Loading...
HomeMy WebLinkAboutLEAGUE OF WOMEN VOTERS - CONTRACT - CONTRACT - CROSSCURRENTS CONTRACT CABLEVIDEO PROGRAM PRODUCTION AGREEMENT THIS AGREEMENT is made and entered into this 9th day of January, 2004, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter referred to as "the City"), and THE LEAGUE OF WOMEN VOTERS OF LARIMER COUNTY, COLORADO, a Colorado non-profit corporation (hereinafter referred to as "the League"). WITNESSETH: WHEREAS, the City is the operator of a municipal access channel on Comcast of California/Colorado, LLC, (hereinafter referred to as "Comcast") pursuant to its Franchise Agreement with Comcast; and WHEREAS, Comcast Channel 27 is designated as City Cable 27, City of Fort Collins (hereinafter referred to as "City Cable 27"); and WHEREAS, the City has adopted "Guidelines for Programming and Operational Procedures for City Cable 27, City of Fort Collins", a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter referred to as "Guidelines for Programming"); and WHEREAS, pursuant to the Guidelines for Programming an objective of City Cable 27 is to provide the local community with information on public health, safety and welfare issues; and WHEREAS, the responsibility for implementing and directing the Guidelines for Programming lies with the Television Services Committee; and WHEREAS, the Guidelines for Programming provides that the Television Services Committee has the responsibility to determine if the City shall produce programming for City Cable 27 with the participation of organizations or individuals outside the City organization; and WHEREAS, the League is a non -partisan, non-profit organization a goal of which is to provide a forum for the public discussion of local and regional issues on a wide variety of topics, including the public health, safety and welfare; and WHEREAS, the City desires for the League to participate in the production of programs for City Cable Channel 27 on topics related to public health, safety and welfare issues involving the City and the local community; and -1of5- 4 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 shallbe 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. • 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. 5 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 life 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 Date EXHIBIT B CroUCu Ye4tt3,— Potential Topics for 2004 1. Academic Bill of Rights 2. Affordable housing 3. Budgets - city & county 4. Citizen participation in government S. Civil rights 6. Criminal justice reform 7. Diversity & equity issues 8. Economic issues, such as out -sourcing 9. Education, e.g., vouchers, early childhood education, education reform 10. Election reform, e.g., campaign finance, initiatives, HAVA 11. Energy consumption issues 12. Environmental impacts of new or existing policies, e.g., emissions control 13. Funding for arts & education 14. Future of community colleges 15. Growth issues - state, regional, county & city 16. GOCO operations 17. Health & safety topics 18. Homeland security at the local level 19. 1-25 Corridor - land use & transportation issues 20. Immigration 21. Insurance 22. Local control versus state legislation 23. Media consolidation 24. Medicare changes 25. Proposed policies, ordinances, charter amendments, resolutions, regulations and legislation 26. Public lands, open space, natural areas & community Separators 27. Redistricting 28. Revenue issues - state, county & city 29. Sustainability/consumerism 30. Solid waste issues, e.g., recycling, landfill, trash districting, pay -as -you -throw 31. TABOR, Gallagher & Amendment 23 restrictions 32. Tobacco settlement monies 33. Transportation topics, e.g., RTA, alternative modes 34. Unemployment 35. Water - quality, quantity, conservation 36. Welfare reform/TANIFF 12/19/03 WHEREAS, the League desires to participate in the production of such programs with the City in return for the City providing the facilities, equipment and technical assistance from City staff needed to produce such programs. NOW, THEREFORE, in consideration of the mutual promises of the parties as hereinafter provided and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: 1. The League agrees to participate with the City in the production of eight (8) programs to be cablecast live, or at the City's discretion on a tape -delayed basis, at 7:00 p.m. on City Cable 27 on each of the following dates (hereinafter referred to collectively as "the Programs" and individually as "Program"): a. January 22, 2004 b. February 26, 2004 C. March 25, 2004 d. April 22, 2004 e. May 27, 2004 f. September 23, 2004 g. October 28, 2004 h. December 9, 2004 The City shall have the right to preempt and reschedule any of the above cablecast dates if any conflict arises in the City's programming schedule or with regard to the City's use of the City's facilities to be used for the Programs. The preempted program date shall be rescheduled by mutual agreement of the City and the League. 2. The Programs shall be on topics chosen by the League from the list of topics attached hereto as Exhibit "B" and incorporated herein by reference. If the League wishes a Program produced on any other topic not listed on Exhibit B it shall obtain the consent of the City by giving the City at least twenty-eight (28) days notice of the League's desire to produce a program on such topic. It shall be within the City's sole discretion in deciding whether to consent to such new program. 