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HomeMy WebLinkAboutRESPONSE - RFP - 7379 PUBLIC ACCESS CHANNEL MANAGEMENTFort Collins Public Access Network Proposal June 1,2012 Proposal for 7379 Public Access Channel Management Submitted by Fort Collins Public Access Network (FCPAN) June 1. 2012 Executive Summary Fort Collins Public Access Network FCPAN is highly motivated to continue providing quality public access television to the City of Fort Collins in a seamless transition to a new contract. We feel we are uniquely qualified to best serve the citizens of Fort Collins in this role. The Scope of Work in RFP 7379 delineates the following requirements to qualify a bidder for award of this contract. FCPAN has demonstrated, through an 8 year track record, that it meets these requirements. • Operating and managing a successful public access channel • Performing public outreach and inclusion of Fort Collins citizens • Being a 501(c)(3) non-profit organization • Using technical expertise to operate broadcast video equipment • Managing playback and scheduling of broadcast content • Operating a community media center FCPAN has been managing and operating the Comcast public access channel 97 (previously Channel 22) since 2004 as a non-profit corporation with 501(c)3 status. FCPAN has also demonstrated its technical expertise in operating broadcast video equipment and in managing scheduling and playback of public programming. FCPAN has operated a community media center where equipment and training are provided. With respect to public outreach, we have hosted educational events and training classes almost monthly for over 8 years. FCPAN has collaborated with hundreds of organizations and citizen groups in Fort Collins. We have created an extensive list of dedicated volunteers. Some of our past trainees and interns have gone on to start local production companies, larger production companies, and some have acquired employment in the video production field. We are proud to state that our past interns and trainees develop a relationship with the station and still continue to contribute to the Fort Collins community through assistance with FCPAN projects. FCPAN has a vision for the future in addition to having a solid track record from the past. We envision a true collaborative community media center in the Carnegie Building where arts events and civic events alike are captured with high production values and made available to the community via both the cable channel and the internet. We see Fort Collins citizens leading their peers worldwide in their access to quality equipment, skills and techniques, with their videos showcased to potential collaborators locally via Channel 97 and worldwide via YouTube. An FCPAN community media center will serve as the catalyst. As Thomas Jefferson said, "Educate and inform the whole mass of the people... They are the only sure reliance for the preservation of our liberty." FCPAN puts the power of the media into public hands. Scope of Work from City of Fort Collins Note: The City of Fort Collins RFP text is in bold type throughout this document. Fort Collins Public Access Network Proposal June 1,2012 Founder, NoCoProgressives, LLC, works at Annheiser Busch FCPAN Experience o He trained at FCPAN and is now the Executive Producer of The Tim Caffrey Show, o Perform numerous administrative and clerical functions at FCPAN. Tim Hall- Board Member At -Large Current Employment Small business owner. Past Employment Worked 20 years in the high tech field, as physical chip designer. FCPAN Experience o Newest Board member who aspires to be on the marketing/grant committee. o He was trained at FCPAN and has produced three videos with plans to do documentary on hybrid engine technology this summer. Would also like to do a video on how buying local greatly improves our economy. o Has secured a grant from Intel paid to FCPAN for his volunteer work at FCPAN. o He volunteers for weekly office hours at the FCPAN office. References References for each of the above volunteer non -employees will be supplied upon request. PROPOSAL SUBMITTAL REQUIREMENTS 5: Organization Chart/Proposed Project Team An organization chart containing the names of all key personnel and subcontractors with titles and their specific task assignment for this contract shall be provided in this section. NOTE: Any Personnel Changes within the awarded Contract will need to be approved by the City of Fort Collins Project Manager. 10 Programming Director David Matheson Fort Collins Public Access Network Proposal June 1, 2012 C ity of Fort Collins City Council FCPAN Board of Directors. Shannell Sedguvick David Matheson Alexis Hmielak Tim Caffrey Tim Hall Chris Winslow Eddie Arlhur Equipment Designee Chris Winslow volunteers volunteer Trainers David Matheson Chris Winslow Alexis Hmielak —� Executive- ,Director.i ' t Proposed paid position wlieniunding issewred As mentioned above, FCPAN currently is an all -volunteer organization and has no paid staff or subcontractors. PROPOSAL SUBMITTAL REQUIREMENTS 6: Availability: Describe the availability of project personnel to participate in this project in the context of the group's other commitments. FCPAN Board Members have each volunteered approximately 10-20 hours per month over the past' eight years working in different capacities which serves as a track record of the past availability of the proposed project personnel. The current FCPAN Board of Directors has committed to maintaining and securing this same level of availability as we go forward. Prior to being nominated for election, the FCPAN Board of Directors commit to serving a term of: two years, renewable for another two years. /After being nominated for a Board position each board member fills out an application that details their level of commitment and their assumed obligations. The application process ensures the successful operation of Channel 97 in compliance with its contract 11 Fort Collins Public Access Network Proposal June 1,2012 with the City of Fort Collins and public interest. This process and the appropriate documents are posted at www.fci)an.org. . • The Board meets monthly. The FCPAN Board of Directors also convenes and directs various subcommittees that meet as needed such as: programming; underwriting; public relations, etc. Operational duties are carried out on a timely basis by the following board members: program manager, equipment designee, volunteer supervisor, class instructors, public relations (including website and newsletter), sale of underwriting slots, creative direction, technical expertise. PROPOSAL SUBMITTAL REQUIREMENTS 7. Motivation: Describe why your group is interested The Board members of FCPAN are passionate and committed to public access television'. Many have worked . with public access television in other locations and bring their technical expertise and passion of public access television to FCPAN. FCPAN commends the City of Fort Collins in its forward -thinking support of its citizens and the community as a whole. FCPAN provides an avenue to reinforce the City's involvement with citizens by providing an avenue for the public to communicate their passions, ideas, and to inform each other about events in the community. FCPAN has a track record of successfully running Comcast Public Access Channel 97 and is eager to continue providing this valuable service./FCPAN is continually improving and expanding its programming, service to the community and, if awarded this contract, is excited to move into the Camegie Building as part of an innovative new Fort Collins arts and community media center. 12 List Of Attachments 1. Newspaper clipping 2. Promotional Brochure 3. Testimonials: Philip Maior, Crossroads Safehouse 4. Recreator course listing 5. FCPAN Work Plan 2012 6. FCPAN Operating Policies and Procedures 7. Bylaws of the Fort Collins Public Access Network Also included: Vendor Statement, signed Fort Collins Public Access Network Proposal June 1. 