HomeMy WebLinkAbout253-08 RESOLUTIONRESOLUTION NO. 253-08
A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT
OF $93,000.00 WITH COMMUNITY ACCESS TELEVISION, INC.,
TO OPERATE THE PUBLIC ACCESS TELEVISION CHANNEL
THROUGHOUT 2009.
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 in the amount of $93,000.00 with Community Access
Television, Inc. to operate the public access television channel throughout 2009.
A copy of the contract, marked Exhibit "A" is attached hereto and made a part
hereof. .... nw!!!,!f,,,f
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PASSED and APPROVED this 16th day of December, 2008.e ���Y `�•°CPS
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APPROVED: ATTEST:
By:
DAN COODY, Mayor
By: 66,..b„,,( o
SONDRA E. SMITH, City Clerk/Treasurer
Susan Thomas
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
12/16/2008
City Council Meeting Date
Public Information
Division
Action Required:
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General Government
Department
A resolution to approve a contract with Community Access Television, Inc. to operate the Public Access Channel
throughout 200Wfor $93,000.
93,000.00
Cost of this request
1010.6600.5713.00
Account Number
Project Number
Budgeted Item
X
93,000.00
Category / Project Budget
Funds Used to Date
$ 93,000.00
Remaining Balance
Budget Adjustment Attached
Services & Charges
Program Category / Project Name
Miscellaneous
Program / Project Category Name
General
Fund Name
Department Director
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City Attorney
P£k l d n c9r
Finance and Internal Service Director
Mayor
11/26/2008
Date
r Dat
Date
Previous Ordinance or Resolution #
' Original Contract Date:
Original Contract Number:
Received in Mayor's Office
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Comments:
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City Council Memo
TO: Mayor Coody and City Council
FROM: Susan B. Thomas, Ph.D., Public Information & Policy Advisor ie
DATE: November 26, 2008
SUBJECT: CAT Contract Renewal
RECOMMENDATION
Approval of the attached contract between the City of Fayetteville and Community Access
Television, Inc. (CAT) in the amount of $93,000 to operate the Public Access Channel from
January 1, 2009 through December 31, 2009 and consideration of recommended amendments by
the Telecommunications Board.
BACKGROUND
The Public Access Channel is one of three channels provided by Cox Communications as a Part
of the franchise fee agreement between the City and Cox. CAT has been the public access
provider for the City since 1992. In December 2005, CAT was selected to be the City's public
access provider through a formal RFP and selection process and was awarded a five year contract
with required annual renewals.
DISCUSSION
The Telecom Board voted on November 20, 2008 to forward the current contract to the Council
for approval with three recommended changes. The email from the acting Chairman of the
Board outlining those recommendations is attached. In summary, the Board recommends
reducing the required number of new producers from 40 to 30(Section 1.F.2), reducing the
required number of new locally produced programs from 500 to 300 (Section 1.F.4), and
increasing cable casting hours per week from 40 to 57(Section 1.A.3).
Also attached is a summary of CAT's performance measures from 2004 through 3`d quarter 2008
and averages of those indicators. The items highlighted are the performance measures required
by contract. Please note the following:
• In the summary report, 2008 numbers are 3'd quarter year-to-date not full year data. In
effect, this will lower all the averages by a small margin.
• Cable Administration is no longer tracking performance measures that are not required by
contract
• CAT performance indicators have been removed from the 2009 Cable Administration
budget documents, as the Cable Administration budget is not predicated on CAT
performance measures.
During the Public Access provider selection process in late 2005, two of the performance
measures were increased. The number of new local producers was increased from 20 to 40, and
the number of new local programs was increased from 300 to 500. Because these changes
occurred during the selection process, CAT was not able to comment on the changes or discuss
the impact the changes would have on the organization.
In a memo dated January 15, 2005 (attached), I made a recommendation to the Telecom Board to
request an annual report from CAT that would be transmitted to the City Council before contract
deliberations. Also included in the memo was a list of items that I thought the Council might
find useful in the decision making process. The Board has not acted on this recommendation.
