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HomeMy WebLinkAboutResolution - 2011-R0295 - Contract - Swagit Productions LLC - Video Streaming Services - 07_14_2011Resolution No. 2011-RO295 July 14, 2011 Item No. 5.36 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 10333 for video streaming services, by and between the City of Lubbock and Swagit Productions, LLC of Plano, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on July 14, 2011 TOM MARTIN, MAYOR ATTEST: Q-�a- �� - a�4-1 Reb cca Garza, City Secreta APPROVED AS TO CONTENT: L-"nc-� 4—� Mark earwo d, Assistant City Manager Chief Information Officer APPROVED,AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Swagit Productions, LLC June 28, 2011 Resolution No. 2011-RO295 Contract. 10333 AGREEMENT FOR VIDEO STREAMING SERVICES CITY OF LUBBOCK and SWAGIT PRODUCTIONS, LLC This Agreement for Video Streaming Services ("Agreement") is made by and between the City of Lubbock ("City"), a municipal corporation with offices at 1625 13th Street, Lubbock, Lubbock County, Texas, 79401 and Swagit Productions, LLC, (Provider) a Texas Limited Liability Company, with offices at 850 Central Parkway E., Suite 100, Plano, Texas 75074 effective as of the date written below. RECITALS A. The City desires to enter into this Agreement in order to obtain video streaming services for scheduled Council meetings as outlined in the Scope of Work/Service Proposal document; and B. Provider has available and offers to provide the personnel necessary to provide said services in accordance with the Scope of Services included in this Agreement (see Exhibit A attached hereto and incorporated herein); and C. Provider is in the business of providing video streaming services for businesses and governmental entities, and represents and warrants that it has the skills, qualifications, expertise and experience necessary to perform the work and services to provide and implement video streaming services as described herein in an efficient, cost-effective manner with a high degree of quality and responsiveness and has performed and continues to perform the same and similar services for other buyers; and D. On the basis of and in reliance upon such representations by Provider and others made herein and in Provider's proposal, the City desires to engage Provider to provide the work and services described herein under the terms and conditions of this Agreement. For the reasons recited above, and in consideration of the mutual covenants contained in this Agreement, the City and Provider agree as follows: 1. SERVICES TO BE PERFORMED BY PROVIDER Provider agrees to perform the following services: 1.1 Provider agrees to provide the work and services asset forth in detail in Exhibit "A" (entitled "Scope of Services" and so called herein) attached hereto and hereby incorporated as part of this Agreement. All of the terms and conditions set forth and pertaining to the services in Exhibit "A" shall be incorporated in this Agreement as if fully set forth herein. 2. COMPENSATION OF PROVIDER 2.1 Provider agrees to provide all of the services set forth in Exhibit "A" for a monthly fee of One Thousand Two Hundred and No/100 Dollars ($1,200) for on -demand and 24/7 live video streaming (as identified and detailed on the attached Exhibit "A", page 4, "Streaming Video Monthly Managed Services" under "Package 1 "). (a) If the City, at its sole discretion, instructs the Provider to process, store and stream more than its allotment of meetings per year (as identified and described on the attached Exhibit "A", page 4, "Streaming Video Monthly Managed Services"), The City agrees to pay the Provider a fee for overages in the amount of One Hundred Twenty and No/100 Dollars ($120.00) for each additional edited and indexed on -demand meeting and One Hundred Fifty and No/100 Dollars ($150.00) per year of storage beyond the most recent 36 month window (as identified and described on the attached Exhibit "A", page 4, "Package Overage Costs"). 2.2 Except as set forth herein, payments will be processed on a monthly basis with payment available within 30 days after receipt of an invoice for the previous month's service. All payments pursuant to this Agreement shall be paid in accordance with the Texas Prompt Payment Act, Texas Gov't Code Chapter 2251. 3. RIGHTS AND OBLIGATIONS OF PROVIDER 3.1 Independent Contractor. The parties agree that Provider performs specialized services and that Provider enters into this Agreement with the City as an independent contractor. Nothing in this Agreement shall be construed to constitute Provider or any of Provider's agents or employees as an agent, employee or representative of the City. As an independent contractor, Provider is solely responsible for all labor and expenses in connection with this Agreement and for any and all damages arising out of Provider's performance under this Agreement. 3.2 Provider's Control of Work. All services to be provided by Provider shall be performed as determined by the City in accordance with the Scope of Services set forth in Exhibit "A." Provider shall furnish the qualified personnel, materials, equipment and other items necessary to carry out the terms of this Agreement. Provider shall be responsible for and in full control of the work of all such personnel. 