HomeMy WebLinkAbout232-10 RESOLUTIONRESOLUTION NO. 232-10
A RESOLUTION APPROVING A CONTRACT WITH COMMUNITY
ACCESS TELEVISION, INC. IN THE AMOUNT OF $93,000.00 TO PROVIDE
PUBLIC ACCESS TELEVISION CHANNEL OPERATION SERVICES FOR
CALENDAR YEAR 2011
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 Community Access Television, Inc. in the amount of $93,000.00 to provide public
access television channel operation services for calendar year 2011. A copy of the contract is
attached as Exhibit "A."
PASSED and APPROVED this 21st day of December, 2010.
APPROVED:
By:
ATTEST:
By:
6h614A) &mak
SONDRA E. SMITH, City Clerk/Treasurer
� �671f4°
ate° ®F`a
°
:FAYETTEVILLE:
'mss%%i'%ANS : \)„,
C�®6/169F�t W1
la K11-1O
klkoi rZw t�
Cir -
c! eAr
CONTRACT BETWEEN CITY OF FAYETTEVILLE, ARKANSAS
AND
COMMUNITY ACCESS TELEVISION (C.A.T.)
A 501-C-3 NONPROFIT ORGANIZATION
AGREEMENT
This Agreement is made this 1st day of January, 2011, by and between the City of Fayetteville, a
municipal corporation ("City"), and Community Access Television, a nonprofit corporation
("C.A.T."), who agree as follows:
PURPOSE AND INTENT
1. The purpose of Public Access Television in Fayetteville is to provide training for
residents of Fayetteville in the techniques of video production for Public Access
Television and to provide an opportunity for residents of Fayetteville to provide
programming in a first-come, first-served, content -neutral, non-discriminatory manner, in
accordance with the First Amendment.
2. The City of Fayetteville is accorded a Public Access Television channel by television
services providers with which it holds agreements.
3. The City of Fayetteville desires to provide support for the operation of Public Access
Television in Fayetteville.
4. This contract for Public Access Television services is contingent upon the City retaining
agreements with television services providers, such as they continue to provide the City
with a Public Access Television channel.
5. The City has determined it will provide support for the operation and programming of its
Public Access Television channel and it will provide physical space and equipment at the
City of Fayetteville Television Center, located at 101 W. Rock Street, Fayetteville.
6. The City of Fayetteville provides financial support through General Fund Revenue
allocations for operational contract services, building and facilities, approximately 3,000
square feet of space, utilities, repairs, maintenance, custodial services and capital
expenditures for facilities, studios and equipment.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the
parties agree as follows:
SECTION 1. DEFINITIONS
For the purposes of this contract, the following definitions will be established:
Resident of Fayetteville: An individual who resides within the city limits of Fayetteville.
Residency may be documented by producing a current City of Fayetteville utility bill, a rental
contract, a driver's license, or a government -issued photo ID that contains name and address.
CAT contract for 2011 12-17-10
Page 1 of 21
krriu 6e -el --1/ p a_
-
Television: Video programming that is distributed through any one or more wide -area
distribution methods, such as Video On Demand, Web site embedding, cable, IPTV, Web
streaming, over -the -air broadcast, etc.
Public Access Outsourced Provider: An organization that provides certain Public Access
Television services, such as education, telecasting and management, to the residents of
Fayetteville under contract with the City of Fayetteville.
Curriculum: A documented plan of teaching in which subject matter and class sessions are
described in a detailed syllabus, including specific topics, teaching methods, schedules and
methods of student evaluation.
Class: An organized, regularly scheduled, interactive teaching session that is focused on a
particular subject and lead by an employee qualified to teach the subject.
Workshop: An organized, non -regular interactive teaching session which covers a particular
topic of interest to the participants, usually lead by an expert in the subject matter.
Programming: Video and/or audio material that is organized in a particular fashion as
determined by a producer and distributed through one or more means to an audience.
Producer: An individual who creates, owns, controls or is responsible for the content of a
television program.
Trainee: A resident of Fayetteville who is currently enrolled in one of the three (3) core classes
required to obtain status as a Candidate Producer.
Candidate Producer: A resident of Fayetteville who has completed the required training and/or
been evaluated at an acceptable skill level and is allowed to utilize Television Center equipment
as designated by their evaluation, solely for the use of producing a program to obtain status as a
Certified Producer. As a Candidate Producer, an individual may be required, based on their
continued demonstration of proficiency, to re -take any or all classes leading to their candidate
status, if deemed necessary by either the public access outsourced provider staff or the
Television Center Manager.
Certified Producer: A resident of Fayetteville or an existing active certified producer as of
December 31, 2010 who has completed ALL requirements of certification, including the
submission of at least one (1) telecast quality program for telecast on the Public Access
Television channel. Certified Producers are allowed to utilize Television Center equipment as
designated by their area of certification.
Program Requestor: A resident of Fayetteville who requests a program to be telecast on the
Public Access Television channel.
Local Program: A program produced by an individual utilizing Television Center equipment.
Outside Program: A program produced by an individual not utilizing Television Center
equipment.
Inside Program: A program produced internally by the public access outsourced provider staff.
Imported Program: A program requested by a resident that is not produced or owned by that
individual.
CAT contract for 2011 12-17-10 Page 2 of 21
SECTION 2: GENERAL PROVISIONS
All services described in this contract and provided to the public by the public access outsourced
provider, will be provided free of charge to residents of Fayetteville. The public access
outsourced provider will not require, solicit or accept any compensation of any kind, beyond that
agreed upon in this contract and provided by the City, in return for providing the services
described herein, unless otherwise stipulated in this contract.
The public access outsourced provider shall not provide any services or engage in any activity
not described in this contract, with or without compensation, that utilizes equipment, facilities or
resources owned or controlled by the City of Fayetteville, without the expressed written consent
of the City, or as stipulated in this contract.
The public access outsourced provider may charge a fee for the following activities utilizing
equipment, facilities or resources owned or controlled by the City of Fayetteville:
1. Citizens of Washington County, Arkansas who are not residents of Fayetteville may be
charged a fee for attending any class session or workshop conducted by the public access
outsourced provider.
2. Workshops other those stipulated in this contract as being provided at no charge that are
conducted utilizing City of Fayetteville resources.
3. The sale of blank recording media.
4. Duplication services.
5. The public access outsourced provider may provide video production services for a fee. If
production services are provided, the following conditions apply:
a. These services and activities will be referred to as "contract production".
b. All programming produced through contract production activity must be telecast
on the Public Access Television channel.
c. Contract production activities may include field production, editing, studio
production and their related activities, including pre- and post -production activity.
d. Contract production services may only be provided in Washington and Benton
Counties in Arkansas.
e. The public access outsourced provider shall charge industry -competitive rates.
The public access outsourced provider will conduct a rate survey quarterly to
include video production providers in a 100 mile radius of Fayetteville. Service
rates will be reviewed and approved by the Television Center Manager.
f. The public access outsourced provider will utilize a standard contract document
for each agreement to provide contract production services. This contract
document will be approved by the Television Center Manager.
g. All fees charged for providing contract production services will be collected at the
point the public access outsourced provider delivers the final product for which it
was contracted.
h. All monies collected for providing production services will be utilized to support
Fayetteville Public Access services or capital improvements as approved by the
City Council and following applicable City of Fayetteville policies and
procedures.
CAT contract for 2011 12-17-10 Page 3 of 21
6. In addition to charging a fee for services described above, the public access outsourced
provider may generate revenue utilizing equipment, facilities or resources owned or
controlled by the City of Fayetteville through:
a. Fundraising activities designed to raise funds to support the operations or capital
improvements of the Public Access channel.
b. Acquisition of grants or awards dedicated to support the operations or capital
improvements of the Public Access channel.
If the public access outsourced provider generates or collects any revenue through activities as
allowed in this contract, or otherwise approved by the City, utilizing equipment, facilities or
resources owned or controlled by the City of Fayetteville, the public access outsourced provider
will ensure:
1. All monies collected for such services will be deposited into and all checks shall be made
payable to the "Trust Account of Community Access Television, Inc." which shall
contain only those funds.
2. Community Access Television, Inc.'s manager shall ensure proper accounting of all such
revenues collected and shall report such accounting monthly to the Television Center
Manager.
3. All funds within the "Trust Account of Community Access Television, Inc." may only be
expended after the City Council Resolution is passed authorizing the particular
expenditure except that any normal bank fees related directly to the use of this trust
account may be paid with trust account funds.
4. Proper accounting and records of services provided, fees charged and monies collected
for services will be kept by the public access outsourced provider, in a manner approved
by the Television Center Manager.
The City of Fayetteville provides the services described herein as a public service to the residents
of Fayetteville for non-commercial use. The public access outsourced provider will not allow any
equipment, facilities or resources owned or controlled by the City to be used to generate revenue
for any private company, group, organization or individual with the following exceptions:
1. The public access outsourced provider may produce, or allow to be produced, up to four
(4) televised fund-raising programs or activities for Fayetteville -based, 501(c)3, non-
profit organizations.
2. The public access outsourced provider may produce one (1) televised fund-raising
program or activity for itself. This fund-raiser will not count towards the four (4)
described above.
3. Televised fund-raising programs or activities may not exceed twenty-four (24) hours of
continuous programming, or, if not continuous programming, exceed seven (7)
contiguous days of duration.
4. Fund-raising messages may not be displayed over other programming without the
expressed written consent of the program owner.
CAT contract for 2011 12-17-10 Page 4 of 21
5. The on -air bulletin/message board and the Short Takes program may be used by 501(c)3
non-profit organizations to announce or publicize activities of their organizations that
generate revenue for their organizations or programs.
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. Any equipment secured through fund-raising efforts to benefit the Public Access
Television channel shall remain the property of the City's Television Center. Any funds or
revenue secured through fund-raising efforts to benefit the Public Access Television channel
shall be remitted to the City.
All policies, procedures, information and execution of the services and responsibilities described
in this contract shall be subject to approval by the Television Center Manager. The public access
outsourced provider will not make changes or revisions to any policy, procedure or method of
work directly related to the services described herein without the prior approval of the Television
Center Manager.
In exchange for the funding provided by the City to the public access outsourced provider,
pursuant to this Agreement, the public access outsourced provider shall provide the following
services and report progress in each area to the Telecommunications Board and the City as
defined in this contract:
CAT contract for 2011 12-17-10 Page 5 of 21
SECTION 3: SCOPE OF SERVICES
EDUCATE FAYETTEVILLE RESIDENTS IN THE PRODUCTION AND DISTRIBUTION
OF NON-COMMERCIAL TELEVISION PROGRAMMING
The public access outsourced provider will provide training and technical support for residents of
Fayetteville so they may learn the techniques and details of video production and television
programming distribution.
The public access outsourced provider will:
1. Create and implement a training curriculum that emphasizes technical proficiency and
production quality. The curriculum will contain at least 4 core classes in the subjects of:
a. Orientation
b. Basic Field Production
c. Basic Studio Production
d. Basic Video Editing
The syllabus for each class will be available on the Fayetteville Public Access Television
web site.
2. Offer a minimum of six (6) free classes a week taught by the public access outsourced
provider staff in various disciplines of video production and programming distribution.
At least three (3) classes each week must be in the core subjects.
3. Create student evaluation criteria and methods that allow students to demonstrate
proficiency in training both in writing and through practical application.
4. Require a minimum level of proficiency, as approved by the Television Center Manager,
to achieve a passing grade in classes.
5. Maintain records of student performance and evaluations.
6. Provide training and development resources, and technical support, in addition to regular
classes, to residents of Fayetteville while they are engaged in training or production
activities.
7. Provide technical and production consultation to residents of Fayetteville who are
producing outside programs.
8. Recruit and train a minimum of fifty (50) new people who are Fayetteville residents to
complete at least three (3) of the basic core classes at a proficiency level required to
achieve status as a candidate producer. The required number of people trained will be
distributed in the four (4) quarters of the year as 10 in the 1st Quarter; 15 in the 2nd
Quarter; 15 in the 3rd Quarter and 10 in the 4th Quarter.
9. Require a passing grade in a minimum of three (3) core classes for a student to achieve
the status of candidate producer.
10. Require each candidate producer to produce at least one new telecast quality program to
gain status as a certified producer. If candidate producers do not meet this requirement
during the term of the contract, the public access outsourced provider shall determine and
report on the reasons that candidate producers did not complete the program for
certification.
11. Require each certified producer to produce at least one new telecast quality program per
year to maintain status as a certified producer.