The Council may wish to consider amending the contract to include a date specific annual report
requirement that will provide you with the information you need.
BUDGET IMPACT
The total cost of this contract is $93,000. This amount is included in the proposed 2009 Budget
to be approved by Council.
(11126/2008) Susan Thomas - Suggested changes to C.A.T. contract
From: "Richard S. Drake" <rsdrake@nwark.com>
To: <nputlim@sbcglobal.net>, <fayetteville-telecom-board@googlegroups.com>, ...
Date: 11/23/2008 8:15 PM
Subject: Suggested changes to C.A.T. contract
November 23, 2008:
To: Mayor Dan Coody
Dr. Susan Thomas
Members of Fayetteville City Council
City Attorney Kit Williams
At our November meeting, the Telecommunications Board voted on the
following recommended changes to the contract which Community Access
Television has with the City of Fayetteville.
SECTION F:TRAING AND PROMOTION
- #2 The number of required new producers shall be changed from 40 to 30.
#4: The number of required new programs per year shall be changed from 500
to 300.
) SECTION G: PLAYBACK AND CABLECASTING:
C.A.T. will cablecast a minimum of 3,000 a year. This comes out to 57 hours
per week, an increase from the 40 hours per week now required by the
existing contract.
The reasoning behind lowering some of the key figures in the overall
contract is that there is a feeling that they may be unrealistic, given the
ebb and flow of past customer/producer participation at the PEG center.
Simply put, in any election year, you will see a great deal more new local
programming on the public access channel. The figures will drop off
dramatically in the months following the election. Whenever a "hot -button"
issue occurs in the community, C.A.T. will see higher than normal levels of
traffic.
I can attest that this has been the case for as long as I have been
involved with the PEG system.
For these reasons, it seemed fair to lower the levels to what is probably a
more realistic figure.
I will be happy to appear before the City Council, if so desired, to
discuss these recommendations.
Richard S. Drake
Chair
Telecommunications Board
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Ta.!.yi.;le
Telecommunication Board Memo
TO: Telecommunications Board
FROM: Susan B. Thomas, Ph.D., Publicinfonnation & Policy Advisor Seel
DATE: January 15, 2008
SUBJECT: CAT Contract Performance Indicators
In recent discussions with staff, CAT management, and City Council members regarding CAT
contract performance requirements, a couple of discrepancies between the numbers tracked by
the government channel and the numbers reported by CAT were discovered (emails attached).
Some of these differences, e.g. number of new local producers, have been reconciled; others have
not. One primary point of disagreement that remains is related to the definition of "new local
program" and what is allowed under that definition. Specifically, should programs produced by
government channel staff count as new local programs? According to CAT staff, these programs
have been counted toward that contract requirement for at least two years. However, as the
Cable Administrator notes, the govemment channel already counts these programs in their
performance indicators, and therefore CAT should not also count them.
Rather than spending a great deal of time settling disagreements over 2007 contract numbers, I.
believe it will be more productive to focus on CAT's reporting requirements for 2008. I think
the Board should answer the question of whether or not CAT can count govemment channel
productions as new local programs. In addition to the monthly CAT manager reports at the
Telecom Board meetings and the CAT Quarterly Report, I would also recommend that the board
request an annual report from CAT that can be transmitted to the City Council before they
consider the CAT contract renewal. This report should include evidence that CAT has fulfilled
all of the performance requirements and other duties as outlined in the contract. Below is a list
of items I believe the City Council would find useful in their review of CAT's performance.
• Hours of operation, including holidays and other closings
• Revenue Generation Report
• Outline of Training Curriculum created (make actual curriculum available upon request)
• Listing of First Time Producers
• Listing of New "Certified" Producers and their inaugural production
• Listing of New Local Programs
• Schedule of workshops by month
• Report on total hours cablecasted by week
• CAT Board Meeting Minutes and other meeting material
• Printouts of pages from web site as verification of keeping the site current
• Copies of the CAT Quarterly Newsletter
• Copies of promotional spots for CAT and promo bulletin board messages
• Proof of liability insurance
• Proof of fidelity bond
This report would be a compilation of already produced material and should not require much
generation of new materials. I think it would be very helpful to the Council to have this
information in one, consolidated report as they consider CAT contract renewals in the future.
