HomeMy WebLinkAbout161-10 RESOLUTIONRESOLUTION NO. 161-10
A RESOLUTION AMENDING RESOLUTION NO. 131-10 TO CHANGE ALL
REFERENCES FROM "TODAY IN AMERICA" TO "U.S. MEDIA
TELEVISION, INC."
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 amends
Resolution No. 131-10 to change all references from "Today in America" to "U.S. Media
Television, Inc."
PASSED and APPROVED this 7th day of September, 2010.
APPROVED:
By:
ATTEST:
By:
kC)/Kak
SONDRA E. SMITH, City Clerk/Treasurer
Lindsley Smith
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/7/2010
City Council Meeting Date
Agenda Items Only
Communications
Division
Action Required:
Communications
Department
A Resolution To Amend Resolution No. 13110 To Change All References From "Today in America" to "U.S. Media
Television Inc."
$19,800.00
Cost of this request
1010.6600.5315.00
Account Number
08050.1001
Project Number
Budgeted Item
Category / Project Budget
Program Category / Project Name
Funds Used to Date Program / Project Category Name
Remaining Balance Fund Name
Budget Adjustment Attached
ent Director
City Attoppe
F-20-26/6
Date
xx
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Date
Finance and Internal Services Director
Date
Received in
Mayor's Office
Comments:
Revised January 15, 2009
'Fatvile
THE CITY OF FAYETTEVILLE, ARKANSAS
ADMINISTRATION
113 West Mountain
Fayetteville, AR 72701
P (479) 575-8330 F (479) 575-8257
ARKANSAS
www.accessfayetteville.org
To: City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
From: Lindsley Smith, Communication Director
Fayetteville Communication Department
Date: August 20, 2010
Subject: Amendment to cost share agreement for the program "America's Best Hidden Gem
Environments for Business" to be included in the "Business in America Today" series by Today
in America to change the name "Today in America" to the parent company name "U.S. Media
Television Inc."
RECOMMENDATION:
Please pass the amended resolution.
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGAL DEPARTMENT
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Lindsley Smith, Communications & Marketing Director
FROM: Kit Williams, City Attorney
DATE: August 20, 2010
RE: "Today in America" to "U.S. Media Television, Inc."
Just like the Resolution we had to amend for "Arkansas Western Gas" to
"SourceGas" at the last City Council meeting, we need to amend Resolution
No. 131-10 you just passed. U.S. Media Television, Inc. produces several shows
including "Today in America" which is how they prepared their contract for us.
Our Purchasing Department caught the problem that "Today in America" was not
the proper contracting party (No Federal tax ID number), and so we requested and
will receive prior to your City Council meeting, a properly signed contract with
"U.S. Media Television, Inc." I believed we needed to amend the Resolution to
reflect this proper contracting party.
Our good Purchasing and Accounting procedures are designed to and did
catch this type of problem before any checks were written.
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 131-10 TO CHANGE ALL
REFERENCES FROM "TODAY IN AMERICA" TO "U.S. MEDIA
TELEVISION, INC."
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 amends
Resolution No. 131-10 to change all references from "Today in America" to "U.S. Media
Television, Inc."
PASSED and APPROVED this 7th day of September, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
PARTICIPATION AGREEMENT
Date:
Participant:
Authorized by:
Market:
Show:
July 2, 2010
City of Fayetteville, Arkansas
Mayor Lioneld Jordan
National (See Distribution Checklist)
Project No:
TIAn-97033dc
Associate Producer: Dave Corvair
Today in America with Terry Bradshaw Feature: 5 minute feature
U.S. Media Television. Inc. ("PRODUCTION COMPANY"):
1) PRODUCTION COMPANY will provide a complete licensed and insured production and scriptwriting team (field
production, graphics, music, voice-overs, program editing, set design and lighting) for domestic taping and
completion of feature for PARTICIPANT.
2) PRODUCTION COMPANY agrees to have host, Terry Bradshaw, do PARTICIPANT'S segment voice-over and
provide them with a copy of its segment, including a show open. PRODUCTION COMPANY hereby grants to
PARTICIPANT permanent, complete, and unrestricted licensing rights to the segment and the show open, which
PARTICIPANT may use for any legal purpose.
3) This feature will be used on the Today in America show airing one (1) time nationally on FOX Business Network,
and 19 times regionally through a combination of CNN Headline News and/or Regional News Networks in up to 15
markets as indicated on the distribution checklist All airings to occur 6:00 a.m. to 11:00 p.m.
