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Home My WebLink About79-11 RESOLUTIONRESOLUTION NO. 79-11 A RESOLUTION TO APPROVE AN AGREEMENT WITH THE FAYETTEVILLE SCHOOL DISTRICT TO OPERATE THE CITY'S EDUCATIONAL ACCESS CHANNEL WHEREAS, the City of Fayetteville has exercised its right to have Public, Educational, and Government Access channels on Cox Cable and AT&T U -verse for our citizens; and WHEREAS, the University of Arkansas had in the past been the primary operator of the Educational Access Channel, but now has been provided its own access channel by Cox Communications; and WHEREAS, the Fayetteville School District has been training its students and staff in telecommunications and is now ready to assume the full responsibility to administer and operate the City's Educational Access Channel in furtherance of the educational, entertainment and communication needs of its students, staff, and the citizens of Fayetteville. NOW, THEREFORE 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 the Education Television Access Administration Agreement between the City Of Fayetteville and the Fayetteville School District attached as Exhibit A and authorizes Mayor Jordan to sign this agreement. PASSED and APPROVED this 17th day of May, 2011. APPROVED: B 4- dik 0 ' ELD JO '. i • ,Mayor By: ATTEST: .�.,:Mkgi SO DRA AMITH, City Cle`j TTgasurer Y OF°°GAF` to ° o FAYEUEVILLE; � aa ° �.9s°°RKANSPoJ�v" EDUCATION TELEVISION ACCESS CHANNEL ADMINISTRATION AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND FAYETTEVILLE SCHOOL DISTRICT THIS AGREEMENT is made and entered into this 174' day of 2011, by and between the City of Fayetteville and the Fayetteville School District for t operation of the City's Education Access Television channel. PURPOSE AND INTENT 1. Federal law and the City's franchise agreement provide The City of Fayetteville with Public, Educational and Government cable channels. 2. The City of Fayetteville desires to provide the Fayetteville School District with the right to operate the Education Access Television channel in Fayetteville to further the educational opportunities for its students and to better inform its citizens about school - related activities and programs. 3. This agreement for Education Access Television services is contingent upon the City retaining agreements with television services providers, such as they continue to provide the City with an Education Access Television channel. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the City of Fayetteville and the Fayetteville School District agree as follows: SECTION 1 TERM The term of this Agreement shall begin on May 1, 2011, or when approved by both parties, and shall end on June 30, 2012 ("Initial Term"). Following the expiration of the Initial Term, this Agreement shall be automatically extended each year for an additional one year period until June 30, 2017, on the same terms and conditions set forth in this Agreement. Either party may terminate this agreement at any time without penalty by giving thirty (30) days' written notice to the City of Fayetteville Mayor or the Fayetteville School District Superintendent of its intent to terminate this Agreement. SECTION 2. FAYETTEVILLE SCHOOL DISTRICT DUTIES The Fayetteville School District hereby agrees and shall be responsible for operating the Education Access Television channel for educational purposes, which shall include one or more of the following: 1 A. Production of programming for telecast on the Education Access Television channel. B. Telecasting of programming on the Education Access Television channel. C. Telecasting of all regularly -scheduled and special meetings of the full School Board, with the exception of those meetings addressing hearings related to personnel and student issues. D. Promoting use of the Education Access Television channel in the Fayetteville Public Schools as a teaching, educational and communication tool. E. Producing, selecting and telecasting programming that: 1. Communicates information that encourages parental involvement in education; or 2. Supports and promotes professional development for teachers; or 3. Presents or highlights activities or events organized, presented or sponsored by the Fayetteville School District; or 4. Communicates information regarding opportunities for public involvement in activities of the Fayetteville Public Schools. The Fayetteville School District is advised that pursuant to Fayetteville, Ark. Code § 33.210(B)(2): "If the city enters into a contract with another entity for administration of a PEG channel, the Telecommunications Board shall ensure contract compliance." IN FURTHERANCE OF THE ABOVE REFERENCED SERVICES AND DUTIES, THE PARTIES HEREBY AGREE AS FOLLOWS: A. The Fayetteville School District, in its sole discretion, will determine the telecast schedule, programming content and technical quality within the following stipulations: 1. The Fayetteville School District will not require, solicit or accept any compensation of any kind in return for telecasting any programming or program material telecast on the Education Access Television channel. The Fayetteville School District may solicit or accept program sponsors pursuant to the "Program Sponsorship" section below. 2. The Fayetteville School District will not allow any other organization or entity, whether for- or non-profit, to require, solicit or accept any compensation of any kind in return for telecasting any programming or program material telecast on the Education Access Television channel. 3. Scheduling of programming that is produced by the Fayetteville School District students, teachers and staff will be preferred over programming that is produced outside the Fayetteville School District. 4. The Fayetteville School District will ensure programming does not contain: a. any violation of any Federal or State statute relating to obscenity; or b. any material that is an unlawful invasion of privacy; or c. any material that violates copyright law. 5. The Fayetteville School District will 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 2 products, or direct comparisons to unnamed products; any price or value information; or any inducements to buy." 6. The Fayetteville School District will ensure programming is telecast 24 hours per day/7 days per week. 7. Programming should meet industry -accepted standards for technical specifications regarding video and audio signals by public school districts. 