HomeMy WebLinkAboutFORT COLLINS PUBLIC ACCESS NETWORK - CONTRACT - RFP - 7379 PUBLIC ACCESS CHANNEL MANAGEMENTSERVICES 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 Fort Collins Public Access Network (FCPAN), hereinafter referred
to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in
accordance with the scope of services attached hereto as Exhibit "A", consisting of eleven (11)
pages and incorporated herein by this reference.
2. Contract Period. This Agreement shall commence July 1, 2012, and shall
continue in full force and effect until June 30, 2013, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed four (4) additional one year periods. Renewals shall be
negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the
Service Provider and mailed no later than ninety (90) days prior to contract end.
3. 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.
4. 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)
Service Provider plans to continue with a community focused, all-inclusive approach to running
a Community Media Center. This approach includes facilitating and expanding Service
Provider's equipment check out program through which all residents of Fort Collins can train on
our equipment and check it out for non-commercial video production. This work is what
becomes the Channel 97 programming. Service Provider has expanded this training and
outreach program to include classes given within the Recreator course catalog. This summer
will mark the launch of Service Provider's first teen -level Intermediate Film Makers Workshop
offered through the Fort Collins Recreator. Service Provider has expanded their website and is
adding interactive sections to facilitate real-time discussion boards. Service Provider's monthly
newsletter is sent to over 300 viewers and volunteers. Service Provider also sends updates and
timely announcements.
With the ability to move into the Carnegie Building, Service Provider will generate more
revenue that will make it possible to stay true to the non-profit model the original founders set
out to accomplish. Service Provider looks forward to securing grants and growing our revenue
base to allow for hiring an Executive Director under the guidelines set forth in the Bylaws of the
Service Provider. Service Provider has begun enriching and enlarging their educational training
capacities to posting equipment training videos on their new and improved website. Service
Provider envisions the Carnegie Building will provide space to continue to expand their work
through multimedia classrooms, editing bay space, lighting, editing, and video enhancement
classes and video camps.
Anticipated interaction with the City
• New interactions are to include:
o Presenting station updates to City Council on a regular basis
o Continue an open door policy and transparent records
o Be available to collaborate in renegotiating the Comcast franchise agreement
with the City
o Work closely with City staff in transition of Service Provider camera and
broadcasting equipment to the Carnegie building.
Management of Dedicated Cable Television Channel and Operate a Community Center
Channel 97's programming includes, but is not limited to locally -produced:
• News and informational programs including: The Tim Caffrey Show, Genealogy Quest,
Recycle it Right, Alternative Energy by Nicola Tesla, and discussion of proposed local
legislation.
• Musical productions of the Fort Collins music scene, including local Kinard School Band,
local musicians at local music venues, FOCO MX, and Lincoln Middle School band.
• Religious programming such as The Way, the Truth and the Life, Words of Peace and
Moment to Moment.
• Local events such as keynote speakers at the Rocky Mountain Sustainable Living Fair,
speakers of note that have come to Fort Collins such as Amy Goodman, the Windsor
Tornado, and Occupy Fort Collins.
• Local non-profit organizations such as The League of Women Voters, Coloradoans
Against Resource Destruction
• Performance, art and acting events such as Zombie Crawl, local actors' videos, Tri
Media Film Festival
Service Provider's Board of Directors is committed to operating a successful community media
center. Service Provider is collaborating and planning with the other PEG entities to innovate
new and even more inclusive uses for their equipment and studio spaces. Service Provider
looks forward to plan and collaborate to create a central, more permanent educational video and
TV production studio and editing space, accessible to all of Fort Collins citizens.
Providing Fort Collins CWmens Access to Community Media
Service Provider will continue acting for the public good by educating the public about public
access television and supporting the development of local, grassroots television and film
productions through ongoing training and education programs. Service Provider has also
created a station which is accessible and inclusive of all of Fort Collins citizens. This obligation
is met through their non-discrimination clause found within their Bylaws and also through the
everyday practices and public accessibility to all Service Provider programs, trainings, events,
etc.
