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HomeMy WebLinkAboutOrdinance 3746 ORDINANCE NO_ 3746
_
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND AWARDING THE
PUBLIC ACCESS CONTRACT TO ACCESS 4
FAYETTEVILLE, INC . , A/K/A COMMUNITY ACCESS
TELEVISION .
WHEREAS, on June 15 , 1993 , the City of Fayetteville and Access 4 Fayetteville entered
into a contract for the operation of the public access channel; and,
WHEREAS, the parties to the contract have agreed to exercise the automatic renewal
option with a modification to the payment method; and,
WHEREAS, the parties to the contract do not consider a change in payment method to
be a material change to the contract; and,
WHEREAS, in an overabundance of caution, the City Council is considering this
ordinance waiving the requirement of formal competitive bidding.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS :
Section 1 . The City Council hereby waives the requirement of formal competitive
bidding for the operation of the public access channel for the reason that said requirements are
neither practical nor feasible. Access 4 Fayetteville is familiar with all the responsibilities and
requirements associated with providing public access television services and will allow
continuation of services without interruption.
Section 2 . The City Council hereby approves the contract with Access 4 Fayetteville,
a/k/a Community Access Television, to run the public access television station, and authorizes
the Mayor and the City Clerk to execute such contract, a copy of which is attached hereto as
Exhibit "A" and is made a part hereof. . . I .
PASSED AND APPROVED this 21st day of December 1993 .
APPROVED :
By : f l/sem.
Fred Hanna, Mayor
ATTEST:
By: nam
Sherryt. Thomas, City Clerk
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PUBLIC ACCESS ADMINISTRATION
AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE
AND ACCESS 4 FAYETTEVILLE , INC .
THIS AGREEMENT is made and entered into this day of
L� ._,.._,E .-/ , 1993 , by and between the City of Fayetteville , a
municipal corporation of the State of Arkansas ( hereafter City ) ,
and Access 4 Fayetteville , Inc . , a/k/a Community Access Television ,
( hereafter Contractor ) for the operation of the public access
channel .
SECTION I .
CONTRACT PERIOD .
A . The contract period shall begin the 1st day of
January , 1994 and shall continue until the 31st day of December ,
1994 . However , this agreement may automatically renew for three
( 3 ) consecutive one ( 1 ) year terms . Each such annual renewal term
shall be subject to a favorable recommendation from the Cable Board
to the City Council , approval of renewal by the City Council , and
budget approval by the City Council .
SECTION II .
SERVICES/DUTIES .
A . The Contractor hereby agrees and shall be responsible for
operating the public access channel , which shall entail the
following :
1 . Scheduling and teaching of video production
workshops for the Fayetteville general public and the Fayetteville
schools .
2 . Scheduling of programs on the public access channel .
3 . Cablecasting of programs on the public access
channel .
B . The Contractor shall provide , oversee , administer , and
carry out all of the activities and services set out in this
Agreement with such satisfactory performance as is determined
solely by the City in accordance with all . the terms , provisions and
requirements of the Agreement .
C . In furtherance of the above referenced services and
duties , the parties hereby agree as follows :
1 . Facility :
a . The City shall provide a facility to which the
Contractor shall have access for the performance of their duties
hereunder . Such facility shall be known as the Access Center .
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b . The City shall be responsible for the payment
of the Access Center utilities , routine building and grounds
maintenance and maintenance of the structure .
c . Use of the Access Center conference/breakroom
will be scheduled through the City .
2 . Copier :
a . The Contractor may use the City ' s current
copier at the Access Center for a charge of $ . 015 per copy .
Additionally , the Contractor may use the copier located at the City
Administration Building for the standard charge as is allocated per
copy to the City Departments and Divisions . If the City upgrades
the copier located in the Access Center , Contractor shall pay an
adjusted charge per copy , up to , but not to exceed the standard
City rate charged to City Departments and Divisions as determined
annually .
b . Copy machine maintenance costs will be paid by
the City .
