HomeMy WebLinkAbout02-08 RESOLUTIONra
RESOLUTION NO. 02-08
A RESOLUTION APPROVING A CONTRACT WITH UATV, A
SERVICE OF THE UNIVERSITY OF ARKANSAS, TO OPERATE
THE EDUCATION CHANNEL THROUGHOUT 2008, WITH
AUTOMATIC ANNUAL ONE-YEAR RENEWALS THROUGH
DECEMBER 31, 2012.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves a contract with UATV, a service of the University of Arkansas
to operate the Education Channel throughout 2008, WITH automatic annual one-
year renewals through December 31, 2012. A copy of the contract, marked
Exhibit "A" is attached hereto and made a part hereof.
APPROVED:
By
DAN COODY, Mayor
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ATTEST:
;FAYETIEVILLE;
By:
SONDRA E. SMITH, City Clerk/Treasurer mete
PASSED and APPROVED this 3rd day of January, 2008.
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L(8.22.08) Clarice Pearman - Re: Res. 02-08 Page 1
From: Susan Thomas
To: Pearman, Clarice
Date: 8.22.08 10:41 AM
Subject: Re: Res. 02-08
We sent the University a copy of the agreement which Larry Foley had reviewed and approved before it was placed on the
Council's agenda. When the document was sent to the University for signature, they came back with multiple changes that
were not agreed to by staff, not reviewed by Kit, and not approved by the Council. When I explained that the original
agreement had already been reviewed and approved by Dr. Foley, reviewed by Kit, and passed by Council, and that we
would have to start over to incorporate their suggested changes, they still were unwilling to sign the agreement.
»> Clarice Pearman 8/22/2008 10:20 AM »>
Susan:
I am sorry to be pest about this resolution but if you could just email regarding the circumstances with the agreement so I can go
ahead get this signed and processed I'd appreciate. I just need a lithe backup why the agreement is not with the resolution. I
appreciate your help. Have a good day.
Thanks.
Clarice
Susan Thomas
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
1/3/2008
City Council Meeting Date
Public Information
Division
Action Required:
General Government
Department
A resolution approving a contract with UATV, a service of the University of Arkansas, for the operation of the
Education Channel
$
Cost of this request
Account Number
Project Number
Budgeted Item
$
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Program Category / Project Name
Program / Project Category Name
Fund Name
Department Director
C
City Attorney
ail a
Finance and Internal Service Director
Mayor
12/12/2007
Date
Date
12-11-67
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in Mayor's Office
'ENT ED
Comments:
City Council Memo
TO: Mayor Coody and City Council
FROM: Susan B. Thomas, Ph.D., Public Information & Policy Advisor �v l
DATE: December 12, 2007
SUBJECT: UATV Contract Renewal
Recommendation
Resolution approving a contract with UATV, a service of the University of Arkansas, for the
operation of the Education Channel
Background
In 1998 the City of Fayetteville adopted a more formal contractual agreement with the University
of Arkansas to operate the education channel. Prior to that initial contract, the University
operated the Channel from 1991 to 1998 based on a simple biennial resolution. The Council has
renewed the UATV contract regularly since 1998. The last contract was approved November 15,
2005.
Discussion
This contract is the same contract that Council approved in 2005. It has been reviewed by Larry
Foley, UATV, and Susan Norton, Fayetteville Public Schools, and neither individual made
requests for significant changes. Mr. Foley did request that we extend the terms of the contract,
and we have accommodated that request extending the term from December 31, 2009 to
December 31, 2012. This contract was also reviewed by the Telecommunications Board on
December 6, 2007, and the Board unanimously recommended approval of the contract.
Budget Impact
none
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT WITH UATV, A
SERVICE OF THE UNIVERSITY OF ARKANSAS, TO OPERATE
THE EDUCATION CHANNEL THROUGHOUT 2008, WITH
AUTOMATIC ANNUAL ONE-YEAR RENEWALS THROUGH
DECEMBER 31, 2012.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves a contract with UATV, a service of the University of Arkansas
to operate the Education Channel throughout 2008, WITH automatic annual one-
year renewals through December 31, 2012. A copy of the contract, marked
Exhibit "A" is attached hereto and made a part hereof.