These actions include, but are not limited to:
• Service Provider regularly offers training on video production equipment including
camera operation and video editing. (Service Provider's equipment is funded by
Comcast PEG funds and is owned by the City of Fort Collins).
• Service Provider's Board of Directors holds open monthly meetings at which Fort Collins
residents may attend, interact with the board and learn about Service Provider's
activities.
• Service Provider hosts speakers and informational programs about the art of
videography, script writing, video funding and other subjects relevant to the business of
public access television.
• Service Provider maintains an interactive web presence at www.fcoan.orn on which
Service Provider's schedule, class listing, and video work is posted. The public can
email and ask questions about Service Provider's activities.
• Service Provider annually assists the Sustainable Living Association (SLA) at its
Sustainable Living Fair by filming their keynote speakers and providing DVDs of those
speeches for the SLA's library.
• Service Provider facilitates the work of numerous non -profits through collaboration in
production of their videos. Service Provider's support of these efforts includes training in
use of cameras, lighting and editing software.
Making Equipment Available for Public Use
It is Service Provider's firm belief that all citizens of Fort Collins should have access to quality,
well -maintained, up -to date equipment. To this end, during Service Provider's tenure in
managing the public access equipment, extensive set of procedures was designed for
facilitating public use while providing accountability. All of this is delineated in the Service
Provider's Policies and Procedures which every volunteer is trained on prior to checking out
equipment. It is Service Provider's intention to continue this successful program.
In managing the equipment, Service Provider has:
• Created an Equipment Designee position charged with maintaining, inventorying, and
tracking the movement and scheduling of equipment.
• Kept equipment in a locked room, with the result that no video equipment has gone
unaccounted for.
• Kept equipment costs low by researching and selecting quality and appropriate
equipment, and which has remained useful and relevant over a long period of time. This
research has involved consultation with appropriate experts and companies, trying
samples and attending trade shows.
• Trained the community in proper equipment use and require course completion prior to
equipment check-out.
Contact Person
Board President, Shannell Sedgwick is the point of contact for this agreement, 949-300-9396,
shannellsterna.vahoo.com .
Personnel
The current Channel 97 management contract between the City of fort Collins does not include
any monetary support from the City of Fort Collins to Service Provider to operate Channel 97.
Therefore, Service Provider is currently an all -volunteer organization and does not have any
paid staff. The only funds given to Service Provider are from Comcast and they are dedicated
to purchase of equipment only.
Supervisory Personnel
Current board members have a broad base of experience and talents and each specializes and
collaborates to provide technical and creative services including: programming, video
production, web maintenance, volunteer coordination, public relations, class instruction, etc.
The following supervisory roles have been defined and their descriptions are found in the
Service Provider By -Laws and/or the Service Provider's Policies and Procedures.
• Board President
• Treasurer
• Secretary
• Program Director
• Equipment Designee
• Volunteer Coordinator
• Program Producer
Organization Chart/Proposed Project Team
City d Fat Collins
City Council
CAyd Fod Collins Channel 14
Liaison -Carson Hamlin
'CPAN Bard of finders
Shanndl Sedgwick
David Matheson
Alexis Hmidak
Tim Caffrey
Tim Hall
Chds Winslow
EddeArthur
- - - - -r Executive
Director
T
Vslurdver Rw000d pad ape
Programming nFaiMdng Issswed
Dinstsr Equipmerd Trainee
David Designee David Matheson
Methesan Chds Winslav Chris Winslow
Alexis Hmidak
Volunteers
As mentioned above, Service Provider currently is an all -volunteer organization and has no paid
staff or subcontractors.