3.3 Reports to the City. Although Provider is responsible for control and supervision of work performed under this Agreement, the services provided shall be acceptable to the City and shall be subject to a general right of inspection and supervision to ensure satisfactory completion. This right of inspection and supervision shall include„ but not be limited to, all reports to be provided by Provider to the City and the right of the City, as set forth in the Scope of Services, and the right of the City to audit Provider's records. 3.4 Compliance with All Laws. Provider shall comply with all applicable laws, ordinances, rules, regulations and executive orders of the federal, state and local government, which may affect the performance of this Agreement. Any provision required by law, ordinances, rules, regulations, or executive orders to be inserted in this Agreement shall be deemed inserted, whether or not such provisions appear in this Agreement. 3.5 Organization and Authorization. Provider warrants and represents that: (i) it is a limited liability company duly organized, validly existing and in good standing under the laws of the State of Texas, and which shall remain in good standing throughout the term of this Agreement; (ii) it has the requisite power and authority to carry on its business as it is now being conducted; (iii) it has the legal capacity to enter into this Agreement; (iv) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated by this Agreement have been authorized and approved by all action required on the part of Provider; (v) has the right and authority to sell the software to the City; (vi) all software shall be in good working order; and, (vii) all licenses and warranties regarding the software and hardware shall be conveyed to the City. 4. NOTICE PROVISIONS Notice. Any notice concerning this Agreement shall be in writing and (i) sent by certified or registered mail, return receipt requested, postage prepaid, (ii) delivered personally, or (iii) placed in the custody of Federal Express Corporation or other nationally recognized carrier to be delivered overnight; and addresses for such notice are as follows: 5. 6. To the City's Authorized Representative: Jeff McKito Public Information Manager City of Lubbock 1625 131h Street Lubbock,Texas 79401 806/775-3268 INDEMNIFICATION To Provider: David Owusu, Director of Sales Swagit Productions, LLC 850 Central Parkway E. Suite 100 Plano, Texas 75074 800/573-3160 Provider (hereinafter referred to as "Indemnitor") agrees to indemnify, save and hold harmless the City, any jurisdiction or agency issuing permits for any work under this Agreement, and their respective directors, officers, elected officials, agents, employees and volunteers (hereinafter referred to as "Indemnitee") from and against any and all liabilities, damages, losses, or expenses (including court costs, attorney's fees, and costs of claim processing, investigation and litigation) (hereinafter collectively referred to as "Claims") for personal injury (including death) or property damage to the extent caused by the negligent act, omission, negligence or misconduct of the Indemnitor, or any of Indemnitor's directors, officers, agents, employees or volunteers. This indemnity includes any claim or amount arising or recovered under the Workers' Compensation Law or arising out of the failure of Provider to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree in effect at the time services are rendered. Provider shall be responsible for defense, and judgment costs where this indemnification is applicable. INSURANCE Provider and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Agreement are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Provider, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The City in no way warrants that the minimum limits contained herein are sufficient to protect Provider from liabilities that may arise out of the performance of the work under this Agreement by Provider, its agents, representatives, employees or subcontractors and Provider is free to purchase additional insurance as may be determined necessary. A. Minimum Scope and Limits of Insurance. Provider shall provide coverage at least as broad and with limits of liability not less than those stated below. Commercial General Liability - Occurrence Form (Form CG 0001, ed. 10/93 or any replacements thereof) General Aggregate $2,000,000 Products -Completed Operations Aggregate $1,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage (Any one fire) $ 50,000 Medical Expense (Any one person) Optional 2. Automobile Liabilit - Any Auto or Owned, Hired and Non -Owned Vehicles Combined Single Limit Per Accident $1,000,000 for Bodily Injury and Property Damage 3. Workers' Compensation and Emplover's Liabili Workers' Compensation Statutory Employer's Liability: Each Accident $ 500,000 Disease -Each Employee $ 500,000 Disease -Policy Limit $ 500,000 4. Professional Liability $1,000,000 B. SELF -INSURED RETENTIONS/DEDUCTIBLES: Any self -insured retentions and deductibles must be declared to and approved by the City. if not approved, the City