HomeMy WebLinkAbout230-12 RESOLUTIONRESOLUTION NO. 230-12
A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT OF
$105,000.00 WITH COMMUNITY ACCESS TELEVISION, INC., TO
PROVIDE PUBLIC ACCESS SERVICES AND OPERATE THE
FAYETTEVILLE PUBLIC ACCESS TELEVISION CHANNEL
THROUGHOUT THE 2013 YEAR
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas, hereby approves a
contract in the amount of $105,000.00 with Community Access Television, Inc. to provide
public access services and operate the public access television channel throughout 2013. A copy
of the contract, marked Exhibit "A" is attached hereto and made a part hereof. This contract
approval is contingent on the City Council passing the 2013 City budget as presented for this
contract item.
PASSED and APPROVED this 4th day of December, 2012.
APPROVED:
ATTEST:
By:.ttr
SON RA SMITH, City Clerk/Treasurer
Lindsley Smith
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/4/2012
City Council Meeting Date
Agenda Items Only
Communication
Division
Action Required:
General Government
Department
A Resolution to renew a contract with Community Access Television, Inc. (DBA "Your Media"), to provide public
access services and operate the Public Access Television channel throughout 2013 for $105,000.
$105,000
Cost of this request
1010.6600.5713.00
Account Number
Project Number
Budgeted Item
X
ent Directo
Cit
Finance and Internal Services Director
$105,000.00
Category / Project Budget
Services & Charges
Program Category / Project Name
Miscellaneous
Funds Used to Date Program / Project Category Name
General
Remaining Balance Fund Name
Budget Adjustment Attached
Nd V, /6 2c/2
Date
Date
Date
Date
Dcate
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City 1l —1 — 2 PO4:15 RC
Clerk's Office
Comments:
Revised January 15, 2009
ttevi1e
THE CITY OF FAYETTEVILLE, ARKANSAS
ADMINISTRATION
113 West Mountain
Fayetteville, AR 72701
P (479) 575-8330 F (479) 575-8257
ARKANSAS
www.accessfayetteville.org
CITY COUNCIL MEMO
TO: Mayor Lioneld Jordan and City Council
FROM: Lindsley Smith, Communication Director
DATE: November 16, 2012
SUBJECT: Community Access Television, Inc., (dba Your Media) Contract for 2013
RECOMMENDATION
Approval of the attached contract between the City of Fayetteville and Community Access Television, Inc. (dba Your
Media) in the amount of $105,000 to operate the Public Access Channel from January 1, 2013, through December 31,
2013.
BACKGROUND
Community Access Television, Inc. (dba Your Media), was selected to be the City's public access provider and was
awarded a five-year contract in 2011 with required annual renewals. This is a request for the annual contract renewal for
January 1 through December 31 of 2013.
DISCUSSION
Over the last year, Fritz Gisler Television Center Manager, and Anne Shelley, Director of Your Media, met several times
to determine ways to enhance Public Access Channel services, based on experience and input from the users and residents
of Fayetteville. During these discussions Your Media requested an increase to compensate for the proposed increases in
services in the 2013 contract. Your Media requested an increase of $12,000 for the contract year.
A subcommittee of the Telecommunications Board was formed to review the request. The subcommittee discussed
several issues and moved the request to review of the full Board with its unanimous endorsement. The
Telecommunications Board reviewed the request for the increase in funding at its August 2012 meeting and unanimously
endorsed the request. (see attached resolution) At the September 2012 meeting of the Board, they reviewed the 2013
Public Access Services contract in full, and have unanimously endorsed its approval to the City Council.
Included in the 2013 contract are several items that will increase services to the residents of Fayetteville:
1. Longer hours. A 5 -hour per week increase in operating hours.
2. Enhanced classroom and training opportunities. More classes and a wider variety of classes will be conducted
with a new approach that will better serve both novice and more advanced users.
