HomeMy WebLinkAbout07 - Amendment to PSA for Video Production and Programming Services (Contract No. 9488-1)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
February 24, 2026
Agenda Item No.7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Tara Finnigan, Assistant City Manager - 949-644-3001,
tinnigan@newportbeachca.gov
PREPARED BY: Lorig Yaghsezian, Management Analyst - 949-644-3028,
laghsezian@newportbeachca.gov
TITLE: Amendment to Professional Services Agreement for Video
Production and Programming Services with TV Pro Gear, Inc.
(Contract No. 9488-1)
ABSTRACT:
The City of Newport Beach (City) utilizes contract services for video production and
programming. As part of the agreement, TV Pro Gear, Inc. streams and uploads City
Council and Planning Commission meetings. The remaining contract balance is sufficient
to complete the services through the current term. For the City Council's consideration is
an amendment to increase the contract by $60,000 for a new not -to -exceed limit of
$180,000.
RECOMMENDATIONS:
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;
and
b) Approve Amendment No. One to the Professional Services Agreement with TV Pro
Gear, Inc. to increase the contract by $60,000 for a new not -to -exceed amount of
$180,000 and authorize the Mayor and City Clerk to execute the amendment.
DISCUSSION:
On December 13, 2023, the City entered contract No. 9488-1 with TV Pro Gear, Inc. to
film, stream and upload City Council, Planning Commission and any special meetings to
Newport Beach TV (NBTV), the City's website, and YouTube.
Since execution of the agreement, there have been two contract extensions. As a result,
the remaining contract balance is insufficient to complete the work.
Staff is proposing Amendment No. One to the professional services agreement to
increase the not -to -exceed amount by $60,000, for a revised total contract amount of
$180,000. The proposed amendment does not modify the scope of work, contract term
Amendment to Professional Services Agreement for Video Production and
Programming Services with TV Pro Gear, Inc. (Contract No. 9488-1)
February 24, 2026
Page 2
or other substantive provisions of the agreement. The contract is set to expire on
December 14, 2026.
FISCAL IMPACT:
The adopted budget includes sufficient funding for the amendment. This contract is
funded from the public information budget for NBTV Operations/ Program account
(01020201- 871041).
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.
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. One to the Professional Services Agreement with TV
Pro Gear Inc.
Attachment A
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH TV PRO GEAR, INC. FOR
VIDEO PRODUCTION AND PROGRAMMING SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 24th day of February, 2026
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and TV PRO GEAR, INC., a Nevada
corporation ("Consultant"), whose address is 710 North Mariposa Street, Burbank, CA
91506, and is made with reference to the following:
RECITALS
A. On December 14, 2023, City and Consultant entered into a Professional Services
Agreement (Contract No. C-9488-1) ("Agreement") for video production and
programming services ("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to December 13, 2026, increase the total compensation for additional
services to be performed, and update the Consultant's mailing address for notices.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
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 December 13, 2026, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
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 B 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 One Hundred Eighty
Thousand Dollars and 00/100 ($180,000.00), without prior written authorization from
City. No billing rate changes shall be made during the term of this Agreement without the
prior written approval of City."
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 Sixty
Thousand Dollars and 00/100 ($60,000.00).
TV Pro Gear, Inc. Page 1
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Section 25.3 of the Agreement is amended in its entirety and replaced with the
followng: "All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attn: Scott Donovan
TV Pro Gear, Inc.
710 N. Mariposa Street
Burbank, CA 91506"
4. 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]
TV Pro Gear, Inc. Page 2
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: 2 /W � /7 4
By: LE
Aa n C. Harp ti(o y&j
City Attorney
ATTEST:
Date:
Lena Shumway
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Lauren Kleiman
Mayor
CONSULTANT: TV PRO GEAR, INC.,
a Nevada corporation
Date:
Bv:
Andrew Maisner
Chief Executive Officer
Date:
By:
Sheldon Zalansky
Chief Financial Officer and Secretary
[END OF SIGNATURES]
TV Pro Gear, Inc. Page 3