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT
OF $93,000.00 WITH COMMUNITY ACCESS TELEVISION, INC ,
TO OPERATE THE PUBLIC ACCESS TELEVISION CHANNEL
THROUGHOUT 2009.
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 in the amount of $93,000.00 with Community Access
Television, Inc. to operate the public access television channel throughout 2009.
A copy of the contract, marked Exhibit "A" is attached hereto and made a part
hereof.
PASSED and APPROVED this 16th day of December, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Clarice Pearman - Res. 253-08
From:
To:
Date:
Subject:
CC:
Attachments:
Clarice Pearman
Broyles, Lana
12.22.08 12:21 PM
Res. 253-08
Audit
Audit
Page 1of1
Lana:
Attached is a copy of the resolution passed by City Council regarding the Community Access Television. This item was
brought forward by Susan Thomas. I wasn't sure who to send it to so I chose you. I will forward to you one of two signed
agreements with CAT. Please let me know if there is anything else needed for this item. Have a good day.
Thanks.
Clarice
file //C •\Documents%20and%20Settings\cpearman.000\Loca1%20Settings\Temp\XPgrpwise\494F865CF... 12.22.08
CONTRACT BETWEEN CITY OF FAYETTEVILLE, ARKANSAS
AND
COMMUNITY ACCESS TELEVISION (CAT)
A 50I -C-3 NONPROFIT ORGANIZATION
AGREEMENT
This Agreement is made this 161h day of December, 2008, by and between the City of
Fayetteville, a municipal corporation ("City"), and Community Access Television, a nonprofit
corporation ("CAT"), who agrees as follows:
PURPOSE AND INTENT
1. The City desires to provide support for the use of cable television public, educational,
and government ("PEG") access channels provided pursuant to federal law.
2. The purpose of the public access television is to provide training for the public for
public access television productions and to ensure "first-come, first-served, non-
discriminatory" programming,. in accordance with the First Amendment, as a limited
public forum for citizens.
3. This contract for the public access television station is contingent upon the City
retaining a franchise contract with a cable operator, such as it is at present.
4. The franchise agreement with Cox Cable Company provides that certain channel
capacity be provided for PEG access for non-commercial programming.
5. The City's Telecommunications Board Ordinance 114504 provides for a standing body
to advise the City Council on telecommunications issues and to coordinate and oversee
use of the public rights of way designated for public, educational, and governmental use
on any telecommunication system serving the City of Fayetteville.
6. The City has determined that it will provide support for PEG access and that it will
provide physical space and equipment located at the PEG Center, 101 W. Rock Street,
Fayetteville.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein,
the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. In exchange for the funding provided by the City to
CAT, pursuant to this Agreement, CAT shall provide the following services and report
progress in each area to the Telecommunications Board on a quarterly basis:
1
•
A. OPERATE PUBLIC ACCESS CABLE CHANNEL. Operate the public access cable
channel for non-commercial, public/community access programming purposes in a manner that
is consistent with the principals set forth in this contract and the Telecommunications Board
Ordinance. CAT will:
1. Devise and monitor equipment check-in, check-out procedures and provide
reports quantifying the amount of usage
2. Schedule and monitor editing facilities and studio, maintaining scheduling
records, and coverage documents, should any request for review be required
3. Operate the public access channel facility for a minimum of 40 hours per week
easily accessible to the citizens of Fayetteville.
4. Have at least one staff member present during the required customer service
hours to assist citizens with their productions.
B. PROVIDE EQUAL ACCESS. CAT will honor the First Amendment rights of members of
the community who wish to use the public access station. CAT will provide access to the use
of the equipment, facilities, channel, and services provided hereunder to all members of the
community for non-commercta] programming purposes, whether individuals, groups, or
organizations, on a first-come, first-served non-discriminatory basis, pursuant to operating
rules promulgated by CAT which are in compliance with the City's operating rules for the PEG
Center (Addendum A).
