Loading...
HomeMy WebLinkAbout136-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 136-17 File Number: 2017-0287 COMMUNITY ACCESS TELEVISION, INC. D/B/A YOUR MEDIA: A RESOLUTION TO APPROVE A CHANGE IN THE CITY'S PUBLIC ACCESS TELEVISION POLICY AND TO AMEND THE CONTRACT WITH COMMUNITY ACCESS TELEVISION, INC. D/B/A YOUR MEDIA TO EXPAND PUBLIC ACCESS SERVICES TO RESIDENTS OF WASHINGTON COUNTY AND BENTON COUNTY FOR AN ANNUAL FEE OF $50.00 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 change in the City's public access television policy and an amendment to the contract with Community Access Television, Inc. d/b/a Your Media to expand public access services to residents of Washington County and Benton County for an annual fee of $50.00. PASSED and APPROVED on 7/6/2017 r' Approved: / Attest: Sondra E. Smith, City Clerk Treasurer TRp ��►r►rurrrrt� + nr r �Vf �*�'tiG T 0 ' C; ��14rriilill" Page 1 Printed on 7/7/17 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0287 Agenda Date: 7/6/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 3 COMMUNITY ACCESS TELEVISION, INC. D/B/A YOUR MEDIA: A RESOLUTION TO APPROVE A CHANGE IN THE CITY'S PUBLIC ACCESS TELEVISION POLICY AND TO AMEND THE CONTRACT WITH COMMUNITY ACCESS TELEVISION, INC. D/B/A YOUR MEDIA TO EXPAND PUBLIC ACCESS SERVICES TO RESIDENTS OF WASHINGTON COUNTY AND BENTON COUNTY FOR AN ANNUAL FEE OF $50.00 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 change in the City's public access television policy and an amendment to the contract with Community Access Television, Inc. d/b/a Your Media to expand public access services to residents of Washington County and Benton County for an annual fee of $50.00. City of Fayetteville, Arkansas Page 1 Printed on 71712017 Doug Bankston City of Fayetteville Staff Review Form .7-0287 Legistar File ID 7/6/17 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/14/17 Media Services / Communications & Marketing Department Submitted By Submitted Date Division / Department Action Recommendation: Approve a change to policy and an amendment to the corresponding contract with Community Access Television, Inc. d/b/a Your Media to allow residents of Washington County and Benton County to utilize Fayetteville Public Television (FPTV) services. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Previous Ordinance or Resolution # 216-16 Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ Funds Obligated $ Current Balance Item Cost Budget Adjustment Remaining Budget Approval Date: V20140710 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 6, 2017 TO: Mayor and City Council THRU: Susan Norton, Director of Communications Don Marr, Chief of Staff FROM: Doug Bankston DATE: June 14, 2017 CITY COUNCIL MEMO SUBJECT: Approve a change in policy and an amendment to the corresponding contract with Your Media to allow residents of Washington and Benton Counties to utilize Fayetteville Public Television (FPTV) services RECOMMENDATION: Staff recommends the approval of a policy change that allows residents of Washington and Benton Counties, nonprofit organizations based in those counties and their employees, and schools based in those counties and their students to utilize Fayetteville Public Television (FPTV) resources. Staff also recommends approval of an amendment to the current contract between the City and Your Media, the third -party public access service provider, to reflect the expansion of services to include the aforementioned Washington and Benton County qualifying residents. BACKGROUND: In 2010, City Council approved a policy to limit the availability of public access resources to Fayetteville residents only. Over the next few years, the public access operation stabilized and improved, and in 2013, upon the recommendation of City Staff, City Council approved a policy allowance to expand service to non -Fayetteville residents who were employees of the City of Fayetteville, employees of Fayetteville -based nonprofit organizations, and students of Fayetteville -based schools. From 2012 to 2016, and especially during the past two years, the FPTV operation has experienced record growth. Your Media, the service provider for FPTV (most recent contract approved by City Council 12/6/2016), in conjunction with City Staff, began researching the prospect of expanding services to include Washington and Benton County residents, nonprofit organizations and students. From mid 2014 through 2016, data was recorded by Your Media on the number of inquiries from interested parties who lived outside City limits. DISCUSSION: While recording the inquiry data, Your Media found that: 1) there are individuals who would like to contribute to the operation and do not fit into the current acceptable user categories; 2) Fayetteville residents who have productions or projects cannot have the assistance (crew, etc.) Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 of a non-resident, and 3) having no option available for non-residents did not match the City's spirit of regional leadership and hospitality. Your Media is requesting that the City change the non-resident policy to include residents, nonprofit organizations and students based in Washington and Benton Counties so they may utilize FPTV resources. The change would impact the operation by: 1) allowing new talent the opportunity to contribute to FPTV productions, and 2) widening the reach of the operation through increased viewership while promoting the City of Fayetteville throughout the two counties. Current TV Center policies will govern resident and non-resident FPTV users alike. With the change in resident policy, Your Media data indicates that the operation would experience a 10- 20% increase in participants. The service provider also will maintain a system to ensure that non-resident FPTV users do not exceed 49% of the total number of users. During Your Media's research efforts, Your Media has been receiving inquiries from area educational institutions about providing educational opportunities to their students. Increasing student productions would generate content not only for the FPTV channel but for the City's Educational Channel, which Fayetteville Public Schools ceased operating and turned back to the City in May 2016. Since last summer, educational and school -related content has not been created for the Education Channel, making for an underutilized channel. Much like the Fayetteville Public Library, which charges non -Fayetteville residents a $40 annual fee to use its services, Your Media proposes a $50 annual fee be charged to non-residents to use FPTV resources. This $50 annual fee is perceived to be fair price point for non-residents, students and nonprofit organizations. A majority of FPTV users are new to video, have little to no experience with the technology, no accessibility to equipment and education, or do not have the means to secure outside professional services (nonprofits, for example). This $50 annual fee provides that accessibility. The annual fees for non-residents will be paid into the Trust Fund account, the monies in which are used to promote FPTV and its resources. The Trust Fund account was established as a transparent way for Your Media to accept payment for services provided to the public such as DVD copies, digital transfers, media storage cards, contract production fees, etc. The "Open Mic" weekly program that provides an open -studio opportunity for users to express their views, present information, or perform (not to exceed five minutes per person) shall remain free for residents and non-residents. Non-residents will not be required to pay the $50 annual fee to use this service alone. Staff brought this proposed non-resident policy change before the Telecommunications