PASSED and APPROVED this 3rd day of January, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
EDUCATIONAL ACCESS ADMINISTRATION
AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE
AND UATV, UNIVERSITY OF ARKANSAS
THIS AGREEMENT is made and entered into this day of , 200_, 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 1st day of January, 2008 and shall continue until
the 31s` day of December 2008. This agreement shall be automatically renewed and extended
under the same terms for an additional one year term unless either party notifies the other party in
writing at least 30 days before the expiration date of the initial term or any succeeding terms
through December 31, 2012, when this agreement terminates.
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 Northwest Arkansas.
4. Solicit and select programming from local educational institutions which:
a. Promotes parental involvement in education.
b. Supports and encourages professional development for teachers.
c. Disseminates information which affects the educational institutions and
education professionals in Northwest Arkansas.
d. Educates the public about the availability of educational opportunities in
Northwest Arkansas.
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 Telecommunications Board who shall make
recommendations to the Mayor or City Council, as may be required
3. UATV will work in cooperation with the Fayetteville Public Schools television
production studio to facilitate FPS live studio broadcasts. UATV will also fully
consider request from live broadcast from other educational institutions but is under no
obligation to provide the studio or equipment.
4. 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 predominant 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 request for live broadcasts
submitted by Fayetteville Public Schools and the various educational entities.
5. UATV will maintain policies under which decisions can be made concerning the
submission of programming by the various educational entities. All programming
submitted to UATV for broadcast must meet the following criteria;
a. It must be on one of the following formats; DV Cam, Mini -DV or S -VHS
b. It must contain 30 seconds of bars and tone at the beginning of the program.
c. It must not contain any discernable audio or visual deficiencies.
d. Programming must be of suitable or appropriate subject matter that relates to the
purposes and objectives of the Educational channel.
e. All pre -produced programming and requests for live broadcast must be
submitted to UATV well in advance of the requested broadcast time. The UATV
Staff will retain the right to determine the broadcast schedule of said programs,
with full consideration given to its other programming.
6. 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.
7. If a program submitted for broadcast on the educational channel is rejected or
determined to be unsuitable for broadcast the producer or a representative of said
programming will be allowed to appeal that decision to the Telecommunications
Board.
8. The UATV Staff will present quarterly written reports to the Telecommunications
Board regarding the programming and operations of the station during the previous
quarter. 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; live or pre -produced 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 the University of Arkansas 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 of UATV administering and supervising the programming of the
Education Channel on the City's behalf, 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 by providing a thirty day written
notice to the other party.
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.
Signed this the day of , 2008.
UATV CITY OF FAYETTEVILLE, ARKANSAS
By: By:
D.O. PEDERSON
Vice Chancellor
DAN COODY
Mayor
WITNESS: ATTEST:
By: By:
Sondra Smith, City Clerk
JILL UNIiIiut5 "
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51.4.08)
Clarice Pearman - UATV
Page 1
From: Clarice Pearman
To: Thomas, Susan
Date: 1.4.08 1:44 PM
Subject: UATV
Susan:
This is just a confirm that we've talked regarding signed agreements for the UATV operating the education channel. Have a
good afternoon.
Thanks.
Clarice
Clarice Pearman - Re: UATV Page 1
From: Susan Thomas
To: Pearman, Clarice
Date: 1.4.08 1:53 PM
Subject: Re: UATV
I just got a response email from the director of UAN. He had not forwarded the contract to UA Legal, so I emailed it to
Kim Harriman. Think we should have it back by then end of next week. Thanks.
Susan
»> aarice Pearman 1/4/2008 1:44 PM »>
Susan:
This is just a confirm that we've talked regarding signed agreements for the UAW operating the education channel. Have a good
afternoon.
Thanks.
Clarice
(1.30.08) Clarice Pearman - Res. 02-08
Page i
From:
To:
Date:
Subject:
Clarice Pearman
Thomas, Susan
1.30.08 4:32 PM
Res. 02-08
Susan:
Please let me know the status of the agreement with UATV for operation of the education channel. Have a good evening.