2012 Work Plan for the
Fort Collins Public Access Network (FCPAN), Channel 97
Our Mission
The Fort Collins Public Access Network, FCPAN will operate in the public interest by
encouraging participation in civic life as well as fostering artistic and cultural expression. The
Network will also facilitate better communication between non-profit organizations and the
community they serve. FCPAN will energetically support all individuals as they explore their
creativity and public discourse through the medium of public access television. To this end,
FCPAN will educate the public about public access television and support the development of
local, grassroots television and film productions through ongoing training and education
programs. The Network will also serve as a balancing faction for the corporate presence in the
media.
As per the guidelines set forth in Section 15.1 the following is the FCPAN Work Plan 2012:
A. Anticipated hours of locally produced programming:
a. Currently, FCPAN airs approximately 22 hours of locally produced programming per
week, up from only apx 15 hours per week in 2010. Our target is an increase from
about 4 hours of first time showings per week to at least 10 hours per week of first
run, locally produced programming.
B. Statement of Programming Goals:
a. Increase viewership
i. Streamline and make institute a more efficient and standardized system
for programming; including the purchase and training on a new program
server in collaboration with Channel 14.
ii. Launch our new FCPAN website to include; streaming and hosting of
video content, membership/volunteer sign -in, posting on on -air calendar
and announcements of upcoming shows and projects.
iii. Separate the positions of Equipment Director and Programming Director
to allow for more development in each area.
iv. Production quality issues will be readdressed in trainings and equipment
updating purchases to ensure local productions are of the highest quality.
b. Facilitate increased public access programming
i. Increase the number of hours of new locally produced programming per
month.
A. Through revised curriculum and training programs including
inviting local professionals to present curriculum ideas generated
from volunteers' and viewers' survey monkey results.
B. Through increased number and diversity of training topics offered.
C. Through developing a system by which the new producer has
access to a mentor who can assist with the original filming, the
editing process, and submission process for a final production.
C. Training Classes:
a. Camera and/or Editing Training will be offered monthly.
b. Additional editing assistance will continue to be offered as needed and at the
level of the participant's needs.
c. Training classes will be taught by professionals from the community as well as
FCPAN trainers.
d. We will offer an FCPAN Summer Camp 2012 for 13-16 year olds in partnership
with the Recreator and City of Fort Collins.
D. Planned Outreach and Promotional Activities:
a. We will present public Volunteer Outreach Meetings with relevant speakers, 4
times per year.
b. We will hold an annual Open House at our office space.
c. We film and/or are involved in the following Fort Collins local, public events:
i. Rocky Mountain Sustainable Living Fair 2012
ii. Trimedia Film Festival Sponsorship
iii. Inclusion in the annual Coloradoan/United Way Volunteer Organization
Guide
iv. Included on the free Fort Collins Map
v. League of Women voters filming speaker projects throughout the year.
d. We will continue to foster our collaborative partnerships with other Non -profits
and Public, Educational and Governmental (PEG) entities for work on projects
that will benefit the entire community.
e. We will offer a Summer Camp for Teens through a partnership with the
Recreator.
f. We are developing a fundraising event.
E. Measurable Goal and Objectives:
a. Increase FCPAN revenue
i. Establish partnerships with other local organizations.
ii. Further increase attendees at FCPAN trainings.
iii. Provide a donation link on our website and track donations levels.
iv. Obtain grant to supplement our operating costs budget for 2012, to
include the development and facilitation of a Community Media Center.
v. Utilize internship workers from the Larimer County Work Force and CSU
where applicable.
F. Income and Fundraising Development Plan:
a. Continue towards the goal of substantial operations grant.
b. Prioritize projects by income/donation potential
c. Create a fundraiser event and underwriting campaign 2012
d. Increase the attendance and frequency of training opportunities
e. Audit the annual equipment usage fee
G. Audited Financial Statement:
a. This was conducted in December 2009.