Board in 2016, and it was endorsed and approved unanimously. BUDGET/STAFF IMPACT: The proposed non-resident policy change will not affect Staff nor have an impact on budget. The FPTV Trust Account will gain additional funds from the non-resident annual fees taken in, estimated to be between $1,000-2,000 based on a 20% increase to the 2016 number of users. Attachments: Staff Review Memo, Staff Review Form, Policy Change Fact Sheet, Current Your Media Contract, Proposed Your Media Contract. Non-resident Information Sheets � �EDIA ! � 2017 FPTV Non-Resident Proposal * This proposal was presented to the Telecom Board in 2016 and was unanimously approved. PROPOSAL The service provider is requesting that the City change the non-resident policy to allow for residents of Washington and Benton Counties to utilize the FPTV resources. We believe this gesture will enrich the operation in two main ways: o Allowing new talent the opportunity to contribute to FPTV productions. o Widening the reach of the operation which will increase the viewership and effectiveness of the operation as a promotion of the City of Fayetteville. OBSERVED NEED We have found that there are individuals who would like to contribute to the operation who do not fit into the current acceptable categories. If Fayetteville Residents have productions and want the assistance of a non-resident, the non-resident is not allowed to assist with the production. Having no option available for non-residents does not match Fayetteville's spirit of leadership or hospitality. HISTORY In 2010, the decision was made to limit FPTV resources to Fayetteville Residents only. In 2013, the City staff decided to allow for nonresidents who are Employees of the City of Fayetteville, Employees of Fayetteville -based nonprofits, and students of Fayetteville -based schools to utilize the resources. This proved to be beneficial to the operation, as we were able to facilitate more individuals who would want to participate. CONCERNS / FAQ's "Why would we want our tax dollars paying for other cities to have these resources?" "They should start their own Public Access channel." "What if we have a flood of non-residents who come use up the resources?" RESPONSES nYC UR q„,n•• 2017 FPTV Non -Resident Proposal a .� "Why would we want our tax dollars paying for other cities to have these resources?" o We are proposing to charge a $50 annual fee for non-residents. o This is the some system currently used by the Fayetteville Public Library. o The funding for FPTV comes from the General Fund, part of which is sales tax. o This being a destination for non-residents increases the chances that they will make a purchase in Fayetteville. "They should start their own Public Access channel. " a Due to the Statewide Franchise agreements established in 2014, the chances of any neighboring city opening a similar operation are very small. o There has been no indication that any other city is planning to create a channel with similar resources. o Fayetteville has a rich history of having public access resources available to the community, on which we have built the operation we have. "What if we have a flood of non-residents who come use up the resources?" o Starting in 2014, we began recording data of non-residents who were interested in the resources and willing to share their information-. - o Our data indicates that we would see a 10-20% increase in participants. o More programming and publicity will increase the number of residents using the resources as well. o The Service Provider will maintain a system to insure that non-resident producers do not exceed 49% of the total number of producers. If there were 100 producers, 51 from Fayetteville, 49 from other places (highly unlikely), service provider would tell any new non-residents that capacity is full, and put them on a waiting list until more Fayetteville residents signed up and corrected the ratio. CURRENT CAPACITY (As of Aug 2016): 2017 FPTV Non -Resident Proposal CLASSES 'I MrAhl Capacity YTD CapacityYTU Use Capacity Used Orientation 6 per class 48 364 69 16% Basic Field 4 per class 16 128 41 32% Basic Edilin 4 per class) 16 128 23 18% Studio Classes (4 per class) 24 192 32 17% Advanced Field 2 er class 8 64 4D 63% Advanced Editin 2 per class) _ 8 64 25 39% Advanced Studio (2 per class) 8 641 ol 0% Totals 128 10241 230 22% EQUIPNENT USES NbrFthly Capacity I i it YTD Ckiacity YTD Use Capacity Used Field Cameras 120 960 352 37% Edd Ba 1 60 480 94 20% Edit Ba 2 60 460 92 19% Studio 60 460 175 36% !Eddin2 La 10 s 8 64 44 69% Totals 30D 2400 713 30% CONCLUSION: MW 11YETTEVIL E P0410C TELEVI51 k 14 nit. i� a 2 4 I'tf3uii s es u i( ri I UI i; is =:t _3 hour Kes sicm L! t hoiu.€ ... .. ...,. '31 • Providing a way for non-residents to pay to utilize the resources will increase production at FPTV. • It will allow non-residents to work with residents on productions. • It will increase awareness and viewership, as all programming created will be branded with FPTV. • It will increase tax revenue by drawing people to Fayetteville. • The funds from the non-resident fees will go to the current Trust Fund account to promote FPTV and its resources. • It will not put undue stress on fhe operation or resources. REQUEST: • We are requesting that the City Staff and Council endorse a policy and contract change that will allow residents of Washington and Benton County to pay a $50 annual membership fee to access the FPTV resources. Sampling of non-resident requests for access: 0UR , MEDIA 2017 FPTV Non -Resident Proposal nr:.3tt}�zrr�rr�r 2014 - Donna Dickson from Rogers wanting to take classes to produce video - Alyson Reaves from Greenland wanting to take classes to produce - Reggie Nelson from Rogers wanting to produce video for his church - Landon Carpenter from Centerton wanting to take classes - Skylar and Steve Petet from Springdale wanting to work on a music video Hope Stutes from Bentonville wanting to produce video - Jay Sawyer from Lincoln wanting to take classes Chris Moody from Prairie Grove wanting to produce music videos - Maria Cunningham from Bella Vista wanting to produce "hooping" videos Springdale Students at the Spring Creek Arts Festival expressed interest 2015 - Tommy Culpepper from Rogers wanted to make music videos - Jacob Killian from Farmington wanted to produce comedy videos - Gary Denzer from Springdale wanted to take classes - Steve Cooper, dean of the music department at NWACC, inquired about partnering with FPTV to provide opportunities for NWACC students. - Springdale Students at the Spring Creek Arts Festival expressed interest OWNS - Al Lopez (a.k.a. "Pappa Rap") inquired about producing shows in Spanish - Calven Harris from Springdale wanted to take classes - Chris Stricker from Elkins wanted to submit a show for telecast - Sara Jord from Rogers wanted to take classes to produce video for her nonprofit - James Miller from Lincoln wanted to take classes - James Burkheart from Rogers wanted to take classes to produce video - Earl Hale from Rogers wanted to be part of the "Naked Doctor" studio production Bill Bush from Lincoln wanted to take classes and produce video - Springdale Students at the Spring Creek Arts Festival expressed interest - Cade Grant from Prairie Grove inquired about his class utilizing the resources Farmington High school requested to submit videos they have produced 2017 NWACC Performing Arts department inquired about City/Your Media video class instruction for students Current Contract and Policy 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 216-16 File Number: 2016-0605 CITY AND COMMUNITY ACCESS TELEVISION, INC. D/B/A YOUR MEDIA: A RESOLUTION TO APPROVE A RENEWAL OF THE CONTRACT WITH COMMUNITY ACCESS TELEVISION, INC. D/B/A