3 . Video Equipment :
a . The City and the Contractor shall each bear
one-half of each separate maintenance expense incurred on the video
equipment used by the Contractor . Contractor ' s total liability
shall be limited to $ 1 , 000 cash and up to $ 1 , 000 in-kind
maintenance on equipment . All in-kind maintenance shall be
mutually agreed upon by City and Contractor .
b . One camera , to be designated by the City , and
one tripod shall not be available for public access checkout . The
reserved equipment shall be used for government productions and
Contractor ' s contract productions . Use of the reserved camera and
tripod will be as scheduled by the City . Additional reservation of
equipment may be required should it be determined , by the City ,
that the equipment was not available as needed for government
channel productions .
C , The City will be responsible for scheduling the
video equipment to be checked out of the Access Center . After
hours scheduling must be confirmed by the City the next business
day before it is finalized . Weekend checkout of equipment must be
confirmed with the City by 5 : 00 Friday afternoon .
d . The Contractor is responsible for training all
public access users on the equipment , certifying their ability to
use the equipment , checking the equipment out to users , and
checking it back into the facility . Contractor will make sure all
of the City ' s equipment used for public access purposes is checked-
out and returned in good working order . Contractor will notify the
City immediately of any problems with equipment .
e . All video production equipment owned by the
City and used for public , educational and/or government access
productions shall be covered under the City ' s insurance policy .
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4 . Phone :
a . The City shall make one telephone line
available for Contractor ' s business use . Contractor shall be
responsible for reimbursing the City , on a quarterly basis , for
this expense at a rate of $ 20 per month .
b . Contractor shall be responsible for their own
long distance telephone calls .
C . Contractor shall be responsible for paying the
costs of their listing in the telephone directory .
d . Contractor shall be responsible for answering
their own phone line . Contractor will have an answering machine on
their line when they are unable to answer calls .
e . Contractor shall not be required to answer the
City ' s telephone lines at the Access Center .
5 . Fees :
a . Contractor ' s fees and charges as public access
service provider shall not exceed those amounts specified in
Attachment A . Any increase in charges or new charges shall be
submitted to the Cable Board for approval and recommendation to the
City Council .
b . There shall be no charge to citizens of
Fayetteville for the use of the public access channel , facilities
or equipment . However , Contractor ' s fees and charges may apply .
c . Persons wishing to use the facility and
equipment , who are not residents of Fayetteville , shall be charged
an amount as specified in Attachment A , in addition to Contractor ' s
fees and charges . Such amounts collected , shall be remitted to the
City on a quarterly basis .
6 . Other/Mise :
a . All communication between the City and the
Contractor with regard to contractual matters will be directed
through the Cable Administrator , or any other such representative
as may be appointed by the City , and the Contractor ' s duly
appointed representative . In the event of a disagreement over the
administration of this agreement , either party may appeal to the
cable board who shall make recommendations to the Mayor or City
Council , as may be required .
b . The use of alcohol , tobacco products , and
illegal drugs is strictly prohibited in the Access Center .
C , Contractor ' s employees shall not park in the
spaces in front of the Access Center .
d . Contractor shall have at least one paid staff
person or a designated volunteer in the Access Center whenever a
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program is being produced in the studio . Contractor shall have a
paid staff person on site during the production of live programming
at the Access Center .
e . Contractor and City shall each bear one-half of
the costs of coffee and supplies used by everyone in the facility ' s
breakroom .
f . Contractor shall be responsible for the
copying , distribution and mailing of all its Board ' s materials .
g . Contractor shall handle scheduling , publicity ,
and registration for its video production workshops .
h . Contractor ' s staff shall do their part to keep
the Access Center clean by keeping the breakroom clean after use by
their staff and public access users .
i . Contractor shall be responsible for placing
messages from non-profit groups and organizations on the public
access channel .
j . Contractor will follow the City ' s rules for the
use of the Access Center .
k . Live shows will be taped by the Contractor and
held for four days . All other shows are on tape and available for
review at the Access Center . The owners of the taped programs will
be asked to leave them for four days if they are not in the tape
library . Accurate cablecast logs will be kept by Contractor as
proof of what programs were cablecast .
