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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 247-19
File Number: 2019-0702
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 $170,095.00 FOR THE PROVISION OF
PUBLIC ACCESS TELEVISION SERVICES AND THE OPERATION OF THE PUBLIC ACCESS
TELEVISION CHANNEL THROUGH 2020, CONTINGENT ON APPROVAL OF THE 2020 ANNUAL
CITY BUDGET AND WORK PROGRAM
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 $170,095.00 for the provision of public access television services and the
operation of the public access television channel through 2020, contingent on approval of the 2020
Annual City Budget and Work Program.
PASSED and APPROVED on 11/5/2019
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Attest: 0,�•
Lisa Branson, Deputy City Clerk����a11t 111%
Page 1 Printed on 1116119
n City of Fayetteville, Arkansas 113 West Mountain street
ffff Fayetteville, AR 72701
(479) 575-8323
Imo' Text File
File Number: 2019-0702
Agenda Date: 11/5/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 9
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 $170,095.00 FOR THE PROVISION
OF PUBLIC ACCESS TELEVISION SERVICES AND THE OPERATION OF THE PUBLIC ACCESS
TELEVISION CHANNEL THROUGH 2020, CONTINGENT ON APPROVAL OF THE 2020
ANNUAL CITY BUDGET AND WORK PROGRAM
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 $170,095.00 for the provision of public access television services and the
operation of the public access television channel through 2020, contingent on approval of the 2020 Annual City
Budget and Work Program.
City of Fayetteville, Arkansas Page 1 Printed on 111612019
City of Fayetteville Staff Review Form
2019-0702
Legistar File ID
11/5/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Doug Bankston 10/18/2019 MEDIA SERVICES (060)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approve a contract in the amount of $170,095.00 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 2020, contingent
on approval of the 2020 annual city budget and work program.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Remaining Budget
Fund
Project Title
$ 170,095.00
$ 170,095.00
$ 170,095.00
Previous Ordinance or Resolution # 207-15
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 5, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Susan Norton, Director of Communications
FROM: Doug Bankston, Director of Media Services
DATE: October 17, 2019
CITY COUNCIL MEMO
SUBJECT: Approve a Community Access Television, Inc. (d/b/a Your Media) Contract
Renewal for 2020.
RECOMMENDATION:
Staff recommends 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 $170,095.00 to
provide Public Access Television services from January 1, 2020, through December 31, 2020,
contingent on approval of the 2020 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 2020.
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 2020 contract is the last
renewal of the five-year term. This 2020 renewal includes an approved 3% cost of living
increase (based on salaries only).
BUDGET/STAFF IMPACT:
The total cost of this contract is $170,095.00
Budget to be approved by the City Council.
Attachments:
Staff Review Form, Contract
This amount is included in the proposed 2020
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, 2020, 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:
2020 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 name 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.
2020 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, 2019. 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 or Director of Media Services.
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. Contract production may include studio production activity at the Television Center
and related activity, including pre- and post -production.
c. 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.
d. 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.
e. 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.
f. 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.
2020 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. Your Media may be contracted to produce, or assist in the production of, productions that
utilize facilities and equipment controlled by the City at the discretion of the Operations
Manager and the Director of Media Services for a market -appropriate fee structure to be
determined by the Operations Manager and the Director of Media Services.
4. 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.
5. 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.
2020 Public Access Contract
Page 4 of 21
6. Fund-raising messages may not be displayed over other programming without the
expressed written consent of the program owner.
7. 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 make changes or revisions to any policy, procedure, or method of work directly related to the
services described herein without the prior approval of the 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 PEG Advisory
Board and the City as defined in this contract:
2020 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. Each program that is produced utilizing
City of Fayetteville Television Center equipment or facilities will be telecast on the Public Access
channel at least one time. A program may be excused from the telecast requirement with approval
from the Director of Media Services prior to the production of the program, or at any time at the
discretion of the Director of Media Services.