8. The Fayetteville School District will install and maintain telecast facilities and equipment that meet the minimum technical requirements of the telecommunications services providers providing an Education Access Channel to the City of Fayetteville on which the Education Access Channel is distributed. B. The Fayetteville School District shall submit an annual report of its use of the Education Access Television channel, including the approximate number of students producing or working on cable programming, staff support, number and type (subject) of shows produced and telecast and any other pertinent information to the City Council with a copy to the Telecom Board. PROGRAM SPONSORSHIP The Fayetteville School District may accept sponsors for programming the Fayetteville School District produces for telecast on the Education Access Television channel. Program sponsorship must adhere to the following: 1. The following may be identified as a program sponsor: 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 Education Access Television channel. b. There must be nothing in a program which indicates that the sponsor has any editorial control over the content of any portion of programming telecast on the Education Access Television channel. c. There must be nothing in the program that 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 unless the sponsor requests to be anonymous. 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." 3 c. Toll-free numbers or Web site addresses may be acceptable if it is clear that their sole purpose is 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. i. No single program may have a sequence of sponsor credits that exceeds sixty (60) seconds in length. j. The total time allotted to sponsor credits may not exceed two minutes per hour of telecasting. k. "Embedded" commercials disqualify such programming from being telecasted on the Education Access Television channel. SECTION 3. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS While using the Education Access Television channel, the Fayetteville School District shall comply with all applicable laws, regulations, and polices of the Federal and State governments and all applicable City Ordinances. SECTION 4. CONSIDERATION A. The City of Fayetteville grants the Fayetteville School District the exclusive right and authority to operate the Education Access Television channel for the City of Fayetteville during the term of this Agreement. B. The Fayetteville School District agrees that it shall be solely responsible for all costs and expenses associated with use of the Education Access Television channel, including, but not limited to, production, programming, and telecasting; and any technical, facility or use costs. CITY OF FAY TTEVILLE, ARKANSAS FAYETTEVILLE SCHOOL DISTRICT Byt At,*Amtrd/ By: %IO ELD JO Mayor ATTEST: oval!! IIIfttt? ��..��RK/TR AS''% Sofa cca • • • FAYETrEVILLE: a9s�q'�KANSP� .s4�"",� ��eaaaeetes�rs Azo th, City Clerk SUSAN HEIL President of the Faye eville School Board ATTEST: By: %1, Jim hell, Sec ursement Officer 4 Lindsley Smith Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 5-17-11 - 2&14 City Council Meeting Date Agenda Items Only Communication Division Action Required: General Government Department A Resolution to approve a contract with the Fayetteville School District to operate the Education Access Channel. $0 Cost of this request Account Number Project Number Budgeted Item Or// / cepa ent Directo City Attorney Finance and Internal Services Director $0.00 Category / Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Fund Name Budget Adjustment Attached Lt - Date Date Date X-4) Ji Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 04-28-11P03:27 RCVU Received in City Clerk's Office Comments: Revised January 15, 2009 ave evi le THE CITY OF FAYETTEVILLE, ARKANSAS ADMINISTRATION 113 West Mountain Fayetteville, AR 72701 P (479) 575-8330 F (479) 575-8257 ARKANSAS www.accessfayetteville.org TO: Mayor Lioneld Jordan and City Council FROM: Lindsley Smith, Communication Director DATE: April 29, 2011 SUBJECT: Education Access Television Contract Approval RECOMMENDATION Approval of the attached contract between the City of Fayetteville and the Fayetteville School District for the Fayetteville School District to operate the Education Access Channel. BACKGROUND The Education Access Channel is one of the three PEG channels (Public, Education, Government) provided by Cox Communications as a part of the franchise fee agreement between the City of Fayetteville and Cox Communications. This contract is for operation of the Education Access Channel. Prior to this year, the University of Arkansas and the Fayetteville School District shared the operation and time on the Education Public Access channel. There is no existing signed contract for operation of the Education Access Channel. As of early this year, Cox Communications provided the University of Arkansas UATV with its own channel, so the Fayetteville School District can now fully operate the Education Access Channel 24/7. Both the City and School District desire to have a contract, and the contract provided herein for City Council review is non- controversial and approved by each entity, with the city staff recommendation encouraging approval of the contract. DISCUSSION Prior to the contract going to the full Telecommunications Board for its review, city staff and Fayetteville School District staff had several productive meetings and both participated in the drafting and editing process, with the contract drafted by the Fayetteville City Attorney. The contract was sent to the Fayetteville School Board. The Telecommunications Board approved the contract during their meeting on April 21, 2011, with the provision that such approval would still stand if during the final legal drafting process edits are made, unless substantive changes are made from the version reviewed by the Board, and the Telecommunications Board requested that the contract be forwarded to the City Council for approval. Edits after the time of Telecommunications Board review were required; however, it is the opinion of staff that such edits were not substantial to override the Board's approval. It is beneficial to the Fayetteville School District if this contract could be approved in May so that it will be in place by June to best prepare for the upcoming school year of fall 2011. BUDGET IMPACT None. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION TO APPROVE AN AGREEMENT WITH THE FAYETTVILLE SCHOOL DISTRICT TO OPERATE THE CITY'S EDUCATIONAL ACCESS CHANNEL WHEREAS, the City of Fayetteville has exercised its right to have Public, Educational, and Government Access channels on Cox cable and AT&T U -verse for our citizens; and WHEREAS, the University of Arkansas had in the past been the primary operator of the Educational Access Channel, but now has been provided its own access channel by Cox Communications; and WHEREAS, the Fayetteville School District has been training its students and staff in telecommunications and is now ready to assume the full responsibility to administer and operate the City's Educational Access Channel in furtherance of the educational, entertainment and communication needs of its students, staff, and the citizens of Fayetteville. NOW, THEREFORE 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 the Education Television Access Administration Agreement Between The City Of Fayetteville and the Fayetteville School District attached as Exhibit A and authorizes Mayor Jordan to sign this agreement. PASSED and APPROVED this 17th day of May, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer