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Home My WebLink About127-98 RESOLUTIONRESOLUTION NO, 12 7 9 8 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF ARKANSAS AND UATV, TO OPERATE THE EDUCATIONAL ACCESS CHANNEL UNTIL SEPTEMBER 30, 2000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS - Section 1. That the Mayor and City Clerk are hereby authorized to execute the Educational Access Administration Agreement with the University of Arkansas and UATV, for the operation of the education channel until September 30, 2000. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. ,,,,,EWED AND APPROVED this fiL day of October , 1998. ,) ,y„ ^t .'�• APPROVED. ft r , a : • �� Fred Hanna, Mayor =. fes'•. 1� ,� PY61€ I�'4 ,` ATTEST!'".“‘ By:7.<?;:ier.. % teaher Woodruff, City Cler • • EDUCATIONAL ACCESS ADMINISTRATION AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND UATV, UNIVERSITY OF ARKANSAS THIS AGREEMENT is made and entered into this 4, day of ex_4 Rf ,1998, by and between the City of Fayetteville, a municipal corporation of the State of Arkansas (hereafter City), and UATV, a service of the University of Arkansas (hereafter UATV), for the operation of the educational channel. SECTION I AGREEMENT PERIOD A. The agreement period shall begin the 4, day of OC 7o ,1998, and shall continue until the 31st day of September, 2000. SECTION II SERVICES/DUTIES A. UATV hereby agrees and shall be responsible for operating the educational channel for educational purposes, which shall include the following: 1. Scheduling of programs on the educational channel. 2. Cablecasting of programs on the educational channel. 3. Promoting use of the educational channel by the Fayetteville Public School district, the University of Arkansas and other educational entities in Fayetteville. B. UATV shall provide, oversee, administer and carry out all 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, provision and requirements of the Agreement. C In furtherance of the above referenced services and duties, the parties hereby agree as follows: 1. There shall be no charge for programs cablecast on the educational channel. 2. All communication between the City and UATV with regard to matters under this agreement will be directed through the Cable Administrator, or any other such representative as may be appointed by the City, and UATV'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. • • 3. UATV will determine programming content and technical quality under the following guidelines: a. Local programming will be preferred over imported programming. b. Promotion of commercial products and services will be allowed on the channel only if they are an indivisible part of an imported program provided free of charge to the channel. No more than 20 percent of a week's programming may contain commercial messages and no program whose sole purpose is to promote a commercial product or service will be cablecast. c. A fair and equitable division of available programming hours will be made by UATV as demanded by programming produced and submitted by the various educational entities. 4. UATV will develop policies under which decisions can be made concerning the submission of programming by the various educational entities. 5. UATV will establish an Educational Advisory Committee whose makeup will give fair representation to all the educational entities who might be users of the educational channel; set up regular meetings with the Committee; and work with the Committee to promote use of the educational channel. The Committee will be in place by Dec. 1, 1998. 6. UATV shall send a representative to the Cable Board meeting to present quarterly reports on the operations of the educational channel. The Cable Administrator will notify UATV when these reports are required. The first of these reports is to be presented at the October 1998 Cable Board meeting. Once UATV obtains a paid staff, quarterly written reports must be presented to the Access Operations Manager to be mailed to Cable Board members in their regular monthly packet of materials. The Operations Manager will notify UATV of the deadlines for the written reports. UATV will notify the Cable Administrator when the staff is hired. At minimum, these reports should contain: a. The number of hours of programming cablecast weekly during the quarter. b. A breakdown of the programming as to whether it is locally produced or imported; whether it is new or repeat; and from what educational entity it was submitted. SECTION III LEGAL AUTHORITY A. UATV assures and guarantees that it possesses the legal authority to enter into this Agreement. Further, that the person or persons signing and executing this Agreement on behalf of UATV have been fully authorized by UATV to execute this Agreement on behalf of UATV, and that such authority shall legally bind UATV to all the terms, performances and provisions herein set forth. A copy of such resolution shall be provided upon execution of this Agreement. 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 UATV or the person signing the Agreement to enter into this Agreement. • • SECTION IV COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS. • A. UATV shall comply with all applicable laws, regulations, procedures and polices of the Federal, State and local governments. SECTION V CONSIDERATION A. In consideration for providing access to the educational channel by the University of Arkansas, the Fayetteville Public Schools, and other educational entities as shall be determined by UATV, the City of Fayetteville grants UATV exclusive control of its educational access channel. B. Funding for any and all use of the educational channel shall be the responsibility of those providing programming for such use. UATV is not responsible for providing production facilities for the educational channel. SECTION VI ENTIRE AGREEMENT A. This Agreement 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, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever unless properly executed in writing and if appropriate, recorded as an addendum to, or amendment of, this Agreement. SECTION VII. TERMINATION OF AGREEMENT A. This agreement may be terminated by either party with a thirty day written notice. 3 • SECTION VIII SEVERABILITY A. 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 to be a separate, distinct and independent provision, and such holding will not affect the validity of the remaining provisions of this Agreement. UATV By: Title: 4 By: /l'//anev Title: pz yo.+2 CITY OF FAYETTEVILLE, ARKANSAS By: Fred Hanna, mayor ATTEST: By: Heather Woodruff, City Clerk /4 2 0/e