Loading...
HomeMy WebLinkAbout42-92 RESOLUTION• • 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. 4 • • 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 2 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 3 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 4 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. 5 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. 6 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. 7 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 8 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 9 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." 10 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 11 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. 12 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. 13 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 4:11 /049, CA:01)11; 4c‹.02SPr /40Af • To - /3 - /7 *2 aamps NA 7 /57 &IS 13,293 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. • 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 • 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: • 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