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HomeMy WebLinkAboutAGENDA REPORT 2024 0207 CCSA REG ITEM 10BCITY OF MOORPARK, CALIFORNIA City Council Meeting of February 7, 2024 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. B. Consider Amendment No. 3 to Agreement with Pegasus Studios for Video Production and Operations Services, to Assign the Agreement to Reflect the Reorganization of Pegasus Studios into an S Corporation. Staff Recommendation: Approve Amendment No. 3 to Agreement with Pegasus Studios for video production and operations services, to assign the agreement to reflect the reorganization of Pegasus Studios into an S Corporation. (Staff: Brian Chong, Assistant to the City Manager) Item: 10.B. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Brian Chong, Assistant to the City Manager DATE: 02/07/2024 Regular Meeting SUBJECT: Consider Amendment No. 3 to Agreement with Pegasus Studios for Video Production and Operations Services, to Assign the Agreement to Reflect the Reorganization of Pegasus Studios into an S Corporation BACKGROUND AND DISCUSSION In 2019, the City Council approved an agreement with Robert Schwieger, dba Pegasus Studios, for video production and operations services. Pegasus Studios staff operates the audio and visual equipment during public meetings (including City Council, Planning Commission, Arts Commission, Library Board, and Parks and Recreation Commission meetings), and provides photography and video production for City events (such as the State of the City and Recreation Division events/programs) for promotional use. The agreement had an initial term of three years, and the City Council authorized the City Manager to approve two subsequent one-year extensions. The City Manager approved both extensions in 2022 (Amendment No. 1) and 2023 (Amendment No. 2). The current extension will expire on June 30, 2024. In December 2023, Pegasus Studios advised the City that it had reorganized from a sole proprietorship into an S Corporation. Accordingly, the Agreement must be assigned to the S Corporation so that future City payments can be made to the S Corporation (Pegasus Studios) instead of the sole proprietor (Robert Schwieger, dba Pegasus Studios). No changes to the Pegasus Studios staff, services, term, or costs are proposed as part of this amendment. Item: 10.B. 20 Honorable City Council 02/07/2024 Regular Meeting Page 2 ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no environmental review is required. FISCAL IMPACT None. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Approve Amendment No. 3 to Agreement with Pegasus Studios for video production and operations services, to assign the agreement to reflect the reorganization of Pegasus Studios into an S Corporation. Attachment: Amendment No. 3 to Agreement 21 ATTACHMENT AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND PEGASUS STUDIOS FOR VIDEO PRODUCTION AND OPERATIONS SERVICES This Amendment No. 3 to the Agreement between the City of Moorpark, a municipal corporation (“City”), and Pegasus Studios (“Consultant”), for video production and operations services (“Agreement”), is made and entered into on ________________, 2024. RECITALS WHEREAS, on June 25, 2019, the City and Consultant entered into an Agreement for video production and operations services; and WHEREAS, the City and Consultant entered into Amendment No. 1, extending the contract term to June 30, 2023; and WHEREAS, the City and Consultant entered into Amendment No. 2, extending the contract term to June 30, 2024; and WHEREAS, Consultant reorganized into an S Corporation named Pegasus Studios, which matched the dba Consultant was previously utilizing; and WHEREAS, the reorganization creates the need to reassign the contract to the new S Corporation to enable future payments ; and, WHEREAS, the City and Consultant now desire to amend the Agreement to document the reorganization by jointly approving this Amendment No. 3 to the Agreement to assign the Agreement to Pegasus Studios, the S Corporation. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I.ASSIGNMENT: The Agreement with the City of Moorpark is hereby assigned to Pegasus Studios, to reflect its reorganization into an S Corporation. II.REMAINING PROVISIONS: Except as revised by this Amendment No. 3, all of the provisions of the Agreement shall remain in full force and effect. 22 Amendment No. 3 [Pegasus Studios] Page 2 In Witness Whereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK PEGASUS STUDIOS _______________________________ _______________________________ Troy Brown, City Manager Robert Schwieger, President Attest: _______________________________ Ky Spangler, City Clerk 23