3. Establishment of a `television studio laboratory' environment that allows more hands-on training in studio
production, and provides more opportunity for residents to have programs produced.
4. More availability to utilize the Public Access channel for both video production efforts and fund-raising activities
of non-profit organizations.
BUDGET IMPACT
The total cost of this contract is $105,000. This amount is included in the proposed 2013 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 IN THE AMOUNT OF $105,000.00
WITH COMMUNITY ACCESS TELEVISION, INC., TO PROVIDE PUBLIC ACCESS
SERVICES AND OPERATE THE FAYETTEVILLE PUBLIC ACCESS TELEVISION
CHANNEL THROUGHOUT THE 2013 YEAR.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby
approves a contract in the amount of $105,000.00 with Community Access Television,
Inc. to provide public access services and operate the public access television channel
throughout 2013. A copy of the contract, marked Exhibit "A" is attached hereto and
made a part hereof. This contract approval is contingent on the City Council passing the
2013 City budget as presented for this contract item.
PASSED and APPROVED this 4th day of December, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA SMITH, City Clerk/Treasurer
EvWb'4' "A"
CONTRACT BETWEEN CITY OF FAYETTEVILLE, ARKANSAS
AND
COMMUNITY ACCESS TELEVISION
dba Your Media
A 501-C-3 NONPROFIT ORGANIZATION
AGREEMENT
This Agreement is made this 1st day of January, 2013, by and between the City of Fayetteville, a
municipal corporation ("City"), and Community Access Television, Inc., a nonprofit corporation,
dba Your Media ("Your Media") who agree as follows:
PURPOSE AND INTENT
1. The purpose of Public Access Television in Fayetteville is to provide an opportunity for
residents of Fayetteville to produce and telecast television programming in a first-come,
first-served, content -neutral, non-discriminatory manner, in accordance with the First
Amendment, and to provide training for residents of Fayetteville in the techniques of
video production for Public Access Television.
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:
2013 Public Access Contract final Page 1 of 21
SECTION 1. DEFINITIONS
For the purposes of this contract, the following definitions will be established:
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.
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.
Inside Program: A program produced utilizing Television Center equipment.
Outside Program: A program produced not utilizing Television Center equipment.
Producer: An individual who creates, owns, controls or is responsible for the content of a
television program.
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.
Program Requestor: A resident of Fayetteville who requests a program to be telecast on the
Public Access Television channel.
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.
Trainee: A resident of Fayetteville who is currently enrolled in a class offered by Fayetteville
Public Access Television.
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.
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.
2013 Public Access Contract final Page 2 of 21
SECTION 2: GENERAL PROVISIONS
All services described in this contract and provided to the public by Your Media will be provided
free of charge to residents of Fayetteville, students of the Fayetteville Public School System, or
an existing qualified user as of December 31, 2012. Your Media 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.
Your Media 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.
Your Media may charge a fee for the following activities utilizing equipment, facilities or
resources owned or controlled by the City of Fayetteville:
1. Workshops other than those stipulated in this contract as being provided at no charge that
are conducted utilizing City of Fayetteville resources.
2. The sale of blank recording media.
3. Transfer and/or duplication services.
4. Video production services. 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 may only include studio production activity at the Television
Center and its related activity, including pre- and post -production.
d. Your Media shall charge rates adequate to cover the basic costs of production.
Service rates will be reviewed and approved by the Television Center Manager on
an annual basis.
e. Your Media 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.
f. All fees charged for providing contract production services will be collected at the
point Your Media delivers the final product for which it was contracted.
g. 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.
5. In addition to charging a fee for services described above, Your Media 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.
2013 Public Access Contract final Page 3 of 21
If Your Media 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, Your Media 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 Your Media, 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. Your Media 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. Your Media may produce, or allow to be produced, televised fund-raising programs or
activities for 501(c)3, non-profit organizations that directly provide services to the
residents of Fayetteville. These programs are limited to one (1) per organization per
contract year.