12. Maintain a record for each certified producer that contains, at a minimum, their name,
address, telephone number, the area in which they are certified, and the expiration date of
CAT contract for 2011 12-17-10 Page 6 of 21
their certification. Unless a certified producer performs the minimum requirements to
maintain certification, their certification will expire one (1) year after the date their
certification became valid.
13. Provide one (1) free workshop each month for residents of Fayetteville on various topics
related to video production or television distribution lead by subject matter experts from
outside the organization. Such instructors must be approved in advance by the Television
Center Manager.
14. Offer training in the use of all available methods of television programming distribution.
15. Ensure that instructors maintain a minimum level of competence in the operation of
equipment, as approved by the Television Center Manager. This can be demonstrated
through industry certification or actual demonstration of skills to the Television Center
Manager or their designee. If an instructor fails to meet a minimum level of competence,
they will be prohibited from teaching any classes or workshops until such time as they
have demonstrated to the Television Center Manager, or designee, they have achieved
that level.
16. Create and publish a monthly schedule of classes and workshops, a minimum of 30
calendar days prior to conducting the classes. The schedule will, at a minimum, be
published in the following media:
a. The Public Access Television channel's on -air bulletin board.
b. The Public Access Television channel's web site.
c. A publicly accessible bulletin board at the Television Center.
d. The public access outsourced provider's email address list that is maintained as an
opt -in list in the central records database.
e. Made available for publication in other media that wish to do so.
17. Ensure the public access outsourced provider staff stays current with emerging
technologies through professional development that includes technical training.
18. Provide reports on training and education activity as required by the City.
PROVIDE EQUITABLE CHANNEL AVAILABILITY AND PROGRAMMING SERVICES
TO FAYETTEVILLE RESIDENTS ON A FIRST-COME, FIRST-SERVED, CONTENT -
NEUTRAL, AND NON-DISCRIMINATORY BASIS.
The City of Fayetteville provides airtime on the Public Access Television channel as a public
service to the residents of Fayetteville. The public access outsourced provider will not require,
solicit or accept any compensation of any kind, beyond that agreed upon in this contract and
provided by the City, in return for telecasting any programming on the Public Access Television
channel.
The public access outsourced provider will:
1. Establish and execute a process whereby residents of Fayetteville may request
programming to be telecast on the Public Access Television channel. This process is
subject to approval by the Television Center Manager.
2. Ensure individuals requesting programs to be telecast by the public access outsourced
provider on the Public Access Television channel are residents of Fayetteville, as defined
in Section 1.
CAT contract for 2011 12-17-10 Page 7 of 21
3. Require requestors to sign an affidavit warranting that the program they are requesting to
be telecast does not contain:
a. any violation of any Federal, State or local statute or ordinance relating to
obscenity; and
b. any material that is an unlawful invasion of privacy; and
c. any use of material which violates copyright law;
Such a statement does not relieve the public access outsourced provider of its duty to prevent
further telecast of programming that does not meet the stipulations contained herein, as such
programming comes to its knowledge.
4. Ensure programming is not commercial in nature. Commercial programming is defined
as: "Programming that contains direct appeals to purchase commercial goods or services;
promotes the activities of for-profit groups, organizations or individuals; contains any call
to action or solicitation to purchase a product or patronize a business; any use of
superlatives in describing a product, service or business; any direct comparison to other
products, or direct comparisons to unnamed products; any price or value information; or
any inducements to buy."
5. Require program requestors to provide the public access outsourced provider with
expressed, written consent of the program's owner for the program to be telecast on
Fayetteville's Public Access Television channel. The public access outsourced provider
will maintain a copy of all such permissions on file.
6. Produce and telecast a weekly one-hour program ("Short Takes") that provides an open -
studio opportunity for residents of Fayetteville to express their views, present information
or perform, not to exceed five minutes per person.
a. The Short Takes program is owned and controlled by the City of Fayetteville.
b. All participants and residents appearing on the Short Takes program will be
provided a document that informs them that what is presented on the Short Takes
program must conform to all guidelines for other programming telecast on the
Public Access Television channel.
7. Produce and telecast an electronic community bulletin/message board for residents to
announce events or other information.
8. Create a disclaimer that will be telecast at random times during the program schedule, no
fewer than six (6) times per day, that contains the following message in both video and
audio format: "Fayetteville Public Access Television is a public service provided by the
City of Fayetteville to help residents exercise their First Amendment Rights. The views
and opinions expressed on this channel are not necessarily those of the staff or
management of Fayetteville Public Access Television or the City of Fayetteville."
9. Establish and execute a decision-making process and criteria for the scheduling of
programming that will ensure the protection of 1st Amendment rights of program
requestors while ensuring programming does not violate Federal, State or local laws or
ordinances. The process and criteria are subject to approval by the Television Center
Manager. At a minimum, the process and criteria will:
a. Utilize program type definitions as included in Section 1 and define other
program types as necessary (i.e. one-time, series, date -sensitive, etc.).
b. Define scheduling priority of program types.
c. Define a priority conflict -resolution process.
CAT contract for 2011 , 12-17-10 Page 8 of 21
d. Establish criteria for defining "mature -audience" -type programming.
e. Ensure program requestors are informed of "mature -audience" -type programming
criteria and sign an affidavit categorizing a requested program as "mature -
audience" -type programming if appropriate.
f. Define day -parts of the programming schedule that are appropriate for "mature -
audience" -type programming.
g. Define the program scheduling process.
10. Program the automated telecast system to ensure the telecast of programming on the
Public Access Television channel 24 hours per day/7 days per week.
11. Manage the program scheduling process in such a manner that ensures no more than
seven (7) days elapse between the submission of a new program and its first scheduled
telecast.
12. Manage the program scheduling process in such a manner that the telecast of the
following program source types, if available, meet the stated minimums:
a. New local programs: 20 hours/week
b. New outside programs: 20 hours/week
c. New imported programs: 10 hours/week
13. Manage the program scheduling process in such a manner that the on -air
bulletin/message board constitutes no more than 15% of the total weekly air time.
14. Publish and distribute to the public a current program schedule weekly. The schedule
will, at a minimum, be published in the following media:
a. The Public Access Television channel's on -air bulletin/message board.
b. The Public Access Television channel's web site.
c. A publicly accessible bulletin board at the Television Center.
d. The public access outsourced provider's email address list that is maintained as an
opt -in list in the central records database.
e. Made available for publication in other media that wish to do so.
15. The public access outsourced provider will manage a procedure whereby residents can
communicate their views or complaints regarding the programming or operations of the
Public Access Television channel to the public access outsourced provider and the City.
All complaints or comments, from whatever source or however communicated, must be
immediately communicated to the Television Center Manager. After a resident makes a
complaint, either verbally or in writing, the public access outsourced provider manager,
or designee, will follow this procedure:
a. Document the complaint, recording:
i. Date.
ii. Time.
iii. Nature of the complaint.
iv. As many details as possible to facilitate the investigation of the complaint
v. Contact information of the complainant, if available.
b. Immediately communicate the complaint to the City of Fayetteville Television
Center Manager and the Television Center Manager.
c. Immediately communicate to the complainant their complaint is being
investigated, and they will receive a determination, in writing, regarding their
complaint within 3 business days.
CAT contract for 2011 12-17-10 Page 9 of 21
d. Provide a written response to the complainant detailing the investigation of their
complaint, any findings thereof, and any action taken by the management of the
public access outsourced provider in response to the complaint. The response will
also contain a statement that the complainant may appeal, in writing, any
determination or action to the City of Fayetteville Telecommunications Board, c/o
City of Fayetteville Television Center, 101 W. Rock Street, Fayetteville.
e. Provide a copy of all correspondence and other pertinent materials to the
Television Center Manager.
The public access outsourced provider will not:
1. Exercise any control of the content of programming, with the following exceptions:
a. Programs that are produced solely by the public access outsourced provider staff
for the purposes of communicating information about the Public Access
Television channel or itself.
b. Portions of "open -studio" program content produced by the public access
outsourced provider (i.e. opens, closes, bumpers, etc.).
c. The on -air bulletin/message board.
2. Schedule for further telecast any programming that has been found to violate any Federal,
State or local statute or ordinance. The public access outsourced provider staff will bring
any possible violations immediately to the attention of the Executive Director and the
Television Center Manager as they become known to them, either through complaint or
observation. The Television Center Manager will make an initial determination regarding
the status of the programming. An email message is sufficient for notification. Questions
regarding the legality of any programming should initially be directed to the Television
Center Manager.
3. Schedule for further telecast any programming that has been found in violation of any
policy of the public access outsourced provider or the City, including, but not limited to,
a violation of the affidavit of copyright; the affidavit of ownership; the affidavit of
redistribution rights; or the affidavit of "mature audience" content; each of which is
included in the telecast request process. The public access outsourced provider staff will
bring any possible violations immediately to the attention of the Executive Director and
the Television Center Manager as these violations become known to them, either through
complaint or observation. The Television Center Manager will make an initial
determination regarding the status of the programming. An email message is sufficient
for notification.
The City reserves the right to approve the content of any program telecast on the Public Access
Television channel that in any way indicates or implies it has originated directly from the Public
Access Television channel or its management. The Television Center Manager will determine if
programming meets such criteria.
PROGRAM SPONSORSHIP
Program producers and owners may accept sponsors for programming they produce for telecast
on the Public Access Television channel. Program sponsorship must adhere to the following:
1. The following may be identified as a program sponsor:
CAT contract for 2011 12-17-10 Page 10 of 21
a. Corporations or Divisions or Subsidiaries of Corporations
b. Endowments and Foundations
c. Individuals
2. General Rules for Acceptability
a. The sponsor may not exercise editorial control over the content of any portion of
programming telecast on the Public Access Television channel.
b. The public must not perceive that the sponsor has editorial control over the
content of any portion of programming telecast on the Public Access Television
channel.
c. The public must not conclude that any programming on the Public Access
Television channel promotes sponsors' products, services or other business
interests.
3. Rules for Display of Sponsor Credits
a. All sponsor credits must identify the sponsor by name and/or logo.
b. Sponsor credits may not include:
i. Any call to action or solicitation to purchase a product, i.e. any use of
"you" or "your"; or slogans such as "Get Met. It Pays."
ii. Superlatives, i.e. "...the most intelligent car ever built."
iii. Direct comparisons, i.e. "...when a Cadillac just isn't good enough."
iv. Price or value information
v. Inducements to buy, i.e. "six months free service when you buy"
c. Toll-free numbers or Web site addresses are acceptable if their purpose is only for
the viewer to receive more information, and not to solicit sales.
d. Sponsor credits may not exploit or take unfair advantage of the child audience for
children's programming.
e. Sponsor credits may not create the perception that there is a connection between
the program content and the sponsor's products or services.
f. Sponsor credits may only be displayed at the beginning or end of a program.
g. Program content may not be interrupted to provide sponsor credit.
h. No one sponsor credit may exceed fifteen 15 seconds in length. No single
program may have a sequence of sponsor credits that exceeds sixty (60) seconds
in length.
i. Credits for in-kind goods and/or services are acceptable but they must appear in
context with normal production credits and may not incorporate brands or logos.
PROGRAM LIBRARY AND ARCHIVE/PROGRAM RIGHTS
The City is committed to the preservation of Fayetteville's culture, history and legacy. This is
demonstrated, in part, by support of the preservation of the programs and material telecast on the
Public Access Television channel.
Producers will retain all rights to any program or programming they create. All producers
requesting their program to be telecast on the Public Access Television channel must sign a
statement granting the City of Fayetteville non-exclusive rights for distribution and re-
distribution of the program, either in whole or in part, as the City determines necessary. In the
case of a resident who requests a program to which they do not hold the copyright, the resident
CAT contract for 2011 12-17-10 Page 11 of 21
will provide expressed, written consent from the program's owner granting the City of
Fayetteville non-exclusive rights for distribution and re -distribution of the program, either in
whole or in part, as the City determines necessary.
The public access outsourced provider will create the necessary documentation, affidavits and
statements, subject to the approval of the Television Center Manager, to be included in any
forms used to document the request for the telecast of programming.
1. The public access outsourced provider will maintain a program library and program
library database of all programs telecast on the Public Access Television channel.
2. The public access outsourced provider will ensure the library and program library
database are maintained in an easily accessible manner.
3. Physical recording media containing programming for telecast on the Public Access
Television channel shall become property of the City.
4. The public access outsourced provider will ensure programs are archived on DVD media,
unless otherwise determined by the Television Center Manager.
5. Under no circumstances will the public access outsourced provider remove, or allow to
be removed, any program materials or media from the Public Access Television channel
program library or program library database.