may require that the insurer reduce or eliminate such self - insured retentions with respect to the City, its officers, agents, employees, and volunteers. C. OTHER INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain, the following provisions: 1. Commercial General Liability and Automobile Liability Coverages: a. The City of Lubbock, its officers, officials, agents, and employees are additional insured with respect to liability arising out of activities performed by, or on behalf of, the Provider; products and completed operations of the Provider, and automobiles owned, leased, hired or borrowed by the Provider. b. The Provider's insurance shall contain broad form contractual liability coverage. c. The City, its, officers, elected officials, agents, employees and volunteers shall be additional insured to the full limits of liability purchased by the Provider even if those limits of liability are in excess of those required by this Agreement. d. The Provider's insurance coverage shall be primary insurance with respect to the City, its, officers, elected officials, agents, and employees. Any insurance or self-insurance maintained by the City, its officers, officials, agents, employees, or volunteers shall be in excess to the coverage of the Provider's insurance and shall not contribute to it. e. The Provider's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. f. Coverage provided by the Provider shall not be limited to the liability assumed under the indemnification provisions of this Agreement. g. The policies shall contain a waiver of subrogation against the City, its officers, officials, agents, and employees for losses arising from work performed by the Provider for the City. 2. Workers' Compensation and Employer's Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, its officers, elected officials, agents, employees and volunteers for losses arising from work performed by the Provider for the City. 6.1 Notice of Cancellation. Each insurance policy required by the insurance provisions of this Agreement shall provide the required coverage and shall not be suspended, voided or canceled except after sixty (60) days prior written notice has been given to the City, except when cancellation is for non-payment of premium, then at least ten (10) days prior notice shall be given to the City. Such notice shall be sent directly to: Jeff McKito Public Information Manager City of Lubbock 1625 13`h Street Lubbock, Texas 79401 6.2 Acceptability of Insurers. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Texas and with an "A.M. Best" rating of not less than A- VII, or receiving prior approval by the City. The City in no way warrants that the above -required minimum insurer rating is sufficient to protect Provider from potential insurer insolvency. 6.3 Verification of Coverage. Prior to commencing work or services, Provider shall furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by this Agreement. The certificates for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and any required endorsements shall be received and approved by the City before work commences. Each insurance policy required by this Agreement shall be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal shall constitute a material breach of contract. All certificates required by this Agreement shall be sent directly to Jeff McKito, Public Information Manager, City of Lubbock, 1625 13th Street, Lubbock, TX 79401. The City project/contract number and project description shall be noted on the certificate of insurance. The City reserves the right to request and receive within ten (10) days, complete, certified copies of all insurance policies required by this Agreement at any time. The City shall not be obligated, however, to review same or to advise Provider of any deficiencies in such policies and endorsements, and such receipt shall not relieve Provider from, or be deemed a waiver of the City's right to insist on, strict fulfillment of Provider's obligations under this Agreement. 6A Subcontractors. Providers' certificate(s) shall include all subcontractors as additional insureds under its policies or Provider shall furnish to the City separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above. 6.5 Approval. Any modification or variation from the insurance requirements in this Agreement shall be made by the City Attorney's office, whose decision shall be final. Such action shall not require a formal amendment to this Agreement, but may be made by administrative action. 7. DEFAULT AND TERMINATION 7.1 Events of Default Defined. The following shall be Events of Default under this Agreement: 7.1.1 Any material misrepresentation made by Provider to the City; 7.1.2 Any failure by Provider to perform its obligations under this Agreement including, but not limited to, the following: 7.1.2.1 Failure to commence work at the time(s) specified in this Agreement due to a reason or circumstance within Provider's reasonable control; 7.1.2.2 Failure to perform the work with sufficient personnel and equipment or with sufficient equipment to ensure completion of the work within the specified time due to a reason or circumstance within Provider's reasonable control; 7.1.2.3 Failure to perform the work in a manner reasonably satisfactory to the City; 7.1.2.4 Failure to promptly correct or re -perform within a reasonable time work that was rejected by the City as unsatisfactory or erroneous; 7.1.2.5 Discontinuance of the work for reasons not beyond Provider's reasonable control; 7.1.2.6 Failure to comply with a material term of this Agreement, including, but not limited to, the provision of insurance; and 7.1.2.7 Any other acts specifically stated in this Agreement as constituting a default or a breach of this Agreement. 