YOUR MEDIA IN THE AMOUNT OF $157,520.04 FOR THE PROVISION OF PUBLIC ACCESS TELEVISION SERVICES AND THE OPERATION OF THE PUBLIC ACCESS TELEVISION CHANNEL THROUGH 2017, CONTINGENT ON APPROVAL OF THE 2017 ANNUAL CITY BUDGET 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 renewal of the contract with Community Access Television, Inc. d/b/a Your Media, a copy of which is attached to this Resolution, in the amount of $157,520.04 for the provision of public access television services and the operation of the public access television channel through 2017, contingent on approval of the 2017 annual city budget. PASSED and APPROVED on 12/6/2016 Page 1 Printed on 1217116 ��r,,�tt► s � i � t��,r�rr Attest: 7: 3AYI'llFVll.l!.; �IYilti. -nisi Lit-'idY p. frw. Sondra E. Smith, City Clerk Treasurer Printed on 1217116 I City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (r r fr 7 (479) 575-8323 Text File L File Number: 2016-0605 Agenda Date: 12/6/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 11 CITY AND COMMUNITY ACCESS TELEVISION, INC. D/B/A YOUR MEDIA: A RESOLUTION TO APPROVE A RENEWAL OF THE CONTRACT WITH COMMUNITY ACCESS TELEVISION, INC. D/B/A YOUR MEDIA IN THE AMOUNT OF $157,520.04 FOR THE PROVISION OF PUBLIC ACCESS TELEVISION SERVICES AND THE OPERATION OF .THE PUBLIC ACCESS TELEVISION CHANNEL THROUGH 2017, CONTINGENT ON APPROVAL OF THE 2017 ANNUAL CITY BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF THE- CITY OF FAYETTEVILLE, ARKANSAS: Sec-tkul__1. That the City Council of the City of Fayetteville, Arkansas hereby approves a renewal of the contract with Community Access Television, Inc. d/b/a Your Media, a copy of which is attached to this Resolution, in the amount of $157,520.04 for the provision of public access television services and the operation of the public access television channel through 2017, contingent on approval of the -2017 annual city budget. City of Fayetteville, Arkansas Page 1 Printed on 12/7/2018 City of Fayetteville Staff Review Form 2U1G-'t6 3 Legistar file ID 12/6/16 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Doug Bankston 11/18/16 Media Services / Communications & Marketing Department Submitted By Submitted Date Division / Department Action Recommendation: Approve a contract in the amount of $1.57,520.04 for the period of one (1) year between the City and Community Access Television, Inc. d/b/a Your Media to provide Public Access Television services for the year 2017, contingent on approval of the 2017 annual city budget and work program. Hccouni IVumoer Project Number Budgeted Item? NA Budget Impact:. Fund Project Title Current Budget $ Funds Obligated $ Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA ^ Budget Adjustment Previous Ordinance or Resolution # Original Contract Number: Comments: 207-15 Remaining Budget Approval Date: 157,520.04 V20140710 CITY OF Ta " y4 r1w ARKANSAS MEETING OF DECEMBER 6, 2016 TO: Mayor Jordan and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Susan Norton, Director of Communications FROM: Douglas Bankston, Director of Media Services DATE: November 18, 2016 SUBJECT: Approve a Community Access Television, Inc. (d/b/a Your Media) Contract Renewal for 2017. RECOMMENDATIOR: Approval of the attached contract renewal between the City of Fayetteville and Community Access Television, Inc. (d/b/a Your Media) in the amount of $157,520.04 to provide Public Access Television services from January 1, 2017, through December 31, 2017, contingent on approval of the 2017 annual city budget and work program. BACKGROUND: Community Access Television, -Inc. (d/b/a Your Media), was recommended to be the City's Public Access provider for the term from January 2016 through December 2020, which was approved through City Council Resolution 207-15 in November 2015. This is a request for a contract renewal for fiscal year 2017, with a potential renewal for up to three additional one-year terms. DISCUSSION: In November 2015, City council approved Community Access Television, Inc. d/b/a Your Media to be the contract service provider for Fayetteville Public Access Television. The approved contract was for the period of one year with up to four renewals. This 2017 contract is a renewal with up to three subsequent renewals. This 2017 renewal includes an approved 3% cost of living increase (based on salaries alone) BUDGET/STAFF IMPACT: The total cost of this contract is $157,520.04 Budget to be approved by the City Council. ATTACHMENTS: Staff Review Form Staff Memo Contract for Public Access Services This amount is included in the proposed 2017 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CONTRACT BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND COMMUNITY ACCESS TELEVISION d/b/a Your Media A 501-C-3 NONPROFIT ORGANIZATION AGREEMENT This Agreement is made this 1 st day of January, 2017, 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 users and others to produce and telecast television programming in a first-come, first- served, content -neutral, non-discriminatory manner, iii accordance with the First Amendment, and to provide training 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, or pursuant to Arkansas law. 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 a Public Access Television channel, either through agreements with television services - providers or pursuant to Arkansas law. 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: 2016 Public Access Contract 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 user who requests a program to be telecast on the Public Access Television channel. Public Access User (user): An individual who is allowed to use the services provided by Fayetteville Public Access Television by meeting one or more of the following criteria: • A resident of Fayetteville • A student at the University of Arkansas or Fayetteville Public Schools • An employee of a public institution (or branch thereof) or non-profit organization that is based in Fayetteville 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 1D 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. 2016 Public Access Contract 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 Public Access Users (users) or others who were qualified users as of December 31, 2016. 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 items or activities utilizing equipment, facilities or resources owned or controlled by the City of Fayetteville: I. Training workshops and seminars that are conducted utilizing City of Fayetteville resources. 2. The sale of blank recording media. 3. Transfer and/or duplication services. 4. Other small items, such as t -shirts or other promotional items, as approved by the City of Fayetteville Communications Director. 5. 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 prograrnming produced -through contract production activity must be telecast on the Public Access Television channel. c. Contract production may include studio production activity at the Television Center and 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 Director of Media Services 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 Director of Media Services. 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. 2016 Public Access Contract Page 3 of 21 6. 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. 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 ofF teville, 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. Your Media's manager shall ensure proper accounting of all such revenues collected and shall report such accounting monthly to the Director of Media Services. 