2012 13 s•ssssssssssssi►► 4ounderIrty o ntler =j Northern Colorado r� DT TCTX rp . �Meef 40 moversi and shakers m,Jl the area under + TT"70L''l NEWS Study finds rail service feasible Cost of Fort Collins, Pueblo system could reach $6 billion Page 2A Animal sanctuary faces tough times Fate of more than 150 animals hangs in funding balance Page 3A THE EDGE Desperately seeking gainful employment What job seekers do: the good, the bad and the totally outlandish Pape 11A Redevelopment of big empty boxes final goal By Kristen Tatti ktatti@ncbr.com FORT COLLINS — Persistent big -box vacancies along College Avenue and perpetually stalled EPA approves A,aril4nLiSe resin redevelopment of Foothills Mall led the city of Fort Collins to seek some outside help to plan a potential future for its Midtown Commercial Corridor.. The city opened up a request for proposals in late July seeking multidisciplinary teams to tackle a study of the area encompassed by Prospect and Harmony Roads on the north and south; and along College Avenue and the planned Mason Street trans- $1 Sept.11-24, 2009 Vol.14, No. 26 portation corridor. By the Aug. 12 prised by the turnout, having deadline, 18 redevelopment pro- anticipated about a dozen sub- posals for the MCC were submit- missions. He was also pleased by ted by teams of local and national the mix of firms, both their size firms. A short-list of contenders and location. was made in early September, and "I was familiar with at least the bid will be awarded by the end one or two firms in each group," of the month. The study is he said. approved for up to $200,000 and could be completed in about six City's goals outlined months. The RFP calls for a market h B' Jos r , the city s economrc:;,,, adviser and project lead, was sur-' ' . - See MIDTOWN, 33A 6A I The Northern Colorado www.ncbccom I Sept.11-24, 2009 Channel 97 gives Fort Collins public true access TV of the people, by the people, for the people By Kay Rios news@ncbr.corn "Public access" is more than just a label to Eddie Arthur. For the program director for Fort Collins Public Access Network Channel 97, it must be a true description of what's on TV. "I lived in Manhattan for a couple of years and the public -access stations were fantastic," recalls Arthur, who also owns The Computer Guy. "It reflected what was going on locally and provided a variety of opportunities for everyone who lived there. That's the model I brought to FCPAN. I want to give as much access as possible to the whole community." The organization was formed in 2004 but only after the local cable franchise was renewed with Comcast in 2006 did it become the city of Fort Collins' offi- cial public -access provider. Requirements built into agreements between Comcast and the city required a fee — the Public, Educational and Governmental access fee or PEG — be levied on subscribers. In return, Comcast provides the public access to See CHANNEL 97, 36A Arista Wand, Northern Colorado Bwiness Report CHANNEL SURFERS — The crew that helps put the public back into public access TV at Channel 97, from left, Volunteer Director Shannell Sedgwick; Treasurer Pam Stevens; President Eddie Arthur; and Vice President Robert 0verbeck. 000900000*440***0000004900*40*000000 CHANNEL 97, from 6A broadcasting equipment and covers other capital costs. That's how Channel 22 was born and, a year and a half ago, it became Channel 97. Channel 97's funding comes primari- ly from PEG monies and donations but, according to Arthur, "we're looking for new avenues of funding. The city has been incredibly supportive and has pro- vided us with shared space (in the city's Channel 14 studios). But, eventually, we'd like to have our own studio space and offices so we can provide more. We'd also like to be able to have a couple of paid staff members on board. Right now, everyone is a volunteer." Eliminating barriers The effort is also about eliminating barriers for community members and organizations whose messages may oth- erwise not be heard. There is a standing invitation to anyone who has something to say regardless of politics, popularity or likeability. Nonprofits may submit public service announcements about upcoming events and local independent filmmakers can submit their work, whether it's a video about a local musician, a guest speaker at an event, a poetry reading, or even ordi- nary citizens. There is no time limit for the videos that Channel 97 will run as long as the films are non-commercial. The only stipulation is that it be about Fort Collins. (Actual guidelines are avail- able at www.fcpan.org). Artwork is also welcome, Arthur said, as is poetry and prose, and Channel 97 will be filming some of the upcoming Tri-Media Film Festival. "It'sa fantastic opportunity with so much potential," he added. "There are just so many great things you can do." It offers viewers an alternative as well as an outlet for alternative views, which are often overlooked."TV is such a wasteland," Arthur said. "I feel it's my duty to put cam- eras in people's hands and let them tell - their own stories. We have so much diver- sity here and we'd really like to do more 'soapboxes. We'll just film you yapping." Such opinion pieces do have to be short, however — between three and five minutes. Channel 97 also offers exposure for local nonprofits, Arthur said. "If they have videos of their activities or just want to show off the organization, we have lots of room for that. We can also help them create those videos very easily." And it's cheap. "On a small scale, we have been selling our service to produce videos and we can do that at a fairly inexpensive price and then they have something they can use anywhere," he added, which provides another small income stream. For a $40 fee, nonprofits can be trained to use the camera and edit the video: They then have access to the equipment for a full year. In lieu of the fee, interested par- ties can receive training if they agree to film two events and volunteer for an addi- tional ten hours beyond that. Local content joins Channel 97's line- up of regular shows. For example, Democracy Now airs every weekday, live at 6 a.m. and repeated at 10 p.m. GRIT tv, a one -hour news and arts discussion show with Laura Flanders, can be seen most days also in two different time slots. The Petting Zoo: The Curious, the Rare, the Avant Garde runs from mid- night to dawn, and a variety of other shows air through the week with listings on the web site. Creative Commons "With the changing copyright land- scape, there's a growing variety of con- tent available through Creative Commons licensing," Arthur explained. This allows entities such as Channel 97 the means to share, remix or use videos. "There's an incredible wealth of things to draw on if you are a program director. What I want to do is balance that with local material and that's my challenge. I'm looking for more local input." He's also looking for more volunteers. "We fight for volunteers," he said. "The lesson I learned is that volunteers don't always just come to you. You have to be out there looking for them. We need people to staff our booths at events, to learn how to train. We've got some great opportunities here for them and it's really a lot of fun." Arthur, who has a longtime involve- ment with local media — including KRFC radio and The Bullhorn weekly newspaper — has been with Channel 97 since 2006. "I came to a meeting and they were looking for help so I jumped in: As usual, I ended up putting in more time than I planned, but I love it." MOST EFFECTIVE AND LARGEST NATIONAL PLATFORM DRIVES EXECUTION IN EVERY MARKET Marcus & Millichap has the