C. OPERATING POLICIES AND PROCEDURES. CAT policies for the use and operation
of the public access channel shall be in compliance with the City's operating rules of the PEG
Center. CAT will file such policies with the Telecommunications Board and the City, and any
changes in CAT policies will be posted on the web site and presented to the
Telecommunications Board and the City as an informational item 15 days prior to
implementation. CAT will:
1. Devise and maintain administrative policies
2. All communication between the City and the CAT with regard to contractual
matters will be directed through the Cable Administrator, or any other such
representative as may be appointed by the City, and the CAT'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.
D. DEVELOP FUNDING — CAT will develop a plan for generating revenue at a
minimum of 25% of the amount provided by the City, in order to subsidize additional
growth.
1. CAT will develop a general underwriting policy
2. CAT will cablecast two CAT specific fundraising events per year
3. CAT shall not cablecast more than four fundraising events per year for other
501(c) (3) non-profit organizations that provide services in the cablecast area.
2
4. CAT will seek and devise a timely procedure for solicitation and collection of
donations and other contributions to be recorded on a monthly budget process.
These procedures could include, but not be limited to, telethons, web -based
donation collections, etc.
E. COMPLIANCE WITH LAWS RULES, AND REGULATIONS. CAT will administer
the public access channel and facilities in compliance with the Telecommunications
Board Ordinance, with applicable laws, rules, regulations, and with the franchise
agreement between the City and Cox Cable Company. All business and information
maintained by CAT or the CAT Board of Directors is subject to the terms of the
Arkansas Freedom of Information Act (FOIA).
F. TRAINING AND PROMOTION. CAT will train city and area residents in the
techniques of video production, and provide technical advice in the execution of
productions. CAT will:
1. Create and provide training curriculum to emphasize video proficiency and
production quality in public access programming
2. Certify a minimum total of 30 first time local producers per year. Such local
producers shall be counted whether using CAT or other equipment and
facilities.
3. Include public service requirement as part of the certification process that
results in at least one cablecast quality program per trainee
4. Promote the use of the Public Access channel to the extent that 300 new locally
produced programs are cable casted per year. Only the following categories of
program sources will be included:
a. Programs made by Independent CAT Producers whether or not
they use CAT facilities
b. Programs made by local citizens who are not Independent CAT
Producers
c. Programs produced by CAT for the purpose of allowing local citizens
to express themselves. Such programs shall be open to participation by
all citizens on an equal basis
d. Programs produced by independent producers using CAT contract
production services
5. Encourage the use of the digital video editing capabilities and stay abreast of
emerging technologies
6. Create a monthly schedule of relevant workshops to publish on the public
access television channel's bulletin board and its web site.
G. PLAYBACK/ CABLECASTING. CAT will provide for playback/cablecasting of
programs on the public access channel. CAT shall cablecast a minimum of 40 hours of
local original, replayed and imported programming per week. This excludes the
community message board. CAT will:
3
1. Develop a policy and method for the scheduling of public access programs and
cablecast programs on the public access channel
2. Maintain accurate cablecast logs and report number of programs per month in each
of the categories specified by the operating and programming policy
3. Maintain a library of all produced shows to be available for review and use at the
PEG Center
4. A copy of all live and/or recorded programs are required to be held for 4 days past
the original date of play if said programs are not submitted to the videotape library
5. CAT shall require local access producers/requesters to sign an agreement
warranting 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 libelous, slanderous, or other defamation of
character, or an unlawful invasion of privacy
c. any advertising or material which promotes any commercial product or
service
d. any use of material which violates copyright law; or any material
contrary to local, state or federal laws, regulations, procedures and
policy
H. INFORMATION. CAT shall submit quarterly and annual reports, as defined by the
Telecommunications Board, on the operations of the public access channel and other
such special reports as listed below to the Telecommunications Board and the City.