1 . Ownership title to all capital acquisition ,
supplies , material or any other property purchased with funds
received under this Contract , is vested with the City and
possession of such property shall , upon termination of the
Contract , revert to the City unless otherwise provided for by the
City , in writing . Donations of goods to the Contractor remain with
the Contractor .
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SECTION III .
LEGAL AUTHORITY .
A . The Contractor assures and guarantees that it possesses
the legal authority to enter into this Agreement . Further , that
the person or persons signing and executing this Contract on behalf
of the Contractor have been fully authorized by the Contractor to
execute this Agreement on behalf of the Contractor . That such
authority is evidenced pursuant to a proper , appropriate and
official motion and resolution , which was passed and approved
specifically to enter into this Agreement and shall legally bind
the Contractor to all the terms , performances and provisions herein
set forth . A copy of such resolution shall be provided upon
execution of this Agreement .
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B . The City may exercise its right to either temporarily
suspend or permanently terminate this Agreement if there is a
dispute as to the legal authority of either the Contractor or the
person signing the Agreement to enter into this Agreement . The
City shall not be obligated to pay Contractor for any performance
of the provisions of this Agreement after the City has suspended or
terminated this Agreement as provided in this Section .
SECTION IV .
COMPLIANCE WITH FEDERAL , STATE AND LOCAL LAWS ,
A . The Contractor shall comply with all applicable laws ,
regulations , procedures and policies of the Federal , State and
local governments .
SECTION V .
FUNDING/CONSIDERATION .
A . Consideration ,
1 . The City hereby agrees to pay Contractor the
monthly sum of $ 4166 . 66 for services performed under the terms of
this contract . Each monthly payment will be remitted on or before
the 1.<4t day of each month , beginning January 1994 ,
B . Accounting ,
1 . As additional consideration for this Agreement ,
the City agrees to prepare a monthly financial report for the
Contractor . Further , the City agrees to prepare payroll reports ,
Employment Security Division reports , and Federal and State
withholding tax reports for the Contractor . All reports prepared
shall be based only upon the information provided by the
Contractor . The City has no duty to solicit information for the
listed reports , and represents only that the reports fairly and
accurately represent the information that has been provided by the
Contractor . Further the City ' s agreement to provide this service
does not in any form or manner negate or shift the Contractor ' s
duty to provide certain reports as provided herein .
2 . Contractor shall be responsible and accountable
for the handling of Contractor ' s petty cash .
SECTION VI .
PROGRAMMING .
A . Public access equipment shall be provided on a first
come , first served , non-discriminatory basis , subject only to any
restrictions set forth herein . Public access channel time shall be
made available on a non-discriminatory basis , with consideration
being given to an appropriate scheduling time .
B . Contractor shall require access producers to sign an
agreement warranting that the program they are submitting does not
contain :
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1 . any violation of any state or federal law relating
to obscenity ;
2 , any material that is libelous , slanderous , or other
defamation of character , or an unlawful invasion of
privacy ;
3 , any advertising or material which promotes any
commercial product or service ;
4 , any use of material which violates copyright law ;
or ,
5 , any material contrary to local , state or federal
laws , regulations , procedures and policy .
SECTION VII .
PERSONNEL ,
A . Contractor shall adequately staff the public access
operation to meet the services and duties outlined in this
agreement .
B . During the contract period , the staff for the public ,
educational and government channels will be working together at the
Access Center , The Contractor ' s staff will be expected to work in
a cooperative manner with all groups using the facility .
SECTION VIII .
REPORTS AND INFORMATION .
A . At such times and in such form as the City may require ,
the Contractor shall furnish such statements , records , reports ,
data and information , as the City may request and deem pertinent to
matters covered by this Agreement .
B . The City shall provide the Contractor with equipment
usage forms which are to be completed by Contractor ' s staff as well
as public access users each time equipment is used . Contractor is
responsible for submitting these completed forms to the City within
one working day after the equipment is used .
C . Contractor shall submit quarterly reports on the
operations of the public access channel to the City . This report
shall give the numbers of users in the categories requested for the
grants . Any monthly reports will be for the purpose of reporting
money earned which will be matched and school grant money due .
D . Contractor shall submit an annual report which shall
include a summary of all quarterly reports , review contract
requirements and document compliance with contract requirements .
The annual report will be due sixty ( 60 ) days following the end of
the contract year .
E . In addition to the above listed reports , the Contractor
shall provide the following additional information to the City :
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1 . Reports of stolen or damaged equipment within one
working day of learning of each occurrence .
2 . Requests for changes in any procedures or rules
pertaining to protection or preservation of City owned equipment
and facilities .
3 . All corporate documents , including but not limited
to the Contractor ' s by-laws , articles of incorporation ,
certification of compliance with affirmative action plan and EEO
standards , and a list of Board members .
4 . Amendments or changes to programming policies .
SECTION IX .
AUDIT/REVIEW
A . The Contractor agrees to provide the City with a monthly
financial report summarizing activity during the preceding 30 day
period . Said report shall include income and balance sheet
statements .
B . Contractor shall have a certified public accountant
complete an official review of its financial records annually .
This report shall be submitted to the City by the last day of the
third month after the end of Contractor ' s fiscal year .
SECTION X .
ACCESSIBILITY OF RECORDS ,
A . At any reasonable time and as often as the City may deem
necessary , the Contractor shall make available to the City , or any
of its authorized representatives , all of Contractor ' s records
related to all matters covered by this Agreement and shall permit
the City to audit , examine , make excerpts and copies of such
records , and to make audits of all contracts , invoices , materials ,
payrolls , records of personnel , conditions of employment and other
data relating to matters covered by this Contract .
SECTION XI .
INSURANCE .
A . Contractor shall obtain and keep in force during the term
of this agreement a policy or policies of public liability and
property damage insurance . The coverage , at a minimum , shall be in
the following amounts :
1 . Liability--$ 300 , 000 for injuries resulting to any
one person , and $ 300 , 000 for injuries to more than one person in
any one accident ; and
2 . Property Damage-- $ 300 , 000 resulting from any one
accident .
3 . Worker ' s Compensation for all employees as required
by Arkansas Statutes .
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B . Contractor shall furnish the City with a certificate
showing that such coverage has been obtained and is currently in
effect . Contractor shall not change or cancel any policy of
insurance obtained for the purposes of this agreement except after
thirty ( 30 ) days written notice to City and written acceptance by
the City of such changes or cancellation .
SECTION XII .
DIRECTOR ' S MEETINGS
A . During the term of this Contract , the Contractor shall
cause to be delivered to the City copies of all notices of meetings
of its Board of Directors , setting forth the time and place
thereof . Such notice shall be delivered to the City in a timely
manner to give adequate notice and shall also include an agenda .
B . Minutes of all meetings , if taken , and materials
distributed in meetings of the Contractor ' s Board of Directors , or
committees thereof , shall be submitted to the City .
C . The Contractor ' s Board meetings and records shall be
subject to the provisions of the Arkansas Freedom of Information
Act , Ark , Code Ann . , § 25- 19- 101 et . seq .
SECTION XIII .
BONDING .
A . The Contractor shall obtain a fidelity bond covering all
persons handling funds received or disbursed and/or signing or co-
signing checks to disburse funds under this Agreement , within ten
( 10 ) days of Contract execution . The fidelity bond shall be in an
amount equal to ten percent ( 10 % ) of the City grant award or
$ 5 , 000 , whichever is less . The Contractor shall furnish the City
proof of an adequate fidelity bond prior to the first payment of
funds under this Agreement .
SECTION XIV .
EQUAL OPPORTUNITY .
A . Contractor shall comply with all applicable equal
opportunity , affirmative action and ADA laws or regulations ,
including those of the City of Fayetteville .
B . The Contractor will furnish all information and reports
requested by the City , and will permit access to its books ,
records , and accounts for purposes of investigation to ascertain
compliance with such rules and regulations .
C . In the event of the Contractor ' s non-compliance with the
non-discrimination requirements of this Agreement , this Agreement
may be canceled , terminated , or suspended in whole or in part , and
the Contractor may be debarred from further agreements with the
City .