indusrry's largest inventory of investment real estate, the lugesr sales force and dother closes more transactions annually than any oer firm. No firm can match our ability to move capital across the country and property types, making a market for our investors one transaction at a time. Our national reach is second to none - giving you, our clients, the Marcus & Millichap Advantage with every assignment. - Jason Ortiz Retail To access the investment market, contact one of our Fort Collins investment professionals below. Robit Mukberjee Man Raff Scott Peterson Doug'faub Markus Praa Single -Tenant Net-1,e se/Retad Multi -Family Office/Industrial - Medical Office/Seniors Housing Land Offices Nationwide Marcos & Millichap Fort Collins, CO • (970) 267-3300 Fort Collins Public Access Network RFP June 1, 2012 Testimonial Statement from Philip Maior, student in a Basic Camera Training Class; "I've been interested in community television since my coiiege days but never had the time to look into it till I retired a couple of years ago. I was looking for a way to participate with a local/national health pre nonprofit and offered to do some videotaping of their events. I recently attended camera and editing training at the FCPAN headquarters in Fort Collins. Both classes were held at convenient times and conducted by knowledgeable, articulate, patient trainers. The certification process gave me the confidence and skills necessary to take a camera out and road test it for a few hours. I was able to download editing software and became familiar with that process on my computer at my convenience. I think any novice interested in video production could benefit greatly from the training available at FCPAN." Fort Collins Public Access Network RFP err crossroads safehouse EUe, June 1, 2012 +1,1 4L4itlk ID4uj d),I adutd,JC.CI ,- t l VroIsSR 0,1, 2q%�, kdl�-(es') . L L - '/C LW-b � Vr kd � Y V-e d Soot oR ��1d ad p. 1is 1,, soRc, i, �J�� 8�1 1 ror� F-DT 1 Evl( �5 Gds�n c�lo m (lo% kot,3 joLA, JTA its inep k wkt.. 1 did dsl EDUCATION & ENRICHMENT / YOUTH & TELN CLASSES Build A Model Rocket Experience the thrill of launching your very own model rocket. We will learn all about rockets, how they fly and what happens during the flight. Then we will each build our very own rocket that we will launch at the end of the course. Best of all you get to keep the rocket. Grade: 1-8 SLocation: Northside Aztlan Center • Note: All supplies provided. Class not reducible. • 7/9-723 M 1:00-2:00 PM $54 35738-01 7/31-8/14 To 1:00-2:00 PM $54 35738-02 Build A Real Telescope sCome build your own telescope! Discover the basic principles of light and lenses. Learn about images and color. Best of all, build your very own, very cool working telescope that you get to keep and take • home! Grade: t-8 • Location: Northside Aztlan Center Note: All supplies provided. Class not reducible. S 7/14-728 Sa 10:00-11:00 AM $54 35739-01 • 8/3-8/17 F 10:00-11:00 AM $54 35739-02 Build A Flying Model Airplane Launch your airplanes and watch them soar! We will learn about aircraft and basic flight principles. Then we will experiment by building gliders and a rubber band powered, competition style model airplane! Grade: 1-8 Location: Northside Aztlan Center iNote: All supplies provided. Class not reducible. 7/11-725 W 10:00-11:00 AM $54 > 35740-01 • 82-8/16 Th 10:30-11:30 AM $54 35740-02 • Catapults & Trebuchets Build your catapult and knock down the castle walls! We will learn about energy and the laws of motion. Then we will build our very own gravity powered catapults and test their range, accuracy and ability to topple the castle walls. Grade: t-8 • Location: Northside Aztlan Center •Note: All supplies provided. Class not reducible. 7/13-727 F 10:30-11:30 AM $54 35741-01 8/1-8/15 W 10:30-11:30 AM $54 35741-02 Build A Crystal Radio Build a real working radio that requires NO batteries! We will learn . about radios and radio waves. We will experiment with antennas and tuned circuits. Then we will assemble all the pieces into a very cool radio set that you get to keep and take home. • Grade: 1-8 Location: Northside Aztlan Center 0 Note: All supplies provided. Class not discountable. • 7/10-724 Tu 1:00-2:00 PM $54 35742-01 7/30-8/13 M 1:00-2:00 PM $54 35742-02 a Radio Control Racing Car Club Experience the thrill of racing a radio control car with other drivers. We will learn how radio control cars work and how to drive them. Then we will each race three different styles of race car collecting points along the way to see who will be the Blue Shed racing champ! Grade: 3-8 Location: Northside Aztlan Center Note: Class not discountable. 6/18-622 M-F 10:30-11:30 AM $44 35743-01 625-629 M-F 10:30-11:30 AM $44 35743-02 7/12-726 Th 10:30-11:30 AM $44 35743-03 8/4-8/18 Sa 1:00-2:00 PM $44 35743-04 Food for life Nutrition Help your kids learn how to make meals that are healthy, colorful and fun! Each themed class includes: Bang up Breakfasts, In-betweener Meal and Sweet Deals, Rainbow Lunches and Diggin' these Dinners. All supplies provided. Age: 6-12 years Location: Northside Aztlan Center Note: Each student will receive his/her own program booklet, which includes activities, puzzles, recipes, and room for illustrations. The students will also receive some literature from PCRM including a bookmark and the Nutrition for Your Kids booklet. Please note any food allergies at the time of registration. 6/4-625 M 1:00-2:30 PM $60. 35748-01 7/11-8/1 W 3:30-5:00 PM $60 35748-02 Chessmates Chess Club Want to play the game that has been played through the centuries? CHESSI Come learn and play as Chessmates chess club comes to the Northside Aztlan Center. Learn the basics of moving pieces all the way to thinking many moves ahead! Be the master of En passant, Fianchetto and Zugzwang. Check out ChessmatesFC,com. Age: 7-18 years location: Northside Aztlan Center Note: All supplies provided. Class not discountable. 626-7/31 Tu 3:00-4:00 PM $44 35757-01 Intermediate Film Makers Workshop Lights! Camera! Action! This intermediate level workshop will focus on the art of filmmaking and help teens refine their skills. This workshop will cover how to script, storyboard, light a scene, shoot and edit your own film. Class held at Fort Collins Public Access Network, 200 W. Mountain, Suite B. Age: 12-17 years Location: 200 West Mountain, Suite B Note: Class fee includes the use of FCPAN camera and lighting kits, use of the FCPAN editing bays, and the annual Fort Collins Public Access Network, Channel 97, equipment usage fee. Please bring a lunch and snacks daily. 724-727 Tu-F 9:00 AM-4:00 PM $154 35759-01 Fort Collins Public Access Network Proposal June 1. 2012 The City of Fort Collins Communications & Public Involvement Office is soliciting proposals from community groups interested in managing and operating a working Public Access Channel for the City of Fort Collins. 