2. Your Media may produce or conduct one (1) fund-raising program or activity for itself
that is televised, or produces programming that is televised, on the Public Access
Channel.
3. Televised fund-raising programs or activities may not exceed twenty-four (24) hours of
continuous programming or activity, or, if not continuous programming, exceed seven (7)
contiguous days of duration.
4. Fund-raising activities may not disrupt the normal operations of the Television Center.
Questions regarding disruption will be determined by the Television Center Manager.
5. Fund-raising messages may not be displayed over other programming without the
expressed written consent of the program owner.
6. 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.
2013 Public Access Contract final Page 4 of 21
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. Your Media 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 Your Media, pursuant to this Agreement,
Your Media shall provide the following services and report progress in each area to the
Telecommunications Board and the City as defined in this contract:
2013 Public Access Contract final Page 5 of 21
SECTION 3: SCOPE OF SERVICES
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. Your Media 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. It is expected
that all programming that is produced utilizing City of Fayetteville Television Center equipment
or facilities will be telecast on the Public Access channel.
Your Media will:
1. Maintain 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 Your Media on the Public
Access Television channel are residents of Fayetteville, as defined in Section 1.
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; or
b. any material that is an unlawful invasion of privacy; or
c. any use of material which violates copyright law;
Such a statement does not relieve Your Media 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 Your Media with expressed, written consent of
the program's owner for the program to be telecast on Fayetteville's Public Access
Television channel. Your Media will maintain a copy of all such permissions on file.
6. Maintain 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:
2013 Public Access Contract final Page 6 of 21
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.
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.
7. 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.
8. 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.
9. Manage the programming schedule in such a manner that the on -air bulletin/message
board constitutes no more than 15% of the total weekly air time.
10. 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. Your Media's email address list that is maintained as an opt -in list in the central
records database.
The schedule will also be made available for publication by other media outlets that wish
to do so.
Your Media will not:
1. Exercise any control of the content of programming, with the following exceptions:
a. Programs that are produced solely by Your Media staff for the purposes of
communicating information about the Public Access Television channel or itself.
b. Portions of "open -studio" program content created by Your Media (i.e. opens,
closes, bumpers, etc.).
c. The on -air bulletin/message board.
d. Programming that is produced as a result of classroom/training studio laboratory
production activity that is conducted by Your Media.
2. Schedule for further telecast any programming that has been found to violate any Federal,
State or local statute or ordinance. Your Media 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.
2013 Public Access Contract final Page 7 of 21
3. Schedule for further telecast any programming that has been found in violation of any
policy of Your Media 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. Your Media 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 makean 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'.
2.
3.
The following may be identified as a program sponsor:
a. Corporations or Divisions or Subsidiaries of Corporations
b. Endowments and Foundations
c. Individuals
General Rules for Acceptability
The sponsor may not exercise editorial control over the content of any portion of
programming telecast on the Public Access Television channel.
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.
The public must not conclude that any programming on the
Television channel promotes sponsors' products, services or
interests.
Rules for Display of Sponsor Credits
All sponsor credits must identify the sponsor by name and/or logo.
Sponsor credits may not include:
i. Any call to action or solicitation. to purchase a product,
"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"
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.
Sponsor credits may not exploit or take unfair advantage of the child audience for
children's programming.
a.
b.
c.
a.
b.
c.
d.
Public Access
other business
i.e. any use of
2013 Public Access Contract final Page 8 of 21
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.
PROVIDE TELEVISION STUDIO PRODUCTION SERVICES FOR THE RESIDENTS OF
FAYETTEVILLE ON A FIRST-COME, FIRST-SERVED, NON-DISCRIMINATORY BASIS
Your Media will:
1. Produce a weekly program ("Short Takes") of no less than 30 minutes and no more than
one hour in length 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. Your Media will conduct two (2) separate studio sessions of one (1) hour each
during which residents of Fayetteville may record their "Short Takes" segments.