PROVIDE EQUAL ACCESS TO TELEVISION PRODUCTION EQUIPMENT AND
FACILITIES TO ALL RESIDENTS OF FAYETTEVILLE ON A FIRST-COME, FIRST-
SERVED, CONTENT -NEUTRAL, NON-DISCRIMINATORY BASIS.
The City of Fayetteville provides video production equipment and facilities as a public service to
the residents of Fayetteville so they may learn and apply the skills and techniques of television
production. The public access outsourced provider will not require, solicit or accept any
compensation of any kind, beyond that agreed upon in this contract and provided by the City, in
return for the opportunity for residents to use any video production equipment or facilities
provided by the City of Fayetteville.
The City of Fayetteville Television Center Manager is responsible for the use designation of
equipment and facilities within the Television Center. The public access outsourced provider is
responsible for the management of equipment and facilities designated for use by the public and
designated for use by the public access outsourced provider staff in the execution of the services
described herein.
The public access outsourced provider will:
1. Maintain accurate and detailed inventory records of all equipment designated for use by
the public and use by the public access outsourced provider staff.
2. Assist City staff in maintaining accurate and detailed inventory records of all equipment
in the Television Center.
3. Maintain accurate and detailed records of the identification and use of all equipment that
is designated for use by the public.
CAT contract for 2011 12-17-10 Page 12 of 21
4. Maintain accurate and detailed records and identification of residents of Fayetteville who
check-out or utilize equipment designated for use by the public. A photocopy of the
documentation of residency must be included.
5. Establish and execute a reservation system and procedure for residents to be able to
reserve the use of equipment and facilities designated for public use.
6. Establish and execute check-in and check-out procedures for equipment and facilities
designated for public use.
7. Design and utilize procedures and checklists that will ensure equipment is checked for
full functionality upon return by a user. Records will be kept of the condition of
equipment on check-out and return.
8. Perform minor repairs, maintenance and upkeep of equipment and facilities as directed
by City staff.
9. Actively monitor the use of editing and studio facilities.
10. Ensure that a staff member who is fully qualified in the operation of all equipment or
facilities available for public use is present and available at all times to any resident who
is using, or wishes to use, any equipment or facilities designated for public use.
The public access outsourced provider will not:
1. Allow, or continue to allow, the use of any equipment or facilities owned or controlled by
the City of Fayetteville and provided for the use of the public or the public access
outsourced provider under this contract to be utilized in any way that may violate any
Federal, State or local law regarding copyrighted material.
OUTREACH AND COMMUNICATION WITH THE PUBLIC
1. The management, staff or members of the Board of Directors of the public access
outsourced provider will not identify the Public Access Television channel in any way,
either expressed or implied, as belonging to, owned by or controlled by the public access
outsourced provider.
2. The management, staff or members of the Board of Directors of the public access
outsourced provider will not identify the City of Fayetteville Television Center, or the
equipment contained therein, or any portion thereof, in any way, either expressed or
implied, as belonging to, owned by or controlled by the public access outsourced
provider.
3. The management, staff or members of the Board of Directors of the public access
outsourced provider will not identify themselves or their organization in any way, either
expressed or implied, as "The City of Fayetteville" or as representing the City of
Fayetteville.
4. In all communication from the public access outsourced provider, the Public Access
Television channel will be referred to and identified as "Fayetteville Public Access
Television".
5. In all communication from the public access outsourced provider, the entire production
facility will be referred to as "The City of Fayetteville Television Center".
CAT contract for 2011 12-17-10 Page 13 of 21
6. The public access outsourced provider will maintain a process for effective
communication with, and coordination among, all affected City programs, City staff, and
the Telecommunications Board.
7. The public access outsourced provider will conduct a consistent community outreach
program designed to recruit new producers and trainees. The effectiveness of such
program will be measured by meeting goals as stated herein.
8. The public access outsourced provider will provide information to the entire community
about the nature and role of public access television; educate the community about the
opportunities available for training, production and programming; and encourage groups
and individuals to participate in training classes and production experiences.
9. The public access outsourced provider will maintain a Fayetteville Public Access
Television -branded web site for the promotion of Public Access Television services and
the education of the public that includes, at a minimum, current information regarding
program, production and class schedules; policies and procedures; class syllabi; and an
internet forum for exchange of information between the City, the public access
outsourced provider, producers and trainees. The public access outsourced provider may
include a link to their organization's web site.
10. The City will provide one (1) bulletin board in a publicly accessible area of the
Television Center for the use of the public access outsourced provider. Information
posted on the bulletin board must meet at least one of the following criteria:
a. It is information from the City or public access operator regarding policies,
procedures or regulations
b. It is a request by a producer to recruit help for video productions
c. It is a request to recruit producers for specific video production projects
d. It is information directly related to the programming of the public access channel
e. It is information directly related to opportunities for training and development in
television production
f. It is information that promotes:
i. The City of Fayetteville
ii. A non-profit, 501(c)3 organization that serves the citizens of Fayetteville
iii. A government organization that serves the citizens of Fayetteville
g. It is information that informs the public of an event or program sponsored by:
i. The City of Fayetteville
ii. A non-profit, 501(c)3 organization that serves the citizens of Fayetteville
iii. A government organization that serves the citizens of Fayetteville
Information shall not be posted on bulletin boards unless it meets all of the following
criteria:
a. It shall not contain any type of direct appeal to purchase commercial goods or
services, or promote the for-profit activities of individuals, groups or
organizations
b. It shall not contain any depiction of libelous, obscene, indecent or violent material
c. It shall not be information campaigning for or in support of any political
candidate or ballot issue
d. It shall be no larger than standard "letter" sized paper, 8 1/2" x 11"
e. It shall be legible
CAT contract for 2011 12-17-10 Page 14 of 21
f. It shall not be a personal message or communication
All other bulletin boards in the Television Center are reserved for use by employees of
the City or the public access outsourced provider.
GENERAL ADMINISTRATION AND COMMUNICATION
The public access outsourced provider will administer the activities and responsibilities
described herein in compliance with all applicable Federal, State or local laws, ordinances, rules
and regulations; within the parameters of the franchise agreements between the City and
television services providers; and within any and all agreements, rules or regulations of any other
television programming distribution service or provider utilized to perform the activities or
responsibilities described herein.
All communication between the City and the public access outsourced provider with regard to
contractual matters or operations of the Television Center will be directed through the Television
Center Manager, or any other such representative as may be appointed by the City, and the
public access outsourced provider's duly appointed representative.
1. The public access outsourced provider will develop, maintain, and enforce operational
policies that assure for staff and users decorum and a professional working environment
at the City of Fayetteville Television Center consistent with other City offices.
2. The public access outsourced provider will abide by and enforce all policies, rules and
regulations regarding the use of the Television Center. The Television Center Manager is
responsible for developing and publishing policies, procedures, rules and regulations
regarding the use of the Television Center facility and equipment. The Television Center
Manager will make available to all users of the facility a reference manual that will
contain all policies, procedures, rules and regulations regarding the operation of the
Public Access Television channel and the City of Fayetteville Television Center. The
City reserves the right to exclude users or staff of the public access outsourced provider
from the Television Center for violations of policies, procedures, rules and regulations.
3. The City shall make three telephone lines available for the public access outsourced
provider's business use. The public access outsourced provider shall be responsible for
reimbursing the City, on a quarterly basis, for this expense at a rate of $20 per line per
month.
4. The public access outsourced provider shall be responsible for reimbursing the City for
its own long distance telephone calls.
5. The City is not required to provide hardware and/or software for the establishment or
maintenance of systems for the purpose of public internet access.
6. The public access outsourced provider shall be responsible for the maintenance and repair
of the hardware or software of computers installed for the office use of the public access
outsourced provider
7. The City shall provide access to the Internet for the public access outsourced provider at
the same level provided to the Television Center. The public access outsourced provider
will be responsible for any access requirements above the level provided to the
Television Center.
CAT contract for 2011 12-17-10 Page 15 of 21
8. The City shall be responsible for the payment of the Television Center utilities, routine
building and grounds maintenance and maintenance of the structure.
9. The public access outsourced provider may use the City's current copier/printer at the
Television Center for a charge of $.039 per page. If the City upgrades the copier/printer
located in the Television Center, the public access outsourced provider shall pay an
adjusted charge per page, up to, but not to exceed the standard rate charged to City
Departments and Divisions as determined annually.
10. Copier/printer maintenance costs will be paid by the City.
11. All business conducted and information maintained by the public access outsourced
provider or the public access outsourced provider Board of Directors in the execution of
this contract is subject to the terms of the Arkansas Freedom of Information Act (FOIA).
12. The public access outsourced provider will create an operations, training and production
schedule that maintains convenient business hours as well as a class schedule that allows
producers to become certified through a combination of day, evening and weekend
classes. At a minimum the public access outsourced provider will:
a. Provide service to the residents of Fayetteville a minimum of forty (40) hours per
week through six (6) days of operation.
b. Create a schedule that provides service for a minimum of four (4) hours per
scheduled operation day.
c. Provide a staff member in the lobby to greet the public whenever the Television
Center is open to the public.
d. Observe all City Holiday closings and follow City of Fayetteville policies
regarding closing for inclement weather.
The public access outsourced provider and the Television Center Manager will agree
upon the operations schedule and the public access outsourced provider will not vary
from the agreed upon schedule without prior approval of the Television Center Manager.
13. The public access outsourced provider shall submit monthly, quarterly and annual
reports, as defined by the Television Center Manager, on the execution of the activities
and responsibilities described herein. Monthly reports shall be due by the 10th of the
month following the report month. No contract payments will be made to the public
access outsourced provider while any required report is incomplete or overdue.
Quarterly reports shall be due on the following schedule:
4th Quarter/2010 Annual Report: January 10, 2011
1st Quarter Report: April 11, 2011
2nd Quarter Report: July 11, 2011
3rd Quarter Report: October 10, 2011
4th Quarter/2011 Annual Report: January 10, 2012
14. The public access outsourced provider agrees to provide the City with a monthly
financial report, due by the 10th of the following month. The report shall be prepared by
an independent certified public accountant, based on a modified accrual or cash basis
method, summarizing activity during the preceding month and year to date. Said report
shall include income and balance sheet statements.
15. Quarterly reports shall contain, but not be limited to:
i) Financial reports, detailing:
CAT contract for 2011 12-17-10 Page 16 of 21
(a) Expenditures of funds provided the public access outsourced provider from
the City
(b) Sources and amounts of other revenue
(c) Other expenditures
ii) Training reports, detailing:
(a) Training activity provided residents
(b) Training activity for staff
(c) Class and workshop activity
iii) Certification activity
(a) Certification of residents
1. Number of new trainees
2. Number of new candidate producers
3. Number of new certified producers
4. Number of new outside producers
(b) Certification of staff
iv) Production activity
(a) Production activity of residents
(b) Production activity of staff
v) Equipment Utilization
vi) Feedback and Complaints
vii) Programming reports
(a) Itemization of programs telecast by:
1. Local programs
2. Outside programs
3. Imported programs
4. Inside programs
(b) Itemization of program requestors by:
1. Local programs
2. Outside programs
3. Imported programs
4. Inside programs
(c) Quantity of new and repeat local programs
(d) Quantity of new and repeat outside programs
(e) Quantity of new and repeat imported programs
(f) Quantity of new and repeat inside programs
(g) Quantity of new program requestors
viii) Details of programs telecast to promote the use of the Public Access Television
channel
16. In addition to the monthly, quarterly and annual reports, the following special reports and
information shall be provided to the Television Center Manager:
a. Reports of stolen, missing or damaged equipment within one (1) working day of
learning of each occurrence; and
b. Requests for changes in any policies or procedures that affect any services
described herein; and
CAT contract for 2011 12-17-10 Page 17 of 21
c. All corporate documents, including but not limited to the public access outsourced
provider's by-laws, policies, articles of incorporation, certification of compliance
with affirmative action plan and EEO standards, and a list of Board members; and
d. At any reasonable time and as often as the Telecommunications Board or the City
may deem necessary, the public access outsourced provider shall make available
to them, or any of their authorized representatives, within three (3) business days,
all of the public access outsourced provider'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 or deemed pertinent to
matters covered by this Contract; and
e. During the term of this Contract, the public access outsourced provider 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; and
f. Minutes of all meetings, if taken, and materials distributed in meetings of the
public access outsourced provider's Board of Directors, or committees thereof,
shall be submitted to the Telecommunications Board and the City; and
The public access outsourced provider will, upon request of the City, make available all
supporting documentation and data relating to any reports required by this Contract or requested
by the City.