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. To accomplish this, the City of Fort Collins has contracted with a local non-profit entity to provide these services. It is the City's desire to continue with this model for these services. The contracted entity 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 contractor. In order to develop a working relationship with your group, the following guidelines and responsibilities must be adhered to. The City of Fort Collins will make all the Public Access Equipment (see Appendix A, attached) available for use during the term of the contract which includes all equipment necessary for production, broadcast, and training services. All equipment is owned by the City of Fort Collins and will be kept in good working order by the contracted group. The City is seeking a qualified non-profit 501C-3 group that has experience in managing public access and a track record of public outreach and inclusion of Fort Collins citizens. The group needs to have technical expertise in operating broadcast video equipment and manage playback and scheduling of Public Access programming. The group 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 contracted group 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. PROPOSAL SUBMITTAL REQUIREMENTS: The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. In order to simplify the review process and maximize the degree of comparative analysis, the RFP Response should be organized in the following manner: PROPOSAL SUBMITTAL REQUIREMENTS 1: Methods and Approach Fort Collins Public Access Network Proposal June 1, 2012 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 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. Fort Collins Public Access Network Proposal June 1, 2012 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 Fort Collins Public Access Network Proposal June 1, 2012 e. Audit the annual equipment usage fee G. Audited Financial Statement: a. This was conducted in December 2009. La von coon' 3u 1mn, �b Fort Collins Public Access Network OPERATING POLICIES AND PROCEDURES Fort Collins Public Access Network (FCPAN) is authorized by the City of Fort Collins as a Designated Access Provider. FCPAN, operating in the public interest, will encourage participation in civic life; foster artistic and cultural expression; facilitate better communication between non-profit organizations and the community they serve; and energetically support all individuals as they explore their creativity and public discourse in the visual 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. 1.0 Definitions For the purpose of this document, 1.1 Program Provider is defined as anyone who meets the FCPAN eligibility requirements and submits programming made entirely without the use of FCPAN equipment. 1.2 FCPAN Producer is defined as anyone who meets FCPAN eligibility requirements and uses any FCPAN equipment in the development of programming for FCPAN. 1.3 Equipment Designee is defined as an FCPAN volunteer who has been approved by the FCPAN Board of Directors as being allowed to facilitate checkout of FCPAN equipment to other volunteers. 2.0 Eligibility 2.1 Residency shall be defined as having a verifiable Fort Collins residential mailing address or being an employee or agent of a non-profit community group or organization with offices located in Fort Collins. Current, full-time student status at an accredited educational institution located in Fort Collins will also satisfy the residency requirement. 2.2 Any Fort Collins resident, age 18 or older, may apply to become an FCPAN Producer. Residents under the age of 18 may also become an FCPAN Producers if a parent or legal guardian, who resides in Fort Collins, assumes legal responsibility. 2.3 FCPAN shall not discriminate against Program Providers or FCPAN Producer applicants on the basis of race, color, creed, national origin, sex, sexual orientation, religious belief, social philosophy, economic status or physical ability. 2.4 To become an FCPAN Producer, you must: • complete an FCPAN Producer application • pay the FCPAN Training/Equipment fee (outlined in Section4) • attend an introductory training class, and familiarize yourself with the "Operating Policies and Procedures." e The parent or legal guardian assuming responsibility on behalf of a minor Adopted 3/5/2012 applicant is also required to be familiar with the FCPAN "Operating Policies and Procedures." 2.5 FCPAN Producer status may be revoked if a provider: • uses FCPAN equipment or facilities without producing completed programs within one year, unless other arrangements are made with the FCPAN Board of Directors. • uses FCPAN equipment or facilities with the intent of producing a program of a commercial, profit -making nature • fails to follow policies and procedures to the detriment of FCPAN • steals, abuses, or is negligent with any FCPAN equipment or property • uses foul or abusive language while representing FCPAN at any time or place • uses foul or abusive language with another Program Provider or any FCPAN employee or volunteer 2.6 Program Providers or FCPAN Producers, whose status has been revoked, may make a written appeal for reinstatement to the FCPAN Board of Directors at 200 West Mountain, Suite B, Fort Collins, CO 80521 2.7 FCPAN reserves the right to release the names and phone numbers of current Program Providers for the purposes of organizing crews, planning programs, or for other FCPAN related activities, when considered appropriate. 3.0 Training and Equipment Usage Certification (This process is currently addressed during the Basic Training) 4.0 Equipment Checkout and Facilities Use 4.1 Liability Prior to taking equipment. from the FCPAN office, FCPAN Producer must complete and sign an`Equipment Check -Out Form." This form states that the FCPAN Producer assumes liability for any claims, losses, costs and expenses arising from the damage or injuries to persons or property resulting from the use of the equipment. The FCPAN Producer's signature also acknowledges his/her full responsibility for damage to, loss or theft of equipment that occurs during their checkout period. This responsibility includes, but may not be limited to, compensating FCPAN for repair or replacement of the equipment. FCPAN Producer privileges will be suspended until compensation for repair or replacement occurs. To reduce the risk of equipment damage, FCPAN prohibits eating, drinking and smoking in the studio, control rooms, editing suites, or near field production equipment. 4.2 Equipment Check Out/In Policy All Fort Collins Public Access Network (FCPAN) equipment must be used to create programming that will broadcast first on FCPAN. Producers may request FCPAN Board approval for special circumstances. Users of the equipment must successfully complete an FCPAN Producer Certification Process and pay an annual FCPAN Producer Training/Equipment Usage Fee before they are eligible to check out equipment. 4.2.1 FCPAN Producer Training/Equipment Usage Fee Adopted 3/5/2012 While access to airtime is free, FCPAN collects an annual fee of $40 from all FCPAN Producers to cover the administrative costs associated with equipment maintenance. 4.2.2 Equipment Fee Waiver Once an FCPAN Producer completes at least 10 documented volunteer hours, has submitted 2 aired videos, and has previously paid the Equipment Usage Fee, then that FCPAN Producer may petition for a refund of their $40.00 Equipment Usage Fee for that calendar year. 4.2.3 As a requirement to use FCPAN equipment, an FCPAN Producer must participate in the production of at least one access program a year to air on FCPAN. If an FCPAN Producer remains inactive for more than three (3) years, FCPAN may require that they attend another training class before being reinstated. 4.3 Equipment Check OutiIn Procedure 4.3.1 All equipment must be checked out and checked in by appointment only. All equipment must be reserved in advance through FCPAN. Check www.fcpan.org for the contact information and calendar of FCPAN Office Hours for equipment checkout. 4.3.2 Upon Checking Out the Equipment: • Equipment user must sign the FCPAN Field Equipment Checkout Form. • It is the responsibility of equipment users to test and inspect all equipment upon checking it out. Equipment users must allow 10-30 minutes (depending on quantity of equipment) for check in return process. • By signing this form you are agreeing that all equipment is accounted for and in working condition. 