The schedule of studio sessions is subject to approval of the Television Center
Manager.
c. 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.
2. Produce programming for the residents of Fayetteville utilizing studio production
laboratory sessions.
a. Content of programming produced in studio laboratory sessions will be the
responsibility of the producer requesting the production services.
b. All technical aspects of production will be under the control and responsibility of
Your Media.
c. Producers requesting production services utilizing the studio laboratory sessions
will be notified that they will be working in a classroom/training environment.
The experience of the participants in the class will be priority.
d. Your Media will not charge any production fees for programming produced in
studio laboratory sessions.
e. Studio laboratory sessions may not be used to produce series programming.
f. Production slots in the studio laboratory sessions will be scheduled on a first-
come, first-served basis. A producer may not schedule more than one session at a
time.
3. Produce and telecast an electronic community bulletin/message board for residents to
announce events or other information.
4. Produce and telecast a disclaimer at random times during the program schedule, no fewer
than six (6) times per day, which contains the following message in both video and audio
2013 Public Access Contract final Page 9 of 21
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."
EDUCATE FAYETTEVILLE RESIDENTS IN THE PRODUCTION AND DISTRIBUTION
OF NON-COMMERCIAL TELEVISION PROGRAMMING
Your Media 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.
Your Media will:
1. Create and implement a training curriculum that emphasizes technical proficiency and
production quality. The curriculum will contain at least 3 core classes in the subjects of:
a. Basic Field Production
b. Basic Video Editing
c. Introduction to Studio Production
And at least 3 advanced classes in the subjects of:
a. Advanced Field Production
b. Advanced Video Editing
c. Studio Production
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 Your Media staff in various
disciplines of video production and programming distribution.
a. At least three (3) classes each week must be in the core subjects.
b. At least two (2) classes each week must be in the advanced subjects.
c. The studio production laboratory does not count toward the total of required
classes.
3. Conduct a studio production laboratory session at least once per week that provides a
"hands-on" training environment for students in Studio Production classes.
4. Create student evaluation criteria and methods that allow students to demonstrate
proficiency in training both in writing and through practical application.
5. Require a minimum level of proficiency, as approved by the Television Center Manager,
to achieve a passing grade in classes.
6. Maintain records of student performance and evaluations.
7. 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.
8. Provide technical and production consultation to residents of Fayetteville who are
producing outside programs.
9. Provide one (1) free workshop each month on various topics related to video production
or television distribution lead by subject matter experts. Such instructors must be
approved in advance by the Television Center Manager.
10. Offer training in the use of all available methods of television programming distribution.
2013 Public Access Contract final Page 10 of 21
11. 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 his/her designee, they have
achieved that level.
12. 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. Your Media'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.
13. Ensure Your Media staff stays current with emerging technologies through professional
development that includes technical training.
14. Provide reports on training and education activity as required by the City.
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. Your Media 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. Your Media is responsible for the
management of equipment and facilities designated for use by the public and designated for use
by Your Media staff in the execution of the services described herein.
Your Media will:
1. Maintain accurate and detailed inventory records of all equipment designated for use by
the public and use by Your Media 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.
2013 Public Access Contract final Page 11 of 21
4. Maintain accurate and detailed records and identification of residents of Fayetteville who
are qualified to check-out or utilize equipment designated for use by the public. Each
record will contain, at a minimum, the user's name, address, telephone number, the
area(s) in which they are qualified, and the expiration date of their qualification(s). A
photocopy of the documentation of residency must be included.
5. Implement a plan to determine, ether by elapsed time or demonstrated proficiency, the
need for a qualified user to re -take any classes to maintain their qualification to use
equipment or facilities of the Television Center.
6. Maintain a reservation system and procedure for residents to be able to reserve the use of
equipment and facilities designated for public use.
7. Maintain check-in and check-out procedures for equipment and facilities designated for
public use.
8. 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.
