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HomeMy WebLinkAbout2019-09-24 - AGENDA REPORTS - PUBLIC ACCESS, EDUCATIONAL, AND GOVERNMENT (PEG) T (2)Agenda Item: 8 DATE: September 24, 2019 SUBJECT: PUBLIC ACCESS, EDUCATIONAL, AND GOVERNMENT (PEG) TELEVISION MANAGEMENT CONTRACT DEPARTMENT: City Manager's Office PRESENTER: Kevin Strauss RECOMMENDED ACTION City Council: Authorize funding for a five-year Public Television Management Services Agreement with Santa Clarita Valley Television for the ongoing management and programming of Time Warner and AT&T for playback, programming, and production studio operations from October 1, 2019, through June 30, 2024, in the amount not to exceed $179,843 for the remainder of Fiscal Year (FY) 2019-20; $249,769 for FY2020-21; $259,762 for FY2021-22; $269,755 for FY2022-23; and $269,755 for FY2023-24, respectively, for each year. 2. Appropriate funds in the amount of $90,000 from the Public Access, Educational, and Government funds to Expenditure Account 12205-5401.008, and $89,943 from the General Fund to Public Television Account 11501-5401.008. Decrease Council Contingency Account 19300-5401.001 by $89,943. 3. Authorize the City Manager or designee to execute all contracts and associated documents contingent upon the appropriation of funds by the City Council in the annual budget for such fiscal year, and execute all documents subject to City Attorney approval. BACKGROUND Due to changes in California law, effective January 2, 2009, cable companies are no longer legally obligated to provide production support for Santa Clarita's Public Access, Education, and Government (PEG) channels, which include Time Warner/Spectrum channel 20 and AT&T channel 99. With the passage of the Digital Infrastructure and Video Competition Act (DIVCA), cities gained access to PEG funds to support public access television. PEG funds are restricted funds that can only be used to support capital -related costs associated with the support of public Page 1 television. In 2009, following more than a year of work, and nearly one dozen meetings with interested stakeholders, the City Council took formal action to approve the Santa Clarita Public Television Authority (SCPTA). The SCPTA encompasses multiple local public agencies in Santa Clarita, which collectively oversee operations associated with Public Television in the Santa Clarita Valley. The SCPTA was created in a manner which designates the Chief Administrative Officer of each participating agency to serve as that agency's representative to the SCPTA. This permits each member agency to leverage their particular area of expertise to determine how best to manage local public television resources. In 2008, the City of Santa Clarita (City) circulated a Request For Proposal (RFP) for the purpose of soliciting parties interested in managing day-to-day operations of public television in Santa Clarita. The City received two proposals from interested parties on July 31, 2008. During negotiations, one of the interested parties withdrew its proposal. Ultimately, on December 9, 2008, the City Council awarded an agreement for the day-to-day operations of public television to Santa Clarita Valley Television (SCVTV). SCVTV is a 501(c)(3) nonprofit that provides television, webcasting, podcasting, and new media services for the local public, nonprofit agencies, and government institutions. SCVTV provides 24/7 community programming to nearly every Santa Clarita Valley household via Time Warner Cable/Spectrum (channel 20), AT&T (channel 99), SCVTV.com (live channel stream and video on demand), and various internet and social media websites such as YouTube, Vimeo, and Facebook. SCVTV operates the City's PEG channels under contract with the SCPTA, whose members as of September 1, 2019, include the City, the Santa Clarita Community College District, the William S. Hart Union High School District, the Castaic Union School District, the Newhall School District, the Saugus Union School District, and the Sulphur Springs Union School District. In November 2015, the SCPTA voted to create and circulate an RFP for the management of public television in Santa Clarita, which was published and circulated in March and April 2016. During the circulation, the RFP was viewed by 25 interested parties. A total of three interested parties participated in the RFP bidders' conference; however, only one interested party, SCVTV, ultimately submitted a completed proposal. On September 7, 2016, the SCPTA Board voted in favor of recommending a one-year public television management services agreement with SCVTV, with the option to extend the contract for up to two additional years. The existing agreement between SCVTV and the SCPTA, which was for the amount of $190,000 yearly ($90,000 in General Fund monies and $100,000 in PEG funds), expires September 30, 2019. On February 25, 2019, the SCPTA Board met to discuss the process of finding a long-term solution for public television management in Santa Clarita. At the public meeting, the SCPTA Page 2 Board voted to forego the RFP process and instead directed City staff to enter negotiations on a new contract with SCVTV. At its Regular Meeting on August 26, 2019, the SCPTA Board voted to approve the proposal set forth below, subject to the funding approval of the Santa Clarita City Council. This proposed agreement recommends an increase to the current $190,000 in annual compensation provided to SCVTV to oversee the management of public television operations, specifically to account for increases in minimum wage requirements. Minimum wage requirements have increased locally and will increase over the next four years. However, the prior agreement with SCVTV did not account for these increased operating costs. This proposed agreement would pay SCVTV $179,843 for the remainder of FY2019-20 by using City General Fund money ($89,843) and PEG funds ($90,000). During FY2020-21, $129,769 would be appropriated from the General Fund, while $120,000 in PEG funds would be contributed. The General Fund contribution would increase to $139,762 in FY2021-22 and $149,755 in FY2022-23 and FY2023-24 in line with required minimum wage increases. PEG contributions will remain at $120,000 per year. Specifically, the proposed amount paid each year to SCVTV to support public television under this agreement is: Source FY2019-20 FY2020-21 FY2021-22 FY2022-23 FY2023-24 General Fund $89,843 $129,769 $139,762 $149,755 $149,755 PEG $90,000 $120,000 $120,000 $120,000 $120,000 Total $179,843 $249,769 $259,762 $269,755 $269,755 Under the proposed agreement, SCVTV would be required to manage the City's public television studio a minimum of 35 hours per week inclusive of playback, programming, and production studio operations. Further, SCVTV will be responsible for