HomeMy WebLinkAbout42-92 RESOLUTION•
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PUBLIC ACCESS ADMINISTRATION
AND GOVERNMENT ACCESS PRODUCTION ASSISTANCE
AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE
AND ACCESS 4 FAYETTEVILLE, INC.
THIS AGREEMENT is made and entered into this /711J day of
Twa.., 1991_ by and between the City of Fayetteville, a
municipal corporation of the State of Arkansas (hereafter City),
and Access 4 Fayetteville, Inc. (hereafter Contractor) for the
operation of the public access channel and video production
services for the government access channel.
SECTION I.
DEFINITIONS.
For the purpose 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 Access 4 Fayetteville, Inc.
(b) "City" is City of Fayetteville.
(c) "Warner" is Warner Cable Communications, Inc., its
successors and assigns.
SECTION II.
CONTRACT PERIOD.
Initial contract period will be for nine months, April 1, 1992
through December 31, 1992. The City has the option of extending
the contract up to two (2) additional terms of one (1) year each
unless there is earlier termination pursuant to SECTION XXIX of
this contract.
SECTION III.
RESPONSIBILITIES.
The Contractor hereby accepts responsibility for the performance
of all services contracted hereunder. The City will consider the
Contractor's President of the Board to be the Contractor's
representative responsible for the management of all contractual
matters pertaining hereto, unless written notification is
received to the contrary, from the Contractor.
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The City's cable administrator or designee, or other designee of
the city manager, will be the City's representative responsible
for the administration of this Contract.
The Contractor will be responsible for oneratina public access
which will entail the following:
1. Scheduling and teaching of video production workshops
for the general public and the public schools.
2. Scheduling of programs on the public access channel.
3. Cablecasting of programs on public access.
4. Scheduling of equipment used for public access
productions.
Contractor will also be responsible for assisting with the
production of government access programs. Duties will include:
1. Scripting, videotaping, and editing of government
access programs. These will be informational programs
about city services. A minimum of fourteen 1/2 hour
programs, or their equivalent, should be produced in
1992 under this contract.
2. Televising of City Board and other public meetings.
This includes providing staff for the productions.
3. Assisting City staff with planning and scripting of
programs for government access.
4. Scheduling programs to be shown on gov't access.
5. Cablecasting of programs on gov't access. Cable Board
will approve a plan for government access operations,
which will include a minimum number of cablecasting
hours per week. Contractor will develop this
operational plan in cooperation with the Cable
Administrator.
All communication between the City and the Contractor with regard
to contractual matters will be directed through the Cable
Administrator and the Contractor's representative.
SECTION IV.
LEGAL AUTHORITY.
A. The Contractor assures and guarantees that it possesses
the legal authority, pursuant to any proper appropriate and
official motion, resolution or action passed or taken, to
enter into this Contract.
B. The person or persons signing and executing this
Contract on behalf of the Contractor, do hereby warrant and
guarantee that he/she or they have been fully authorized by
the Contractor to execute this Contract on behalf of the
Contractor and to validly and legally bind the Contractor to
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all the terms, performances and provisions herein set forth.
C. The City shall have the right, at its option, to either
temporarily suspend or permanently terminate this Contract,
if there is a dispute as to the legal authority of either
the Contractor or the person signing the Contract to enter
into this Contract. The City shall not be obligated to pay
Contractor for any performance of the provisions of this
Contract after the City has suspended or terminated this
Contract as provided in this Section.
SECTION V.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS.
The Contractor shall comply with all applicable laws,
regulations, procedures and policies of the Federal, State and
local governments.
SECTION VI.
FUNDING.
Subject to the terms and conditions set forth in this contract
and recommended by the City Manager and approved by the City
Board of Directors, the City hereby agrees to pay Contractor the
total sum of $50,000 to be paid in nine (9) installments of
$5,555.55 per month.
Funds remaining in the Contractors operating accounts on December
31, 1992 shall be made available for Contractor's 1993
operations.
