1 PUBLIC TELEVISION MANAGEMENT SERVICES AGREEMENT
This Service Agreement (“Agreement”) is made and entered into between the Santa Clarita Public Television Authority (“ Authority”) and SCVTV (“Contractor”), as an independent contractor, for the operational m anagement, production and oversight of video programming to be shown on the City of Santa Clarita ’s Public, Educational and Governmental (PEG) C hannel carried on the cable and video systems serving the Santa Clarita Valley.
1. Scope of Services
Contractor shall provide the following services during the term of this Agreement:
a. Provide Staffing . Provide staffing to manage and operate the PEG facility located at 22505 14th Street, Santa Clarita, CA 91321 until the Citrus Building at 26330 Citrus Street, Santa Clarita, CA 91355 is operational. Provide staffing necessary to operate and manage PEG facility production and playback equipment. Supervise college interns and volunteers.
b. Coordinate Playback Schedule . Coordinate and schedule programming produced by SCVTV and by others for playback on the PEG channel(s) and stream the PEG channel feed on a SCVTV website.
c. Production. Retransmit public agency and bona fide non- profit organizations’ press releases on one or more of SCVTV’s websites and on SCVTV’s socia l media networks, and adapt content for television. Retransmit pre -produced public agency and non- profit organizations’ videos on one or more of SCVTV’s websites, on SCVTV’s social media networks and PEG channel.
d. Sponsored Programming. Provide additional programming based on community interest and requests, only if full sponsorship is available.
e. Broadcast of Member Agency Board Meetings. At the request of Members of the Authority, and where technically feasible, Contractor will air Member Board meeti ngs live on the PEG Channel, including all regularly scheduled City of Santa Clarita City Council meetings.
f. Act on behalf of the Authority . Work on behalf of the Authority Board of Directors to fulfill operational priorities as identified and directed by the Board of Directors.
g. Programming. Produce programs focusing on various aspects of the quality of life in the Santa Clarita Valley.
i. Community Magazine and Event Coverage: Regularly produce “SCVTV’s Community Corner” or a similar program which supports the communication efforts of schools and civic agencies, and provide them with an opportunity to communicate directly with SCV residents about 2 their services and needs. Additionally, provide coverage of a minimum of eight community events. (A minimum of 25 episodes, and/ or 15 hours of programming, and/ or 75 segments annually, whichever is of greater value, for a cost of $120,000. Depending on specific program and segment lengths, this constitutes approximately 15 hours of programming.)
ii. Humanities Programming: Produce humanities programs about the Santa Clarita Valley, its history and culture. This may include programs about the history, film, music, and the arts. SCVTV is prepared to work with the JPA and City Communications team to solicit feedbac k about which of these programs and subjects the community values most. (A minimum of
1.5 hour s of programming, and up to 20 segments and/or mini - documentaries depending on their length and production complexity for a cost of $30,000.)
h. Citrus Facility Engineering and System Integration: Provide engineering consulting, design consulting, system integration, and equipment installation for the new Citrus Facility. These services include but are not limited to:
i. Collaborating with City staff to determine the technical requirements of the Citrus Facility.
ii. Conducting engineering assessments and providing equipment and design recommendations.
iii. Regularly consulting with hired architects, engineers, contractors and staff to ensure that costs remain low and functionality is maximized. iv. Integrate existing 14
th Street facility systems with any new equipment
required to ensure seamless operation of the Citrus Facility. v. Installing equipment as per specifications
2. Compensation
The Authority shall pay Contractor in the amount listed in the table below for each year of this Agreement. Services rendered consistent with the scope of services identified in Section 1 “A” through “F” shall be paid from the City’s General Fund, services rendered in Section 1 “G” of this Agreement shall be paid for from the Public, Education and Government (PEG) fund, and lastly services rendered in Section 1 “H ” of this Agreement shall be paid from the City’s Citrus Fund. Payments will be made in equal installments due on the first of each month. Payments for services identified in Section 1 “A” through “F” will be increased by 4.3% in Year 2.
Specifically, the amount paid each year shall be:
Account Fiscal Year 2024-25 Fiscal Year 2025-26
General Fund 162,000.00$ 169,000.00$
PEG 150,000.00$ 150,000.00$
Citrus Fund 30,000.00$ 30,000.00$
Total 342,000.00$ 349,000.00$
3 3. Reimbursement of Expenses
The Authority shall reimburse the Contractor all reasonable and pre-approved expenses incurred by the Contractor in connection with cost of operating public television within the scope of services rendered in this Agreement. Reimbursed expenses must be approved by the Authority Board Secretary. Expenses in excess of $500 must b e brought before the Authority Board Members. Any reimbursed expenses must be submitted within 45 days from the purchase.
4. Term
The term of this Agreement will be from July 1, 2024 to June 30, 2026 not to exceed the above amount, contingent upon the appropriation of funds by the Santa Clarita City Council and contribution of such funds to the Authority unless prematurely terminated by either party consistent with the terms of this Agreement.