As per guidelines set in 15.4, the following is the
FCPAN Annual Year -End Report for 2011
Year End Summary:
The year 2011 has been a year of continued growth and modernization for FCPAN. We hired
and retained a website designer who will continue his work in phases to provide FCPAN with a
modern, relevant, and functional new website. The Board of Directors instituted organizational
changes including the retirement of three exceptional board members and the addition of
meeting norms agreed upon and adopted this year. Financially, FCPAN met all of their financial
needs and enters 2012 with an operating budget savings. FCPAN has retained services of local
individuals for help generating grant writing opportunities and treasury assistance. FCPAN
increased the use of office hours and equipment through hosting our first intern from the Larimer
County Work Force program who successfully completed her internship.
Board of Directors as of December. 2011:
President: Shannell Sedgwick
Vice President: David Matheson
Secretary: Alexis Hmielak
Program Director: David Matheson
Treasurer: Pam Stevens/Shannell Sedgwick
Board Changes during the Year 2010:
Joining the Board of Directors was Kevin Caffrey and Eddie Arthur.
Resigning the board was Kevin Caffrey.
Training Classes:
This year included more trainings offered to the public. FCPAN offered apx one camera class
per month, with some months including camera trainings as well as editing trainings. This is up
from just over three camera trainings last year. We also continued to revise the curriculum
presented and make adjustments as per the requests of our volunteers needs. We have offered
basic camera trainings specific to organizations for example the Poudre River Library sent some
employees to be trained through FCPAN.
Our training program has been the majority of the income base for paying our operating costs
this year. All trainings were provided by either FCPAN Board members or local community
professionals who have donated their time to FCPAN.
Program Production Hours and Equipment Usage:
One of our goals for 2011 was to first, increase the number of hours that our office space was
open and second, increase the amount of usage of the,space (for production and editing ) and
the usage of equipment. We met the goal of increased usage or both the office editing bays
and the frequency of equipment checkout. We were also able to keep the office open for longer
and more numerous hours due to an increased commitment by the Board, by dedicated
volunteers, and through the work of our LCWF Center intern. Lastly, we also increased the
amount of production happening in our building even without a proper studio space. We
currently have three local shows being filmed and produced within our office space.
FCPAN is known for its diverse, local programming and 2011 was no exception. 2011 saw
steady growth in the amount of original, local programming aired on the station. FCPAN still
sees approximately 4-8 hours of new local programming a month. Programs airing this year
included but not limited to:
Music
Fort Collins music scene with Glover
Trucker
Fort Collins Music Scene with Away from
Nothing
The Hollyfields music video
The Kinard House Band
JPeace Day Celebration
Songbirds Girl Scouts choir
FOCO MX The Acidophiles
FOCO MX Widows Bane
FOCO MX 2011 The Atoll
FOCO MX 2011 Jon Snodgrass
FOCO MX Ghost in the Machine
Kids Create the Music
Local Events
210 million tons
St. Patrick's day 2011
Zombie Crawl revised
Inclusion Community and Irving
Genealogy Quest April 2011
Sports
The Rough TV episodes 3-13
Current Local Events
The Tim Caffrey Show with David Cobb
The Tim Caffrey Show with Kathy Gilliland
The Tim Caffrey Show Unemployed in
Colorado
The Tim Caffrey Show with Senator
Schaffer
The Tim Caffrey Show Outsourcing
Colorado Jobs
A Race to the Bottom
What Story Would You Tell?
Garbage Garage
Community Capital
Reinventing Fort Collins
Dr. Flowers Health Discussion
Amy Goodman March 2011 Boulder
Colorado
Occupy Fort Collins
The Affordable Care Act
Other Misc. Local Shows
Genealogy Quest Spet 2011
Genealogy Quest ep 9 Wills and Probate
Records
Studio ATrain part 2
Genealogy Quest July 2011
Recreator Action Camp Teen Production
Costa Rican Traveler
Trees, Water, People
Veteran Print Project
SLF 2010 Doug Fine
SLF 2010 Harnessing Wind Power
SLF 2011 Lori Ryker
SLF 2011 Growing 101: Soils and Compost
SLF 2011 How Many Can Fit in a Car
Perseid Meteor Shower
Included with this report please find the Office Usage, Equipment Usage, and Editing Bay
Usage reports for the year 2011. The hours catalogued within these charts are taken from
Office sign -in sheets and therefore are likely to be understated.