The City shall be responsible for the payment of the City's
Access Facility utilities, routine building and grounds
maintenance, maintenance of the structure of the building and all
video production equipment. It is understood and agreed that the
expenses related to the Contractors temporary facility is the
sole responsibility of the Contractor for a period not to exceed
five (5) months.
Contractor will operate from its own offices until the City's
Access Facility is completed sometime in September, 1992.
Contractor shall be responsible for their own long distance
telephone calls.
The City shall insure all video production equipment on loan to
the City from Warner Cable and equipment owned by the City of
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Fayetteville and used for public and government access
productions.
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.
Written notification must be given to the City within five (5)
calendar days of delivery of nonexpendable property in order for
the City to effect identification and recording for inventory
purposes. The Contractor shall maintain adequate accountability
and control over such property provided by the City, shall
maintain adequate property records, perform an annual physical
inventory, and provide the City with a report on the annual
inventory.
SECTION VII.
SERVICES.
The Contractor shall provide, oversee, administer, and carry out
all of the activities and services set out in this contract with
said satisfactory performance to be determined solely by the City
in accordance will all other terms, provisions and requirements
of the Contract.
SECTION VIII.
PROGRAMMING.
A. Contractor shall provide public access equipment on a first
come, first served, non-discriminatory basis. Public access
channel time shall be made available on a content neutral, non-
discriminatory basis. Contractor shall follow written policies,
approved by the City, for the providing of equipment and
scheduling of channel time. Amendment to such rules may be
proposed by either Contractor or City and if proposed by either
party, shall be approved by the other party prior to
implementation.
B. Contractor shall require access producers to sign an
agreement holding Contractor, the City of Fayetteville and Warner
Cable harmless for program content, and a written warranty that
the program they are submitting does not contain:
1. any violation of any state or federal law relating
to obscenity;
2. any material that is libelous, slanderous, or other
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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 IX.
PERSONNEL.
The City shall provide, pay, maintain records on, and submit
required reports for an operations coordinator who will take care
of all administrative duties (bookkeeping, invoicing, filing,
etc.) at the center as well as assist the Cable Administrator
with other assigned duties. The Operations Coordinator will
provide clerical assistance to Contractor with agendas and
minutes for Contractor's Board meetings. The operations
coordinator shall be under the supervision of, and report to, the
cable administrator.
Contractor will supplement the operations coordinator with a
full-time access coordinator, the equivalent of 2.5 production
assistants, and part time employees, interns, volunteers, to
operate the public access operations. All records and payments
to the Contractor employees shall be the responsibility of the
Contractor. Contractor shall supervise its own employees.
SECTION X.
REPORTS AND INFORMATION.
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 Contract.
The Access Coordinator will submit reports on a quarterly basis
for review by the Cable Administrator and Cable Board. The
reports will contain the following information.
1. Promotional Plan Update.
a. Outreach activities.
b. Special promotions/theme programming.
2. Significant problems with cablecasting.
3. Summary information about complaints.
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4. Summary report on workshops.
5. Report number of first time producers scheduling
programs.
6. Report on equipment check-out levels.
7. Report on use of editing equipment.
8. Report on equipment maintenance.
9. Report on any programming/production contracts.
10. Report on program hours, types, and original and repeat
hours by month. Report percentage of original and
repeat programs which are locally produced, and locally
sponsored.
Annual report should summarize all of the above information as
well as a review of contract and work plan requirements
documenting compliance. Annual report will be due March 1,
1993.
In addition to the above mentioned reports, the Access
Coordinator will provide the following additional information to
the Cable Administrator:
1. Reports of stolen or damaged equipment within three
days of each occurrence.
2. Requests for changes in any procedures or rules.
3. All corporate documents, including but not limited to
the Access 4 by-laws, articles of incorporation,
affirmative action plan, EEO standards, personnel
policies, operational policies, list of Board members.
4 Permanent changes to facility operating hours will be
submitted for Cable Board consent.
SECTION XI.
AUDIT.