4) PRODUCTION COMPANY will include the PARTICIPANT in conjunction with the promotions of the series in
any available editorial articles, as well as, press releases distributed to relevant industry organizations targeting
consumer and business networking sites.
5) Content to include, but not limited to: interviews with city representative(s), chamber of commerce
representative and CEO; discussion to educate our viewers on the attractive business climate; explain how
the city came together for a common vision for the future; give viewers insight into the life style; explore
available facilities & land; give insight into the role university incubators play; focus on examples of
successful companies and take a look at the education system, and discuss the availability of quality
healthcare.
6) PRODUCTION COMPANY will refund scheduling fee to PARTICIPANT if all aspects of the Agreement are not
met within 12 months assuming PARTICIPANT does not withhold reasonable approvals.
City of Fayetteville, Arkansas ("PARTICIPANT"):
1) PARTICIPANT will provide input into the scripting by filling out a PARTICIPANT questionnaire, reviewing and
signing off on feature outline for accuracy, filling out and approving production schedules and providing literature as
well as background information. PARTICIPANT is required to sign off and approve script and final edited segment
before going to network. All press releases must be pre -approved by both parties prior to release.
2) PARTICIPANT understands and acknowledges that the PRODUCTION COMPANY will immediately begin work
on certain aspects of the PARTICIPANT'S feature and delegate personnel in association with the development,
promotion, scheduling, pre -production and production with the goal to have the script developed within thirty to
forty five days upon PARTICIPANT returning the Editorial Information Form.
3) $19,800 USD is the total scheduling fee. PARTICIPANT will incur no additional cost relating to the parameters of
this agreement.
4) PARTICIPANT acknowledges and agrees to pay the total scheduling fee as follows: 1/2 due thirty days from
agreement execution, and 1/2 due sixty days from agreement execution.
5) PARTICIPANT, if appropriate, will provide end user for testimonial, company spokesperson, talent and products for
shooting.
The parties agree that Florida law applies and the jurisdiction and venue for any action regarding this agreement shall lie
exclusively in the courts of Broward County, Florida if PARTICIPANT initiates proceedings, likewise, the parties agree that
Arkansas law applies and jurisdiction and venue for any action shall lie exclusively in the courts of Washington County, Arkansas if
PRODUCTION COMPANY initiates proceedings. Once both parties authorize this agreement, Participant does irrevocably commit
to participate in the television program described above and does further agree to provide the questionnaire and literature in a
timely manner. All aspects of the agreement will be completed within twelve months or sooner of agreement execution assuming
Participant does not withhold reasonable approvals. As stated, Today in America and its national television show has no direct
affiliation with the networks in which they air on. Today in America purchases the time through cable providers, networks and/or
other media sellers. This agreement contains the full and complete understandings between the parties whether written or oral,
pertaining ereto, and c t be modi r ed except by a written instrument signed by each party hereto.
.S. Media T
Re • esentative
Company /P:: ,tion/ Print name
CEO of U.S. Media Television, Inc.
Date �j
ee23az,oiO
Date
ax -ed Rok
PARTICIPATION AGREEMENT
Date:
Participant:
Authorized by:
Market:
Show:
July 2, 2010
City of Fayetteville, Arkansas
Mayor Lioneld Jordan
National (See Distribution Checklist)
Project No:
TIAn-97033dc
Associate Producer: Dave Corvair
Today in America with Terry Bradshaw Feature: 5 minute feature
U.S. Media Television, Inc. ("PRODUCTION COMPANY"):
1) PRODUCTION COMPANY will provide a complete licensed and insured production and scriptwriting team (field
production, graphics, music, voice-overs, program editing, set design and lighting) for domestic taping and
completion of feature for PARTICIPANT.
2) PRODUCTION COMPANY agrees to have host, Terry Bradshaw, do PARTICIPANT'S segment voice-over and
provide them with a copy of its segment, including a show open. PRODUCTION COMPANY hereby grants to
PARTICIPANT permanent, complete, and unrestricted licensing rights to the segment and the show open, which
PARTICIPANT may use for any legal purpose.
3) This feature will be used on the Today in America show airing one (1) time nationally on FOX Business Network,
and 19 times regionally through a combination of CNN Headline News and/or Regional News Networks in up to 15
markets as indicated on the distribution checklist. All airings to occur 6:00 a.m. to 11:00 p.m.