3. All fiends within the "Trust Account of Community Access Television, Inc." may only be expended through City Council Resolution authorizing the receipt of funds into the Television Center budget and approving any necessary Budget Adjustments. Normal bank fees related directly to -the use of this trust account may be paid with trust account funds without prior authorization. 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 Director of Media Services. The City of Fayetteville provides the services described herein as a public service to the users 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 users. These programs are limited to one (1) -per organization per contract year. 2. Your Media may produce or conduct one (1) field -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 Director of Media Services. 5. Fund-raising messages may not be displayed over other programming without the expressed written consent of the program owner. 2016 Public Access Contract Page 4 of 21 6. The on -air bulletin/message board and the Short Takes program maybe 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 Director of' Media Services. Your Media will not make changes or revisions to any policy, procedure, or method of work direcily related to the services described herein without the prior approval of the. Director of Media Services. 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: 2016 Public Access Contract Page 5 of 21 SECTION 3: SCOPE OF SERVICES PROVIDE EQUITABLE CHANNEL AVAILABILITY AND PROGRAMMING SERVICES TO USERS 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 users. 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 Tcicvision 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 users may request programming to be telecast on the Public Access Television channel. This process is subject to approval by the Director of Media Services. 2. Ensure individuals requesting programs to be telecast by Your Media on the Public Access Television channel are users, 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 pennissions 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 Director of Media Services. At a minimum, the process and criteria will: 2016 Public Access Contract 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 requesters are informed of "mature -audience" -type prograrruning 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 bulletiWines sage 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 Director of Media Services as they become ]clown to them, either through complaint or observation.. The Director of -Media Services 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 Director of Media Services. 2016 Public Access Contract 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 Director of Media Services as these.violations become known to them, either through complaint or observation. The Director of Media Services 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 Director of Media Services 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: 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. d. Product placement in programming in exchange for sponsor support is prohibited. 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. 2016 Public Access Contract 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 and/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 incorporate brands or logos. PROVIDE 'TELEVISION STUDIO PRODUCTION SERVICES FOR USERS 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 users 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 users may record their "Short 'fakes" segments. The schedule of studio sessions is subject to approval of the Director of Media Services. 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 users 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 he 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 bulIetin/message board for residents to announce events or other information. 2016 Public Access Contract Page 9 of 21 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 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 users so they may learn the techniques and details of video production and television programming distribution. Your Mcdia 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. Basic Studio Production/Crew Positions And at least 3 advanced classes in the subjects of: a. Advanced Field Production b. Advanced Video Editing c. Advanced 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 Director of Media Services, 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 users while they are engaged in training or production activities. 8. Provide technical and production consultation to users who are producing outside programs. 9, Offer training in the use of all available methods of television programming distribution. 10. Ensure that instructors maintain a minimum level of competence in the operation of equipment, as approved by the Director of Media Services. This can be demonstrated through industry certification or actual demonstration of skills to the Director of Media Services or their designee. If an instructor fails to meet a minimum level of competence, 2016 Public Access Contract Page 10 of 21 they will be prohibited from teaching any classes or workshops until such time as they have demonstrated to the Director of Media Services, or his/her designee, they have achieved that level. 11. Create and publish a monthly schedule of classes and workshops, a in 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. 12. Ensure Your Media staff stays current with emerging technologies through professional development that includes technical training. 13. Provide reports on training and education activity as required by the City. PROVIDE EQUAL ACCESS TO TELEVISION PRODUCTION EQUIPMENT AND FACILITIES TO ALL USERS 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 users 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 Director of Media Services 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: I. 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. 4. Maintain accurate and detailed records and identification of users 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. 2016 Public Access Contract Page 11 of 21 5. Implement a plan to determine, either 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 qualified users 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 frill 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. 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 the telecast of a prograrn, 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 detennines necessary. Your Media will create and maintain the necessary documentation, affidavits and statements, subject to the approval of the Director of Media Services, to be included in any forns 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. 2016 Public Access Contract Page 12 of 21 3. Your Media will ensure the library and program library database are maintained in an easily accessible mariner. 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 Director of Media Services. 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 Director of Media Services. 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 Director of Media Services. 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 Director of Media Services. 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. e. Provide a copy of all correspondence and other pertinent materials to the Director of Media Services. 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. 