HomeMy WebLinkAboutMEDIA TECH - CONTRACT - RFP - P834 PROGRAMMING CABLE 27SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and MediaTech Productions, Inc., hereinafter referred to as "Service Provider".
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
i. Scope of Services. The Service Provider agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of one (1) page[s], and incorporated
herein by this reference.
2. Time of Commencement and Comoletion of Services The services to be performed
pursuant to this Agreement shall be initiated within fifteen (15) days following execution of this
Agreement. Services shall be completed no later than August 30, 2003. Time is of the essence. Any
extensions of the time limit set forth above must be agreed upon in a writing signed by the parties.
3. Contract Period. This Agreement shall commence upon the date of execution shown on
the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless
sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be
extended for an additional period of one (1) year at the rates provided with written notice to the
Professional mailed no later than ninety (90) days prior to contract end. It is agreed Service Provider will
produce at least six (6) half-hour shows to be aired on City Cable 27 within one year provided they
receive production funding through sponsors and/or underwriters for the half-hour shows. The Service
Provider will not produce half-hour shows if the funding is not obtained.
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to offer individual statements. Alternatively, the forum may consist of a moderated
question and answer format, or some other method, but in any event will be
designed to provide a fair opportunity for competing candidates to speak or respond
to questions.
Forum events related to ballot issues or other non -candidate election matters shall
be structured and conducted so as to provide a fair opportunity for presentation of
major competing perspectives on the subject issue.
USE OF CITY VIDEO EQUIPMENT
Use of City video production equipment shall be restricted to City Cable 27 activities authorized
by this Policy and shall only be used by authorized City employees and/or volunteers. Loaning
or rental of said equipment for personal or outside private use by City employees and/or
volunteers is strictly prohibited.
PROGRAM SOURCES
Programming for City Cable 27 shall, without limitation, come from the following sources:
Live Coverage of Public Meetings - Live coverage of public meetings will be
provided. This will consist of cablecasts of City Council meetings and other public
meetings and events of community interest. Except as otherwise permitted by law,
cablecasts of public meetings shall not be edited. In addition, such cablecasts shall
not be subject to contemporaneous editorial comment on City Cable 27. Meeting
coverage shall be from gavel to gavel. Insertion of alphanumeric information and
visual aids pertaining directly to meeting agenda and identification of participants is
allowed. It shall be the general policy to retain tapes of public meetings for a period
of two (2) years. At the end of that time the tapes will be erased and re -used. Any
request for longer retention of tapes must be made in writing, prior to the end of the
two (2) year period.
• Tape Delay Cablecasting - Some public meetings, city functions, and special events
will be taped for subsequent cablecast.
• Program Replays - Taped programming of any type may be replayed at various
times.
• Character Generated Programming - The primary source of information for the City
Cable 27 character -generated bulletin board shall be City departments and other
governmental entities and the information shall relate to their activities and services.
Information from other governmental entities may be included on the bulletin board if
approved by the Television Services Committee.
• City Produced Programming - Programs will be produced by the municipal cable
staff on topics consistent with this policy. Any department of the City or other
governmental entity may submit requests for programming development. Municipal
cable staff may also produce programming for other governmental entities as
authorized by this Policy or intergovernmental agreement.
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Programming Not Produced by the City - Some municipal cable television programs
will come from sources outside the City. Such programming must be consistent with
this Policy. Programming or programming services shall be procured consistent with
the City's Purchasing Manual and Code. The source of any program cablecast on
City Cable 27 shall be identified either proceeding or following cablecast of the
program.
PROGRAM PRIORITIES AND SCHEDULING
Selection and scheduling of all programming on City Cable 27 shall be the responsibility of the
Communications and Public Involvement Office. Scheduling will be in accordance with channel
use priorities, listed below, and the availability of equipment and resources.
• Emergency Override Notification - To provide citizens with information and
procedures in the event of emergency situations (severe weather, civil emergencies,
failure of municipal service or systems, hazardous waste, etc. )
• Public Meetings - To help increase and encourage citizen awareness and
participation in public policy decision -making. City Council meetings and study
sessions will be given first priority.
• Function and Operation of City Services - To illustrate and describe the functions,
operations, and services of some unit of City government in order to increase citizen
understanding of their government and its services.
• Local Issues Programming - To provide an outlet for discussion from a municipal
viewpoint of issues that bear upon the Fort Collins Community or upon specific
audiences or neighborhoods including the impact of regional, state, and federal
policies on the City and its residents.
• Community Interest Programming — To provide information about various aspects of fife in
Fort Collins, including community events and topics of general interest.
Programming of Other Governmental Entities - To allow other governmental entities to
cablecast their programming on City Cable 27 under an intergovernmental agreement with
the City.
Video Bulletin Board - To provide calendar or informational messages to citizens about
programs and public services offered by City Departments and other governmental agencies
when authorized by intergovernmental agreement.