4.3.3 Upon Checking in the Equipment: Equipment user must set up all equipment in order for the FCPAN Equipment Designee to check that all equipment is being returned and that it is in good working condition and not damaged. Equipment Designee must sign off on the FCPAN Field Equipment Checkout Form 4.3.4 Equipment users are responsible for determining that the equipment is in working condition when they arrive to use it or to check it out. Any malfunctions should be reported immediately. 4.3.5 The equipment user who checks out the equipment must also be the individual who returns the equipment. So, please be sure that you will be available for the reservation you made. Adopted 3/5/2012 4.4 Quantity Limits 4.4.1 Equipment users may reserve one complete field package, including but not exceeding: 1 camera and accessories, 2 batteries, 1 microphone and cables, one camera support, 1 light kit with accessories, and headphones. 4.4.2 Equipment usage needed beyond these quantities must be negotiated with the board appointed Equipment Designee. 4.5 Time Limits/Area Limits 4.5.1 Unless otherwise approved, equipment must be returned within 24 hours of the next FCPAN business day. 4.5.2 At times of heavy demands equipment users may not make 2 consecutive reservations in order to ensure all equipment users have access. 4.5.3 Equipment may not be taken out of Colorado unless special arrangements have been made with the FCPAN Equipment Director. 4.6 Cancellations If you know you are not planning on picking up the equipment you have reserved, please cancel your reservation ASAP so others may reserve it. 4.7 Late Pick Up 4.7.1 Equipment users who are more than 30 minutes late for their reservation, without notice, will forfeit their reservation if another user needs to use that equipment. 4.7.2 Make any changes by contacting the FCPAN Equipment Designee. 4.7.3 FCPAN Equipment Designee contact information will be available and updated on the www.fcpan.ore website. 4.8 Late Return 4.8.1 Fines are assessed for all equipment returned beyond the time it is due. The fines will be $20 for every day that the equipment is not returned. 4.8.2 In cases where unretumed equipment is critical to video production, user may be subject to loss of equipment checkout privileges. 4.8.3 FCPAN Producers will not be permitted to use any further equipment until all late fees are paid. 4.9 Missing/Damaged Equipment If at the time of check -in it is discovered that there are lost or damaged items the following will take place: 4.9.1 The equipment user will be asked to sign a form stating: The user's name • The user's project • The item lost or damaged • The estimated replacement cost of said item Adopted 3/5/2012 o The date that it must be paid by without severe penalties 4.9.2 All field equipment privileges will be lost until the item is returned or paid in full. The user will be given two weeks to pay for the item. A fair price will be determined by FCPAN Equipment Committee Members based on going rates for video/audio retailers plus a service and/or shipping fee. 4.9.3 Repairs to any damaged equipment are at the discretion of FCPAN. The damaged equipment will be sent to an authorized dealer of FCPAN's choice. The user will be responsible for the cost of repair or replacement of equipment plus shipping and handling fees. 4.9.4 If a replacement or payment is made within the two weeks, the user's field equipment checkout privileges will be reinstated. If after the specified two weeks, the item has not been paid for, the user will lose all field equipment privileges: all reservations will be cancelled, and no future reservations will be made until the item is paid for. 4.9.5 If after one month the matter is still not resolved, loss of privileges will extend to all areas of FCPAN equipment and facilities. The user will be considered not in good standing at FCPAN, may be subject to a loss of broadcast privileges, and the money owed will be submitted to collection services and/or legal proceedings. 5.0 Submittmg Programs Comprehensive and current Submissions Guidelines are available at www.fcpan.org at the SUBMISSIONS link 5.1 Submitting Address Programs may be submitted to FCPAN, c/o Program Director, contact information specified on www.fcpan.or¢ or mailed to FCPAN c/o Program Director, 200 West Mountain, Suite B, Fort Collins, CO 80521 (FCPAN assumes no responsibility for programs lost in transit). Each program submitted must be consistent with the rules and requirements outlined in this document. 5.2 General Submission Requirements. 5.2.1 Programs must be submitted to FCPAN at least 14 days (but not more than 30 days) in advance of the desired scheduled cablecast. 5.2.2 Programs must be submitted in an enclosed case or sleeve along with completed hard copies of the `Program Submittal' and `Statement of Compliance' forms. To receive these and other forms electronically you may download the forms at www.fcpan.org. 5.2.3 All DVDs and their cases must be clearly and legibly labeled with the following information: • Program Provider's name and phone number • Program Title • Episode number (series programs only) • Exact length of program (HH:MM:SS) Adopted 3/5/2012 • Brief program description 5.2.4 FCPAN will not correct spelling, punctuation or capitalization errors. What you put on the submittal form and label will be what appears in any schedule listings, so he sure to proofread before you submit. 5.3 Technical Requirements FCPAN reserves the right to refuse playback of programming that does not meet these technical requirements. 5.3.1 Accepted program formats are: DVD discs that are able to play in consumer DVD players or DVD data discs holding an Mpeg2 file (preferred) 5.3.2 DVD's must have the whole show to be aired as one single DVD track. It can have multiple chapters. Do not put your credits or other acknowledgements as separate tracks. Extra tracks cannot be joined to the main feature by the program director. 5.3.3 Title of program must appear at the beginning or at the end of the program. 5.3.4 Credits must appear at the end of the program, allowable credit to underwriters of the program and the acknowledgements and disclaimers for FCPAN & Comcast Cable. 5.3.5 Half-hour shows must be between 28-30 minutes in length; one -hour programs must be between 59 and 60 minutes in length. 5.3.6 Programs must have technical standards high enough to deliver a clear and unbroken picture to cable subscribers. Audio must be clearly understandable, at audible levels and free of distortion. 5.3.7 Problems that may result in a program being denied airtime include, but are not limited to: distortion, instability, or scratched DVDs; hum or buzz level of -20dB or more; excessive generational lose or poor dubs; vertical roll or other sync instabilities; complete loss of control, track or sync; video signal noise level of 28dI3 or less 5.4 Program Content Responsibility A Program Provider or FCPAN Producers must acknowledge that s/he takes full responsibility for the content of the programming they submit for cablecast by reading and signing the FCPAN "Statement of Compliance." 5.5 Programming Liability and Copyright Clearances 5.5.1 Prior to submitting programs, Program Providers or FCPAN Producers are responsible for taking the necessary steps to obtain permissions and authorizations from the performers and copyright holders whose material is contained in their programs. 