1. Reports of stolen or damaged equipment within one working day of learning of
each occurrence
2. Requests for changes in any procedures or rules pertaining to protection or
preservation of City owned equipment and facilities
3. All corporate documents, including but not limited to the CAT's by-laws,
articles of incorporation, certification of compliance with affirmative action
plan and EEO standards, and a list of Board members
4. At any reasonable time and as often as the Telecommunications Board or the
City may deem necessary, the CAT shall make available to them, or any of its
authorized representatives, all of CAT's records related to all matters covered by
this Agreement and shall permit the Telecommunications Board or 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
5. During the term of this Contract, the CAT shall cause to be delivered to the
Telecommunications Board and 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 in a timely manner to give adequate notice and shall also include
an agenda
6. Minutes of all meetings, if taken, and materials distributed in meetings of the
CAT's Board of Directors, or committees thereof, shall be submitted to the
Telecommunications Board and the City
4
7. At such times and in such form as the Telecommunications Board or the City
may require, the CAT shall furnish such statements, records, reports, data and
information deemed pertinent to matters covered by this Agreement.
I. PROMOTION. CAT will actively promote the use and benefit of the public access
television station and facilities to cable subscribers, the public, and Cox Cable
Company.
1. Maintain web site for publication of all reports and scheduled events
2. Create a quarterly newsletter distributed via mail and direct delivery to
members, producers and associates.
3. Provide promotional spots/bulletin boards on the station that promote the use
and benefits of the public access television station and facilities to cable
subscribers and the general public.
SECTION 2. PERFORMANCE. CAT will be evaluated through quarterly evaluations, and an
annual performance review.
A. Quarterly evaluations will be performed in accordance with the criteria set by the
Telecommunications Board, consistent with the process for oversight as specified in the
Telecommunications Ordinance
B. A Performance Review shall be conducted by CAT and presented to the October
meeting of the Telecommunications Board in order to ensure timely delivery of
information to the City Council during annual budget review:
1. This review shall include an opportunity for CAT public access users
and cable subscribers to provide input. In turn, the
Telecommunications Board will evaluate the CAT Performance
Review, basing the evaluation on the terms of this contract and citizen
input. The Telecommunications Board will present its performance
assessment and recommendations to the City Council in November
and begin the process of negotiation for the following contractual year
that begins January 1.
2. All Telecommunication Board findings and recommendations
regarding the. Performance Review will be provided as feedback to
CAT. In the event that the Board recommendation is for non -renewal
of the CAT contract, an exit interview will be conducted to discuss all
relevant facts.
SECTION 3. USE OF CITY PROPERTY/ OWNERSHIP. CAT recognizes that it is
performing services for the City on City -owned property and that while on such property, CAT
shall not engage in any activity that is not directly related to the services provided pursuant to
this Agreement. 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
5
otherwise provided for by the City, in writing. Any equipment secured through fund-raising
efforts to benefit the public access television station shall remain the property of the city's PEG
Access Center. Ownership of the library of programs collected during the performance of this
contract shall, upon termination of this contract, revert to the city.
A. All changes to the facility and equipment array shall be approved by the City before
being undertaken
B. The City shall make at least two telephone lines available for CAT's business use CAT
shall be responsible for reimbursing the City, on a quarterly basis, for this expense at a
rate of $20 per line per month
C. CAT shall be responsible for its own long distance telephone calls
D. CAT shall be responsible for paying the costs of their listing in the telephone directory
E The City shall furnish and maintain the hardware for up to three computers for the
office use of CAT. This is in addition to those computers that are part of the video
systems and the public internet work station. CAT will be solely responsible for the
software and operation of the three office computers.
F. The City shall provide access to the world wide web for the CAT
G. There shall be no charge to citizens of Fayetteville for the use of cable casting time on
the public access channel, nor for the use of the facilities or equipment. However,
CAT's fees and charges may apply for such services as, but not limited to, instructions
on video production and Internet use, video tapes, video tape duplication, annual
producer's fee and contracts for video productions.