John F. Fischbach,
City Manager
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Date
4. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so
prevented shall be excused from whatever performance is prevented by such cause. To the extent that
the performance is actually prevented, the Service Provider must provide written notice to the City of
such condition within fifteen (15) days from the onset of such condition.
5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of termination to
the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination
date contained in said notice unless otherwise agreed in writing by the parties. All notices provided
under this Agreement shall be effective when mailed, postage prepaid and sent to the following
addresses:
City: Service Provider:
City Clerk MediaTech Productions, Inc.
City of Fort Collins 917 E. Prospect
PO BOX 580 Fort Collins, CO 80525
Fort Collins, CO 80522 Attn. Maury Golder-Dobbie, President/CEO
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In the event of early termination by the City, the Service Provider shall be paid for services rendered to
the date of termination, subject only to the satisfactory performance of the Service Providers obligations
under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such
termination.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement. All requests concerning this
agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The City
shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the
payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose.
8. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an agreement for
personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor
delegate any duties arising under the Agreement without the prior written consent of the City.
9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights or benefits provided to the City under
this Agreement or cause of action arising out of performance of this Agreement.
10. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be performed
with the highest degree of competence and care in accordance with accepted
standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most
suitable grade of their respective kinds for their intended use, and all workmanship
shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City -furnished materials, equipment and labor,
against defects and nonconformances in design, materials and
workmanship/workwomanship for a period beginning with the start of the work and
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ending twelve (12) months from and after final acceptance under the Agreement,
regardless whether the same were furnished or performed by Service Provider or
by any of its subcontractors of any tier. Upon receipt of written notice from City of
any such defect or nonconfornances, the affected item or part thereof shall be
redesigned, repaired or replaced by Service Provider in a manner and at a time
acceptable to City.
11. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
12. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the default remains
uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b)
treat the Agreement as continuing and require specific performance; or (c) avail himself of any other
remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the
defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting
parry's reasonable attorney fees and costs incurred because of the default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees, agents
and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives,
successors and assigns of said parties.
14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the
City, its officers, agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any person or persons,
or damages to property arising out of, result from or occurring in connection with the performance of any
service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work hereunder to
prevent injury to persons and property.
C. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured under this
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Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) pages,
attached hereto and incorporated herein by this reference. The Service Provider before commencing
services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box
580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required
from an insurance company acceptable to the City.
15. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations
not contained in this Agreement shall not be binding on the parties.
16.
Law/Severability.
The laws
of
the
State of Colorado shall govern
the construction
interpretation,
execution and
enforcement
of
this
Agreement. In the event any
provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding
shall not invalidate or render unenforceable any other provision of this Agreement.
17. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Attachment A, consisting of four (4) page[s],
attached hereto and incorporated herein by this reference.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: C�/�
Jam O'Neill II, CPPO, FNIGP
Dire of Purchasing and Risk Management
0. -►%�lti
MediaTech Productions, In .
Maury Golder-Dobllie
CORPORATE PRESIDENT
Date: 9 11 \Q � O D-
ATTEST: (CorTrap et Seal)
CORPORATE SECRETARY
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I WA;11 IM
SCOPE OF SERVICES
Purpose:
The project's purpose is to provide additional video programming/content for the City of Fort
Collins Cable 27, which will ultimately increase viewership among various audiences. The
programs should address diverse topics of interest to Fort Collins citizens, must be in
accordance with the Guidelines for Programming and Operational Procedures for City Cable 27
(Attachment A) and any changes which may be made to the policies in the future.
Project:
The Professional's responsibilities are as follows:
• Develop proposal for show format and topics.
• Provide a minimum of six (6) 30-minute programs.
• Secure funding sources; this may include soliciting underwriters and developing/selling
sponsorship packages. The Service Provider will only produce shows as funding becomes
available.
• Adhere to the City's guidelines for advertising and sponsorship.
• Provide equipment and staff to produce the program.
• Coordinate a marketing campaign to create viewership for the program.
• Develop timelines for the marketing campaign and program production.
• Evaluate program effectiveness.
• Submit script and finished video to the City for approval.
The program shall not be cablecast on any other AT&T channel in the Fort Collins/Larimer
County franchise area simultaneous with its cablecast on City Cable 27.
The City shall approve the content for all programming produced under the terms of this
contract and shall contribute the following in -kind resources and assistance:
• Assign a staff person to assist with non -technical aspects of production.
• Work jointly with vendor to determine topics of interest to the Fort Collins community.
• Work jointly with vendor to create and implement a marketing campaign for the new
program(s)
• Provide counsel to ensure that sponsorship packages and program subject matter are in
compliance with Guidelines for Programming and Operational Procedures for City Cable 27.
Licensing fees:
• There is no licensing fee charged by the Service Provider to the City for the use of half hour
shows for City Cable 27.
• The City will not charge the Service Provider for air time on the City Cable 27 channel.