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SECTION XV .
PERSONNEL POLICIES .
A . Personnel policies shall be established by the Contractor
and shall be available for examination by the City . Public access
operations shall be open to the public the maximum hours permitted
by resources available but at least forty ( 40 ) hours per week . In
planning these times , Contractor shall take into consideration the
needs of the public to include evening and weekend hours .
SECTION XVI .
CONFLICT OF INTEREST .
A . The Contractor covenants that neither it nor any member
of its Board of Directors currently has any interest or shall
acquire any interest , direct or indirect , which would conflict in
any manner or degree with the performance of services required to
be performed under this Agreement . The Contractor further
covenants that in the performance of this Agreement no person
having such interest shall be employed or appointed as a member of
its Board of Directors .
B . The Contractor further covenants that no member of its
Board of Directors or its staff or employees shall possess any
interest in or use their position for a purpose that is or gives
the appearance of being motivated by desire for private gain for
themselves , or others particularly , those with which they have
family , business , or other ties .
co No officer , member , or employee of the City and no member
of its governing body who exercises any functions or
responsibilities in the review or approval of the undertaking or
carrying out of this Agreement , shall :
1 . Participate in any decision relating to the
Agreement which affects his personal interest or the interest of
any corporation , partnership , or association in which he has a
personal financial direct or indirect interest ; or
2 , have any personal financial interest , direct or
indirect , in this Agreement or the proceeds thereof .
SECTION XVII .
POLITICAL ACTIVITY .
A . No portion of the funds received by the Contractor
hereunder shall be used by the Contractor to directly produce any
programs nor to participate in any Contractor-sponsored activities
of a political nature ( including , but not limited to , any activity
to further the appointment , election , defeat or removal of any
applicant , incumbent , or candidate for public office or any
activity undertaken to influence the passage , defeat or final
content of any legislation ) . However , Contractor will cablecast
programs made by the public which express opinions on issues or
candidates .
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SECTION XVIII .
SECTARIAN ACTIVITY .
A . No portion of the funds received by the Contractor here
under shall be used by the Contractor to directly produce any
programs nor participate in any Contractor-sponsored activities
which establish any religion or prohibit the free exercise thereof .
SECTION XIX .
PUBLICITY .
A . In any news release , sign , brochure , or other medium
disseminating information prepared or distributed by or for the
Contractor , mention shall be made of the City of Fayetteville
having made the project possible , i . e . "Access 4 Fayetteville is a
project partially funded by the City of Fayetteville . "
SECTION XX ,
HOLD HARMLESS ,
A . It is expressly understood and agreed by both parties
hereto that the City is contracting with the Contractor as an
independent contractor and that as such , the Contractor shall save
and hold the City , its officers , agents and employees harmless from
all liability of any nature of any kind , including costs and
expenses for , or on account of , any claims , audits exceptions ,
demands , suits or damages of any character whatsoever resulting
from injuries or damages sustained by persons or property ,
resulting in whole or in part from the performance or omission of
any employee , agent or representative of the Contractor . This
Agreement shall not be construed in any manner or form as a waiver
of that Tort Immunity as set out under Arkansas Law .
SECTION XXI .
USE OF CITY PROPERTY ,
A . Contractor hereby recognizes that it is performing
services for the City on City-owned property and that while on such
property , Contractor shall not engage in any activity that
is not directly related to services provided pursuant to this
Agreement .
SECTION XXII ,
OPERATIONAL POLICIES AND PROCEDURES .
A . Contractor ' s policies relating to the use of City owned
equipment and facilities shall be submitted to the Cable Board for
approval and may be reviewed periodically as needed .
SECTION XXIII .
CONTRACT ENTIRE AGREEMENT ,
A . This Agreement , together with the attached Schedule ,
constitutes the entire agreement between the parties hereto , and
any prior agreement , assertion , statement , understanding , or other
commitment antecedent to this Agreement , whether written or oral ,
shall have no force or effect whatsoever , nor shall any agreement ,
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