4) PRODUCTION COMPANY will include the PARTICIPANT in conjunction with the promotions of the series in
any available editorial articles, as well as, press releases distributed to relevant industry organizations targeting
consumer and business networking sites.
5) Content to include, but not limited to: interviews with city representative(s), chamber of commerce
representative and CEO; discussion to educate our viewers on the attractive business climate; explain how
the city came together for a common vision for the future; give viewers insight into the life style; explore
available facilities & land; give insight into the role university incubators play; focus on examples of
successful companies and take a look at the education system, and discuss the availability of quality
healthcare.
6) PRODUCTION Company will refund scheduling fee to PARTICIPANT if all aspects of the Agreement are not met
within 12 months assuming PARTICIPANT does not withhold reasonable approvals.
City of Fayetteville, Arkansas ("PARTICIPANT"):
1) PARTICIPANT will provide input into the scripting by filling out a PARTICIPANT questionnaire, reviewing and
signing off on feature outline for accuracy, filling out and approving production schedules and providing literature as
well as background information. PARTICIPANT is required to sign off and approve script and fmal edited segment
before going to network. All press releases must be pre -approved by both parties prior to release.
2) PARTICIPANT understands and acknowledges that the PRODUCTION COMPANY will immediately begin work
on certain aspects of the PARTICIPANT'S feature and delegate personnel in association with the development,
promotion, scheduling, pre -production and production with the goal to have the script developed within thirty to
forty five days upon PARTICIPANT returning the Editorial Information Form.
3) $19,800 USD is the total scheduling fee. PARTICIPANT will incur no additional cost relating to the parameters of
this agreement.
4) PARTICIPANT acknowledges and agrees to pay the total scheduling fee as follows: 1/2 due thirty days from
agreement execution, and 1/2 due sixty days from agreement execution.
5) PARTICIPANT, if appropriate, will provide end user for testimonial, company spokesperson, talent and products for
shooting.
The parties agree that Florida law applies and the jurisdiction and venue for any action regarding this agreement shall lie
exclusively in the courts of Broward County, Florida if PARTICIPANT initiates proceedings, likewise, the parties agree that
Arkansas law applies and jurisdiction and venue for any action shall lie exclusively in the courts of Washington County, Arkansas if
PRODUCTION COMPANY initiates proceedings. Once bosh parties authorize this agreement, Participant does irrevocably commit
to participate in the television program described above and does further agree to provide the questionnaire and literature in a
timely manner. All aspects of the agreement will be completed within twelve months or sooner of agreement execution assuming
Participant does not withhold reasonable approvals. As stated, Today in America and its national television show has no direct
affiliation with the networks in which they air on. Today in America purchases the tine through cable providers, networks and/or
other media sellers. This agreement contains the full and complete understandings between the parties whether written or oral,
pertaining thereto, and cannot be modified except by a written instrument signed by each party hereto.
Aut i epresent Company /Position/ Print name Date
S. Media Tel ision, I . sentative CEO of U.S. Media Television, Inc. Date
cad ,
Nub, Luytor,--)
q-16-,0
CC 1
Lindsley Smith
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
7/20/2010
City Council Meeting Date
Agenda Items Only
Communications
Division
Action Required:
A. 11
Today in America Contract
Page 1 of 6
Communications
Department
Approval of a cost share agreement to produce a video pertaining to the City of Fayetteville and it's economic
development and approval of the attached budget adjustment in the amount of $19,800.
$
19,800.00
Cost of this request
1010.6600.5315.00
Account Number
08050.1001
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
Date
( o
Date
‘-Pcu.)1 L. -11-2.oto
Finance and Internal Services Director Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
0719-10P02:38 RCVD
Receive in City
Clerk's Office
Comments:
Revised January 15, 2009
A. 11
Today in America Contract
Page 2 of 6
To: City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
From: Lindsley Smith, Communication Director
Fayetteville Communication Department
Date: July 9, 2010
Subject: Cost share agreement with Today in America for complete licensed and insured
production of Fayetteville as a top environment for doing business in America
RECOMMENDATION
Staff recommends approval of a cost share agreement with Today in America Production
Company for an economic development program highlighting Fayetteville as a top
environment for business. The project is a key part of our economic development
strategy to create new jobs in Fayetteville; funding will be from the Economic
Development Fund dedicated to that effort and has no impact on general revenues.