5.5.2 All Program Providers or FCPAN Producers shall indemnify and hold Adopted 3/5/2012 harmless the Fort Collins Public Access Network, the City of Fort Collins, Comcast, and their officers, officials, boards, commissions, agents, volunteers and employees from any and all liability, damage, injury, judgment (including cost defending claims and attorney's fees) arising from or in connection with any claim for failure to comply with these Operating Policies and Procedures; other laws, rules or regulation of federal, State or local government; or rules or regulations of the FCC, claims of libel, slander, or invasion of privacy, claims of infringement of copyright, patent or unauthorized use of any material or trademark, service mark or image; or for any other injury of damage in law or in equity claimed as a result of or in connection with a Program Provider or FCPAN Producer's use of access channel time. 5.5.3 The foregoing shall include obscenity claims as well as any and all other claims related to scheduling or programming on public access channel time. 5.6 Program Content Restrictions 5.6.1 To assure compliance with applicable ordinances, regulations, laws and statutes, cablecast of certain types of material (outlined below) on any public access channel managed by FCPAN are prohibited: o Material designed to promote the sale of commercial products or services • Commercial programming which in whole or in part depicts, demonstrates, or discusses products, services or businesses with the intent or substantial effect of benefiting or enhancing a profit making enterprise • Advertising which endorses or opposes candidates for public office, which is also intended to be presented as a paid political advertisement on other media Programming which constitutes or promotes any lottery or gambling enterprise in a manner which is in violation of any applicable local, state, or federal law • Material that is obscene, as defined by applicable law • Material which constitutes libel, slander, invasion of privacy or publicity rights, unfair competition, violation of trademark or copyright, or which might violate any local, state, or federal law. • Material that advocates violence or is designed to invoke violence, and that has a reasonable probability of creating an immediate danger of damage to property or injury to persons • Material that defames a group or individual belonging to a group according to race, ethnicity, sexual orientation, age, disability, occupation or religion Alt submitted content is subject to review under PBS Production Guidelines. 5.7 Acknowledgements and Disclaimers 5.7.1 To assure that viewers know who is responsible for a public access program, FCPAN requires that all programs submitted for cablecast must clearly identify the producer of the program at the beginning or end of the program. Adopted 3/5/2012 Fort Collins Public Access Network Proposal June 1, 2012 Describe your expected or recommended approach, including a clear and detailed description of your proposed "cutover strategy" in the event there is to be a transition from the present Contractor. Describe the anticipated interaction with the City. Provide an outline of your anticipated schedule for completing Contractor tasks (if applicable). Recommended Approach - Track Record Fort Collins Public Access Network FCPAN is highly motivated to continue providing quality public access television to the City of Fort Collins in a seamless transition to a new contract. Fort Collins Public Access Network (FCPAN) has been authorized by the City of Fort Collins as a Designated Public Access Provider since 2004. FCPAN, operating in the public interest, has encouraged participation in civic life; fostered artistic and cultural expression; facilitated better communication between non-profit organizations and the community they serve; and energetically supported all individuals as they explore their creativity and public discourse in the visual medium of public access television. To this end, FCPAN has been educating Fort Collins about public access television and supporting the development of local, grassroots television and film productions through ongoing training and education programs for the last eight years. Cutover Strategy - Non -Applicable No cutover strategy is needed because FCPAN is the incumbent. Recommended Approach - Future Work Plan Our proposed approach for the future of FCPAN is mapped out annually during our 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). We plan to continue with a community focused, all-inclusive approach to running a Community Media Center. This approach includes facilitating and expanding our 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. Their work is what becomes the Channel 97 programming. We have expanded this training and outreach program to include classes given within the Recreator course catalog. This summer will mark the launch of our first teen -level Intermediate Film Makers Workshop offered through the Fort Collins Recreator. We have expanded our website and are adding interactive sections to facilitate real-time discussion boards. Our monthly newsletter is sent to over 300 viewers and volunteers. We also send updates and timely announcements. With the ability to move into the Carnegie Building; we see the opportunity for FCPAN to generate more revenue that will make it possible to stay true to the non-profit model the original founders of FCPAN set out to accomplish. We look 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 FCPAN. We have begun enriching and enlarging our educational training capacities to posting equipment training videos on our new and improved website. We envision the Carnegie Building will provide us space to continue to expand our work through multimedia classrooms, editing bay space, lighting, editing, and video enhancement classes and video camps. Anticipated interaction with the City 5.7.2 FCPAN reserves the right to add or require a disclaimer to be included at the beginning and end of a program stating that, "The views expressed in this program do not necessarily reflect those of FCPAN, the City of Fort Collins, Comcast Cable, or their employees, agents and representatives." 5.8 Guidelines for Submitting Adult and Potentially Offensive Programming Programs containing adult or potentially offensive program content or subject matter may be submitted for cablecast using the following guidelines: 5.8.1 The Program Provider or FCPAN Producers are required to notify FCPAN when submitting a program that contains material that may be considered inappropriate for children and young audiences because of potentially offensive, adult or violent content 5.8.2 This information should be included on the "Access Program Submittal" form that must accompany all programs being submitted for cablecast. 5.8.3 FCPAN reserves the right to pre-screen program submissions to determine compliance with the "Programming Content Restrictions;" however, it is not the intent of FCPAN to act as a censor or to exercise editorial control over the programming on FCPAN. 5.8.4 As outlined in the "Program Content Responsibility" and "Program Liability" sections of this document, final responsibility for program content rests with the Program Provider or FCPAN Producer. 5.8.5 The program must include the following text on the screen for a minimum of 15 seconds at the beginning of the program (if the program is longer than 30 minutes, the text must appear for at least 15 seconds after each 30-minute block of program content). THE FOLLOWING PROGRAM CONTAINS MATERIAL THAT MAY BE OFFENSIVE TO SOME VIEWERS OR INAPPROPRIATE FOR VIEWING BY CHILDREN AND YOUNG PEOPLE. VIEWER DISCRETION IS ADVISED. THE CONTENT OF THIS PROGRAM IS SOLELY THE RESPONSIBILITY OF (Insert Program Providers Name Here) AND NOT THAT OF FCPAN OR THE CITY OF FORT COLLINS. 