7.2 Remedies. The following shall be remedies under this agreement. 7.2.1 Upon the occurrence of any Event of Default, the City may declare Provider in default under this Agreement. The City shall provide written notification of the Event of Default and any intention of the City to terminate this Agreement. Upon the giving of notice, the City may invoke any or all of the following remedies: 7.2.1.1 The right to cancel this Agreement as to any or all of the services yet to be performed; 7.2.1.2 The right of specific performance, an injunction or any other appropriate equitable remedy; 7.2.1.3 The right to monetary damages; 7.2.1.4 The right to withhold all or any part of Provider's compensation under this Agreement; 7.2.1.5 The right to deem Provider non -responsive in future contracts to be awarded by the City; and 7.2.1.6 The right to seek recoupment of public funds spent for impermissible purposes. 7.2.2 The City may elect not to declare an Event of Default or default under this Agreement or to terminate this Agreement upon the occurrence of an Event of Default. The parties acknowledge that this provision is solely for the benefit of the City, and that if the City allows Provider to continue to provide the Services despite the occurrence of one or more Events of Default, Provider shall in no way be relieved of any of its responsibilities or obligations under this Agreement, nor shall the City be deemed to waive or relinquish any of its rights under this Agreement. 7.3 Right to Offset. Any excess costs incurred by the City in the event of termination of this Agreement for default, or in the event the City exercises any of the remedies available to it under this Agreement, may be offset by use of any payment due for services completed before termination of this Agreement for default or the exercise of any remedies. If the offset amount is insufficient to cover excess costs, Provider shall be liable for and shall remit promptly to the City the balance upon written demand from the City. 8. GENERAL PROVISIONS 8.1 Headings. The article and section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 8.2 Jurisdiction and Venue. This Agreement shall be administered and interpreted under the laws of the State of Texas. Provider hereby submits itself to the original jurisdiction of those courts located within Lubbock County, Texas. 8.3 Attorney's Fees. If suit or action is initiated in connection with any controversy arising out of this Agreement, the prevailing party shall be entitled to recover in addition to costs such sum as the court may adjudge reasonable as attorney fees, or in event of appeal as allowed by the appellate court. 8.4 Severability. If any part of this Agreement is determined by a court to be in conflict with any statute or constitution or to be unlawful for any reason, the parties intend that the remaining provisions of this Agreement shall remain in full force and effect unless the stricken provision leaves the remaining Agreement unenforceable. 8.5 Assignment. This Agreement is binding on the heirs, successors and assigns of the parties hereto_ This Agreement may not be assigned by either the City or Provider without prior written consent of the other. 8.6 Conflict of Interest. Provider covenants that Provider presently has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Provider further covenants that in the performance of this Agreement, Provider shall not engage any employee or apprentice having any such interest. The parties agree that this Agreement may be cancelled for conflict of interest in accordance with applicable laws. 8.7 Authority to Contract. Each party represents and warrants that it has full power and authority to enter into this Agreement and perform its obligations hereunder, and that it has taken all actions necessary to authorize entering into this Agreement. 8.8 Integration. This Agreement represents the entire understanding of City and Provider as to those matters contained in this Agreement, and no prior oral or written understanding shall be of any force or effect with respect to those matters. This Agreement may not be modified or altered except in writing signed by duly authorized representatives of the parties. 8.9 Non -appropriation. If the City Council does not appropriate funds to continue this Contract and pay for charges hereunder, the City may terminate this Contract at the end of the current fiscal period, or at the time that funds are no longer available to meet the City's payment obligations hereunder. The City agrees to give written notice of termination to the Provider at least sixty (60) days prior to any termination for a lack of funds and will pay to the Provider all approved charges incurred prior to Provider's receipt of such notice. 