Some local programming highlights in the 2011 programming schedule were:
Programming Achievements:
• Filmed, edited, and aired panels and guest speakers on the topic of heath care reform
sponsored by the League of Women Voters, or the Health Care Action Team
• Filmed, edited, and aired all keynote speakers and five workshops from the 2011 Rocky
Mountain Sustainable Living Fair.
• FCPAN is the only TV station in northern Colorado to run Democracy Now and Thom
Hartmann, twice a day.
• We aired several teen music programs produced by a local community member.
• This year included the airing of two locally produced segment shows featuring local
politicians and prominent professionals from Fort Collins.
• Many speaker and music events around Fort Collins were filmed, edited, and aired
including Beet Street sponsored events.
• Our volunteers filmed and aired talk shows featured on KRFC Radio Station.
• We aired locally produced, grassroots current event shows about several political events
that took place in 2011.
We continued our full sponsorship with the Rocky Mountain Sustainable Living Fair Association
and coordinated all filming of the 2011 Fair.
We were sponsors of the TriMedia Film Festival 2011.
In 2011 we purchased several new items including another Mac computer and Final Cut Pro
editing station, new updated editing software, and have saved money for capital purchases in
our PEG fund in anticipation of the move to a new studio space in the Carnegie Building.
Public Outreach Goals and Partnerships:
FCPAN continued to partner with organizations and businesses all over Fort Collins. New
partnerships included work with Turning Points, Beet Street, NoCoLink, CANetwork, and
Geneology Quest. Continuing and expanding relationships included work with League of
Women Voters, United Way, Tri-Media Film Festival, Rocky Mountain Sustainable Living Fair,
ATrain, the Recreator and City of Fort Collins, and CAN.
A new partnership this year was with the Larimer County WorkForce Center by which we
retained our first paid intern. She continued her work in TV production, runs her own production
company, and remains a valuable volunteer for FCPAN. Another community member who
trained on cameras and editing at FCPAN went on to write and get grant funding for his
community film project.
Financial Information:
The FCPAN finances are all processed through Quickbooks.
The 2011 Financial Document is attached.
Services Agreement
7379 Public Access Channel Management Page 18 of 18
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:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
fort Collins Public Access
Attn: Purchasing
Attn: Carson Hamlin, Cable
Network (FCPAN)
PO Box 580
Television Manager
200 W. Mountain Ave.
Fort Collins, CO 80522
PO Box 580
Fort Collins, CO 80521
Fort Collins, CO 80622
Attn: Shanneli Sedgwick,
Board President
shannellsterPyahoo.com
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
Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
5. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit "A",
consisting of thirteen (13) pages, and incorporated herein by this reference.
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 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 nonconformances, 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 speck
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 party's reasonable attorney fees and
costs incurred because of the default.
13. Bindinq 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 Agreement of the type and with the limits specified within Exhibit
(Not Applicable), consisting of one (1) page, 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. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created
in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland Security
(the "e-Verify Program") or the Department Program (the "Department Program"), an
employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in
order to confirm the employment eligibility of all newly hired employees to perform work under
this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall not terminate
the contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with
an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), G.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider
violates this provision of this Agreement and the City terminates the Agreement for such breach.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James�O'Neill II, CPPO, FNIGP
Directorl P rchasing and Risk Management
Date:
ATTEST:
(Ia"-
City Cv
AS
Assistant
Fort Collins Public Access Network (FCPAN)
Rv-
ATTEST:
CORPORATE SECRETARY
=NT
EXHIBIT A
SCOPE OF WORK
In accordance with the franchise agreement between the City of Fort Collins and Comcast
Cable, the City of Fort Collins is required to provide Public Access television for the community.