MAINTENANCE:
H. The City shall be responsible for the payment of the Access Center utilities, routine
building and grounds maintenance and maintenance of the structure
I. The CAT may use the City's current copier at the Access Center for a charge of $.039
per copy. Additionally, the CAT may use the copier located at the City Administration
Building for the standard charge as is allocated per copy to the City Departments and
Divisions. If the City upgrades the copier located in the Access Center, CAT shall pay
an adjusted charge per copy, up to, but not to exceed the standard City rate charged to
City Departments and Divisions as determined annually.
J. Copy machine maintenance costs will be paid by the City.
VIDEO EQUIPMENT:
K. Cat Staff and Producers will have direct input in the decisions regarding the acquisition,
maintenance and repair of equipment used primarily by CAT Staff and Producers. The
City will accommodate the equipment needs of the CAT Staff and Producers to the
extent that considerations of budget, compatibility and integration into the system will
allow.
L. The City shall repair and maintain the video equipment except as otherwise noted. Cat
shall make minor, routine repairs to equipment used for public access productions
which shall be mutually agreed upon by the City and CAT.
M. The City shall operate a system for equipment and facility repairs. All repair requests
will be recorded and forwarded to the Cable Administrator, or his designee, who will
assign the repairs to be done by an appropriate staff member or to other sources as
6
defined in the PEG Center Standard Operational Procedure. The written system will be
designed to keep all PEG Center Personnel informed of the status of repairs. A similar
system will be used to conduct preventative maintenance in accordance to hours of
usage of cablecast decks, field cameras and edit system decks.
N. CAT shall make minor repairs to equipment used for public access productions such as
repairing microphones, cables, cleaning recording heads, and camera lenses
O. Certain equipment, to be designated by the City, shall not be available for public access
checkout. The reserved equipment shall be used only for government productions,
CAT's contract productions, and CAT's promotional programs. Use of the reserved
equipment will be only by CAT Staff and City Staff certified by a procedure
established by the City.
P. Use of the PEG Center video equipment and facilities will be coordinated by the City
using a reservation system readily available at all times. This in no way relieves the
CAT of the responsibility of making sure that all of the City's equipment used for
public access purposes is checked out and returned in good working order.
Q. CAT will notify the City immediately of any problems with the equipment
R. All video production equipment owned by the City and used for public, educational
and/or government access productions shall be covered under the City's insurance
policy.
SECTION 4. CONTRACT PERIOD. The contract period will be from January 1, 2009 until
December 31, 2009. Either party may cancel this contract at any time with a thirty (30) day
written notice.
SECTION 5. FUNDING. The City hereby agrees to pay CAT the monthly sum of $7,750 for
services performed under the terms of this contract. Each monthly payment will be remitted on
or before the 15th day of each month, beginning January 15, 2009.
The Contractor agrees to provide the City with a monthly financial report, based on a modified
accrual or cash basis method, summarizing activity during the preceding 30 day period. Said
report shall include income and balance sheet statements. Contractor shall have an
independent certified public accountant complete an official review of its financial records
annually. This report shall be submitted to the City by the last day of the third month after the
end of Contractor's fiscal year.
SECTION 6. LEGAL AUTHORITY. CAT assures and guarantees that it possesses the legal
authority to enter into this Agreement. Further, that the person or persons signing and
executing this Agre ment on behalf of CAT have been fully authorized by CAT to execute this
Agreement. That such authority is evidenced pursuant to a proper, appropriate and official
motion and resolution, which was passed and approved specifically to enter into this
Agreement and shall legally bind CAT to all the terms, performances, and provisions here set
forth. A copy of such resolution shall be provided upon execution of this Agreement. 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 CAT or the person signing the Agreement. The
City shall not be obligated to pay CAT for any performance of the provisions of this
Agreement after the City has suspended or terminated this Agreement as provided in this
Section.