The Contractor agrees to provide the Cable Administrator with a
monthly financial report summarizing activity during the
preceding 30 day period. Said report shall include income and
balance sheet statements.
Contractor's financial records will be included in the City's
annual audit. Contractor will reimburse the City up to $500 for
the cost of the audit.
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SECTION XII.
ACCESSIBILITY OF RECORDS.
At any reasonable time 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 Contract 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 XIII.
INSURANCE.
In order to assure the 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.
C. Workmen's Compensation for all employees as required by
Arkansas Statutes.
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. Nothing in this agreement is
Intended to waive the City's immunity under Arkansas law.
SECTION XIV.
DIRECTOR'S MEETINGS
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.
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Minutes of all meetings and materials distributed in meetings of
the Contractor's Board of Directors or committees thereof, shall
be submitted to the City within ten (10) working days of such
meetings.
The Contractor's Board meetings and records shall be subject to
the provisions of the Arkansas Freedom of Information Act, Ark.
Code Ann., par. 25-19-101 et. seq.
SECTION XV.
BONDING.
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 Contract, 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
$5,0001 whichever is less. The Contractor shall furnish the
Cable Administrator proof of an adequate fidelity bond prior to
the first payment of funds under this Contract.
SECTION XVI.
EQUAL OPPORTUNITY.
A. Contractor shall comply
opportunity and affirmative
including those of the City
with all applicable equal
action laws or regulations,
of Fayetteville.
B. The Contractor or Subcontractor 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 Contract, this
Contract may be canceled, terminated, or suspended in whole
or in part, and the Contractor or Subcontractor may be
debarred from further contracts with the City.
SECTION XVII.
PERSONNEL POLICIES.
Personnel policies shall be established by the Contractor and
shall be available for examination. Such personnel policies and
any changes thereto shall be in writing and be approved by the
Board of Directors of the Contractor. Contractor shall provide a
copy of the adopted policies to the City. Scheduled time -off
shall be coordinated with the City to insure adequate coverage to
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meet the requirements of this contract.
Contractor shall provide full-time staff consisting of an access
coordinator, production assistants (equivalent of 2.5), as well
as the necessary part-time employees, interns, and volunteers to
perform the services required under this contract.
Contractor shall not hire any additional full time employees out
of funds generated by this contract, nor shall these funds be
used to retain management consultants without the approval of the
Cable Board.
SECTION XVIII.
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 Contract.
The Contractor further covenants that in the performance of
this Contract 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, subcontractors 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.
C. 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 Contract, shall (1)
participate in any decision relating to the Contact 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
Contract or the proceeds thereof.
SECTION XIX.
NEPOTISM.
Contractor shall not employ in any paid capacity any person who
is a member of the immediate family of any person who is
currently employed by Contractor or is a member of Contractor's
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Board of Directors. The term "member of the immediate family"
includes: wife, husband, son, daughter, mother, father, brother,
sister, brother-in-law, father-in-law, aunt, uncle, nephew,
niece, step-parent, stepchild, half-brother, half sister, sister-
in-law, and mother-in-law. Two members of the same family cannot
serve on the Contractor's Board at the same time.
SECTION XX.
POLITICAL ACTIVITY.
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. The City will not interfere with the content of
programs on the public access channel.
SECTION XXI.
SECTARIAN ACTIVITY.
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 XXII.
PUBLICITY.
Where such action is appropriate as determined by the City, the
Contractor shall publicize the activities conducted by the
Contractor under this Contract. 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 funded by the City of
Fayetteville."
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SECTION XXIII.
FUNDING APPLICATIONS /GRANTS
The Contractor agrees to notify the City each time the Contractor
is preparing or submitting an application for funding which will
directly or indirectly affect this Contract. The following
procedures must be adhered to:
A. When the application is in the planning stages, a
description of the funds being applied for must be submitted
by the Contractor to the City.
B. Upon award of or notice of award, whichever is sooner,
the Contractor shall notify the City of such award and the
effect, if any, of such funding on the funds and program(s)
contracted hereunder. Such notice shall be submitted to the
City, in writing, within ten (10) working days of receipt of
the notice of award or funding award by Contractor, together
with copies of the budget and program description.