Thanks.
aarice
ESClarice Pearman - Res. 02:08
Page 1
From: Clarice Pearman
To: Thomas, Susan
Date: 4.10.08 2:57 PM
Subject: Res. 02-08
Susan:
Just a reminder regarding the UATV agreement to operate the education channel for 2008. Please let me know what the
status of the signed original agreement is. Have a good aftemoon.
Thanks.
Clarice
(4.10.08
Clarice Pearman - Fwd: Res. 02-08
ILLT
From: Susan Thomas
To: Ifoley@uark.edu
Date: 4.10.08 3:07 PM
Subject: Fwd: Res. 02-08
CC: Pearman, Clarice
Larry -
We still have not received signed copies of the City agreement with the University for operation of UAN. Can you check on
that again for me? Thanks for your help.
Susan
I wanted to check with you to see if g
»> Clarice Pearman 4/10/2008 2:57 PM »>
Susan:
lust a reminder regarding the UATV agreement to operate the education channel for 2008. Please let me know what the status of
the signed original agreement is. Have a good afternoon.
Thanks.
Clarice
Page 17
14.10.08 Clarice Pearman - Re: Fwd: Res. 02-08
From: Larry Foley <Ifoley@uark.edu>
To: Susan Thomas <sthomas@ci.fayetteville.ar.us>, <svarady@uark.edu>
Date: 4.10.08 3:41 PM
Subject: Re: Fwd: Res. 02-08
CC: Clarice Pearman <cpearman@ci.fayetteville.ar.us>
I"m sending this back to you and Scott Varady to check the progress.
Larry Foley
Professor of Journalism
University of Arkansas
116 Kimpel Hall
Fayetteville, AR 72701
479-575-6307
--- Original Message ----
From: Susan Thomas <sthomas@ci.fayetteville.ar.us>
Date: Thursday, April 10, 2008 2:07 pm
Subject: Fwd: Res. 02-08
To: Ifoley@uark.edu
Cc: Clarice Pearman <cpearman@ci.fayetteville.ar.us>
> Larry -
>
> We still have not received signed copies of the City agreement
> with the University for operation of UATV. Can you check on that
> again for me? Thanks for your help.
> Susan
> I wanted to check with you to see if g
> »> Clarice Pearman 4/10/2008 2:57 PM »>
> Susan:
> Just a reminder regarding the UATV agreement to operate the
> education channel for 2008. Please let me know what the status of
> the signed original agreement is. Have a good afternoon.
> Thanks.
> Clarice
>
Page l of l
Clarice Pearman - Res. 02-08
From: Clarice Pearman
To: Thomas, Susan
Date: 4.29.08 11:53 AM
Subject: Res. 02-08
CC: Smith, Sondra
Susan:
Just checking on the status of the UATV agreement to operate the education channel. This resolution has been open since
January 3, 2008. Please let me know. Have a good day.
Thanks.
Clarice
file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\48170C27FA... 4.29.08
8.1 08) Clarice Pearman - Res. 02-08 UATV Page 1
From: Clarice Pearman
To: Thomas, Susan
Date: 8.1.08 9:46 AM
Subject: Res. 02-08 UATV
Susan:
The City Council passed an resolution regarding an agreement UATV to operate the educational channel Please let me
know the status of the signed agreement. If you can just let me know in an email that this is a stalemate I'll go ahead and
this resolution signed and process with all the notes. Have a good day.
Thanks.
Clarice
1(8.22.08 Clarice Pearman - Res. 02-08 Page l
From: Clarice Pearman
To: Thomas, Susan
Date: 8.22.08 10:20 AM
Subject: Res. 02-08
Susan:
I am sorry to be pest about this resolution but if you could just email regarding the circumstances with the agreement so I
can go ahead get this signed and processed Pd appreciate. I just need a little backup why the agreement is not with the
resolution. I appreciate your help. Have a good day.
Thanks.
Clarice
(8.25.08 Clarice Pearman - Res. 02-08
From:
To:
Date:
Subject:
Attachments:
Clarice Pearman
Thomas, Susan
8.25.08 1:20 PM
Res. 02-08
02-08 University of Arkansas UATV.pdf
CC: Audit
Susan: •
Attached is a copy of the above resolution with all the back up for the agreement. Please let me know if there is anything
else needed for this item. Have a good day.
Thanks.
Clarice