PERFORMANCE EVALUATION
1. A performance evaluation will be conducted quarterly by the Television Center Manager
to assess the public access outsourced provider's effectiveness in providing the services
described herein.
2. The City and the public access outsourced provider will agree upon periodic performance
measures. These measures will be documented as Addendum A of this contract.
3. The public access outsourced provider will provide a method for receiving feedback,
comments, input and suggestions from the public. This communication will be made
available to the Television Center Manager as part of the quarterly evaluation process.
4. The Television Center Manager will immediately communicate to the public access
outsourced provider any violations of this contract as may come to his/her attention so
that the public access outsourced provider may have an opportunity to correct such
violations in a timely manner.
5. Quarterly evaluations will be communicated to the Telecommunications Board,
consistent with the process for oversight as specified in the Telecommunications
Ordinance.
CONTRACT PERIOD
The contract period will be from January 1, 2011 until December 31, 2011. Either party may
cancel this contract at any time with a thirty (30) day written notice.
CAT contract for 2011 12-17-10 Page 18 of 21
FUNDING
The City hereby agrees to pay the public access outsourced provider 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, 2011, unless the public access
outsourced provider fails to comply with the expressed terms of this contract. The City will make
no contract payments to the public access outsourced provider unless the public access
outsourced provider is deemed in full compliance with the contract or until all contract violations
are corrected.
LEGAL AUTHORITY
The public access outsourced provider 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 the public access outsourced provider have been fully authorized by the
public access outsourced provider 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 the public access
outsourced provider 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 the public access outsourced provider or the person signing the Agreement.
The City shall not be obligated to pay the public access outsourced provider for any performance
of the provisions of this Agreement after the City has suspended or terminated this Agreement as
provided in this Section.
PERSONNEL
The public access outsourced provider shall adequately staff the public access operation to meet
the services and duties outlined in this agreement. Both City staff and the public access
outsourced provider staff will be expected to work together in a cooperative manner within the
Television Center. Personnel policies shall be established by the public access outsourced
provider and shall be available for examination by the City.
Upon termination of any employee from either the City or the public access outsourced provider,
it is understood that any violation of policy or procedure serious enough to require termination is
also grounds for exclusion from the Television Center.
EQUAL OPPORTUNITY
The public access outsourced provider shall comply with all applicable equal opportunity,
affirmative action, and ADA laws or regulations, including those of the City of Fayetteville.
INSURANCE
The public access outsourced provider shall obtain and keep in force during the term of this
agreement a policy of public liability and property damage insurance. The public access
outsourced provider shall provide continued proof of coverage in its quarterly reports. The
coverage, at a minimum, shall be in the following amounts:
General Liability
CAT contract for 2011 12-17-10 Page 19 of 21
1.
General Aggregate
$1,000,000
2.
Products/Completed Oper. Aggr.
$1,000,000
3.
Each Occurrence
$100,000
4.
Fire Damage (any one fire)
$50,000
5.
Medical Expense (any one person)
$5,000
Worker's Compensation for all employees as required by Arkansas Statute.
Bonding: The public access outsourced provider 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. The public access outsourced provider shall furnish the city proof of an
adequate fidelity bond prior to the first payment of funds under this agreement.
POLITICAL/SECTARIAN ACTIVITY
The public access outsourced provider shall not initiate or sponsor political or religious
programming. The public access outsourced provider shall not engage in any political activity.
The public access outsourced provider shall not directly produce any programs nor participate in
any activities that establish or promote any religion or prohibit the free exercise thereof.
HOLD HARMLESS
It is expressed, understood and agreed by both parties that the City is contracting with the public
access outsourced provider as an independent contractor and that as such, the public access
outsourced provider 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 the public access
outsourced provider. This Agreement shall not be construed in any manner or form as a waiver
of that Tort Immunity as set out under Arkansas Law.
CONFLICT OF INTEREST
The public access outsourced provider 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 public access outsourced provider 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 public access outsourced provider 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.
CAT contract for 2011 12-17-10 Page 20 of 21
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 Agreement 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.
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 affect the validity of the remaining provisions of this agreement.
COMMUNITY ACCESS TELEVISION CITY OF F YETTEVILLE, ARKANSAS
By: B
Li neld Jord , ayor
Title: C tti7WC- n(zayii—
ATTEST: ATTE :
By: B .
�w� Sondra Smith, City Clerk
eTitlIldt Je �/(C ,`d`eeearrtnPe1°
`.a`GRKITRF�°°°
�v es
: FAYETTEVI LLE
S
ee1661oeea
CAT contract for 2011 12-17-10.doc Page 21 of 21
Community Access Television Board of Directors
RESOLUTION
A resolution fully authorizing the Community Access Television (CAT) Executive
Director to, on behalf of CAT, negotiate and execute an agreement with the City of
Fayetteville to be its outsourced public access television service provider.
As per the minutes of the CAT Board of Directors meeting, Tuesday November 9, 2010:
2. Pass a resolution to empower the CAT Executive Director to negotiate and execute the
contract with the City of Fayetteville.
Young moved the following Resolution:
On November 9, 2010 the following Resolution was passed by the CAT Board of Directors:
The CAT Board of Directors empowers the CAT Executive Director to negotiate and execute
the contract with the City of Fayetteville for CAT providing the management of the Public
Access Channel over the term of the agreement.
Sparrow seconded the motion and Henry asked Shelley to do a roll call vote.
For: Henry, Reese, Jordan, Jensen, Young, and Sparrow
The resolution passed.
ATTEST:
By:
:hair) ANNE SHELLEY, Exec five Director
101 W. Rock St. Fayetteville, Arkansas 72701 / (479)444-3433 / fax (479)444-3437 / e-mail: anne@catfayetteville.org
'City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/21/2010
City Council Meeting Date
Agenda Items Only
Lindsley Smith Communication Communication Department
Submitted By Division Department
Action Kequirea:
Resolution to approve a contract with Community Access Television, Inc., to provide public access services and
ierate the public access television channel throughout 2011 for $93,000.
$93,000
Cost of this request
1010.6600.5713.00
Account Number
Project Number
Budgeted Item X
e art e Director
y Attorney
$93,000.00
Category / Project Budget
$ Funds Used to Date
$ 93,000.00
Remaining Balance
Budget Adjustment Attached
/2-2- o
Date
--wv
Date
I232
Finance and Internal Services Director Date
/3 iv
Services & Charges
Program Category / Project Name
Miscellaneous
Program / Project Category Name
General
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City 12-03-1 0A08:40 RCVD
Clerk's Office
C f of St Date EN
\ Received inQ
Mayor's Office t'��
M or Da
Revised January 15, 2009
aye ev e
SAS
CITY COUNCIL MEMO
TO: Mayor Lioneld Jordan and City Council
FROM: Lindsley Smith, Communication Director
DATE: December 3, 2010
SUBJECT: Community Access Television, Inc., Contract for 2011
THE CITY OF FAYETTEVILLE, ARKANSAS
ADMINISTRATION
113 West Mountain
Fayetteville, AR 72701
P (479) 575-8330 F (479) 575-8257
RECOMMENDATION
Approval of the attached contract between the City of Fayetteville and Community Access Television, Inc. in
the amount of $93,000 to operate the Public Access Channel from January 1, 2011, through December 31, 2011.
BACKGROUND
The Public Access Channel is one of the three channels provided by Cox Communications as a part of the
franchise fee agreement between the City of Fayetteville and Cox Communications. Community Access
Television, Inc., was selected to be the City's public access provider and was awarded a five-year contract with
required annual renewals. This request is a request for approval of the 2011 contract period.
DISCUSSION
After a Request for Proposal process by the City of Fayetteville for bids to perform public services related to the
City of Fayetteville's public access television channel, the non-profit 501(c)(3) entity Community Access
Television, Inc., submitted the sole proposal and, after a review and interview process, was selected to engage
in a negotiation for providing public access services to the City of Fayetteville and its residents. A draft
contract was created by the City of Fayetteville and submitted for review and input by Community Access
Television, Inc. The City of Fayetteville accepted almost all of the outsourced public assess television
provider's recommendations to the contract, and after negotiation discussions and contract revisions, a contract
was signed and attested by the Community Access Television Board of Directors through its duly -elected
representative, Anne Shelley, Community Access Television Executive Director, on December 1, 2010, for
submittal to the Fayetteville City Council for approval.
The first draft of the contract was submitted to the Telecommunications Board on November 18 for the Board's
review and advice to both staff and the City Council, as well as for the Board's November 18 Board meeting.
The post -negotiation and final contract signed by outsourced public assess television provider Community
Access Television, Inc., was provided to the Telecommunications Board for its review and input on December
2, 2010.
BUDGET IMPACT
The total cost of this contract is $93,000. This amount is included in the proposed 2011 Budget to be approved
by the City Council.
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT WITH COMMUNITY
ACCESS TELEVISION, INC. IN THE AMOUNT OF $93,000.00 TO PROVIDE
PUBLIC ACCESS TELEVISION CHANNEL OPERATION SERVICES FOR
CALENDAR YEAR 2011
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 Community Access Television, Inc. in the amount of $93,000.00 to provide public
access television channel operation services for calendar year 2011. A copy of the contract is
attached as Exhibit "A."
PASSED and APPROVED this 21St day of December, 2010.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
Departmental Correspondence
RKANSAS
TO: Mayor Jordan
Don Marr, Chief of Staff
Lindsley Smith, Communications & Marketing Director
Fritz Gisler, Government Channel Manager
FROM: Kit Williams, City Attorney
DATE: December 22, 2010
RE: Amended CAT Contract
ii
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
Attached please find the amended page two of the CAT contract approved
by the City Council last night. The only change is to the definition of Certified
Producer in which the City Council voted to add: "or an existing active certified
producer as of December 31, 2010" to the Certified Producer definition. Please
substitute this amended page two for the original prior to the Mayor's signature.
1'r
Addendum A
Public Access Televsion Contract
2011
Quarter 1
Quarter 2
Quarter 3
Quarter 4
Deliverable
January
February
March
April
May
June
July
August
September
October
November
December
Educate Fayetteville Residents in the
Production and Distribution of Non-Commercia
Television Programming
Develop and publish training curriculum
1/1/2011
Develop and publish class schedule
1/1/2011
Develop student evaluation:
Methods
1/1/2011
Criteria
1/1/2011
Establish minimum proficiency level for students
1/1/2011
Create recordkeeping system for student perfornance
1/1/2011
Recruit and train fifty (50) new people
10
15
15
10
Provide E uitable Channel Availabili
Develop ro ram request process
2/1/2010
Develop message board request process
2/1/2010
Write and produce disclaimer message
1/1/2011
Develop new program request form
2/1/2010
Develop affidavits for program requestors
2/1/2010
Criteria for program scheduling
Define program content types
1/1/2011
Scheduling priority of content type
2/1/2011
Scheduling conflict resolution
2/1/2011
Define scheduling dayparts
2/1/2010
Criteria for 'mature -type" programming1/15/2011
Scheduling process
1/1/2011
Change work flow —No more than 7 days between re uest and telecast of new programs
2/1/2011
Minimum hours of new programming in schedule
(if available)
New Local — 20hrs/week
2/1/2011
New Outside — 20hrs/week
2/1/2011
New Imported — 10hrs/week
2/1/2011
Revise Comment/Complaint procedure as defined
1/1/2010
Program Libra /Pro ram Ri hts
Setup library/archive process to comply with contract stipulations
1/15/2011
Create Statement of Distribution Rights
1/15/2011
Obtain and maintain records of statements grantingdistribution rights
Provide E ual Access to E ui ment
Assist City staff in maintaining accurate inventory
1/1/2011
Accurate and detailed records of use of public equipment
2/28/2011
Accurate and detailed records of users of equipment
2/28/2011
Execute new reservationsystem
2/28/2011
Execute new checkin/checkout procedure
1/15/2010
Define Procedures and checklists for checking equipment functionality
1/15/2010
Page 1 of 2
Addendum A
Public Access Televsion Contract
2011
Page 2 of 2
Addendum A
Public Access Televsion Contract
2011
Performance Tracking and Evaluation
(The number of violations (if any) will be indicated in each time period)
(YIN indicates a violation did occur in that criteria)
Y/N
Quarter 1
Quarter 2
Quarter 3
Quarter 4
Deliverable
January
February
March
Aril
May
June
July
August
September
October
November
December
Educate Fayetteville Residents in the
Production and Distribution of Non -Commercial
Television Programming
Offer six (6) free classes per week
Student evaluation
Records
Trackin
Require minimum proficiency from students
Maintain records of student perfomance
Provide technical support and resources
Internal
External
Require passing grades in three (3) core classes
Require candidate producer to provide 1 telecastquality
qL'e'ity
program
p
Require certified producer to provide 1 telecast ua' program per year
Maintain records on carried producers
Provide one (1) free workshop er month
Offer training in in all available methods of distribution
Ensure instructors maintain a minimum level of competence
Publish shedule of classes monthly, 30 days in advance
Ensure staff stays current with technology
Provide reports on training and education activity
Provide Equitable Channel Availability
Execute developed program request process
Ensure requestors are residents of Fayetteville
Pequire requestors to sign required affidavits regardingprogramming
Require re uestors to have permission from program owner
Produce and telecast open -studio program weekly
Produce and telecast on -air bulletin/message board
Create and telecast disclaimer 6 times/day random)
Execution of program scheduling
Scheduling riorit of content type
Scheduling conflict resolution
Criteria for mature -type" programming
Scheduling process
Pro ram automated telecast system
No more than 7 days between request and telecast of new programs
Minimum hours of new programming in schedule
New Local — 20hrs/week
New Outside — 20hrs/week
New Imported — 10hrs/week
On -air bulletin/message board no more than 15% of
schedule
Publish and distribute current program schedule week)
Comment/Complaint procedure followed as defined
Program Library/Program Rights
Page 1 of 2
Addendum A
Public Access Televsion Contract
2011
Performance Tracking and Evaluation
(The number of violations (if any) will be indicated in each time period)
!V/N indicates a vinlatinn did near in that criterial
Obtain and maintain records of statements granting distribution rights
Maintain program library and library database
Ensure easy access to library
All new programs archived on DVD
No removal of any ro ram materials or media from libra
Provide Equal Access to Equipment
Maintain accurate inventory records
Assist City staff in maintaining accurate inventory
Mtinting accurate and detailed records of use of pt c equipment
Maintain accurate and detailed records of users of a ui ment
Execute reservation system
Execute checkin/checkout procedure
Procedures and checklists for checking ui mentfunctionalit
Perform minor repairs and maintenance
Actively monitor studio and editing facilities
Ensure fully ualified staff member is available at all
times
Outreach and Communication with the Public
Do not identify channel as C.A.T.