creating and airing original programming throughout the year that benefits the community, including: • Arts and Culture Series - Program featuring arts, activities, and artist profiles within the Santa Clarita Community (production cost of $28,350, being purchased with PEG funds); • Concert Series Program - Program based on coverage of musical performances in the Newhall Arts district or within the Santa Clarita Community (production cost of $40,490, being purchased with PEG funds); • Local History Program - Program exploring and discussing the historical aspects of Santa Clarita through interviews and historical photos. Also, featuring long time SCV residents and/or subject experts in Santa Clarita history (production cost of $18,200, being purchased with PEG funds); • SCV in the Movies - Movie history expert hosted show, with photos and history discussing a feature film with a Santa Clarita connection (production cost of $12,960, being purchased with PEG funds); Page 3 • News Magazine Series - Program exploring and discussing local topics and issues relevant and important to residents in Santa Clarita. Topics featured include non-profit organization features, updates from local school districts, and other educational programming (production cost of $20,000, being purchased with PEG funds). The cost for each program was determined by reviewing the average cost of similar programs produced by comparable production companies. The estimated value for each program series also takes into account what it would normally cost the City to hire an outside vendor to produce a similar type of program. Annually, SCVTV reports to the SCPTA board its accomplishments and programming updates. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT Upon approval of the recommended actions, the operating budget will be adjusted accordingly contingent upon the approval of funds by the City Council in the annual budget for such fiscal years. ATTACHMENTS Public Television Operational Agreement with SCVTV 2019 (available in the City Clerk's Reading File) Page 4 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 management, production and oversight of video programming to be shown on the City of Santa Clarita's Public, Educational and Governmental (PEG) Channel 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 14'h Street, Santa Clarita, CA 91321. 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 social 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 high school football game coverage and produce morning show or similar show type, only if full sponsorship is available. e. Broadcast of Member Agency Board Meetings. At the request of Members of the Authority, Contractor shall record Member Agency Board meetings for airing on the PEG Channel. Where technically feasible, Contractor will air such meetings 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 five programs focusing on various aspects of the quality of life in the Santa Clarita Valley. i. Arts & Culture Series: Program featuring arts, activities and artist profiles within the Santa Clarita Community. ii. Concert Series: Program based on coverage of musical performances in the Newhall Arts district or within the Santa Clarita Community. 1 iii. Local History Program: Program exploring and discussing the historical aspects of Santa Clarita through interviews and historical photos. Also, featuring long time SCV residents and/or subject experts in Santa Clarita history. iv. SCV In the Movies: Movie history expert hosted show, with photos and history discussing a feature film with a Santa Clarita connection. v. News Magazine Series: Program exploring and discussing local topics and issues relevant and important to residents in Santa Clarita. Topics featured include non-profit organization features, updates from local school districts and other educational programming. 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, while services rendered in Section 1 "G" of this Agreement shall be paid for from the Public, Education and Government (PEG) fund. Payments will be made in equal installments due on the first of each month. Year 1 payments will be prorated in accordance with Section 4 of this Agreement ("Term"). Payments for services identified in Section 1 "A" through "F" will be increased yearly to coincide with increases in the City of Santa Clarita's minimum wage standards. Payments will increase 8.33% for Year 2, 7.7% for Year 3 and 7.15% for Year 4. Specifically, the amount paid each year shall be: Account FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 General Fund $89,843 $129,769 $139,762 $149,755 $149,755 PEG $90,000 $120,000 $120,000 $120,000 $120,000 Total $179,843 $249,769 $259,762 $269,755 $269,755 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 be 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 October 1, 2019 to June 30, 2024 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. Year 1 shall last from October 1, 2019 to June 30, 2020, with subsequent years lining up with the City of Santa Clarita's fiscal year (July -June). 5. Policies and Procedures Consultant 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 between the terms of this Agreement 2 and any Policies and Procedures, the Policies and Procedures shall control. Consultant shall ensure that no public access, educational or governmental 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 platform under the control of SCVTV and which shares content generated for Santa Clarita Public Television. 7. Compliance With Laws and Local Re-ulations 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 Prozrammin 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. Advertisinz, Underwritinz or Sponsorship Reco,-nition To offset Contractor's costs in producing and/or airing programming, six minutes of every 30 minute segment of programming aired on the PEG Channel 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 costs associated with staff, equipment, 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. Contractor 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 harmless Authority and all of its officers, agents and employees from any and all liability, claims, damages, or injuries to any person, 3 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 sign 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. 15. Amendments Only In Writing This Agreement shall not be amended, except by a writing executed by both parties to this Agreement. 16. Entire A,-reement 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. 4 IN WITNESS WHEROF the parties hereby execute this contract: CONTRACTOR: Leon Worden, Chief Executive Officer SCVTV Date: SANTA CLARITA PUBLIC TELEVISION AUTHORITY: Jeffrey Pelzel, Board President Santa Clarita Public Television Authority Date: