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Home My WebLink About203-91 RESOLUTION• • RESOLUTION NO. 203-91 A RESOLUTION AUTHORIZING AN EXTENSION OF THE PRESENT CONTRACT WITH FAYETTEVILLE OPEN CHANNEL FOR THE ADMINISTRATION OF THE PUBLIC ACCESS CHANNEL ON WARNER CABLE THROUGH MARCH 31, 1992. • 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 an interim contract with Fayetteville Open Channel for the administration of the Public Access Channel on Warner Cable through March 31, 1992. The 1991 cost of the contract is $9,375 and the 1992 amount of $9,750, is contingent upon 1992 budget approval. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 5th day of November , 1991. APPROVED:: Mayor ATTEST: By:'/^yC�O�.cory//[G/i City Cl k • • • INTERIM PUBLIC ACCESS ADMINISTRATION AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND FAYETTEVILLE 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 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 expired on or about September 30, 1990, and; WHEREAS, Warner and the City have entered into a new cable television franchise agreement that went into effect on or about 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 four and one-half month interim period, during which the City will determine how 1 • • • best to administer that channel and the two new channels for governmental and educational use; and, 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. 2 • • • • • SECTION II. ADMINISTRATION OF ACCESS PROGRAMMING. Contractor shall administer the public access channel provided under the cable television franchise agreement between the City and 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 laws, 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 $19,125 to be paid in the following installments A. $3,125 on or before November 16, 1991 3 • • B. $6,250 on or before December 15, 1991 C. $3,250 monthly January, February,March,1992. The payment shall be made in five installments, with the first payment due on or about November 16, 1991. Any equipment purchased by Contractor with said funds shall be the property of the City. Payment under this agreement is in addition to and apart from the existing arrangement by which Contractor cablecasts meetings of the City Board of Directors. SECTION IV. CONTRACT PERIOD This AGREEMENT shall be in effect for a period of four and one-half months from November 15, 1991 through March 31, 1992. SECTION V. REPORTS AND INFORMATION On January 15, 1992, Contractor shall provide City with a written report that summarizes Contractor's activities during the preceding three-month period. Said report shall include income and balance sheet statements. On March 15 1992, Contractor shall provide City with a final report that summarizes Contractor's activities for the five months ending February 29, 1992 and projects the contractors activity for the one ending March 31, 1992. The income and balance sheet statements that accompany the final 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, 4 • 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 public liability and property damage insurance. The coverage, at a minimum, shall be in the following amounts: 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 intended to waive City's immunity under Arkansas law. SECTION VII HOLD HARMLESS It is expressly understood and agreed by both parties hereto 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 5 • • • • • • 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 (a) (b) (c) (d) reasons: Contractor fails to cablecast access programming time period of thirty (30) consecutive days; Contractor fails to comply with any of the applicable sections of this agreement; Contractor fails to safeguard the physical assets provided by City; or Contractor fails to administer its financial a manner consistent with all applicable laws business practices. Contract is not approved City's 1992 budget. for a assets in and sound (e) by the City Board in the City shall notify Contractor of its intent to terminate the 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 6 • • • • 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. ATTEST: By: Title: ATTEST: By: n- n uo/ City C erk FAYETTEVILLE OPEN CHANNEL CITY OF FAYETTEVILLE ARKANSAS Mayor 7