Do not identify facility as C.A.T.
Channel referred to as "Fayetteville Public Access Television"
Facility referred to as "City of Fayetteville Television Center"
Effective communication between C.A.T. City staff
and Telecom Board
Executive Director to have regular meetings:
Weekly
Meeting with Center Mgr.
Monthly
Meeting with Dir. Comm.
Monthly
Meeting with TCB
Consistent community outreach program
Provide information about everything offered to the oublic
Mmaintain a Web site for Fayetteville Public Access Television
General Administration and Communication
Enforce policies for professional environment
Abide by and enforce all TV Center rules and policies
Minimum forty (40) hours of operation per week
Minimum four (4) hours per day open
Six (6) days/week operation
Staff member in lobby
Observe City Holiday and weather closings
Reports as defined in the contract
Page 2 of 2
Television: Video programming that is distributed through any one or more wide -area
distribution methqds, such as Video On Demand, Web site embedding, cable, IPTV, Web
streaming, over -the it broadcast, etc.
Public Access Outs�tkrced Provider: An organization t at }provides certain Public Access
Television services, sub as education, telecasting an1 management, to the residents of
Fayetteville under contract ith the City of Fayetteville.
Curriculum: A documented an of teaching in whic subject matter and class sessions are
described in a detailed syllabu including specific topics, teaching methods, schedules and
methods of student evaluation.
Class: An organized, regularly sche ule4
particular subject and lead by an employ
Workshop: An organized, non -regular in
topic of interest to the participants, usually
Programming: Video and/or audio mal
determined by a producer and distributed ti
Producer: An individual who creates, of
television program.
Trainee: A resident of Fayetteville who is
required to obtain status as a Candidate Pr
Candidate Producer: A resident of Faye teville who has co le
been evaluated at an acceptable skill lev 1 and is allowed to uti
as designated by their evaluation, soleli for the use of producing
Certified Producer. As a Candidate qroducer, an individual m,
continued demonstration of proficie y, to re -take any or all cli
status, if deemed necessary by e' her the public access out
LcLve teaching session that is focused on a
to teach the subject.
teaching session which covers a particular
an expert in the subject matter.
at is organized in a particular fashion as
or more means to an audience.
ztr s or is responsible for the content of a
in one of the three (3) core classes
I the required training and/or
Television Center equipment
program to obtain status as a
e required, based on their
,e leading to their candidate
urc�4 provider staff or the
Television Center Manager.
Certified Producer: A resident f Fayetteville who has completed AL requirements of
certification, including the submi ion of at least one (1) telecast quality pro ram for telecast on
the Public Access Television c annel. Certified Producers are allowed to ' utilize Television
Center equipment as designated y their area of certification.
Program Requestor: A reside t of Fayetteville who requests a program to be telecast on the
Public Access Television chanliel.
Local Program: A program pi1kduced by an individual utilizing Television Center equipment.
Outside Program: A progrftm produced by an individual not utilizing Television Center
equipment.
Inside Program: A progranproduced internally by the public access outsourced provider staff.
Imported Program: A program requested by a resident that is not produced or owned by that
individual.
CAT contract for 2011 12-17-10 Page 2 of 21
CONTRACT BETWEEN CITY OF FAYETTEVILLE ARKANSAS
AND
COMMUNITY ACCESS TELEVISION .A.T.)
A 501-C-3 NONPROFIT ORGANIZATI N
AGREEMENT
This Agreem�tt is made this 1st day of January, 20iiiby and between the City of Fayetteville, a
municipal Corp ration ("City"), and Community qccess Television, a nonprofit corporation
("C.A.T."), whoa ee as follows:
PURPOSE
1. The purpose of PuN.c Access
residents of Fayettevi e in the
Television and to pro'S�Ie an
programming in a first -co , fir
accordance with the First Athij4t
2. The City of Fayetteville is a of
services providers with whic it
3. The City of Fayetteville d sires
Television in Fayetteville.
4. This contract for Public ccess T
INTENT
ion in Fayetteville is to provide training for
ques of video production for Public Access
nity for residents of Fayetteville to provide
, content -neutral, non-discriminatory manner, in
a Public Access Television channel by television
agreements.
.ovide support for the operation of Public Access
services is contingent upon the City retaining
agreements with televis on services proviers, such as they continue to provide the City
with a Public Access T levision channel.
5. The City has determi ed it will provide sup rt for the operation and programming of its
Public Access Television channel and it will p vide physical space and equipment at the
City of Fayettevill9fTelevision Center, located at 01 W. Rock Street, Fayetteville.
6. The City of Fay tteville provides financial sup rt through General Fund Revenue
allocations for o1ierational contract services, buildin and facilities, approximately 3,000
square feet of space, utilities, repairs, maintenanc� custodial services and capital
expenditures fir facilities, studios and equipment.
NOW, THEREFOR, in consideration of the mutual promises and co enants set forth herein, the
parties agree as fol ows:
SECTION 1. D INITIONS
For the purpos s of this contract, the following definitions will be established:
Resident of Fayetteville: An individual who resides within the city limits of Fayetteville.
Residency ay be documented by producing a current City of Fayetteville utility bill, a rental
contract, a river's license, or a government -issued photo ID that contains name and address.
2011 final_1
Page 1 of 21
Television: Video programming that is distributed through any one or more wide -area
distribution methods, such as Video On Demand, Web site em dding, cable, IPTV, Web
streaming, over -the -air broadcast, etc.
Public Access Outsourced Provider: An organization that p ovides certain Public Access
Television services, such as education, telecasting and m agement, to the residents of
Fayetteville under contract with the City of Fayetteville.
Curriculum: A documented plan of teaching in which s ject matter and class sessions are
described in a detailed syllabus, including specific tops, teaching methods, schedules and
methods of student evaluation.
Class: An organized, > egularly scheduled, interactiv teaching session that is focused on a
particular subject and leI by an employee qualified t teach the subject.
Workshop: An organize non -regular interactive eaching session which covers a particular
topic of interest to the parti ipants, usually lead by n expert in the subject matter.
Programming: Video and1 audio material at is organized in a particular fashion as
determined by a producer and Wstributed throu one or more means to an audience.
Producer: An individual who eates, own , controls or is responsible for the content of a
television program.
Trainee: A resident of Fayetteville ho is urrently enrolled in one of the three (3) core classes
required to obtain status as a Candidat P ducer.
Candidate Producer: A resident of Fa tteville who has completed the required training and/or
been evaluated at an acceptable skill 1 e and is allowed to utilize Television Center equipment
as designated by their evaluation, so ly fo the use of producing a program to obtain status as a
Certified Producer. As a Candidat Produc , an individual may be required, based on their
continued demonstration of profi ency, to re ake any or all classes leading to their candidate
status, if deemed necessary b either the p blic access outsourced provider staff or the
Television Center Manager.
Certified Producer: A resi nt of Fayetteville ho has completed ALL requirements of
certification, including the s mission of at least one 1) telecast quality program for telecast on
the Public Access Televis' n channel. Certified Pro ucers are allowed to utilize Television
Center equipment as desi ated by their area of certifica on.
Program Requestor: A esident of Fayetteville who req ests a program to be telecast on the
Public Access Televisio channel.
Local Program: A pro am produced by an individual utilizi Television Center equipment.
Outside Program: program produced by an individual of utilizing Television Center
equipment.
Inside Program: program produced internally by the public acce outsourced provider staff.
Imported Progra : A program requested by a resident that is not roduced or owned by that
individual.
2011 final_l Page 2 of 21
SECTION 2: GENERAL PROVISIONS
All services described in this contract and provided to the public by the p lic access outsourced
provider, will be provided free of charge to residents of Fayettev' le. The public access
outsourced provider will not require, solicit or accept any compensatio of any kind, beyond that
agreed upon in this contract and provided by the City, in returnor providing the services
described herein, unless otherwise stipulated in this contract.
The public access outsourced provider shall not provide a7�tat
s91vices or engage in any activity
not described in this c tract, with or without compensatiotilizes equipment, facilities or
resources owned or co rolled by the City of Fayetteville, the expressed written consent
of the City, or as stipulat d in this contract.
The public access outsour d provider may char/edy
fee for the following activities utilizing
equipment, facilities or resou ces owned or controlthe City of Fayetteville:
1. Citizens of Washingtoh County, Arkansas re not residentsof Fayetteville may be
charged a fee for attendi any class sessioorkshop conducted by the public access
outsourced provider.
2. Workshops other those stip lated in
conducted utilizing City of F ettevi
3. The sale of blank recording me ia.
4. Duplication services.
5. The public access outsourced pro
production services are provided,/fr
a. These services and activities
b. All programming prod ced t
as being provided at no charge that are
r may provide video production services for a fee. If
following conditions apply:
�ugh
l be referred to as "contract production".
contract production activity must be telecast
on the Public Access 7elevision h
c. Contract productio activities th
production and theft related activiti
d. Contract production services may
Counties in Arinsas.
include field production, editing, studio
including pre- and post -production activity.
[y be provided in Washington and Benton
e. The public a ess outsourced provider hall charge industry -competitive rates.
The public cess outsourced provider ll conduct a rate survey quarterly to
include vid o production providers in a 10 mile radius of Fayetteville. Service
rates will e reviewed and approved by the Te vision Center Manager.
f. The pubic access outsourced provider will uti ' e a standard contract document
for ea91i agreement to provide contract prod ction services. This contract
docu nt will be approved by the Television Cente anager.
g. All f es charged for providing contract production se 'ces will be collected at the
poi t the public access outsourced provider delivers the anal product for which it
w contracted.
h. i4l monies collected for providing production services will e utilized to support
ayetteville Public Access services or capital improvements approved by the
City Council and following applicable City of Fayettevi policies and
procedures.
2011 final_1 Page 3 of 21
6. In addition to charging a fee for services described above, the public acces outsourced
provider may generate revenue utilizing equipment, facilitie/oerations
es owned or
controlled by the City of Fayetteville through:
a. Fundraising activities designed to raise funds to supporor capital
improvements of the Public Access channel.
b. Acquisition of grants or awards dedicated to supportns or capital
improvements of the Public Access channel.
If the public access outsourced provider generates or collects an evenue through activities as
allowed in this contrkct, or otherwise approved by the City, u4iizing equipment, facilities or
will ensure:
1. All monies collected for providing such services wl be remitted to the City. Any checks
collected must be written to "The City of Fayette le".