9. Perform minor repairs, maintenance and upkeep of equipment and facilities as directed
by City staff.
10. Actively monitor the use of editing and studio facilities.
11. 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.
Your Media 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 Your Media under this
contract to be utilized in any way that may violate any Federal, State or local law
regarding copyrighted material.
MAINTAIN A PROGRAM LIBRARY AND MANAGE 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 material 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 telecast of a program, either in whole or in part, to which they do
not hold the copyright, the resident 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.
2013 Public Access Contract final Page 12 of 21
Your Media will create and maintain 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. Your Media will maintain a program library containing copies of all inside and outside
programs telecast on the Public Access Television channel.
2. Your Media will maintain a program library database of all programs telecast on the
Public Access Television channel.
3. Your Media will ensure the library and program library database are maintained in an
easily accessible manner.
4. Physical recording media containing programming for telecast on the Public Access
Television channel shall become property of the City.
5. Your Media will ensure programs are archived on DVD media, unless otherwise
determined by the Television Center Manager.
6. Under no circumstances will Your Media remove, or allow to be removed, any program
materials or media from the Public Access Television channel program library or
program library database, without the prior approval of the Television Center Manager.
CONDUCT OUTREACH AND COMMUNICATION ACTIVITIES WITH THE PUBLIC
1. Your Media will manage a procedure whereby residents can communicate their views or
complaints regarding the programming or operations of the Public Access Television
channel to Your Media 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.
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 Your
Media 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.
2013 Public Access Contract final Page 13 of 21
e. Provide a copy of all correspondence and other pertinent materials to the
Television Center Manager.
2. The management, staff or members of the Board of Directors of Your Media will not
identify the Public Access Television channel in any way, either expressed or implied, as
belonging to, owned by or controlled by Your Media.
3. The management, staff or members of the Board of Directors of Your Media 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 Your Media.
4. The management, staff or members of the Board of Directors of Your Media 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.
5. In all communication from Your Media, the Public Access Television channel will be
referred to and identified as "Fayetteville Public Access Television".
6. In all communication from Your Media, the entire production facility will be referred to
as "The City of Fayetteville Television Center" or "The Television Center", as
appropriate.
7. Your Media will maintain a process for effective communication with, and coordination
among, all affected City programs, City staff, and the Telecommunications Board.
8. Your Media will conduct a consistent community outreach effort designed to recruit new
producers and trainees.
9. Your Media 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.
10. Your Media 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, Your Media, producers and trainees. Your Media may
include a link to their organization's web site.
11. The City will provide one (1) bulletin board in a publicly accessible area of the
Television Center for the use of Your Media. 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
2013 Public Access Contract final Page 14 of 21
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 %2" x 11"
e. It shall be legible
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 Your Media.
GENERAL ADMINISTRATION AND COMMUNICATION
Your Media 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 Your Media 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 Your Media's duly appointed
representative.
1. Your Media 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. Your Media 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,
2013 Public Access Contract final Page 15 of 21
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 Your Media from the Television Center for violations of
policies, procedures, rules and regulations.
3. The City shall make three telephone lines available for Your Media's business use.
4. Your Media 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. Your Media shall be responsible for the maintenance and repair of the hardware or
software of computers installed for the office use of Your Media.
7. The City shall provide access to the Internet for Your Media at the same level provided to
the Television Center. Your Media will be responsible for any access requirements above
the level provided to the Television Center.
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. Your Media 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, Your Media 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 Your Media or Your Media Board
of Directors in the execution of this contract is subject to the terms of the Arkansas
Freedom of Information Act (FOIA).
12. Your Media 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
Your Media will:
a. Provide service to the residents of Fayetteville a minimum of forty-five (45) hours
per week through a minimum of five (5) 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.
Your Media and the Television Center Manager will agree upon the operations schedule
and Your Media will not vary from the agreed upon schedule without prior approval of
the Television Center Manager.
2013 Public Access Contract final Page 16 of 21