3. The Programs shall generally follow a panel discussion format moderated by a representative from the League in which audience and telephone participation may be provided. Selection of all program participants shall be at the sole discretion of the League. The League will attempt to choose participants in the Programs fairly representing the different viewpoints of the particular topic, and shall otherwise organize and conduct each Program so as to fairly present the related facts and viewpoints. 4. Except as otherwise provided in this Agreement, the League shall be solely responsible for and shall have exclusive control over the content of the Programs. 5. In producing the Programs, the City agrees to provide the League with the use of the City's programming facilities and equipment and to provide technical assistance from -2of5- the City staff, which facilities and equipment shall at all times be under the exclusive control of the City and its employees. 6. The Programs shall be considered the sole property of the City; provided, however, that the League shall have the right to use videotapes of the Programs for its own purposes of educating and informing the public. The League shall not air or cablecast any of the videotapes of the Programs on any other cable or broadcast channel or in any way sell or market the videotapes of the Programs without the prior written consent of the City. 7. In participating in the production of each of the Programs, the League shall at all times comply with the Guidelines for Programming, as now existing or as hereinafter amended, and with all federal, state and local laws and regulations regarding the production and cablecasting of programs over cable television channels. The City reserves the right, in its sole discretion, to refuse to cablecast, to delete any portion of a cablecast, or to terminate the cablecast of any of the Programs which are in violation of the Guidelines for Programming, as now existing or as hereinafter amended, or of any federal, state or local laws and regulations. 8. At the beginning of the cablecast of each of the Programs, it shall be stated, in some manner acceptable to the City, that the views expressed on the Program are solely those of the participants and do not necessarily reflect the views of City Cable 27 or the City. 9. The League agrees to indemnify the City, in an amount not to exceed the total value of the League's total current assets, valued as of the date on which the indemnification shall have been sought, against any and all liability for all damages, costs, losses and expenses, including attorneys' fees, resulting from or arising out of the gross negligence of the League or its agents, officers, directors, members and successors while participating in the production and cablecasting of the Programs. 10. It is expressly understood and agreed by and between the parties hereto that this Agreement shall be governed by and its terms construed under the laws of the State of Colorado. 11. This Agreement shall be construed according to its fair meaning and as if prepared by both the parties hereto and shall be deemed to be and contain the entire understanding of the agreement between the parties hereto. There shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, expressed or implied, concerning this Agreement unless set forth in writing and signed by both of the parties hereto. 12. In administrating this Agreement, the parties agree to designate a representative from each of their organizations to be responsible for the day-to-day administration of this Agreement. The City's representative shall be Michael Gitter, Cable TV Program Director, -3of5- whose address is 215 N. Mason Street, Fort Collins, CO 80522 and telephone number is (970) 221-6882. The League's representative shall be Beverly Schmitt, whose address is 720 Gilgalad Way, Fort Collins Colorado 80526 and telephone number is (970) 482-9758. Either party may change its designated representative upon giving written notice to the other party as provided in paragraph 13, below. 13. Whenever written notice is required or permitted to be given hereunder by one party to the other, it shall be given effect by hand delivery or by mailing the same by certified mail, return receipt requested, to the party to whom given. Notices shall be addressed as follows: If to the City: Michael Gitter, Cable TV Program Director City of Fort Collins 215 N. Mason Street P.O. Box 580 Ft. Collins, CO 80522 with a copy to: Director of Purchasing and Risk Management City of Fort Collins 215 N. Mason Street P.O. Box 580 Ft. Collins, CO 80522 If to the League: Beverly Schmitt 720 Gilgalad Way Fort Collins, CO. 80526 -4of5- with a copy to: Linda Mahan 708 Birky Place Fort Collins CO, 80526 14. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. -5of5- IN WITNESS WHEREOF, this Agreement has been executed the day and year first above written. APPRO D AS TO FORM: IJU Assistant City Attorney ATTEST: Beverly Schmit Member of CrossCurrents Team THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation BY: Qaa, . I-., v., John Fi ach, bty Manager BY: Jaqies P. O'Neill, I14, CPPO Di or of Purchasing and Risk Management THE LEAGUE OF WOMEN VOTERS OF LARIMER COUNTY, a Colorado non-profit corporation By: Linda Mahan Principal Spokesperson of the Administrative Team -6of5- EXHIBIT A GUIDELINES FOR PROGRAMMING AND OPERATIONAL PROCEDURES FOR CITY CABLE 27 CITY OF FORT COLLINS 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 2 • 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. 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 W 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 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.