5.8.6 Programming considered adult in nature by FCPAN will be scheduled for cablecast during late night hours only. Late night hours are defined as after 11:00 p.m. and before 5:00 am. 5.9 Underwriting Credit 5.9.1 Underwriting credit shall be limited to the following: o Visual and/or audio presentation of the underwriter's name and logo during the beginning and ending credits of the program only o A maximum of 15 seconds is permitted for identification of an Adopted 3/5/2012 underwriter • A maximum of four (4) underwriters may support any given program or series of programs • The specific address and phone number of the underwriter is permitted • Identifying the city and state where the underwriter is located is permitted • Underwriting credits shall not include any call to action, superlative description or qualitative claim about the company, its products or its services, direct comparison with other companies, or with other companies' products or services, price or value information, inducements to buy, sell, rent, or lease, endorsements or demonstrations of consumer satisfaction. • Underwriter may not appear or be featured in a program they have underwritten. • Voice or text over descriptions may NOT use the word "sponsor." "SUPPORT FOR THIS PROGRAM WAS PROVIDED, IN PART, BY" or "THIS PROGRAM IS UNDERWRITTEN BY" and similar phrases are permitted. • A producer of a program may never receive credit as an underwriter even though a producer may have a financial investment in the program. 6.0 Program Scheduling 6.1 Scheduling Guidelines 6.1.1 FCPAN will use the following general priorities when scheduling programs for cablecast on FCPAN: • Locally produced programming receives the highest priority. • First run programs will be favored over repeat programs. • Programs may be scheduled to maximize FCPAN's ability to build regular and consistent viewership. • The quality of a production will be considered in the scheduling process • Programs will be scheduled to reflect a diversity of community interests and needs. St nd • Programm Providers or FCPAN Producers will be able to make a 1 , 2 and 3 choice for playback time, these requests will be actively considered, and honored when possible, as the schedule is prepared. • Programs considered adult in nature or inappropriate for children or young people will be scheduled during the late night hours of 11:00 p.m. to 5:00 am. 6.1.2 FCPAN reserves the right to pre-empt scheduled programs in order to present special or time -sensitive programming. 6.2 Repeat Programming 6.2.1 After the initial cablecast of a program, further scheduling of the program is at Adopted 3/5/2012 the sole discretion of FCPAN, with the permission of the submitting Program Provider. 62.2 The decision to repeat a program will be made based on availability of channel time and/or the need to avoid monopolization or over -use of time slots by any particular Program Provider or program. 6.3 Review Process 6.3.1 If a program is chosen not to air or if a program is airing at a time that the Program Provider or the FCPAN Producer does not agree with, then the Program Provider or the FCPAN Producer has the right to appeal to the Programming Review Committee for review of the program. The process is as follows: • The Program Provider and or the FCPAN Producer will need to submit to the Programming Review Committee a copy of their program along with a one -page single spaced document describing why they believe it fits the FCPAN and PBS Production Guidelines. • The Programming Review Committee will then review the document and view the program in question to determine whether it adheres to the guidelines set forth in the FCPAN Operating Policies and Procedures and the PBS Programming Guidelines. • The Program Review Committee will provide a written statement to the FCPAN Board and to the FCPAN Producer or Program Provider explaining their decision. 7.0 Guidelines for Underwriting Support For the purposes of these guidelines, a program "sponsorship" or "underwriter" is a third party that has voluntarily contributed cash or substantial in -kind services to finance, in whole or in part, the production or acquisition of an FCPAN or FCPAN Producer program, and that may not, and has not, exercised any inappropriate influence over the content of the program it has funded. Underwriters shall not have a close commercial connection between their products and services and the content or focus of a program. 7.1 All sponsorships and underwriting must be reported to the Fort Collins Public Access Network by completing and submitting the FCPAN Underwriting Form and required accompanying documents. 7.2 Any sponsorship or underwriting for FCPAN Producer productions must be managed by FCPAN as the fiscal agent of the project/production. 73 Fort Collins Public Access Network retains 25% of donated funds, and releases the remaining 75% of sponsorship and underwriting funds to the FCPAN Producer, provided that these funds be used only to cover "expenses incurred in production, and do not constitute a profit or wage for the producer." 7.4 Once an FCPAN Producer becomes a Program Provider (no longer using FCPAN equipment), the Program Provider is no longer required to have FCPAN act as the fiscal agent of the project/production, and is free to negotiate underwriting and sponsorship Adopted 3/5/2012 agreements without involving FCPAN, provided that their show continue to abide by FCPAN's content regulations, contains no commercial material, and abides by the guidelines for underwriting credit as outlined in Section 5.9 Underwriting Credit. 8.0 Appendices Appendix A. FCPAN Producer Application Appendix B. FCPAN Statement of Compliance Appendix C. FCPAN Program Submittal Form Appendix D. FCPAN Lost or Damaged Equipment Contract Appendix E. FCPAN Parent Responsibility Statement Appendix F. FCPAN Show Underwriting Form Appendix G. FCPAN Equipment Checkout/in Form Adopted 3/5/2012 Bylaws of the Fort Collins Public Access Network (Revised according to 2/14/06 Board Minutes) ARTICLE I — MEMBERSHIP Fort Collins Public Access Network ("FC PAN") has no members, as provided in its Articles of Incorporation ("Articles"). FC PAN shall be governed and managed by its Board of Directors ("Board"). ARTICLE II - OFFICES FC PAN may maintain offices at such places within the City of Fort Collins, Colorado ("City") as the Board may from time to time determine. ARTICLE III PROCEDURES The Board shall adopt procedures and methods to assure fairness in policies and procedures, to promote freedom of expression consistent with the Corporation's stated mission, and to ensure compliance with federal Cable Television Acts, 47 U.S.C. §§ 609 et seq., as well as all other applicable federal and state laws and City ordinances, and also to provide a means for the fair adjudication of disputes prior to court involvement. ARTICLE IV - PURPOSES FC PAN operates in the public interest; encourages participation in civic life; fosters artistic and cultural expression; facilitates non-profit organizations in better communication with the community they serve; and energetically supports the individual in exploring their creativity. All these endeavors ensure the continued exercise of our First Amendment free speech rights. In particular, FC PAN was created to be a balancing factor in regards to media consolidation and resulting corporate domination of the public airwaves. FC PAN will strive to set new standards in Public Access programming and community participation. FC PAN is organized exclusively for charitable, religious, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organization under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code. Subject to the limitations stated in the Articles of Incorporation, FC PAN may engage in any lawful activities, none of which are for profit, for which Corporations may be organized under the Colorado Revised Nonprofit Corporation Act, C.R.S. § 7-121-101 et seq. Furthermore, no part of the net earnings of FC PAN shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that FC PAN shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. Page 1 of 11 FC PAN Articles of Incorporation Revised February 14, 2006 No substantial part of the activities of FC PAN shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and FC PAN shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this