Copyright:
• The Copyright of all shows created by the Service Provider and aired on City Cable 27 is
owned strictly by the Service Provider.
Term:
This contract shall be for a term of one (1) year, with an option to renew.
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EXHIBIT B
INSURANCE REQUIREMENTS
The Service Provider will provide copies of current insurance, from insurance companies acceptable to
the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with copies of certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of expiration of
policies, and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten
(10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take
out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper
and may deduct the cost of such insurance from any monies which may be due or become due the
Service Provider under this Agreement.
Insurance coverages shall be as follows
A. Workers' Compensation & Employers Liability. The Service Provider shall maintain during the
life of this Agreement for all of the Service Provider's employees engaged in work performed
under this agreement:
1. Workers' Compensation insurance with statutory limits as required by Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease
aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the fife of
this Agreement such commercial general liability and automobile liability insurance as will
provide coverage for damage claims of personal injury, including accidental death, as well as for
claims for property damage, which may arise directly or indirectly from the performance of work
under this Agreement. Coverage for property damage shall be on a "broad form" basis. The
amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than
$500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible
for any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
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ATTACHMENT A
The municipal access channel shall operate on AT&T Broadband HC of Delaware, LLC dba
AT&T Broadband of Fort Collins (or its successor) Channel 27 (known as "City Cable 27" ). It
shall be the goal of the City to have some form of programming available on City Cable 27
twenty-four (24) hours a day. Such programming shall include, without limitation, live and taped
programming and a character -generated bulletin board.
OBJECTIVES
The primary purpose of City Cable 27 is to provide the citizens of Fort Collins with essential
information pertaining directly to City and other governmental services. Programming for City
Cable 27 will, therefore, be produced to provide, without limitation, the following services:
• Inform community residents about programs and public services provided by the City
and other governmental entities.
• Explain the opportunities for citizen participation in City and other governmental
programs and services.
• Provide an outlet for discussions, from a municipal viewpoint, of issues that bear
upon the Fort Collins community; of county, state and federal policies; and of local
and regional economic conditions and community demographics.
• Inform residents about topics and events of general interest to the Fort Collins
community.
• Provide information on public health, safety and welfare issues.
CITY'S AUTHORITY
The municipal cable channel, facilities, and programming operate under the jurisdiction of the
City.
RESPONSIBILITIES
The City's Television Services Committee shall periodically review these guidelines
and the operations of City Cable 27, and if appropriate, make recommendations to
the City Manager for modifications.
• The Television Services Committee shall review proposals for programming on City
Cable 27 in accordance with these guidelines and operational procedures.
• The Television Services Committee shall be composed of City staff members
designated by the City Manager. The Program Director for City Cable 27 shall be the
public liaison for the Television Services Committee.
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CITY CABLE 27 PROGRAMMING GUIDELINES
• City Cable 27 shall be for the sole use of the City and other authorized governmental
entities to provide programming on City Cable 27 consistent with this Policy.
Other governmental entities may apply for the use of City Cable 27 and permission
may be granted if the proposed programming is consistent with this Policy and if
channel time and resources are available.
• City Cable 27 may accept and consider suggestions for programming ideas that
have been submitted to the Television Services Committee from a source outside the
City organization. The suggested programming shall conform to the following
criteria:
• It shall be consistent with this document, "Guidelines for Programming and
Operational Procedures for City Cable 27;"
• It shall be consistent with City of Fort Collins objectives and policies;
• It shall be of compelling and general interest to the Fort Collins community.
Given the availability of resources and staff time, and provided that the suggested
programming is consistent with the above criteria, then the Television Services
Committee may consider producing the program, with or without the participation of
the individual or organization proposing the program.
City Cable 27 shall not be used to present any promotional material concerning any
commercial products or services presented for the purpose of any solicitation of
funds or other things of value. This does not, however, prevent the City from seeking
sponsors to offset the production costs associated with its City Cable 27
programming. Such sponsors may be acknowledged both before and after the
sponsored program is aired.
City Cable 27 shall not be used for the presentation of any information concerning
any lottery, gift enterprise or similar promotion offering prizes based upon lot or
chance.
• City Cable 27 shall not be used for the presentation of any material which constitutes
obscenity, libel, slander, invasion of privacy, violation of trademark, or copyright, or
which might violate any local, state or federal law, including Federal Communications
Commission regulations.
ELECTION PROGRAMMING GUIDELINES
• City Cable 27 shall not be used to urge electors to vote in favor of or against any
political candidate or measure on a Federal, State or local ballot, except as otherwise
permitted by law.
• City Cable 27 may choose to produce one or more election -related forums regarding
local municipal elections or other election matters considered by the City to be of
interest to the citizens of Fort Collins.
Where multiple candidates will appear on the ballot for elective positions, the forum
may allow the presentation of individual statements by the candidates, and in such
event shall provide an equal opportunity for each candidate for any particular office
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