2. The public access outsourced provider will de e the process, subject to approval by the
Television Center Manager, by which any f s or monies collected are to be accounted
for and remitted to the City,
3. All monies collected for providing such rvices will be utilized to support Fayetteville
Public Access services or capital impr ements, as approved by the City Council and
following applicable City of Faycttevijte policies and procedures.
4. Proper accounting and records of�s ices provided, fees charged and monies collected
for services will be kept by the pu ' c access outsourced provider, in a manner approved
by the Television Center Manage .
The City of Fayetteville provides the Arvices described herein as a public service to the residents
of Fayetteville for non-commercial je. The public& access outsourced provider will not allow any
equipment, facilities or resources jwned or controlled by the City to be used to generate revenue
for any private company, group, rganization or individual with the following exceptions:
1. The public access outs rced provider may produce, or allow to be produced, up to four
(4) televised fund-ra' ing programs or activities for Fayetteville -based, 501(c)3, non-
profit organizations.
2. The public acces outsourced provider may produce one (1) televised fund-raising
program or actiyfty for itself. This fund-raiser will not count towards the four (4)
described abov .
3. Televised fun -raising programs or activities may not exceed twenty-four (24) hours of
continuous jrogramming, or, if not continuous programming, exceed seven (7)
contiguous ays of duration.
4. Fund-rais' g messages may not be displayed over other pro�amming without the
express� written consent of the program owner. \\
5. The 091air bulletin/message board and the Short Takes program maybe used by 501(c)3
non-pfofit organizations to announce or publicize activities of their organizations that
gen rate revenue for their organizations or programs.
Ownersl�+Ip title to all capital acquisition, supplies, material or any other property purchased with
funds r ceived under this Contract is vested with the City, and possession of such property shall,
upon rmination of the Contract, revert to the City unless otherwise provided for by the City in
2011 final_i Page 4 of 21
writing. Any equipment secured through fund-raising efforts to benefit the Public Access
Television channel shall remain the property of the City's Television Center. Any funds or
revenue secured through fund-raising efforts to benefit the Public Access Television channel
shall be remitted to the City. /
All policies, procedures, information and execution of the services and responsibilities described
in this contract shall be subject to approval by the Television Center Manager. The public access
outsourced rovider will not make changes or revisions to any policy, procedure or method of
work directl related to the services described herein without the prior approval of the Television
Center Manag r.
In exchange for the funding provided by the City to the public access outsourced provider,
pursuant to this Agreement, the public access outsourced provider shall provide the following
services and report progress in each area to the Telecomn3unications Board and the City as
defined in this contract:
2011 final_1 Page 5 of 21
SECTION 3: SCOPE OF SERVICES
EDUCATE FAYETTEVILLE RESIDENTS IN THE PRODUCTIO AND DISTRIBUTION
OF NON-COMMERCIAL TELEVISION PROGRAMMING
The public access outsourced provider will provide training and tec cal support for residents of
Fayetteville so they may learn the techniques and details of vid o production and television
programming distribution.
The public acce§s outsourced provider will:
1. Create an implement a training curriculum that e hasizes technical proficiency and
production qiality. The curriculum will contain at 1 st 4 core classes in the subjects of:
a. Orientation
b. Basic Field Production
c. Basic Studio Production
d. Basic Video diting
The syllabus for eac class will be availabl on the Fayetteville Public Access Television
web site.
2. Offer a minimum of si (6) free classe a week taught by the public access outsourced
provider staff in various isciplines o video production and programming distribution.
At least three (3) classes ea week st be in the core subjects.
3. Create student evaluation teria and methods that allow students to demonstrate
proficiency in training both in n ng and through practical application.
4. Require a minimum level of pro ciency, as approved by the Television Center Manager,
to achieve a passing grade in cl ss
5. Maintain records of student p form ce and evaluations.
6. Provide training and develoyhient res rces, and technical support, in addition to regular
classes, to residents of Fayetteville w ' e they are engaged in training or production
activities. l
7. Provide technical and roduction consult ion to residents of Fayetteville who are
producing outside proms.
8. Recruit and train a rdimmum of fifty (50) new eople who are Fayetteville residents to
complete at least tee (3) of the basic core cla es at a proficiency level required to
achieve status as atcandidate producer. The requi d number of people trained will be
distributed in thy" four (4) quarters of the year as 1 n the 1St Quarter; 15 in the 2nd
Quarter; 15 in tl e 3rd Quarter and 10 in the 4th Quarter.
9. Require a pas/Ing grade in a minimum of three (3) core c ses for a student to achieve
the status of candidate producer.
10. Require ea,�i candidate producer to produce at least one new to ast quality program to
gain status as a certified producer. If candidate producers do not et this requirement
during the term of the contract, the public access outsourced provider shall determine and
report on the reasons that candidate producers did not complete the program for
certification.
11. Require each certified producer to produce at least one new telecast quality program per
year to maintain status as a certified producer.
12. Maintain a record for each certified producer that contains, at a minimum, their name,
address, telephone number, the area in which they are certified, and the expiration date of
2011 final_i Page 6 of 21
their certification. Unless a certified producer performs the minimum re irements to
maintain certification, their certification will expire one (1) year after e date their
certification became valid.
13. rovide one (1) free workshop each month for residents of Fayettevill on various topics
re ted to video production or television distribution lead by subject atter experts from
out de the organization. Such instructors must be approved in adv nce by the Television
Cent Manager.
14. Offer t ining in the use of all available methods of television ogramming distribution.
15. Ensure t at instructors maintain a minimum level of co etence in the operation of
equipment, as approved by the Television Center Mana r. This can be demonstrated
through ind try certification or actual demonstration skills to the Television Center
Manager or th r designee. If an instructor fails to me a minimum level of competence,
they will be pro bited from teaching any classes workshops until such time as they
have demonstrate to the Television Center Ma ger, or designee, they have achieved
that level.
16. Create and publish a onthly schedule of asses and workshops, a minimum of 30
calendar days prior to nducting the cla es. The schedule will, at a minimum, be
published in the following edia:
a. The Public Access T evision ch el's on -air bulletin board.
b. The Public Access Tele ision c annel's web site.
c. A publicly accessible bul tin oard at the Television Center.
d. The public access outsourc provider's email address list that is maintained as an
opt -in list in the central re or s database.
e. Made available for publ' ation ' other media that wish to do so.
17. Ensure the public access tsource provider staff stays current with emerging
technologies through profes onal develop ent that includes technical training.
18. Provide reports on trainin nd education a vity as required by the City.
PROVIDE EQUITABLE CH NNEL AVAILABILI Y AND PROGRAMMING SERVICES
TO FAYETTEVILLE RES ETS ON A FIRST- ME, FIRST -SERVED, CONTENT -
NEUTRAL, AND NON -D C MINATORY BASIS.
The City of Fayettevill pr ides airtime on the Public Ace s Television channel as a public
service to the resident o ayetteville. The public access outs rced provider will not require,
solicit or accept any co penration of any kind, beyond that aged upon in this contract and
provided by the Cit ' return for telecasting any programming on e Public Access Television
channel.
1. Establj4l and execute a process whereby residents of Fayett ille may request
pro ing to be telecast on the Public Access Television channe .\ This process is
sub' ct to approval by the Television Center Manager.
2. Et#ure individuals requesting programs to be telecast by the public access outsourced
ovider on the Public Access Television channel are residents of Fayetteville, as defined
n Section 1.
2011 final_1 Page 7 of 21
3. Require requestors to sign an affidavit warranting that the program they are requesting to
be telecast does not contain:
a. any violation of any Federal, State or local statute or ordinance re ating to
obscenity; and
b. any material that is an unlawful invasion of privacy; and
c. any use of material which violates copyright law;
Such a sta ment does not relieve the public access outsourced provider of it duty to prevent
further telec t of programming that does not meet the stipulations contai d herein, as such
programming b�mes to its knowledge.
4. Ensure prograhning is not commercial in nature. Commercia rogramming is defined
as: "Programmin that contains direct appeals to purchase co mercial goods or services;
promotes the activ' ies of for-profit groups, organizations o ndividuals; contains any call
to action or solicition to purchase a product or pat nize a business; any use of
superlatives in descri ing a product, service or busine ; any direct comparison to other
products, or direct corn arisons to unnamed product(any any price or value information; or
any inducements to buy.'
5. Require program request��s to provide the p lic access outsourced provider with
expressed, written consent b4 the program's ner for the program to be telecast on
Fayetteville's Public Access levision cha el. The public access outsourced provider
will maintain a copy of all such ermission on file.
6. Produce and telecast a weekly on -hour rogram ("Short Takes") that provides an open -
studio opportunity for residents of ' eville to express their views, present information
or perform, not to exceed five minute er person.
a. The Short Takes program is w d and controlled by the City of Fayetteville.
b. All participants and resi ents a earing on the Short Takes program will be
provided a document t informs t m that what is presented on the Short Takes
program must confo to all guideli es for other programming telecast on the
Public Access Television channel.
7. Produce and telecast an lectronic community &i11etinImessage board for residents to
announce events or oth information.
8. Create a disclaimer t t will be telecast at random ti s during the program schedule, no
fewer than six (6)'fnes per day, that contains the folio ing message in both video and
audio format: "F etteville Public Access Television is a ublic service provided by the
City of Fayette lle to help residents exercise their First A ndment Rights. The views
and opinions expressed on this channel are not necessari1y those of the staff or
manageme of Fayetteville Public Access Television or the City'b Fayetteville."
9. Establish nd execute a decision -making process and criteria the scheduling of
progran1ing that will ensure the protection of 1st Amendment 'ghts of program
reque ors while ensuring programming does not violate Federal, State\o local laws or
ordi ces. The process and criteria are subject to approval by the Television Center
M ager. At a minimum, the process and criteria will:
a. Utilize program type definitions as included in Section 1 and define other
program types as necessary (i.e. one-time, series, date -sensitive, etc.).
b. Define scheduling priority of program types.
c. Define a priority conflict -resolution process.
2011 final_1 Page 8 of 21
d. Establish criteria for defining "mature -audience" -type programming.
e. Ensure program requestors are informed of "mature -audience" -type programming
criteria and sign an affidavit categorizing a requested program s "mature -
audience" -type programming if appropriate.
f. Define day -parts of the programming schedule that are appropri e for "mature -
audience" -type programming.
g. Define the program scheduling process.
10. Program thei automated telecast system to ensure the telecast of rogramming on the
Public Acces Television channel 24 hours per day/7 days per we/k.
11. Manage the p gram scheduling process in such a manner tat ensures no more than
seven (7) days e pse between the submission of a new pro am and its first scheduled
telecast.
12. Manage the prograM scheduling process in such a n3Inner that the telecast of the
following program source types, if available, meet the �ted minimums:
a. New local programs: 20 hours/week
b. New outside programs: 20 hours/week
c. New imported progra s: 10 hours/we
13. Manage the program sche uling process jh such a manner that the on -air
bulletin/message board constitute no more th 15% of the total weekly air time.
14. Publish and distribute to the pub 'c a curt t program schedule weekly. The schedule
will, at a minimum, be published in he fo wing media:
a. The Public Access Television\hel's on -air bulletin/message board.
b. The Public Access Television annel's web site.
c. A publicly accessible bu1letiiybocd at the Television Center.
d. The public access outsourc d prove er's email address list that is maintained as an
opt -in list in the central r ords data se.
e. Made available for pub cation in othe edia that wish to do so.
15. The public access outsource provider will ma age a procedure whereby residents can
communicate their views t complaints regardin the programming or operations of the
Public Access Televisio channel to the public acc s outsourced provider and the City.
All complaints or co ents, from whatever source o however communicated, must be
immediately commu cated to the Television Center Mager. After a resident makes a
complaint, either v ally or in writing, the public acces outsourced provider manager,
or designee, will flow this procedure:
a. Docume the complaint, recording:
i. ate.
ii Time.
i' . Nature of the complaint.
iv. As many details as possible to facilitate the investigatio of the complaint
v. Contact information of the complainant, if available.
b. Immediately communicate the complaint to the City of Fayette Ile Television
Center Manager and the Television Center Manager.
c. Immediately communicate to the complainant their complain is being
investigated, and they will receive a determination, in writing, regar ng their
complaint within 3 business days.
