Loading...
HomeMy WebLinkAboutResolution 9986RESOLUTION NO.9986 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING 3 YEAR CONTRACT WITH ONE YEAR SERVICE CHOICES FOR NINE NORTH COMMUNICATION COMMISSION WHEREAS, Mounds View is one of nine partner cities comprising the North Suburban Cable Commission; and WHEREAS, Nine North provides cable casting, web streaming and other services to member and/or contract communities on a fee basis in order to operate; and WHEREAS, the current contract language and service fees are consistent with past and competitive rates in the market with a 1 % increase for 2025; and WHEREAS, the quality of service and customer service are both at the highest level of industry standards; NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council does hereby approve Resolution 9986, authorizing the Mayor and City Administrator to execute the contract for selected services as detailed in the documents; Adopted this 23th day of September, 2024. ELF, Mayor ATTEST: *Nylikrvrund, City Administrator (Seal) The 1lounds View Vision A Thriving Desirable Coiniuunily North Suburban Access Corporation Professional and Technical Services Agreement This contract is between the North Suburban Access Corporation, a Minnesota Municipal Corporation, (herein "the NSAC") and the City of Mounds View. Minnesota (herein "the City"). Recitals 1. Under Minnesota law, the NSAC is empowered to provide such professional and technical services as are desired by the City. 2. The City desires to engage the NSAC for video webcasting services and archiving services (herein "the Services"). 3. The City represents that it is empowered to engage the NSAC. Agreement 1. Term of Contract 1.1. Duration. This Agreement will become effective January 1, 2025, and will remain in effect for a period of three (3) years. At the expiration of the one (1) year period, the Agreement will automatically renew for another period of one (1) year, unless notice to terminate this Agreement is provided no less than ninety (90) days prior to the end of the current term. If this Agreement is terminated prior to the completion of a one (1) year period, the NSAC will be entitled to payment, determined on a pro rata basis, for Services satisfactorily performed. 1.2. Survival of Terms. The following clauses will remain in effect after the termination of the Agreement: Section 5. Liability, Section 6. Government Data Practices and Intellectual Property, Section 8. Governing Law, Jurisdiction, and Venue; and Section 9. Disclosure. 2. Services Provided 2.1. Services. The NSAC will provide the Services described in Schedule A (attached). 2.2. Additional Services. The City may also request additional services during the term of the Agreement (see Section 1.1. Duration). If accepted by the NSAC, Schedule A will be amended to include a description of the additional services and according compensation. Unless otherwise specified, all terms of this Agreement will apply to any amendments to Schedule A. 2.3. Standard of Care. To the extent any property, such as camera or computer equipment, is loaned by the NSAC to the City, the City will exhibit a standard of care consistent with Minnesota law. 2.4. City Assistance. Depending on the nature of the Services, the NSAC may from time to time require access to public and private lands or property. To the extent the City is legally and reasonably able, the City will provide access to and make provisions to enable the NSAC or its agents or employees to enter upon public and private land and property as required for the NSAC to perform the Services. The City will furnish the NSAC with a copy of any special standards or criteria promulgated by the City relating to the Services, including, but not limited to, design and construction standards, that is necessary for the NSAC to prepare for its performance of the Services. 3. Payment 3.1. Compensation. The City will pay for all Services to be performed by the Contractor as specified in Schedule A (attached). 3.2. Fee Adjustment. The NSAC reserves the right to annually adjust the fees associated with the Services specified in Schedule A. Such adjustments, if any, will be enacted on January 1 of a given year. Prior to enacting any fee adjustments, the NSAC must provide written notice of such to the City at least ninety (90) calendar days prior to the effective date of the fee adjustment. 3.3. Invoices. The City must promptly pay the NSAC after the NSAC presents an invoice for those Services that have been actually performed. The NSAC must timely submit invoices. 3.4. Event Cancellation. The City agrees to pay 70% of the expected event amount for any cancellation unless sufficient prior notice is provided. "Prior Notice" is defined as at least 10 business days (including the day of the event) before the scheduled event. 4. Assignment, Amendments, Waiver, and Completeness 4.1, Assignment. The City may not assign, license, or transfer any rights or obligation under this Agreement without prior written consent of the NSAC and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 4.2. Amendments. Any amendments to this contract must be made in writing and will not be effective until executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 4.3. Waiver. If the NSAC fails to enforce in a timely manner any provision of this Agreement, that failure does not waive the provision or the NSAC's right to enforce the provision. 4.4. Completeness. This Agreement contains all negotiations and agreements between the NSAC and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either ply. S. Liability The City must indemnify and hold harmless the NSAC, its agents, and its employees from any claims or causes of action, including attorney's fees incurred by the NSAC arising from performance of this Agreement by the City, its agents, or its employees. The clause must not be construed to preempt any legal remedies the NSAC may have for the City's failure to fulfill its obligations under this Agreement. 6. Government Data Practices and Intellectual Property 6.1. Government Data Practices. To the extent applicable, the City and NSAC must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch, 13. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this Clause by either the City or the NSAC. Each Party shall notify the other of any Data Practices Act request for video recordings created pursuant to this Agreement. All requests for the release or sale of video recordings created pursuant to this Agreement shall be directed to and fulfilled by the NSAC. 7. Endorsement The City must not claim that the NSAC endorses its products or services. 