BACKGROUND
The Associate Producer of the television series "Today in America" contacted Mayor
Lioneld Jordan and informed him that Today in America is currently working on an
upcoming segment on "America's Best Hidden Gem Environments for Business," to be
included in our "Business in America Today" series and that they are looking at
Fayetteville as being highlighted for this program. They requested two interview
sessions to determine issues such as Fayetteville's business climate, economic
development initiatives, how Fayetteville is economically positioned in this national
economic climate, and other inquiries to determine if Fayetteville would quality for
inclusion in the Business in America Today segment. Mayor Jordan, Lindsley Smith and
Fritz Gisler for production advice and information, Steve Clark for up-to-date
Fayetteville economic development data and business climates, and Chief of Staff Don
Marr met with producers of Today in America and it was determined that Fayetteville
would be a highlighted city. An agreement was sent for review and edited as requested
by the City of Fayetteville's City Attorney's office. The cost share for the City of
Fayetteville for this five-minute production and national and regional mass media
placement on this program is $19,800. Based on the cost of national media placement,
the low cost v. the great benefit to Fayetteville's economic development, economy, and
job growth and retention; I (Lindsley Smith), the City's Communication Director am over
city production services and media buys, made a recommendation to move forward on
A.11
Today in America Contract
Page 3 of 6
this excellent opportunity for Fayetteville to be highlighted on "Today in America" and I
and the Government Channel will be working with the Today in America production
company as needed to help in setting up interviews and filming locations.
DISCUSSION
The program segment relates to industry trends and how certain cities are helping to
address these specific trends. In choosing Fayetteville, Today in America was
particularly interested in the unique Fayetteville Forward program of the City in guiding
the city's economic development plan, the high quality of life in the city, the ease for
businesses interested in Fayetteville for acquiring site -selection data, the University of
Arkansas and the importance of their incubators, strong education and healthcare, the
many honors of Fayetteville such as Forbes Magazine listing Fayetteville as #2 Best
Cities for Recession Recovery and tf'1 Fastest Metropolitan Statistical Area for Job
Growth and the 1st in Income Growth, Forbes list for #6 top Newsweek Magazine listing
Fayetteville High School on the Best High Schools list, Sperling listing as the top
affordable place to live and work in the United States, and the Business Week listing
Fayetteville as #2 in the best places to raise your kids.
In this economic climate, it is imperative that Fayetteville communicate to a broader
audience, a mass audience particularly targeted to potential businesses that can bring job
growth and retention to Fayetteville. After this production and national and regional
showing of Fayetteville on Today in America, the City of Fayetteville retains the
permanent, complete, and unrestricted licensing rights to the segment and the show open.,
which the City of Fayetteville may use for any future purpose. The Production Company
of Today in America will also be including the City of Fayetteville in conjunction with
the promotions of the series in any available editorial articles, press releases, conferences,
networking sites, and other outlets to highlight both the program and the city of
Fayetteville as a highlight city in this program segment on "America's Best Hidden Gem
Environments for Business".
BUDGET IMPACT
The Economic Development Fund balance for this project.
A. 11
Today in America Contract
Page 4 of 6
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT WITH TODAY IN.
AMERICA IN THE AMOUNT OF $19,800.00 FOR THE
PRODUCTION OF A TELEVISION SEGMENT PERTAINING
TO ECONOMIC DEVELOPMENT IN FAYETTEVILLE AND
APPROVING A BUDGET ADJUSTMENT
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 Today in America in the amount of $19,800.00 for the production of a television
segment pertaining to economic development in Fayetteville. A copy of the contract is attached
as Exhibit "A."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "B."
PASSED and APPROVED this 20th day of July, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
(719/2010-) Lindsley Smith 1'A bave Ct of Fayetteville, Arkansas doc
Page _
A. 11
Today in America Contract
PARTICIPATION AGREEMENT
Page 5 of 6
Date:
Participant:
Authorized by:
Market:
Show:
July 2, 2010
City of Fayetteville, Arkansas
Mayor Lioneld Jordan
National (See Distribution Checklist)
Project No:
TIAn-97033dc
Associate Producer: Dave Corvair
Today in America with Terry Bradshaw Feature: 5 minute feature
Today in America ("PRODUCTION COMPANY"):
1) PRODUCTION COMPANY will provide a complete licensed and insured production and scriptwriting team (field
production, graphics, music, voice-overs, program editing, set design and lighting) for domestic taping and
completion of feature for PARTICIPANT.