The Service Provider is responsible for managing a dedicated cable television channel for the
sole purpose of providing citizens of Fort Collins a means to communicate ideas and information
to the community. The City of Fort Collins purchased and provides maintenance of production
equipment to be used for Public Access and provides basic equipment training to the Service
Provider.
In order to develop a working relationship with Service Provider, the following guidelines and
responsibilities must be adhered to.
The City will make all the Public Access Equipment (see Appendix A, attached) available for use
during the tern of the contract which includes all equipment necessary for production,
broadcast, and training services. All equipment is owned by the City and will be kept in good
working order by the Service Provider.
Service Provider needs to have technical expertise in operating broadcast video equipment and
manage playback and scheduling of Public Access programming. Service Provider will also be
required to run and operate a community media center and be responsible for ongoing
operational costs of the center.
An Annual Work Plan will be submitted by the Service Provider and should include the following;
number of hours of locally produced first run programming, statement of programming goals,
training classes offered, planned outreach and promotional activities, measurable goals and
objectives, fundraising and implementation goals and audited financial statements.
In addition, regular performance reports are required and an Annual Report listing the Board of
Directors, lists of programs, equipment usage, public outreach goals and partnerships, and
financial documents.
Appendix A:
City Equipment Used by Public Access
Quanti
CAMERAS
Panasonic PV-GS320 Camcorders
2
Panasonic AG-DVX100B video camera
2
Panasonic PV-GS29 Mini DV Camera
2
Panasonic HPX-250P
2
CAMERA ACCESSORIES
Manfrotto 503 tripod head
1
Manfrotto 501 tripod head
Manfrotto 351MVB tripod
3
Bogen tripod bag
3
3182 Manfrotto Video tripod
1
Petrol PEPCC82NK2 Camcorder bag
1
Petrol PCCB Camcorder bag
1
Panasonic CGAD 54 Battery Pack
2
MICROPHONES
Rode NTG-2 Condenser shotgun microphone
2
Shure SM-57 Microphone
2
Tram TR50 Microphone
1
Sennheiser EW100 Wireless Microphones
4
Sennheiser SKP100 (Microphone?)
1
Audio Technica AEW-T4100D Hand Held
Microphone
1
Electro Voice RE 20 Microphone
1
Sennheiser ME66 Shotgun Microphone
1
Azden 100UPR Wireless mic system
2
Audio Technica Pro 37 microphone
2
MICROPHONES ACCESSORIES
RDSM3-Rode SM3 Shock Mount for Audio Mic
1
MS7701 B Euro Boom Mic Attachment
2
DS-5 Desktop Microphone stands
2
Rode Adjustable Shock Mount
1
R cote Softie
1
AKG Table Mounted Scissor Stand
1
Stage master boom microphone stands
3
COMPUTERS
View Sonics VP 225OWP Computer Monitors
2
MAC Pro Tower Serial # G88254LCXYL
1
MAC Pro Tower
1
FS-5 Focus Enhancements 10OGB Hard Drives
2
APCBR900 UPS Backup System
1
Dell Ins iron 530 PC
1
Dell T-3500
1
MISCELLANEOUS
MAMR 5 Mackie Studio Montors
4
Lowel Omni Light kits
2
Behrin er XENYX 802 Mixer
1
Sony MDR 7506 Headphones
2
Audio Technica ATH-M20 Headphones
2
Panasonic AG-DV2500 Video Tape Recorder
1
Future Work Plan
Service Provider's proposed approach for the future is mapped out annually during their
January Retreat in which the Board of Directors meets for a day -long brainstorming and
planning session. The results of this year's retreat were captured in the Work Plan submitted to
the City Council in January 2012 (See attached Appendix B; consisting of seven (7) pages,
attached hereto and incorporated herein by this reference).