAL IMPACT: The fiscal impact is anticipated to be a minimum of $60,000 annually for cablecasting and livestreaming services over the course of a five-year period. This amount may increase based on additional meetings held. Sufficient anticipated funds are available in the Town budget. KCAT will continue to receive 100% of PEG funding from the Town on a quarterly basis, provided the Town retains, at all times, a PEG funds balance of $50,000 in an equipment reserve account. These funds will be made available, as approved by the Town, for major maintenance, replacement, or upgrading of the cablecast and related technology resources in the Town Council chambers. When money in the equipment reserve account is spent, it will be PAGE 3 OF 3 SUBJECT: Authorize the Town Manager to Enter into a Five-Year Agreement for Cablecasting and Livestreaming Services with KCAT DATE: August 18, 2020 FISCAL IMPACT (continued): replenished by the Town depositing 10% of the PEG funding received until the $50,000 is reached. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. Existing Agreement for Services with KCAT 2. Draft 5 Year Agreement for Services with KCAT