7
SECTION 7. PERSONNEL. CAT shall adequately staff the public access operation to meet
the services and duties outlined in this agreement. Staff for public, educational, and
government channels will be expected to work together in a cooperative manner with all.
groups using the facility. Personnel policies shall be established by CAT and shall be available
for examination by the City. Upon termination of an employee by the City Cable
Administrator, and in the event that the CAT's manager wishes to hire the employee over the
objections of the Cable Administrator, an appeal of the action may be brought by the Cable
Administrator to the CAT's Board of Directors. Similarly, upon termination of an employee
by the CAT, and in the event that the Cable Administrator wishes to hire the employee over the
objections of the CAT's manager, an appeal of the action may be brought by the CAT's
manager to the Telecommunications Board.
SECTION 8. EQUAL OPPORTUNITY. CAT shall comply with all applicable equal
opportunity, affirmative action, and ADA laws or regulations, including those of the City of
Fayetteville.
SECTION 9. INSURANCE. CAT shall obtain and keep in force during the term of this
agreement a policy of public liability and property damage insurance. The coverage, at a
minimum, shall be in the following amounts:
General Liability
a. General Aggregate
b. Products/Completed Oper. Aggr.
c. Each Occurrence
d. Fire Damage (any one fire)
e. Medical Expense (any one person)
$1 000,000
$1,000,000
$100,000
$50,000
$5,000
Worker's Compensation for all employees as required by Arkansas Statute.
Bonding: CAT 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
agreement, within 10 days of the contract execution. The fidelity bond shall be in an amount
equal to 10% of the city grant award or $5,000, whichever is less. CAT shall furnish the city
proof of an adequate fidelity bond prior to the first payment of funds under this agreement.
SECTION 10. POLITICAL/SECTARIAN ACTIVITY. CAT management shall not initiate or
sponsor political or religious programming. The staff shall work on a content neutral basis and
shall not determine programming content except for programs produced for the purpose of
promoting the use of the channel Staff produced programs, such as short -takes, long takes and
contract productions shall be open to participation by all citizens on a first-come, first-served,
non-discriminatory basis. Though, the facility can be used for legitimate first amendment
purposes, no portion of the funds received by CAT shall be used to directly produce any
programs nor participate in any CAT -sponsored activities that establish any religion or prohibit
the free exercise thereof.
8
SECTION 11. PUBLICITY. In any news release, sign, brochure, or other medium
disseminating information prepared or distributed by or for CAT, mention shall be made of the
City of Fayetteville having made the project possible, i.e. "'Community Access Television' is a
project partially funded by the City of Fayetteville."
SECTION 12. HOLD HARMLESS. It is expressed understood and agreed by both parties that
the City is contracting with CAT as an independent contractor and that as such, CAT 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, audit 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 CAT. This Agreement shall not be
construed in any manner or form as a waiver of that Tort Immunity as set out under Arkansas
Law.
SECTION 13. CONFLICT OF INTEREST. The CAT 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 Agreement. The CAT further covenants that in the
performance of this Agreement no person having such interest shall be employed or appointed
as a member of its Board of Directors.
The CAT further covenants that no member of its Board of Directors or its staff 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.
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 Agreement, shall participate in any decision relating to the Agreement
which affects his or her personal interest or the interest of any corporation, partnership, or
association in which he has a personal financial direct or indirect interest; or have any personal
financial interest, direct or indirect, in this Agre ment or the proceeds thereof.
CONTRACT ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties hereto, and any prior agreement, whether written or oral, shall have no
force or effect. Any subsequent agreements will have no effect unless properly executed in
writing and recorded as an addendum to this Agreement.
9
SEVERABILITY. 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 as a separate, distinct and
independent provision, and such holding will not effect the validity of the remaining provisions
of this agreement.
COMMUNITY ACCESS TELEVISION
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Title:
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ATTEST:
CITY OF F YETTEVILLE, ARKANSAS
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LIONEL Ior RDAN, Mayor
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ATTEST:
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Sondra E. Smith, City Clerk/Treasurer """""""
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