8.10 Subcontractors. This Agreement or any portion thereof shall not be sub- contracted without the prior written approval of the City. No Subcontractor shall, under any circumstances, relieve Provider of its liability and obligation under this Agreement. The City shall deal through Provider and any Subcontractor shall be dealt with as a worker and representative of Provider. Provider assumes responsibility to the City for the proper performance of the work of Subcontractors and any acts and omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between the City and any Subcontractor or Sub -Subcontractor, including but not limited to any third -party beneficiary rights. 8.11 Waiver. No failure to enforce any condition or covenant of this Agreement by the City shall imply or constitute a waiver of the right of the City to insist upon performance of the condition or covenant, or of any other provision of this Agreement, nor shall any waiver by the City of any breach of any one or more conditions or covenants of this Agreement constitute a waiver of any succeeding or other breach under this Agreement. 9. DISCLOSURE OF AGREEMENT; INTERLOCAL ARRANGEMENTS 9.1 Disclosure of Agreement Terms. The terms and conditions of this Agreement may be disclosed by either party to other public agencies for the purpose of such other agencies purchasing services under this Agreement pursuant to an interlocal or cooperative arrangement with the City. In addition, Provider may disclose the terms and conditions of this Agreement in an effort to show that the terms offered to another public agency are fair and reasonable or to determine the best value. It is understood that the Provider shall not be precluded from disclosing the terms and conditions of its form of Service Agreement to any other third party at Swagit"s sole discretion and for any reason. 9.2 Included Parties; Interlocal Agreement. Pursuant to any interlocal, intergovernmental, or other such cooperative agreement with the City, Provider will accept orders from, and will furnish the Provider's Software, Hardware, Professional Services, and Managed Services as outlined in the Proposal to any governmental agency or other public entity authorized by the City to use the Proposal, based upon substantially the same terms and conditions of this Agreement, with the exception of price schedules. 9.3 Political Subdivision Participation. The Provider agrees to supply, sell, and contract separately with other similar or related political subdivisions (i.e., colleges, school districts, counties, cities, etc.) of the City, based upon substantially the same terms and conditions of this Agreement, with the exception of price schedules, in an effort to establish the terms and conditions as fair and reasonable. 10. DURATION This Agreement shall become effective on the last day of execution by the parties, and shall continue in force for an initial term of twenty four (24) months, unless sooner terminated as provided above. All pricing is to remain firm during the contract period. The City and the contractor may, upon written mutual consent, extend the contract for two (2) additional one (1) year periods unless this Agreement is terminated by either party providing written notice of its intent to terminate the Agreement to the other party not less than sixty (60) days prior to the end of the then current term. City of Lubbock, TX Tom Martin, Mayor ATTEST: Q��e' 31,41 Rebecca Garza, Ci ecret APPROVED AS TO CONTENT: G.- Mar Yea ood, A sistant City Manager APPRO VED AS'TO FORM: Assistant City Attorney Swagit Productions, LLC PreAdent EXHIBIT A SCOPE OF WORK Resolution Na. 2011—R0295 ((r.�)) SW.agit Scope of Services - Exhibit A EASE Solution Built upon years of industry experience, Extensible Automated Streaming Engine (EASE) is a software framework comprised of foundation and extension modules that work together to automate many otherwise manually intensive tasks. This completely hands -off solution meets the current and future needs of your entity without creating any additional work for the city's clerks or webmasters, •Video Capture and Encoding EASE Encoder records content according to your broadcast schedule and transfer the recorded audio/video to the Swagit Content Network via a secure Virtual Private Network (VPN) connection, making it available for live and/or on -demand streaming. •Indexing and Cross Linking Using your published meeting agendas as a guide, Swagifs Managed Service Division (SMSD) index's the meetings without any work from the city. SMSD will annotate your content by adding jump -to points with specific item headings, giving users the greatest flexibility to find the specific content they need. With these jump -to points, users can step through video by searching for or clicking specific items. *Agenda Management Integration If meeting packets or other related information is available online, SMSD will link them directly to the video player for easy access. Swagit's EASE solution integrates with all Document/Agenda Management solutions. •Archiving Client audio/video can be stored