8. Governing Law, Jurisdiction, and Venue Minnesota Law governs this Agreement. Venue for all legal proceedings arising from this Agreement shall be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 9. Disclosure The City consents to disclosure of its social security number, federal employer tax identification number, and Minnesota tax identification number, to the Commission as is necessary for compliance with Minnesota and other applicable law. 10. Severability If any section or clause of this Agreement is held to be invalid or unenforceable, then the meaning of that section or clause shall be construed so as to render it enforceable to the extent feasible. If no feasible interpretation would save the section or clause, it shall be severed from this Agreement with respect to the matter in question, and the remainder of the Agreement shall remain in full force and effect. However, in the event that such a section or clause is essential or substantially alters the Agreement, the Parties shall negotiate a replacement section or clause that will achieve the intent of such unenforceable section or clause to the extent permitted by law. 11. Employment Employees of the NSAC performing work pursuant to this Agreement shall remain at all times employees only of the NSAC. The NSAC will be responsible for worker's compensation, salary, and training. [REMAINDER OF THIS PAGE INT IsNT IQNALLY LEFT BLANK] Dated: North Suburban Access Corporation By: Axekcutivcctw Attest By: Its: Mounds View, City Dated: By: Its: Dated: By: Its: Schedule A. Services (Mounds View). Service Municipal Production Services: The NSAC agrees to provide the following: • For Mounds View, a total of 108 meetings per year, including (24) Council; (6) Work sessions; (12) Parks & Rec; (24) Planning; (24) EDA; (12) EDC; and (6) Charter Commission. • Cost per meeting is $190. • if two or more meetings are held consecutively on the same night, the 2"1 and any following meeting will be a flat fee of $55. ■ NSAC will provide a municipal producer to operate equipment, record and cablecast meetings LIVE in either a virtual, hybrid, or in person setting. Please note: Mounds View city staff will serve as operator for many of the 108 meetings. To support the staff member with back -end preparations and tech support on those nights, a flat fee of $158 per month will be issued. • Equipment and meeting room preparation. • Upload the agenda and provide indexing of agenda items for online video. • Provide backend support for closing, annotating, and posting the meeting for program the following day. • Provide Master Control services to ensure quality controls. The City agrees to provide the following: • Provide a monthly schedule of live and/or recorded events of shows at least one week in advance of the first day of each month. • Provide the NSAC with a contact person; name, telephone number and email address of an emergency contact who can answer questions about any live events. • Provide 10-day notice for all -hybrid meetings. • Provide login credentials for any Zoom meetings. Cahlecastine Services: The NSAC agrees to provide the following: • Live cablecasting of City Council meetings and applicable Advisory Commission meetings on city's cable channel. • Schedule the City channel with live meetings and meeting playbacks up to (63) events per week. The city agrees to provide the following: • Monthly schedule of cablecast playbacks. Need to receive 15 days before the first of the month. Otherwise, NineNorth will execute regular playback schedule. Quote $190 Per meeting $158/mo. for Meeting Support when City Staff operates meetings 63 live or playbacks per week $1,500/year [$125/mo.] Agreed Schedule A. Services (Mounds View). Carousel Coordination: • Coordination of two carousels per month requested by City, at $5.25 per $126 per year Carousel. This does not include labor to manage the Carousel. [$10.50/mo.] Web Stream ine Services: The NSAC agrees to provide the following: • Live web streaming of planned 108 City meetings. $60 • Encoded meetings and the accompanying agendas posted within 24 hours Per actual on the NSAC's website. web stream • Post links between agenda items and their video discussion, event • Storage of recorded meetings/videos for up to 12 months. [Maximum of only one The City agrees to provide the following: stream charge • Provide NSAC with monthly schedule of all live meetings to be streamed per night] and/or encoded for posting on the NSAC's website. • Notify the NSAC as soon as possible of the cancellation of a live event, including city meeting, which is scheduled for playback, of any change in the day or beginning time of any live event, including city meeting, or of any additions of special meeting to the schedule. ■ Provide the NSAC with the name and telephone number for a main contact of the cablecast. ■ Chapter marking information on the agenda will be provided by the City for meetings not utilizing the NSAC's municipal producers. N: ui ment Monitartap Cost Share: The NSAC agrees to provide the following: $132 ■ (11) IP based devices monitored via the inter -mapper license, to ensure per year equipment is operating effectively, and reduce breakage. This is an even [$11/mo.] cost share with the JPA. tiles hhorhuod Network Services: The NSAC agrees to provide the following: • Produce coverage of at least 3 city events per year, at the discretion of the NSAC. • Cablecast, make available online and distribute via link to the city the $1 final product. per year • Storage of recorded videos for up to 12 months. The city agrees to provide the following: • Submit the event coverage request to the NSAC, which will only be accepted from either the City Administrator, City Council member or Staff that has been designated for communications. Cassandar Web Strenming Proprietary Platform;, The NSAC agrees to provide the following: $5, 000 Included ■ Custom branded landing page with city logo &colors for city content, per year in JPAvalue Membership • Ability to index, create chapters and upload agendas. • Hosting and maintenance of the online platform and site. • Dedicated messaging system from constituents to assigned email to answer questions from the public. • Password protection options