SECTION XXIV.
HOLD RARMLESS.
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
section shall not be construed as a waiver of Tort Immunity as
set out under Arkansas Law.
SECTION XXV.
USE OF CITY PROPERTY.
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 Contract.
SECTION XXVI.
OUTREACH/PROMOTIONAL PLAN
The goals of the outreach/promotion plan are to set forth the
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means by which the Contractor will,
1. educate the community about public access television
and the City's Access Center;
2. promote the public access channel, services, equipment
and programs on public access;
3. keep access producers informed about public access
services.
The Contractor will develop a plan to be reviewed by the Cable
Board at their April, 1992 meeting. The plan should include,
1. Plans for
2. Plans for
3. Providing
4. Plans for
5. Plans and
6. Plans for
SECTION XXVII.
speaker's bureau, and outreach activities,
use of channel ID,
TV listings to local print media,
special promotions,
costs for direct mail efforts,
a newsletter.
OPERATIONAL POLICIES AND PROCEDURES.
Contractor shall uniformly enforce policies and procedures as
adopted by the Contractor's Board and approved by the Cable
Board.
The Cable Board shall conduct a review of the proposed policies
and procedures at their May meeting.
The goal of the review is to verify whether the policies and
procedures provide adequate guidelines for use of access
equipment and facilities (including protection of equipment), and
promote a clear understanding of the rights and responsibilities
of the access contractor, access users and viewers, Warner Cable
Company and the City.
SECTION XXVIII.
CONTRACT ENTIRE AGREEMENT.
This Contract, together with attached budget, constitutes the
entire agreement between the parties hereto, and any prior
agreement, assertion, statement, understanding, or other
commitment antecedent to this Contract, whether written or oral,
shall have no force or effect whatsoever, nor shall any
agreement, assertion, statement, understanding, or other
commitment occurring during the term of this Contract, or
subsequent thereto, have any legal force or effect whatsoever
unless properly executed in writing and if appropriate, recorded
as a addendum to, or amendment of, this Contract.
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SECTION XXIX.
TERMINATION OF AGREEMENT.
This Contract may be terminated by the City for the following
reasons:
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 the City; or
D. Contractor fails to administer its financial assets in
a manner consistent with all applicable laws and sound
business practices.
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
termination. Upon receipt of written notice, Contractor shall
provide the City within five working days a written response
stating Contractor's intended actions. Contractor shall be
provided thirty (30) days from the date of the 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. The City may terminate the agreement
immediately, without notice, pursuant to paragraph (a) of this
section.
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SECTION XXX.
SEPARABILITY.
If any section, subsection, sentence, clause, phrase or word of
this agreement is held to be invalid or unconstitutional by any
court of competent jurisdiction, such section, subsection,
sentence, clause, phrase or word will be deemed a separate,
distinct and independent provision, and such holding will not
affect the validity of the remaining provisions of this
agreement.
ATTEST:
By:
Title:
ATTEST:
By:
ity Cle
ACCESS 4 FAYETTEVILLE
By:
Title:
CITY F Y TT IL E, ARKANSAS
.1 ;--7/
Mayor 6-
14
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JOB DESCRIPTION
Akk;PV
St-dP-91-
PEG ACCESS OPERATIONS COORDINATOR
Position Summary
This person is primarily responsible for maintaining the daily
business of the PEG Access Center which includes greeting the
public, collecting fees, making billings and keeping financial
records, keeping files and computer records, answering telephone,
responding to inquiries and complaints, performing secretarial
duties for the cable administrator, promoting memberships and
workshops, editing quarterly newsletter and weekly news column.
Work is performed under the supervision of the Cable Administrator.
Primary Responsibilities 5 Duties
Responds to inquiries concerning the PEG Access Center. Must
respond with appropriate restraint to people who may be angry or
abusive.
Maintains all records of Access Center and the public access
provider.
Completes forms, maintains records and enters the information on
the computer.