2016 Public Access Contract Page 13 of 21 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 prograrmning;- 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 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 infonnation 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 2016 Public Access Contract Page 14 of 21 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, riles, and regulations and within any and all agreements, rules, or regulations of any 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 Director of Media Services, 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 decorurn 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, riles, and regulations regarding the use of the Television Center. The Director of Media Services is responsible for developing and publishing policies, procedures, rules, and regulations regarding the use of the Television Center facility and equipment. The Director of Media Services 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 Your Media fi-otn 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 2016 Public Access Contract Page 15 of 21 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 the Your Media Board of Directors in the execution of this contract is subject to the terms of the Arkansas Freedom of Infoimation 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 users, 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 Director of Media Services will agree upon the operations schedule and Your Media will not vary from the agreed upon schedule without prior approval of the Director of Media Services. 13. Your Media shall submit monthly, quarterly, and annual reports, as defined by the Director of Media Services, on the execution of the activities and responsibilities described herein. Monthly reports shall be due by the 10'x' of the IbIlowiug month, or, if the 10'b is tt?at a regular business day, the next business day liollowing the 10`x'. No contract payments will be made to Your Media while any required report is incomplete or overdue. 14. Your Media agrees to provide the City with a nionthiy financial report, due by the 10th of the following month, detailing: a. Expenditures of funds provided Your Media from the City b. Sources and amounts of other revenue generated from Public Access service activity c. Any other expenditures related to Public Access service-activity 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: (a) Expenditures of funds provided Your Media from the City (b) Sources and amounts of other revenue generated from Public Access service activity (c) Any other expenditures related to Public Access service activity ii) Training reports, detailing: (a) Training activity provided users (b) Training activity for staff (c) Class and workshop activity 2016 Public Access Contract Page 16 of 21 iii) Certification activity (a) Certification of residents 1. Number of new users qualified to use equipment 2. Number of new outside producers (b) Certification of staff iv) Production activity (a) Production activity of users (b) Production activity of staff v) Equipment Utilization vi) Feedback and Complaints vii) Programming reports (a) Itemization of programs telecast by: 1. Inside programs 2. Outside programs (b) Itemization of program requestors by: J. Inside programs 2. Outside programs (c) Quantity of new and repeat inside programs (d) Quantity of new and repeat outside programs (e) Quantity of new program requestors viii) Details of activity engaged in by Your Media to promote Fayetteville Public Access Television 16. In addition to the monthly, quarterly and annual reports, the following special reports and information shall be provided to the Director of Media Services: 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 c. All corporate documents, including but not limited to Your Media'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, Your Media shall make .available to them, or any of their authorized I•epresentatives, within three (3) business days, all of Your Media'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, MOMS of per -soli el, 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, Your Media 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 2016 Public Access Contract Page 17 of 21 f. Minutes of all meetings, if taken, and materials distributed in meetings of Your Media's Board of Directors, or committees thereof, shall be submitted to the Telecommunications Board and the City; and Your Media 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 Director of Media Services to assess Your Media's effectiveness in providing the services described herein. 2. The City and Your Media may agree upon periodic perforinance measures. These measures will be documented as Addendum A of this contract. 3. Your Media will provide' a method for receiving- feedback, comments, input and suggestions from the public. This communication will be made available to the Director of Media Services as part of the quarterly evaluation process. 4. The Director of Media Services will immediately communicate to Your Media any violations of this contract as may come to his/her attention so that Your Media may have an opportunity to correct such violations in a timely manner. 5. Quarterly evaluatiVIS will be communicated to the Telecoiruntinications Board, consistent with the process for oversight as specified in the Telecommunications Board Ordinance. CONTRACT PERIOD The contract period will be from January 1, 2017, until December 31, 2017. Either party may cancel this contract at any time with a thirty (30) day written notice. This contract may be renewed by the parties per year for up to three additional one-year terms. FUNDING The City hereby agrees to pay Your Media the monthly sum of 513,126.67 for services performed under the terms of this contract. Each monthly payment will he remitted on or be Fo re the 15'x' day of each month, bc11,111ning January 15, 2017, Gutless Your Mucha lhils to cotttply with the expressed terms of this contract. 'rhe City reserves the right to withhold colitrnct 1MYRients to Your Media unless Your Media is deemed in full compliance with the contract or until all contract violations are corrected. For any future renewal period up to four additional one-year terms, payments to Your Media shall be increased by the amount required to fund salary increases of three percent (3%). LEGAL AUTHORITY Your Media 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 Your Media have been fully authorized by Your Media 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 Your Media to all the terms, performances, and provisions here set forth. A copy of such resolution shall be provided upon execcttion 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 2016 Public Access Contract Page 18 of 21 authority of Your Media or the person signing the Agreement. The City shall not be obligated to pay Your Media for any performance of the provisions of this Agreement after the City has suspended or terminated this Agreement as provided in this Section. PERSONNEL Your Media shall adequately staff the Public Access operation to meet the services and duties outlined in this agreement. Both City staff and Your Media staff will be expected to work together in a cooperative manner within the Television Center. Personnel policies shall be established by Your Media and shall be available for examination by the City. Upon termination of any employee from either the City or Your Media, 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 Your Media shall comply with all applicable equal opportunity, affirmative action, and ADA laws or regulations, including those of the City of Fayetteville. INSURANCE Your Media shall obtain and keep in force during the term of this agreement a policy of public liability and property damage insurance. Your Media shall provide continued proof of coverage - in its quarterly reports. The coverage, at a minimum, shall be in the following amounts: General Liability 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: Your Media shall obtain a fidelity bond covering all persons handling funds received or disbursed and/or signing or co-signing checks to disburse fiinds 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. Your Media shall furnish the city proof of an adequate fidelity bond prior to the first payment of funds under this agreement. POLITICAL/SECTARIAN ACTIVITY Your Media shall not initiate or sponsor political or religious programming. Your Media shall not engage in any political activity. Your Media 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 2016 Public Access Contract Page 19 of 21 It is expressed, understood and agreed by both parties that the City is contracting with Your Media as an independent contractor and that as such, Your Media 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 Your Media. 