5. Policies and Procedures
Contractor shall ensure that all public access programming meets the current version of the Authority’s “Policies and Procedures” for the PEG Channel as they may be amended from time to time. The current version is Exhibit A (updated on September 10, 2018) and is attached and incorporated herein by reference. If there is any conflict betw een the terms of this A greement and any Policies and P rocedures, the Policies and Procedures shall control. Contractor shall ensure that no public access or educational access programming is aired which is “obscene” or otherwise unprotected by the United States Constitution.
6. Non-Offensive and Non-Partisan
Political issues may be discussed as part of programming provided by Contractor , so long as such programming is non-partisan and objective in its presentation of the issues. In no event shall any advertising, underwriting or sponsorship recognition be used to promote or oppose a qualified ballot measure or candidate standing for elective office. This provision extends to any non-television communication platf orm under the control of SCVTV and which shares content generated for Santa Clarita Public Television.
7. Compliance With Laws and Local Regulations
All Programming and all of Contractor’s operations must comply with all federal, state, and local laws, regulations and authorities addressing access or cablecast requirements, including Title 18, Section 1468 of the U.S. Code, which ensures that cablecasting of questionable material be aired at appropriate times.
8. Preemption of Programming
Notwithstanding any other provision of this Agreement, the Authority may override any programming to provide information, news, or programming which the Authority reasonably deems to be of broad community interest, which includes, but is not limited to, a broadcast of any City Council meeting, or meeting of any other governmental body.
9. Advertising, Underwriting or Sponsorship Recognition To offset Contractor’s costs in producing and/or airing programming, six minutes of every 30- minute segment of programming aired on the PEG C hannel may be interrupted with “advertising, underwriting, or sponsorship recognition” within the meaning of Public Utilities Code § 5870(b). To the extent that such receipts exceed all Contractors' expenses, inclusive of 4 costs associated with staff, equi pment, and production and/or airing programming, the payments for such advertising, underwriting or sponsorship recognition shall accrue to a holding account for disbursement Authority for re-allocation to support public television operations.
10. Independent Contractor
The parties agree and understand that Contractor will not be an employee of the Authority , but will be solely an independent contractor acting under the terms and conditions specified herein and as a self -employed person, shall be solely responsible for payment of federal and state income and other taxes, and will not be an employee of Authority for Worker's Compensation or any other purposes, will not have Unemployment Insurance Benefits, Social Security coverage, or other employee benefits. C ontractor understands and agrees that neither Contractor nor any person employed by Contractor shall be in any way an employee of City, as that term is defined in the California Labor Code.
11. Indemnity
Contractor agrees to indemnify, defend, and hold harmle ss Authority and all of its officers, agents and employees from any and all liability, claims, damages, or injuries to any person, including injury to Contractor’s employees and all claims, which arise from or are connected with the negligent performance of this Agreement, and all expenses of investigation and defending against same provided, however, that this indemnification and hold harmless shall not include any claim arising from the active negligence or willful misconduct of the Authority , its agents, or employees.
12. Waiver of Liability
Contractor shall provide a waiver releasing Authority from all liability resulting from Contractor’s use of business and/or personal vehicles on project in the form attached hereto.
13. Worker’s Compensation Insurance
Contractor shall procure and maintain Worker’s Compensation Insurance in the amount as will fully comply with the laws of the State of California and shall indemnify, insure, and provide legal defense for both Contractor and Authority against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by Contractor in the course of carrying out this Agreement. However, if Contractor does not have employees, he/she may be exempt from the Labor Code and must sig n an affirmation of such. PEG Channel volunteers shall be eligible to enroll in City of Santa Clarita’s volunteer program, where under the City provides Workers Compensation Insurance coverage.
14. Termination for Cause
If, through any cause, Contractor fails to fulfill in a timely and proper manner its obligations under this Agreement or if Contractor violates any of the covenants, agreements, or stipulations of this Agreement, the Authority may provide Contractor with written notice of such violation(s).
If Contractor fails to diligently pursue a cure of all such violation(s) within fourteen ( 14) days of its receipt of such notice, or if, for any reason, all such violation(s) are not cured within thirty (30) days of receipt of the written notice, the Authority may terminate this Agreement by giving thirty (30) days written notice to Contractor of such termination and specifying the effective date of such termination.
5 15. Amendments Only in Writing
This Agreement shall not be amended, except by a writing execut ed by both parties to this Agreement.
16. Entire Agreement
This Agreement represents the entirety of contracts and agreements relating to the operational management of Authority’s PEG facility and playback of programming on City of Santa Clarita's PEG Channel. So long as the present Agreement remains in force, Authority shall not enter into any contract or agreement which would impair or infringe upon Contractor's exclusive authority to perform any task referenced herein.
IN WITNESS WHEROF the parties hereby execute this contract:
CONTRACTOR:
By: ______________________________________
Susan Shapiro, President
SCVTV
Date: _____________________________________
SANTA CLARITA PUBLIC TELEVISION AUTHORITY:
By: ___________________________________
Bob Brauneisen, Board President
Santa Clarita Public Television Authority
Date: _____________________________________