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 on the public access channel (FPTV) is not commercial in nature.
Commercial programming is defined as: "Programming that contains direct appeals to
purchase commercial goods or services; promotes the activities of for-profit groups,
organizations, or individuals; contains any call to action or solicitation to purchase a
product or patronize a business; any use of superlatives in describing a product, service, or
business; any direct comparison to other products, or direct comparisons to unnamed
products; any price or value information; or any inducements to buy."
5. Require program requestors to provide Your Media with expressed, written consent of the
program's owner for the program to be telecast on Fayetteville's Public Access Television
channel. Your Media will maintain a copy of all such permissions on file.
6. Maintain a decision-making process and criteria for the scheduling of programming that
will ensure the protection of 1st Amendment rights of program requestors while ensuring
programming does not violate Federal, State, or local laws or ordinances. The process and
criteria are subject to approval by the Director of Media Services. At a minimum, the
process and criteria will:
2020 Public Access Contract
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a. Utilize program type definitions as included in Section 1 and define ether 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.
2020 Public Access Contract
Page 7 of 21
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 -tree 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.
2020 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 classroom/training environment. The
experience of the participants in the class will be priority.
d. Your Media will not charge any production fees for programming produced in
studio laboratory sessions.
e. Studio laboratory sessions may not be used to produce series programming.
f. Production slots in the studio laboratory sessions will be scheduled on a first-come,
first-served basis. A producer may not schedule more than one session at a time.
3. Produce and telecast an electronic community bulletin/message board for residents to
announce events or other information.
2020 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
Services or their designee. If an instructor fails to meet a minimum level of competence,
2020 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 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.
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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 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 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.
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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 as digital video files in the TV Center
archive server system, 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
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 PEG Advisory 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.
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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 PEG 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 serves the citizens of Fayetteville
iii. A government organization that serves the citizens of Fayetteville
Information shall not be posted on bulletin boards unless it meets all of the following
criteria:
a. It shall not contain any type of direct appeal to purchase commercial goods or
services, or promote the for-profit activities of individuals, groups or
organizations
b. It shall not contain any depiction of libelous, obscene, indecent or violent material
c. It shall not be information campaigning for or in support of any political
candidate or ballot issue
d. It shall be no larger than standard "letter" sized paper, 8 '/2" x 11"
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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 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.
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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 10th. 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
iii) Certification activity
(a) Certification of residents
1. Number of new users qualified to use equipment
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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
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 PEG Advisory 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 permit the PEG
Advisory 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 make available to the PEG
Advisory Board and the City all notices of meetings of its Board of Directors,
setting forth the time and place thereof. Such notice shall be delivered in a timely
manner to give adequate notice and shall also include an agenda; and
f. Minutes of all meetings, if taken, and materials distributed in meetings of Your
Media's Board of Directors, or committees thereof, shall be submitted to the PEG
Advisory Board and the City; and
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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 PEG Advisory Board, consistent with
the process for oversight as specified in the PEG Advisory Board Ordinance.
CONTRACT PERIOD
The contract period will be from January 1, 2020, until December 31, 2020. 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 one additional one-year terms.
FUNDING
The City hereby agrees to pay Your Media the monthly sum of $14,174.58 for services performed
under the terms of this contract. Each monthly payment will be remitted on or before the 15th day
of each month, beginning January 15, 2019, 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 one 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 Y01,11-
Media
ourMedia to all the terms, performances, and provisions here set forth. A copy of such resolution shall
be provided upon execution of this Agreement. The City may exercise its right to either temporarily
suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of
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
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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
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
2020 Public Access Contract
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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.
COMMUNITY ACCESS TELEVISION CITY OF FAYETTEVILLE, ARKANSAS
d/b/a YOUR MEDIA
By: By:
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2020 Public Access Contract
Lioneld Jordan, Mayor
Page 20 of 21
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2020 Public Access Contract
Page 21 of 21