2011 final 1 Page 9 of 21
d. Provide a written response to the complainant detailing the investigation of their
complaint, any findings thereof, and any action taken by the management of the
public access outsourced provider in response to the complaint. The response will
also contain a statement that the complainant may appeal, in/ writing, any
determination or action to the City of Fayetteville Telecommunications Board, c/o
City of Fayetteville Television Center, 101 W. Rock Street, Fay tteville.
e. Provide a copy of all correspondence and other pertinepf materials to the
Television Center Manager.
public access utsourced provider will not:
1. Exercise an control of the content of programming, with the ollowing exceptions:
a. Progra s that are produced solely by the public ac ess outsourced provider staff
for the urposes of communicating informat' n about the Public Access
Television hannel or itself.
b. Portions of "open -studio" program conten produced by the public access
outsourced pro 'der (i.e. opens, closes, bumpers, etc.).
c. The on -air bullets message board.
2. Schedule for further teleca any programming t t has been found to violate any Federal,
State or local statute or ordi nce. The public ccess outsourced provider staff will bring
any possible violations imme iately to the Lttention of the Executive Director and the
Television Center Manager as t e:
observation. The Television Cent
the status of the programming. An
regarding the legality of any prog
Center Manager.
3. Schedule for further telecast any
policy of the public access outsi
rx�'known to them, either through complaint or
er will make an initial determination regarding
message is sufficient for notification. Questions
ig should initially be directed to the Television
that has been found in violation of any
or the City, including, but not limited to,
a violation of the affidavit of copyright; the affidavit of ownership; the affidavit of
redistribution rights; or the ffidavit of " ture audience" content; each of which is
included in the telecast req est process. The \attention
s outsourced provider staff will
bring any possible violati ns immediately to of the Executive Director and
the Television Center nager as these violaknown to them, either through
complaint or obsery ion. The Televisionanager will make an initial
determination regar ga the status of the proAn email message is sufficient
for notification.
The City reserves the rjht to approve the content of any program t�1ecast on the Public Access
Television channel th in any way indicates or implies it has originate directly from the Public
Access Television cannel or its management. The Television Center Mager will determine if
programming mee such criteria.
PROGRAM SPONSORSHIP
Program pro cers and owners may accept sponsors for programming they produce for telecast
on the Pub'Publi4 Access Television channel. Program sponsorship must adhere to the following:
1. The following may be identified as a program sponsor:
2011 final 1 Page 10 of 21
a. Corporations or Divisions or Subsidiaries of Corporations
b. Endowments and Foundations
c. Individuals
2. General Rules for Acceptability
a. The sponsor may not exercise editorial control over the contentf any portion of
programming telecast on the Public Access Television channel `
b. The public must not perceive that the sponsor has editorial control over the
content of any portion of programming telecast on the Pu lic Access Television
channel.
c. The public must not conclude that any programrr�g on the Public Access
Television channel promotes sponsors' productf services or other business
3. Rules for Displa of Sponsor Credits
a. All sponso credits must identify the sponsor)y name and/or logo.
b. Sponsor cre 'ts may not include:
i. Any c 1 to action or solicitatiof to purchase a product, i.e. any use of
"you" o "your"; or slogans suc as "Get Met. It Pays."
ii. Superlati s, i.e. "...the most 'ntelligent car ever built."
iii. Direct comparisc
iv. Price or value ini
v. Inducements to b
c. Toll -free numbers or
the viewer to receive mo
d. Sponsor credits may not
children's pro grammin ,
e. Sponsor credits may of
i.e. ". hen a Cadillac just isn't good enough."
(six months free service when you buy"
addresses are acceptable if their purpose is only for
rmation, and not to solicit sales.
,t or take unfair advantage of the child audience for
the perception that there is a connection between
the program conten nd the s nsor's products or services.
f. Sponsor credits m y only be di layed at the beginning or end of a program.
g. Program conten�nay not be inte pted to provide sponsor credit.
h. No one spon r credit may exc ed fifteen 15 seconds in length. No single
program ma have a sequence of s onsor credits that exceeds sixty (60) seconds
in length.
i. Credits fof in -kind goods and/or servi s are acceptable but they must appear in
context ith normal production credits a1 may not incorporate brands or logos.
PROGRAM LIBRARY AND ARCHIVE/PROGRAM RI TS
The City is co fitted to the preservation of Fayetteville's c Lure, history and legacy. This is
demonstrated, it/part, by support of the preservation of the progr s and material telecast on the
Public Access elevision channel.
Producers will retain all rights to any program or programming they create. All producers
requesting their program to be telecast on the Public Access Television channel must sign a
statement granting the City of Fayetteville non-exclusive rights for distribution and re-
distribution of the program, either in whole or in part, as the City determines necessary. In the
case of a resident who requests a program to which they do not hold the copyright, the resident
2011 final_1 Page 11 of 21
will provide expressed, written consent from the program's owner granting the City of
Fayetteville non-exclusive rights for distribution and re -distribution of the program, either in
whole or in part, as the City determines necessary.
The public access outsourced provider will create the necessary documentatio , affidavits and
statements, subject to the approval of the Television Center Manager, to b included in any
forms used to document the request for the telecast of programming.
1. The public access outsourced provider will maintain a progpm library and program
library datab se of all programs telecast on the Public Access 7elevision channel.
2. The public a cess outsourced provider will ensure the brary and program library
database are m 'ntained in an easily accessible manner.
3. Physical records g media containing programming f telecast on the Public Access
Television channe shall become property of the City.
4. The public access o tsourced provider will ensure p ograms are archived on DVD media,
unless otherwise dete ined by the Television Ce er Manager.
5. Under no circumstance will the public access utsourced provider remove, or allow to
be removed, any program aterials or media om the Public Access Television channel
program library or program hrary database.
PROVIDE EQUAL ACCESS TO ELE
FACILITIES TO ALL RESIDENTS O1 F
SERVED, CONTENT -NEUTRAL, NON -D
The City of Fayetteville provides video
the residents of Fayetteville so they ms
production. The public access outscy
compensation of any kind, beyond t t
return for the opportunity for res' en
provided by the City of Fayettevi e.
ION PRODUCTION EQUIPMENT AND
�TTEVILLE ON A FIRST -COME, FIRST -
MINATORY BASIS.
pductib equipment and facilities as a public service to
learn an apply the skills and techniques of television
irced provid%inhis
l not require, solicit or accept any
agreed upon contract and provided by the City, in
:s to use ano production equipment or facilities
The City of Fayetteville Tel94ision Center Manager is respo ible for the use designation of
equipment and facilities wit1$n the Television Center. The publi access outsourced provider is
responsible for the manag ent of equipment and facilities design ed for use by the public and
designated for use by the ublic access outsourced provider staff in tl� execution of the services
described herein.
is access outsourced provider will:
1. Maintain ccurate and detailed inventory records of all equipment designaad for use by
the pub)(c and use by the public access outsourced provider staff.
2. Assis City staff in maintaining accurate and detailed inventory records of all equipment
in t Television Center.
3. M ntain accurate and detailed records of the identification and use of all equipment that
is/designated for use by the public.
2011 final_l Page 12 of 21
4. Maintain accurate and detailed records and identification of residents of Fayetteville who
check-out or utilize equipment designated for use by the public. A photocopy of the
documentation of residency must be included.
5. Establish and execute a reservation system and procedure for residents ,to be able to
reserve the use of equipment and facilities designated for public use.
6. Establish and execute check -in and check-out procedures for equip , nt and facilities
designated for public use.
7. Design and utilize procedures and checklists that will ensure eq ' ment is checked for
full fun tionality upon return by a user. Records will be k,ft of the condition of
equipment n check-out and return.
8. Perform mink
aintenance and upkeep of equip nt and facilities as directed
by City staff.
9. Actively mokef editing and studio facilities.
10. Ensure that hciember who is fully qualified i the operation of all equipment or
facilities avalic use is present and av ' able at all times to any resident who
is using, or wany equipment or facil' es designated for public use.
Thepublic access outsourced providcr will not:
1. Allow, or continue to allow, the se of a equipment or facilities owned or controlled by
the City of Fayetteville and pro 'de for the use of the public or the public access
outsourced provider under this contcJct to be utilized in any way that may violate any
Federal, State or local law regardin c yrighted material.
OUTREACH AND COMMUNICA
1. The management, staff or embers of th
outsourced provider will 6t identify the Pt
either expressed or impl' d, as belonging to,
outsourced provider.
2. The manageXbelnging
stiff or members of the Board\f
outsourced pill not identify the City of Faye
equipment cherein, or any portion thereof, i
PUBLIC
and of Directors of the public access
Access Television channel in any way,
dby or controlled by the public access
Directors of the public access
eville Television Center, or the
n
rovider will not identify themselves or their orga:
or implied, as "The City of Fayetteville" or as
of the public access
on in any way, either
esenting the City of
4. In all ommunication from the public access outsourced provider, th Public Access
Tele ision channel will be referred to and identified as "Fayetteville Pblic Access
Tel.�vision".
5. I all communication from the public access outsourced provider, the entire p%duction
acility will be referred to as "The City of Fayetteville Television Center". N.
2011 final_l Page 13 of 21
6. The public access outsourced provider will maintain a process for effective
communication with, and coordination among, all affected City programs, City staff, and
the Telecommunications Board.
7. The public access outsourced provider will conduct a consistent co unity outreach
program designed to recruit new producers and trainees. The effe tiveness of such
program will be measured by meeting goals as stated herein.
8. The public access outsourced provider will provide information to,the entire community
about the( nature and role of public access television; educate thy' community about the
opportune 'es available for training, production and programme ; and encourage groups
and indivi als to participate in training classes and productio xperiences.
9. The public ccess outsourced provider will maintain a ayetteville Public Access
Television -bra ded web site for the promotion of Public o cess Television services and
the education o he public that includes, at a minimum current information regarding
program, producti�i and class schedules; policies and rocedures; class syllabi; and an
internet forum for xchange of information betw n the City, the public access
outsourced provider, p ducers and trainees. The pu is access outsourced provider may
include a link to their org nization's web site.
10. The City will provide o (1) bulletin boardAn a publicly accessible area of the
Television Center for the ike of the public cess outsourced provider. Information
posted on the bulletin board m t meet at least 6ne of the following criteria:
a. It is information from the ity or
procedures or regulations
b. It is a request by a producer re,
c. It is a request to recruit produc r
d. It is information directly reiateYt
e. It is information directly rela d t
television production
f. It is information that pro tes:
i. The City of Faye eville
ii. A non-profit, 5 (c)3 org
access operator regarding policies,
p6it help for video productions
for specific video production projects
the programming of the public access channel
\opportunities for training and development in
that serves the citizens of Fayetteville
iii. A governmen organization that se es the citizens of Fayetteville
g. It is information tha informs the public of an\se
r program sponsored by:
i. The City o Fayetteville
ii. A non-pr/fit, 501(c)3 organization ths the citizens of Fayetteville
iii. A gove ent organization that servizens of Fayetteville
Information shall n t be posted on bulletin boards unless it me s all of the following
criteria:
a. It shall lylt contain any type of direct appeal to purchase co mercial goods or
service , or promote the for-profit activities of individuals, grups or
b/cndidate
11 not contain any depiction of libelous, obscene, indecent or violent material
chall not be information campaigning for or in support of any political
or ballot issue
dll be no larger than standard "letter" sized paper, 8 %2" x 11"
e.11 be legible
2011 final_1 Page 14 of 21
f. It shall not be a personal message or communication
All other bulletin boards in the Television Center are reserved for use by employees of
the City or the public access outsourced provider. /
GENERAL ADMINISTRATION AND COMMUNICATION
The public access outsourced provider will administer the activities and responsibilities
described herein in c mpliance with all applicable Federal, State oflocal laws, ordinances, rules
and regulations; with the parameters of the franchise agre ments between the City and
television services prove rs; and within any and all agreement(rules rules or regulations of any other
television programming di.tribution service or provider u ' ized to perform the activities or
responsibilities described he in.
All communication between the ity and the public access outsourced provider with regard to
contractual matters or operations o he Television /-eiter will be directed through the Television
Center Manager, or any other such epresentativmay be appointed by the City, and the
public access outsourced provider's dul appointedrepresentative.
1. The public access outsourced prove/ will develop, maintain, and enforce operational
policies that assure for staff and user decorum and a professional working environment
at the City of Fayetteville TelevisionnCehter consistent with other City offices.
2. The public access outsourced pr ider w 1 abide by and enforce all policies, rules and
regulations regarding the use o he Televise n Center. The Television Center Manager is
responsible for developing td publishing olicies, procedures, rules and regulations
regarding the use of the Tel vision Center face y and equipment. The Television Center
Manager will make avail le to all users of th facility a reference manual that will
contain all policies, pr edures, rules and regul ions regarding the operation of the
Public Access Television channel and the City of ayetteville Television Center. The
City reserves the rigit to exclude users or staff of the ublic access outsourced provider
from the Televisioiytenter for violations of policies, pro edures, rules and regulations.
