HomeMy WebLinkAbout161-90 RESOLUTION•
RESOLUTION NO. 161-90
A RESOLUTION AUTHORIZING AN INTERIM
OPERATIONAL SUPPORT GRANT TO FAYETTEVILLE OPEN
CHANNEL AND APPROVAL OF A BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute anagreement with Fayetteville
Open Channel in the amount of $75,000 for interim operational
support grant for a period of October 1, 1990 through September 30,
1991. A copy of the agreement authorized for execution hereby is
attached hereto marked Exhibit "A" and made a part hereof.
Section 2. The Board of Directors hereby approves a budget
adjustment in the $75,000 from the Unreserved Fund Balance to the
Fayetteville Open Channel for an operational grant. A copy of the
budget adjustment approved for execution is hereby attached hereto
marked Exhibit "B" and made a part hereof.
PASSED AND APPROVED this 16th day of October , 1990.
APPROVED:
B ZfiX
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INTERIM PUBLIC ACCESS ADMINISTRATION AGREEMENT
BETWEEN THE CITY OF FAYETTEVILLE
AND FAYET"TEVILLE OPEN CHANNEL, INC.
This AGREEMENT entered into between the City of Fayetteville,
Arkansas, hereinafter called "City!', and Fayetteville Open Channel
hereinafter called "Contractor".
WHEREAS, Contractor has been responsible for administration of
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the public access channel required under the previous cable
television franchise agreement with Warner Cable Communications,
Inc. ("Warner") and is funded directly by Warner under a contract
that expires on or about September 30, 1990, and;
WHEREAS, Warner and the City have entered into a new cable
television franchise agreement that will go into effect on or about
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November 1, 1990; and,
WHEREAS, said franchise agreement provides that the City
shall regulate the use of three (3) channels provided by Warner for
public, educational, and governmental access; and,
WHEREAS, said franchise agreement requires Warner Cable
Communications, Inc. to pay a franchise fee of five percent of
gross revenues, compared to a fee of three percent under the prior
franchise agreement, and the City desires to devote the funds
generated by the fee increase to administration of the three access
channels, and,
WHEREAS, the City desires that Contractor continue to
administer the public access channel for a one-year interim period,
during which the City will determine how best to administer that
channel and the two new channels for governmental and educational
use; and,
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WHEREAS,. Contractor has since 1979 provided to the City and
its citizens a community access television facility serving public,
educational, and governmental access needs, training citizens in
video production, providing programming both live and videotaped,
scheduling and cablecasting of programs of local origination and
interest, managing funds provided by Warner Cable Communications,
Inc. and various contributors, and acquiring and maintaining
equipment, all to the betterment and benefit of the citizens of the
Fayetteville area;
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION I.
DEFINITIONS.
For the purposes of this AGREEMENT, the following terms,
phrases, words and their derivations shall have the meaning given
herein. When not inconsistent with the context, the words used in
the present tense include the future, words in the plural include
the singular and words in the singular include the plural. The
word "shall" is always mandatory and not merely directory.
(a) "Contractor" is Fayetteville Open Channel, Inc.
(b) "City" is City of Fayetteville.
(c) "Warner" is Warner Cable Communications, Inc., its
successors and assigns.
SECTION II.
ADMINISTRATION OF ACCESS PROGRAMMING.
Contractor shall administer the public access channel provided
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under the cable television franchise agreement between the City and
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Warner in the same manner as set forth in Section VII, paragraphs
(1)-(4) and (6), of Contractor's previous agreement with Warner
dated November 4, 1986. Said provisions are expressly incorporated
by reference into this agreement and are applicable in the same
manner as if set forth word-for-word herein.
Contractor shall require access producers to sign an agreement
holding Contract, City, and Warner harmless for program content,
and a written warranty that the program they are submitting does
not contain: (a) any violation of any state or federal law relating
to obscenity; (b) any material that is defamatory or an unlawful
invasion of privacy; (c) any advertising or material that promotes
any commercial product or service; (d) any use of material that
violates copyright law; or (e) any material contrary to local,
state or federal flaws, regulations, or policies.
SECTION III.
PAYMENT TO CONTRACTOR
In return for the services rendered in accordance with this
agreement, City shall pay Contractor the sum of $75,000. The
payment shall be made in -€auf installments, with the first
quarterly payment due on October 1, 1990. Any equipment purchased
by Contractor with said funds shall be the property of the City.
Paymentunder this agreement is in addition to and apart from the
existing arrangement by which Contractor cablecasts meetings of the
City Board of Directors.
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SECTION IV.
CONTRACT PERIOD
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This AGREEMENT shall be in effect for a period of one year
from October 1, 1990 through September 30, 1991.
SECTION V.
REPORTS AND INFORMATION
On February 1, May 1, and August 1, 1990, Contractor shall
provide City with written reports that summarize Contractor's
activities during the preceding three-month period. Said reports
shall include income and balance sheet statements. On October 15,
1991, Contractor shall provide City with an annual -report that
summarizes Contractor's activities since October 1, 1990. The
income and balance sheet statements that accompany the annual
report shall be prepared and attested to by a certified public
accountant. At such times and in such form as City may require,
Contractor shall furnish any other statements, records, documents
or information as City may request and deem pertinent to matters
covered by this agreement.
SECTION VI.
INSURANCE
In order to assure City of Contractor's willingness to perform
the obligations herein assumed, Contractor shall obtain and keep in
force during the term of this agreement a policy or policies of
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public liability and property damage insurance. The coverage, at
a minimum, shall be in the following amounts:
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a. 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
b. Property Damage -- $300,000 resulting from any
one accident.
Contractor shall furnish 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. Nothing in this agreement is
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intended to waive City's immunity under Arkansas law.
- SECTION VII
HOLD HARMLESS
It is expressly understood and agreed by both parties hereto
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that City is contracting with Contractor as an independent
contractor and that, as such, 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, demands, suits or damages of any
character whatsoever resulting in whole or in part from the
performance or omission of any employee, agent, or representative
of Contractor.
SECTION VIII
TERMINATION OF AGREEMENT
This AGREEMENT may be terminated by the City for the following
reasons:.
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(a) Contractor fails to cablecast access programming for a
time period of thirty (30) consecutive days;
"(b) Contractor fails to comply•with any of the applicable
sections of this agreement;,
(c) Contractor fails to safeguard the physical assets
provided by City; or r
(d) Contractor fails'to administer its financial assets in a
manner consistent with'all applicable laws and sound
business practices. -
City shall' notify Contractor of'its intent to terminate the
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agreement pursuant to paragraphs (b), (c), or (d) of this section
by providing written notice which states the reason for
terminations. Upon receipt of written notice, Contractor shall
provide City within five working days a written response stating
Contractor's intended actions. Contractor shall be provided thirty
(30) days from the date of City's notice to terminate the agreement•
to correct the situation identified in the notice. If the
situation is not corrected within the thirty (30) day period, the
agreement shall terminate with no further action required. City
may terminate the agreement immediately, without notice, pursuant
to paragraph (a) of this section.
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FAYE jEVILLE OPEN CHANNEL
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CITY OF FAYETTEVILLE. A
IN -YEAR SUPPLEMENTAL BUDGET, REQUEST
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ACCOUNT NUMBER
Fayetteville Open Channel
PROJECT OR ITEM REQUESTED
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BUDGET OFFICE USE'ONLY
October 1, 1990
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