securely on the Swagit Content Network indefinitely. Fault tolerance and high availability is assured through replication of audio/video content to multiple, geographically redundant, Storage Area Networks (SAN). Our standard packages include 80GB of storage, enough for approximately three full years of city council meetings. • Presentation By navigating through the video library, users can view a list of meetings chronologically and once in a selected meeting you can unleash the power of the jump -to markers to search for specific points within individual audio/video clips. • Delivery In order to deliver on -demand content to end users in a format that is native to their computer's operating system, Swagit can deliver content in all major streaming video formats: Flash, Windows Media, QuickTime and Real. Swagit is proud to support Flash as its default format, which has proven itself as the format of choice from such vendors as YouTube, Google Video, Myspace, ABC and NBC/Universal. Currently, Flash has a 99% ubiquity rate amongst all the platforms. Swagit can provide Windows Media format (70% ubiquity) however, using Windows Media format may exclude Apple users*. ((ca) swag it EASE Solution • Monitoring Swagit is monitoring all aspects of the Swagit Content Network to ensure its health and availability. This monitoring extends to cover remote Swagit EASE Encoders deployed on client premises. in the rare event of trouble our engineers are promptly notified so that they may dispatch a swift response in accordance with our support procedures. •Statistics Swagit collates log files from our streaming servers monthly and processes them with the industry recognized Google Analytics. Google Analytics generates reports ranging from high-level, executive overviews to in depth quality of service statistics. These reports help to highlight growth trends and identify popular content. •Support Beyond our proactive monitoring and response, Swagit offers ongoing, 24/7 technical support for any issues our clients may encounter. While our choice of quality hardware vendors and a thorough pre - installation testing phase go a long way toward ensuring trouble free operation of our EASE Encoders, we do recognize that occasionally unforeseen issues arise. In the event that our engineers detect a fault, they will work to diagnose the issue. If necessary, next business day replacement of parts will be completed. Swagit offers continual software updates and feature enhancements to our services and products for the life of your managed services contract. IIRA.111111. tur•tii� ryger:dx Arrl.'¢vr. ti¢..�r� u��sr.:rihe !J ttem 10 ! . Reny Cl^ ;L1 ttsn Q eL; _.JRsm C.3 �,` �OItlHttCf�[5 I�t )8l16O ( IIsm F 0+ Map A � flakem. hr TNma n +n. r.nr.a q tem G {,.t Roll III 1X.i¢..f +N.yurt PrYNlh.4C•1 S*O 7i 1 Naws lags" (7 moluha) '^ _ Dur.tia.�< 14 rt'+n PerMi.6 hp ff.wyltscrn `je19 850 Central Parkway E., Suite 100 - Plano, TX 75074.214-432-5905 - www.swagit.com 2 ((©}a swa g .i• t . . . . . e.d Optional Services AT&T U-Verse® Integration Many Public Access, Educational and Government (PEG) channels now have the opportunity to reach a new group of broadcast subscribers via AT&T U-Verse TV service. To reach these subscribers, U-Verse requires a 480x480 pixel Windows Media VC-1 stream at 1.25Mbs. Our EASE encoder is not only capable of creating a live U-Verse compatible stream, but it can also simultaneously encode a video stream, of your choosing (i.e. Flash, Windows Media, QuickTime, Real, etc.), for Internet distribution. AT&T U-Verse and Swagit Productions, LLC both have headquarters located within the Dallas, Texas area. This allows the two companies to work together seamlessly for the betterment of government transparency. The partnership combined with Swagit's `hands -free' streaming solutions, helps increase accessibility of government programming. Additionally, adding another form of distribution for content using a single solution not only saves money, but also makes things easy. The City of Allen was able to deploy their content to AT&T U-Verse TV by leveraging their existing partnership with Swagit. "We have been using Swagit for on-line video on -demand since 2004 and have been very happy not only with the integrity of the product, but also with the quality of customer service," said ACTV Executive Producer Mark Kaufmann. "With the recent addition of Live streaming services, the opportunity opened to connect to AT&T's U-Verse TV network. We knew it was the right decision as we are constantly trying to find creative, cost- effective ways to reach more viewers," 850 Central Parkway E., Suite 100 • Plano, TX 75074.214-432-5905 - www.swagit.com 3 oca) swag ) 1 ... d Investment -Streaming Video Streaming Video Monthly Managed Services item Y-escription T 1 Package 1— Up To 50 Indexed Meetings per year (EASE) - Includes Media On. Demand, 24/7 LIVE Stream, and up to 12 hours of additional specialty content per 1 $1,200.00 month No staff involvement --Hands Free Package Overage Costs Each Additional Edited and Indexed On -Demand Meeti Each Year of Storaee Bevond 36 Month Window 850 Central Parkway E., Suite 100 - Piano, IX 75074.214-432-5905 • www.swagit.com 4