Prepares all materials necessary for Access Board and Cable Board
activities.
Schedules, publicizes, and registers participants for all
workshops.
Processes workshop & production fees; explains access center
operations to the general public.
Contacts prospective volunteers to work on public and government
access productions or other needed duties.
Maintains financial records; accounts payable and receivable.
Prepares quarterly PEG Access Center newsletter, weekly news
column, and press releases.
Performs related work as required.
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Requirements of Position
Graduation from high school or equivalent; or any equivalent
combination of experience and training that provides the following
knowledge, abilities and skills.
Ability to maintain records and files, make computer entries,
ability to account for and balance cash receipts.
Ability to interpret and explain ordinances, regulations, policies,
pertaining to access provider and the Office of Cable
Administration.
Ability to communicate appropriately and effectively with the
public and staff and to write and speak clearly.
CITY OF FAYETTEVILLE, ARKANSAS
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ADJUSTMENT #
IN -YEAR BUDGET ADJUSTMENT
BUDGET YEAR
1992
DEPT' Gen. Admin.
DIV : Cable Admin.
PROG: Cable Admin.
DATE REQUESTED
3/6/92
PROJECT OR ITEM REQUESTED'
Establish Operations Coordinator position for
the PEG Access Center. This
of the staffing plan for the
committed to in our contract
position is part
center and is
with Access 4.
JUSTIFICATION OF THIS INCREASE
Funds needed to pay the position for seven
months.
PROJECT OR ITEM DELETED:
NONE - Budget Adjustment within the 1992
Cable Admin. budget.
JUSTIFICATION OF THIS DECREASE
Funds were earmarked in 1992 C.A. budget to be
used for administrative support at the PEG
Access Center under Contract Services. Money
is being moved within the C.A. budget to
cover the costs of this position.
INCREASE
ACCOUNT TITLE
Salaries & Wages
Overtime
Social Security
Ins. - Health
ACCOUNT NUMBER
0101-060-5-100.00
C0101-060-5-105.00
G101-060-5-107 .00
Q101-060-5-108.00
A4OUNRD101-060-5-108.01
36$9,410
500 1)803
59
763
DECREASg
Ins. - LTD
ACCOUNT TITLE
Contract Services
Transfer to Access Channel
ACCOUNT NUMBER
101-060-5-315.00
101-060-5-713.00
AMOUNT
<4610
410,92t7
REQUESTED BY:
ADMIN. SERVICES DIR:
CITY MANA4
DATE
2)-612_
3--9t
BUDGET OFFICE
Entered
Posted
USE ONLY
DATE OF APPROVAL
By Date
)0-1Type:ABCDE
Total program adjustments to date:
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RESOLUTION NO.
42-Q2
A RESOLUTION AWARDING A CONTRACT FOR A
PUBLIC/GOVERNMENT ACCESS TELEVISION SERVICE
PROVIDER TO ACCESS 4 FAYETTEVILLE; AND
APPROVAL OF A NEW POSITION, OPERATIONS
COORDINATOR FOR THE PEG ACCESS CENTER; AND
APPROVAL OF A BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
5ection 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a contract for a
public/government access television service provider to Access 4
Fayetteville. A copy of the contract authorized for execution
hereby is attached hereto marked Exhibit "A" and made a part
hereof.
5ection as That approval is hereby given for a new
position, Operations Coordinator for the PEG access center. A
copy of the job description is attached hereto and made a part
hereof.
Section_i. That the Board of Directors hereby authorize a
budget adjustment in the the amount of $612 and $10,923 to be
transferred from Accounts No. 101-060-5-315.00 and 101-060-5-713.00
to Accounts No. 1-1-060-5-100.00, 101-060-5-105.00, 101-060-5-
107.00, 101-060-5-108.00 and 101-060-5-108.01. A copy of the
budget adjustment authorized for execution is hereby attached
hereto and made a part hereof.
PASSED AND APPROVED this 17th day of March , 1992.
ATTEST:
By
APPROVED:
By
Mayor