3. The City shall ke three telephone lines available fo the public access outsourced
provider's busi ss use. The public access outsourced pro 'der shall be responsible for
reimbursing tl� City, on a quarterly basis, for this expense a a rate of $20 per line per
month.
4. The public access outsourced provider shall be responsible for r ' bursing the City for
its own l9ulg distance telephone calls.
5. The Ci is not required to provide hardware and/or software for th establishment or
maintfiance of systems for the purpose of public internet access.
6. The ublic access outsourced provider shall be responsible for the maintena ce and repair
of e hardware or software of computers installed for the office use of the p blic access
o tsourced provider
7. the City shall provide access to the Internet for the public access outsourced provider at
the same level provided to the Television Center. The public access outsourced provider
will be responsible for any access requirements above the level provided to the
Television Center.
2011 final 1 Page 15 of 21
8. The City shall be responsible for the payment of the Television Center utilities, routine
building and grounds maintenance and maintenance of the structure.
9. The public access outsourced provider may use the City's current copier/printer at the
Television Center for a charge of $.039 per page. If the City upgrades;the copier/printer
located in the Television Center, the public access outsourced provider shall pay an
adjusted harge per page, up to, but not to exceed the standard rate charged to City
Departme is and Divisions as determined annually. 1'
10. Copier/pri ter maintenance costs will be paid by the City.
11. All busines conducted and information maintained by t1epublic access outsourced
provider or th public access outsourced provider Board o Directors in the execution of
this contract is s'iJject to the terms of the Arkansas Free46m m of Information Act (FOIA).
12. The public access utsourced provider will create an oerations, training and production
schedule that maintauis convenient business hours aswell as a class schedule that allows
producers to become rtified through a comb i P ation of day, evening and weekend
classes. At a minimum th ublic access outsour ed provider will:
a. Provide service to th residents of Fay teville a minimum of forty (40) hours per
week through six (6) d s of onerati
b. Create a schedule that o
scheduled operation day.
c. Provide a staff member in I
Center is open to the public.
d. Observe all City Holiday
regarding closing for incl fr
The public access outsourced ro,
upon the operations schedul and the pubi
from the agreed upon sched e without prior
for a minimum of four (4) hours per
by to greet the public whenever the Television
and follow City of Fayetteville policies
the Television Center Manager will agree
access outsourced provider will not vary
tp roval of the Television Center Manager.
13. The public access out ourced provider shall su mit monthly, quarterly and annual
reports, as defined by e Television Center Manag , on the execution of the activities
and responsibilities escribed herein. Monthly report shall be due by the 10th of the
month following to report month. No contract paym is will be made to the public
access outsourced provider while any required report is in mplete or overdue.
Quarterly repo s shall be due on the following schedule:
4th Quarter/2 10 Annual Report: January 10, 2011
1st Quarter eport: April 11, 2011
2nd Quarts Report: July 11, 2011
3rd Qua er Report: October 10, 2011
4th Q , rter/2011 Annual Report: January 10, 2012
14. The ublic access outsourced provider agrees to provide the City th a monthly
fin cial report, due by the 10th of the following month. The report shall bey rrepared by
ai/independent certified public accountant, based on a modified accrual or Cash basis
/s�hall
thod, summarizing activity during the preceding month and year to date. Saidreport
include income and balance sheet statements.
arterly reports shall contain, but not be limited to:
Financial reports, detailing:
2011 final_l Page 16 of 21
(a) Expenditures of funds provided the public access outsourced
the City
(b) Sources and amounts of other revenue
(c) Other expenditures /
ii) Trai ng reports, detailing:
(a) Training activity provided residents
(b? Training activity for staff
(c) Class and workshop activity
iii) Certific tion activity
(a) C�tification of residents
Number of new trainees
2. Number of new candidate producer.
3. Number of new certified produce
4. N ber of new outside produc s
(b) Certificatio of staff
iv) Production activity
(a) Production acti 'ty of residents
(b) Production activit of staff
v) Equipment Utilization
vi) Feedback and Complaints
vii) Programming reports
(a) Itemization of programs cast by:
1. Local program
2. Outside proms
3. Imported pr grams
4. Inside pro ams
(b) Itemization of p76gram requestors b
1. Local ograms
2. Outsi e programs
3. Imp rted programs
4. In de programs
16. In
(c) Quantity of new and repeat local programs
(d) Quantr of new and repeat outside programs
(e) Quantity of new and repeat imported programs
(f) Quntity of new and repeat inside programs
(g) Qantity of new program requestors
Detils of programs telecast to promote the use of the Pu
from
c Access Television
to the monthly, quarterly and annual reports, the following special reports and
i shall be provided to the Television Center Manager:
a. Reports of stolen, missing or damaged equipment within one (1) working day of
learning of each occurrence; and
b. Requests for changes in any policies or procedures that affect any services
described herein; and
2011 final_1 Page 17 of 21
c. All corporate documents, including but not limited to the public access outsourced
provider's by-laws, policies, articles of incorporation, certification of compliance
with affirmative action plan and EEO standards, and a list of Board 'embers; and
d. At any reasonable time and as often as the Telecommunications Board or the City
may deem necessary, the public access outsourced provider sh 11 make available
to them, or any of their authorized representatives, within thr e (3) business days,
all o the public access outsourced provider's records •elated to all matters
covere by this Agreement and shall permit the Telecom unications Board or the
City to idit, examine, make excerpts and copies ofytich records, and to make
audits o all contracts, invoices, materials, payr lls, records of personnel,
conditions f employment and other data relati g to or deemed pertinent to
matters cove d by this Contract; and
e. During the tei of this Contract, the publi access outsourced provider shall
cause to be deliv ed to the Telecommunica 'ons Board and the City copies of all
notices of meeting of its Board of Dire ors, setting forth the time and place
thereof. Such notice 1all be delivered i a timely manner to give adequate notice
and shall also include a agenda; and
f. Minutes of all meetings, if taken, d materials distributed in meetings of the
public access outsourced 1ovide� Board of Directors, or committees thereof,
shall be submitted to the Tele�oiinunications Board and the City; and
The public access outsourced provider ill, upon request of the City, make available all
supporting documentation and data relati g to an'y reports required by this Contract or requested
by the City.
PERFORMANCE EVALUATION
1. A performance evaluation will be conducted qua erly by the Television Center Manager
to assess the public acc es outsourced provider's ffectiveness in providing the services
described herein.
2. The City and the pu is access outsourced provider w 1 agree upon periodic performance
measures. These measures will be documented as Adde um A of this contract.
3. The public acce s outsourced provider will provide a ethod for receiving feedback,
comments, inp t and suggestions from the public. This ommunication will be made
available to t e Television Center Manager as part of the qu,
4. The Televi on Center Manager will immediately comm-
outsource provider any violations of this contract as may
that the public access outsourced provider may have an
violati ns in a timely manner.
5. Qua erly evaluations will be communicated to the
co istent with the process for oversight as specified
ly evaluation process.
to to the public access
a to his/her attention so
►o nits to correct such
Telecommunications Board,
in the Telecommunications
CONTRACT PERIOD
The contract period will be from January 1, 2011 until December 31, 2011. Either party may
cancel this contract at any time with a thirty (30) day written notice.
2011 final_1 Page 18 of 21
FUNDING
The City hereby agrees to pay the public access outsourced provider 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, 2011, unless/'the public access
outsourced providerf'fails to comply with the expressed terms of this contract/The City will make
no contract payments to the public access outsourced provider unle' the public access
outsourced provide is deemed in full compliance with the contract or u`1 all contract violations
are corrected.
LEGAL AUTHORITY
The public access outsouNenterinto
r assures and guarantees taf it possesses the legal authority
to enter into this Agreeer, that the person or p sons signing and executing this
Agreement on behalf of tpubil cess outsourced provil�r have been fully authorized by the
public access outsourcedprovider\o execute this Agree , ent. That such authority is evidenced
pursuant to a proper, apd official motion/and resolution, which was passed and
approved specifically tot 's Agreement/and shall legally bind the public access
outsourced provider to all the terms, per:
resolution shall be provided upon executi
either temporarily suspend or permanently
legal authority of the public access outso
The City shall not be obligated to pay the j
of the provisions of this Agreement after t)
provided in this Section. 7
lances, , nd provisions here set forth. A copy of such
of thiAgreement. The City may exercise its right to
rmjnate this Agreement if there is a dispute as to the
provider or the person signing the Agreement.
br'c access outsourced provider for any performance
City has suspended or terminated this Agreement as
PERSONNEL N
The public access outsourced proud/der shall adequate staff the public access operation to meet
the services and duties outlined in this agreement. oth City staff and the public access
outsourced provider staff will e expected to work togeb1er in a cooperative manner within the
Television Center. Personnel policies shall be establis d by the public access outsourced
provider and shall be availble for examination by the City. 'e
Upon termination of anj employee from either the City or the p blic access outsourced provider,
it is understood that a, y violation of policy or procedure serious enough to require termination is
also grounds for exc sion from the Television Center.
EQUAL OPPO UNITY
The public ac ess outsourced provider shall comply with all applicable equal opportunity,
affirmative a ion, and ADA laws or regulations, including those of the City\of Fayetteville.
INSURA CE`__
The pu is access outsourced provider shall obtain and keep in force during the term of this
agreenlnt a policy of public liability and property damage insurance. The public access
outsourced provider shall provide continued proof of coverage in its quarterly reports. The
coverage, at a minimum, shall be in the following amounts:
General Liability
2011 final_l Page 19 of 21
1. General Aggregate
$1,000,000
2. Products/Completed Oper. Aggr.
$1,000,000
3. Each Occurrence
$100,000
4. Fire Damage (any one fire)
$50,000
5. Medical Expense (any one person)
$5,000
Worker's Compensation for all employees as required by Arkansas
Bonding: Tile public access outsourced provider shall obtain a delity bond covering all
persons handling funds received or disbursed and/or srfA
n or co-signing checks to
disburse funds`•,under this agreement, within 10 days e contract execution. The
fidelity bond shall be in an amount equal to 10% of e city grant award or $5,000,
whichever is less. The public access outsourced provid shall furnish the city proof of an
adequate fidelity bond prior to the first payment of fu ds under this agreement.
POLITICAL/SECTARIAN AC VITY
The public access outsourced p ovider shall not i tiate or sponsor political or religious
programming. The public access ou'tkourced providt shall not engage in any political activity.
The public access outsourced provider hall not di ctly produce any programs nor participate in
any activities that establish or promote aI religi9fl or prohibit the free exercise thereof.
HOLD HARMLESS
It is expressed, understood and agreed by th arties that the City is contracting with the public
access outsourced provider as an indep ndent ontractor and that as such, the public access
outsourced provider shall save and ho the City, its officers, agents and employees harmless
from all liability of any nature of an kind, includi costs and expenses for, or on account of,
any claims, audit exceptions, dem ds, suits or dama es of any character whatsoever resulting
from injuries or damages sustaine by persons or prope , resulting in whole or in part from the
performance or omission of y employee, agent or representative of the public access
outsourced provider. This Agr ement shall not be construe in any manner or form as a waiver
of that Tort Immunity as set � t under Arkansas Law.
CONFLICT OF INTERS
The public access outso ced provider covenants that neither it n any member of its Board of
Directors currently has ny interest or shall acquire any interest, dir ct or indirect, which would
conflict in any mamifr or degree with the performance of services equired to be performed
under this Agreem�it. The public access outsourced provider furth covenants that in the
performance of thi Agreement no person having such interest shall be erhployed or appointed as
a member of its Board of Directors.
The public access outsourced provider 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.
2011 final_1 Page 20 of 21
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 Agreement or the proceeds thereof/
CONTRACT ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between t,J parties hereto, and any prior
agreement, whether writt n or oral, shall have no force or effect. Any subsequent agreements
will have no effect unless roperly executed in writing al recorded as an addendum to this
Agreement. /
SEVERABILITY
If any section, subsection, sentenc , clause, phrase oihrord of this agreement is held to be invalid
or unconstitutional by any court o competent ju 'sdiction, such section, subsection, sentence,
clause, phrase or word will be deemed as a separate, distinct and independent provision, and such
holding will not affect the validity of th remai i g provisions of this agreement.
COMMUNITY ACCESS TELEVISION A, CITY OF FAYETTEVILLE, ARKANSAS
By:
\ Lioneld Jordan, Mayor
/ ATTEST:
By:
City Clerk
2011 final_l Page 21 of 21