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 Your Media 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 mamler or degree with the performance of services required to be performed under this Agreement. Your Media 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. Your Media further covenants that no member of its Board of Directors or its staff or employees shall possess any interest in or use their position for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with which they have family, business, or other ties. No officer, member, or employee of the City and no member of its governing body who exercises any functions or responsibilities in the review or approval of the undertaking or canying 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. 2016 Public Access Contract Page 20 of 21 ! COUdU«ITY ACCESS TELEV!!S ON d/b&YOQkyRD Ia, ! By. T1+ � A- � -- � :. Print: Tilt. 2016 Public Access Co.ntract CITY O F±NI2JEv±L£,ARKANSAS y ri \r,m as m rd &TTE; 2 By»:�. Sondra Smith, A& Clerk/26-Ty % . Y! I Ft2f 6 7: -A \& ,, 44N- w� Pay2of21 Contract with Proposed Policy Change Language (highlighted in yellow) } CONTRACT BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND COMMUNITY ACCESS TELEVISION d/b/a Your Media A 501-C-3 NONPROFIT ORGANIZATION AGREEMENT This Agreement is made this 1st day of January, 2017, 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 users and others 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 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, or pursuant to Arkansas law. 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 a Public Access Television_ channel, either through agreements with television services providers or pursuant to Arkansas law. 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: 2017 Public Access Contract 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 user who requests a program to be telecast on the Public Access Television channel. Resident User: An individual who resides within the city limits of Fayetteville,_a student at the University of Arkansas or a public school within the city limits of Fayetteville, or an employee of a public institution (or branch thereof) or non-profit organization that is based in Fayetteville. This status may be documented by producing a current City of Fayetteville utility bill, a rental contract, a driver's license, other government -issued photo ID that contains naive and address (including a student identification card), or a check stub or other proof of employment by a public institution or -non-profit organization located in Fayetteville. Non -Resident User: An individual (henceforth referred to as non-resident) who resides within the Washington or Benton County limits, is a student of a public school within the county limits, or is an employee of a public institution (or branch thereof) or non-profit organization that is based within the county limits and who does not otherwise qualify as a Resident User. County Residency may be documented by producing a current utility bill, a rental contract, a driver's license, student identification card, or other government -issued photo ID that contains name and address, or a check stub or other proof of employment by a public institution or non-profit organization located in Washington or Benton County. Trainee: A resident or non-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. 2017 Public Access Contract 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 Resident -of -Fayetteville Public Access Users who were qualified users as of December 31, 2016. Non -resident -of -Fayetteville Public Access Users shall pay a $50 per year fee for services described in this contract. 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. At no time shall the number of non-resident users exceed 49% of the total user base of FPTV services and resources. 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 items or activities utilizing equipment, facilities or resources owned or controlled by the City of Fayetteville: 1. Non-resident of Fayetteville annual service dues. 2. Training workshops and seminars that are conducted utilizing City of Fayetteville resources. 3. The sale of blank recording media. 4. Transfer and/or duplication services. 5. Other small items, such as t -shirts or other- promotional items, as approved by the City of Fayetteville Communications Director. 6. 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 include studio production activity at the Television Center and 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 Director of Media Services 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 Director of Media Services. 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. 2017 Public Access Contract Page 3 of 21 7. 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. 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. Your Media's manager shall ensure proper accounting of all such revenues collected and shall report such accounting monthly to the Director of Media Services. 3. All funds within the "Trust Account of Community Access Television, Inc." may only be expended through City Council Resolution authorizing the receipt of funds into the Television Center budget and approving any necessary Budget Adjustments. Normal bank fees related directly to the use of this trust account may be paid with trust account funds without prior authorization. 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 Director of Media Services. The City of Fayetteville provides the services described herein as a public service to the users 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 users. 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 non -nal operations of the Television Center. Questions regarding disruption will be determined by the Director of Media Services. 5. Fund-raising messages may not be displayed over other programming without the expressed written consent of the program owner. 2017 Public Access Contract Page 4 of 21 The on -air bulletin/message board and the "Open Mic" 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 Director of Media Services. Your Media will not snake changes or revisions to any policy, procedure, or method of work directly related to the services described herein without the prior approval of the Director of Media Services. 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: 2017 Public Access Contract Page 5 of 21 SECTION 3: SCOPE OF SERVICES PROVIDE EQUITABLE CHANNEL AVAILABILITY AND PROGRAMMING SERVICES TO USERS 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 users. 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 prograinming 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 users may request programming to be telecast on the Public Access Television channel. This process is subject to approval by the Director of Media Services. 