2) PRODUCTION COMPANY agrees to have host, Terry Bradshaw, do PARTICIPANT'S segment voice-over and
provide them with a copy of its segment, including a show open. PRODUCTION COMPANY hereby grants to
PARTICIPANT permanent, complete, and unrestricted licensing rights to the segment and the show open, which
PARTICIPANT may use for any legal purpose.
3) This feature will be used on the Today in America show airing one (1) time nationally on FOX Business Network,
and 19 times regionally through a combination of CNN Headline News and/or Regional News Networks in up to 15
markets as indicated on the distribution checklist All airings to occur 6:00 a.m. to 11:00 p.m.
4) PRODUCTION COMPANY will include the PARTICIPANT in conjunction with the promotions of the series in
any available editorial articles, as well as, press releases distributed to relevant industry organizations targeting
consumer and business networking sites.
5) Content to .include, but not limited to: interviews with city representative(s), chamber of commerce
representative and CEO; discussion to educate our viewers on the attractive business climate; explain how
the city came together for a common vision for the future; give viewers insight into the life style; explore
available facilities & land; give insight into the role university incubators play; focus on examples of
successful companies and take a look at the education system, and discuss the availability of quality
healthcare.
City of Fayetteville, Arkansas ("PARTICIPANT"):
1) PARTICIPANT will provide input into the scripting by filling out a PARTICIPANT questionnaire, reviewing and
signing off on feature outline for accuracy, filling out and approving production schedules and providing literature as
well as background information. PARTICIPANT is required to sign off and approve script and final edited segment
before going to network. All press releases must be pre -approved by both parties prior to release.
2) PARTICIPANT understands and acknowledges that the PRODUCTION COMPANY will immediately begin work
on certain aspects of the PARTICIPANT'S feature and delegate personnel in association with the development,
promotion, scheduling, pre -production and production with the goal to have the script developed within thirty to
forty five days upon PARTICIPANT returning the Editorial Information Form.
3) $19,800 USD is the total scheduling fee. PARTICIPANT will incur no additional cost relating to the parameters of
this agreement.
4) PARTICIPANT acknowledges and agrees to pay the total scheduling fee as follows: 1/2 due thirty days from
agreement execution, and 1/2 due sixty days from agreement execution.
5) PARTICIPANT, if appropriate, will provide end user for testimonial, company spokesperson, talent and products for
shooting.
The parties agree that Florida law applies and the jurisdiction and venue for any action regarding this agreement shall lie
exclusively in the courts of Broward County, Florida if PARTICIPANT initiates proceedings, likewise, the parties agree that
Arkansas law applies and jurisdiction and venue for any action shall lie exclusively in the courts of Washington County, Arkansas if
PRODUCTION COMPANY initiates proceedings. Once both parties authorize this agreement, Participant does irrevocably commit
to participate in the television program described above and does further agree to provide the questionnaire and literature in a
timely manner. All aspects of the agreement will be completed within twelve months or sooner of agreement execution assuming
Participant does not withhold reasonable approvals. As stated, Today in America and its national television show has no direct
affiliation with the networks in which they air on. Today in America purchases the time through cable providers, networks and/or
other media sellers. This agreement contains the full and complete understandings between the parties whether written or oral,
pertaining thereto, and cannot be modified except by a written instrument signed by each party hereto.
Authorized Representative - Participant
Company /Position/ Pnnt name Date
Today in America Representative
CEO of Today in America Date
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2010
Department: General Government
Division: Miscellaneous
Program: Miscellaneous
Request Date
7/20/2010
A. 11
Tnriav in Amarie, C
Adjustmennthiader
JUSTIFICATION TO INCREASE PROJECT / ITEM:
To produce a video pertaining to economic development in Fayetteville.
JUSTIFICATION TO DECREASE PROJECT / ITEM (OR RECOGNIZING REVENUE):
There are sufficient funds from the sale of Wilson Springs that are designated for use as economic development.
Account Name Account Number
Contract Services
1010.6600.5315.00
Use Of Designated Fund Balance
1010.0001.4999.98
Increase
Budget
19,800
Decrease Project.Sub
Budget Number
08050 1001
19,800 08050 1001
n Mead
'rector
Date.7ate/�j/
Date
Date
%/j1a
/,Dae
ate
TOTAL 19,800
Requested By
19,800
Budget & Research Use Only
Type: A B C
Description:
kspringer
E
General Ledger Date
Posted to General Ledger
Posted to Project Accounting
H:\Budget\Budget Adjustments\2010 Budget\Barbara\Economic Video Productio
0
Initial
Date
Date
ontract