2. Ensure individuals requesting programs to be telecast by Your Media on the Public Access Television channel are users, 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 ox 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 1 st 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 Director of Media Services. At a minimum, the process and criteria will: 2017 Public Access Contract 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 Director of Media Services as they become known to them, either through complaint or observation. The Director of Media Services 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 Director of Media Services. 2017 Public Access Contract Page 7 of 21 Schedule for fiirther 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 Director of Media Services as these violations become known to them, either through complaint or observation. The Director of Media Services 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 Director of Media Services 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: 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. d. Product placement in programming in exchange for sponsor support is prohibited. Rules for Display of Sponsor Credits a. All sponsor credits must identify the sponsor by naive and/or logo. b. Sponsor credits inay 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 infonnation, and not to solicit sales. d. Sponsor credits may not exploit or take unfair advantage of the child audience for children's programming. 2017 Public Access Contract 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 and/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 incorporate brands or logos. PROVIDE TELEVISION STUDIO PRODUCTION SERVICES FOR USERS ON A FIRST- COME, FIRST-SERVED, NON-DISCRIMINATORY BASIS Your Media will: 1. Produce a weekly program ("Open Mic") of no less than 30 minutes and no more than one hour in length that provides an open -studio opportunity for users to express their views, present information, or perform; not to exceed five minutes per person. a. The "Open Mic" 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 users may record their "Open Mic" segments. The schedule of studio sessions is subject to approval of the Director of Media Services. c. All participants, residents and non-residents of Fayetteville appearing on the "Open Mic" program will be provided a document that informs them that what is presented on the "Open Mic" program must conform to all guidelines for other programming telecast on the Public Access Television channel. d. Non-residents of Fayetteville wishing to participate in the "Open Mic" service alone shall not be required to pay the $50 annual non-resident fee. 2. Produce programming for the users 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 classrooin/training enviromnent. 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. 2017 Public Access Contract Page 9 of 21 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 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 AND NON-RESIDENTS IN THE PRODUCTION AND DISTRIBUTION OF NON-COMMERCIAL TELEVISION PROGRAMMING Your Media will provide training and technical support for users 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. Basic Studio Production/Crew Positions And at least 3 advanced classes in the subjects of - a. Advanced Field Production b. Advanced Video Editing c. Advanced 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 Director of Media Services, 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 users while they are engaged in training or production activities. 8. Provide technical and production consultation to users who are producing outside programs. 9. Offer training in the use of all available methods of television programming distribution. 10. Ensure that instructors maintain a minimum level of competence in the operation of equipment, as approved by the Director of Media Services. This can be demonstrated through industry certification or actual demonstration of skills to the Director of Media 2017 Public Access Contract Page 10 of 21 Services 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 Director of Media Services, or his/her designee, they have achieved that level. 11. 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. 12. Ensure Your Media staff stays current with emerging technologies through professional development that includes technical training. 13. Provide reports on training and education activity as required by the City. PROVIDE EQUAL ACCESS TO TELEVISION PRODUCTION EQUIPMENT AND FACILITIES TO ALL USERS 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 users 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 Director of Media Services 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. 4. Maintain accurate and detailed records and identification of users 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. 2017 Public Access Contract Page 1 I of 21 5. Implement a plan to determine, either 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 qualified users 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. MAINTAIN A PROGRAM LIBRARYAND 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 detennines necessary. In the case of a resident who requests the 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. Your Media will create and maintain the necessary documentation, affidavits and statements, subject to the approval of the Director of Media Services, 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. 2017 Public Access Contract Page 12 of 21 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 detennined by the Director of Media Services. 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 Director of Media Services. CONDUCT OUTREACH AND COMMUNICATION ACTIVITIES WITH THE PUBLIC 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 Director of Media Services. 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 Director of Media Services. 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 Telecominunications 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 Director of Media Services. 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. 2017 Public Access Contract Page 13 of 21 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 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 seines the citizens of Fayetteville ill. A government organization that serves the citizens of Fayetteville Infornation 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 2017 Public Access Contract Page 14 of 21 F 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 and within any and all agreements, rules, or regulations of any 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 Director of Media Services, 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 Director of Media Services is responsible for developing and publishing policies, procedures, rules, and regulations regarding the use of the Television Center facility and equipment. The Director of Media Services 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 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 2017 Public Access Contract Page 15 of 21 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 the 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 users, 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 Director of Media Services will agree upon the operations schedule and Your Media will not vary from the agreed upon schedule without prior approval of the Director of Media Services. 13. Your Media shall submit monthly, quarterly, and annual reports, as defined by the Director _of Media Services, on the execution of the activities and responsibilities described herein. Monthly reports shall be due by the 10th of the following month, or, if the 10th is not a regular business day, the next business day following the 10`'. No contract payments will be made to Your Media while any required report is incomplete or overdue. 14. Your Media agrees to provide the City with a monthly financial report, due by the 10th of the following month, detailing: a. Expenditures of funds provided Your Media from the City b. Sources and amounts of other revenue generated from Public Access service activity c. Any other expenditures related to Public Access service activity 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: (a) Expenditures of funds provided Your Media from the City (b) Sources and amounts of other revenue generated from Public Access service activity (c) Any other expenditures related to Public Access service activity ii) Training reports, detailing: (a) Training activity provided users (b) Training activity for staff (c) Class and workshop activity 2017 Public Access Contract Page 16 of 21 } iii) Certification activity (a) Certification of residents 1. Number of new users qualified to use equipment 2. Number of new outside producers (b) Certification of staff iv) Production activity (a) Production activity of users (b) Production activity of staff v) Equipment Utilization vi) Feedback and Complaints vii) Programming reports (a) Itemization of programs telecast by: 1. Inside programs 2. Outside programs (b) Itemization of program requestors by: 1. Inside programs 2. Outside programs (c) Quantity of new and repeat inside programs (d) Quantity of new and repeat outside programs (e) Quantity of new program requestors viii) Details of activity engaged in by Your Media to promote Fayetteville Public Access Television 16. In addition to the monthly, quarterly and annual reports, the following special reports and infonnation shall be provided to the Director of Media Services: 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 c. All corporate documents, including but not limited to Your Media'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, Your Media shall make available to them, or any of their authorized representatives, within three (3) business days, all of Your Media's records related to all matters covered by this Agreement and shall pen -nit 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, Your Media 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 2017 Public Access Contract Page 17 of 21 f. Minutes of all meetings, if taken, and materials distributed in meetings of Your Media's Board of Directors, or committees thereof, shall be submitted to the Telecommunications Board and the City; and Your Media 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 Director of Media Services to assess Your Media's effectiveness in providing the services described herein. 2. The City and Your Media may agree upon periodic performance measures. These measures will be documented as Addendum A of this contract. 3. Your Media will provide a method for receiving feedback, comments, input and suggestions from the public. This communication will be made available to the Director of Media Services as part of the quarterly evaluation process. 4. The Director of Media Services will immediately communicate to Your Media any violations of this contract as may come to his/her attention so that Your Media 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 Board Ordinance. CONTRACT PERIOD The contract period will be from January 1, 2017, until December 31, 2017. Either party may cancel this contract at any time with a thirty (30) day written notice. This contract may be renewed by the parties per year for up to three additional one-year terms. FUNDING The City hereby agrees to pay Your Media the monthly stun of $13,126.67- for services performed under the terms of this contract. Each monthly payment will be remitted on or before the 15`x' day of each month, beginning January 15, 2017, unless Your Media fails to comply with the expressed terms of this contract. The City reserves the right to withhold contract payments to Your Media unless Your Media is deemed in full compliance with the contract or until all contract violations are corrected. For any future renewal period up to four additional one-year terns, payments to Your Media shall be increased by the amount required to fund salary increases of three percent (3%). LEGAL AUTHORITY Your Media 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 Your Media have been fully authorized by Your Media 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 Your Media to all the terms, perfonnances, 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 2017 Public Access Contract Page 18 of 21 authority of Your Media or the person signing the Agreement. The City shall not be obligated to pay Your Media for any performance of the provisions of this Agreement after the City has suspended or terminated this Agreement as provided in this Section. PERSONNEL Your Media shall adequately staff the Public Access operation to meet the services and duties outlined in this agreement. Both City staff and Your Media staff will be expected to work together in a cooperative manner within the Television Center. Personnel policies shall be established by Your Media and shall be available for examination by the City. Upon termination of any employee from either the City or Your Media, 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 Your Media shall comply with all applicable equal opportunity, affirmative action, and ADA laws or regulations, including those of the City of Fayetteville. INSURANCE Your Media shall obtain and keep in force during the term of this agreement a policy of public liability and property damage insurance. Your Media shall provide continued proof of coverage in its quarterly reports. The coverage, at a minimum, shall be in the following amounts: General Liability 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: Your Media 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. Your Media shall furnish the city proof of an adequate fidelity bond prior to the first payment of funds under this agreement. POLITICAL/SECTARIAN ACTIVITY Your Media shall not initiate or sponsor political or religious programming. Your Media shall not engage in any political activity. Your Media 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 2017 Public Access Contract Page 19 of 21 It is expressed, understood and agreed by both parties that the City is contracting with Your Media as an independent contractor and that as such, Your Media 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 Your Media. 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 Your Media 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. Your Media 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. Your Media further covenants that no member of its Board of Directors or its staff or employees shall possess any interest in or use their position for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with which they have family, business, or other ties. No officer, member, or employee of the City and no member of its governing body who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership, or association in which he has a personal financial direct or indirect interest; or have any personal financial interest, direct or indirect, in this 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. 2017 Public Access Contract Page 20 of 21 COMMUNITY ACCESS TELEVISION d/b/a YOUR MEDIA By - Print: Title-.- ATTEST: itle: ATTEST: By: Print: Title: 2017 Public Access Contract CITY OFYAYETTEVILLE, ARKANSAS s. ATTEST: 4-taAet By: SondraSmith, City Clerk ,per , FAYET-TEVELLE; -y •. ;�kA NSP ■;��'a'` /� 1� • `G"11111%10% 1± - Page 21 of 21