document, FC PAN shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code. ARTICLE V — NON-DISCRIMINATION Participation in any activity of FC PAN shall not be limited by race, creed, color, sex, sexual orientation, gender variance, marital status, religion, national origin, ancestry, pregnancy, parenthood, custody of a minor child, or the mental or physical disability of that individual or such individual's friends or associates. ARTICLE VI - BOARD OF DIRECTORS Section 6.01 - Powers and Duties of the Board. All rights, powers, duties, and responsibilities relative to the management and control of FC PAN's property and affairs are vested in the Board. Section 6.02 - Number of Directors, Their Terms of Office, and Composition. The number of Directors of FC PAN shall be any number that is not less than five or more than eleven. Directors may serve a maximum of two consecutive terms of two years each. Terms of Directors expire on June 30`" of the second year of the Director's term. Terms may be staggered. Section 6.03 - Annual Reports. In addition to other reports of the Board, its Committees and officers, the following written reports shall be delivered to the Board with the notice of the annual meeting, or at least five days before the annual meeting: 1. A summary income and expenditure statement, together with a balance sheet prepared by the Treasurer for the prior fiscal year; 2. A budgetary review of the use of funds expected to be received during the remainder of the current fiscal year, prepared by the Treasurer in cooperation with the Executive Director. 3. A summary report of station activities for the prior fiscal year, prepared by the Executive Director. Section 6.04 - Nomination and Voting for Directors. The initial Board will consist of five founders of FC PAN. Future directors are appointed by the Incumbent Board. Vacancies shall be filled in the following manner: The Board Recruitment and Orientation Committee, consisting of at least two Directors not seeking renomination and appointed by the President, with the approval of the Board, shall nominate at least one individual for each Directorship to be filled. Any Director shall have the authority to nominate additional Page 2 of I 1 FC PAN Articles of Incorporation Revised February 14, 2005 candidates for each vacancy to be filled. Directors must be elected by majority vote of all Directors, with each Director casting one vote for each Directorship to be filled. Section 6.05 - Regular Meetings of the Board. Regular meetings of the Board shall be held monthly at such time and place as the Directors may determine from time to time. At regular meetings, the Board shall conduct its business and may conduct any lawful business properly coming before it at any such meeting. Except as otherwise provided in the Articles of Incorporation, notice of each regular meeting of the Board shall be given to each Board member at least five days prior to such meeting either by mail, by hand delivery, by fax, by e-mail, or orally. The notice shall include the date, time, and place of the meeting. Public notice of such meetings shall also be provided on the Fort Collins public access channels. Section 6.06 - Special Meetings of the Board Special meetings of the Board may be called at any time by the President or by any two Directors. Notice of special meetings shall be given either by mail, by hand -delivery, by e-mail, by fax, or orally, at least twenty-four hours before the time of the meeting and shall state the date, time, place and purposes of the meeting. Notice shall also be provided as soon as practicable on the Fort Collins public access channels. Section 6.07 - Conduct of Meetings. Meetings, regular and special, shall be conducted in accordance with Robert's Rules of Order Newly Revised (9th Edition), or such other sets of procedures adopted by the Board to ensure fundamental fairness. Section 6.08 - Openness of Meetings & Records. 1.Open Meetings. All regular and special meetings of the Board shall be open to the public. In addition, all meetings of any Committee of the Board shall be open to the public. For purposes of this section, a "Meeting" shall mean any kind of gathering of more than three Board members for Board or Committee business, whether in person, by telephone, electronically, or by other means of communication. "Meeting" shall not include any chance encounter or social gathering at which discussion of corporate business is not the central purpose. "Committee" shall include all committees authorized by the Board to discuss policy issues relating to the Corporation and its activities. 2. Notice. Any Board Meeting shall be held only after full and timely public notice. In addition to any other means of full and timely notice, the Corporation shall be deemed to have given full and timely notice if notice is posted in a place customarily used for the posting of general notices at the Corporation's principal offices no less than twenty-four hours before the Meeting. The posting shall include specific agenda information whenever possible. 3. Minutes and Book of Record. FC PAN shall keep a Book of Record. Minutes of all Meetings of the Board, whether regular or special, shall be taken, promptly recorded, and archived at the Corporation's principal offices in the Book of Record. Such Minutes shall also include any written information considered by the Board at any regular or special meeting. The Book of Record shall be open to public inspection during normal business hours. FC PAN shall have no obligation to famish copies of any document to any person, but any member of the public may make copies of any document in the Book of Record at his or her own expense after providing reasonable notice and making reasonable arrangements with FC PAN to do so. The minutes of any Meeting at which an executive session is held shall include an entry indicating by Page 3 of 11 FC PAN Articles of Incorporation Revised Febmary 14, 2005 topic the general nature of the elided discussion at executive session. The Book of Record shall contain copies of all electronic mail relating in any material way to corporate business sent by any Board member to more than one other Board member, but this requirement shall not be construed to require the inclusion of those routine communications not relating to matters currently before the Board for consideration or expected to be before the Board for consideration in the future. Inclusion of electronic mail in the Book of Record shall satisfy the requirements of 6.08(l) of these Bylaws, unless formal action is taken by electronic means, or action tantamount to formal action is taken by electronic means. The Executive Director shall have the discretion to supplement the Book of Record with any other materials as he or she deems necessary or advisable. The Executive Director may also establish the procedure whereby photocopies of materials contained in the Book of Record are provided to requesting parties for a reasonable fee, provided that such procedure is non-discriminatory. Under no circumstance will the Book of Record be permitted to be removed from FC PAN's principal office, absent Board resolution to the contrary. Documents furnished to the Board in Executive Session and relating to matters qualifying for Executive Session shall not be included in the Book of Record and need not be disclosed. 4. Executive Sessions. Upon motion duly carried, the Board may go into executive session and exclude members of the public. Before doing so, the Board will announce to any members of the public present, and the minutes shall otherwise reflect, the general topics for discussion in executive session. Executive sessions shall be for the purpose of considering the following matters: 1. Transactional concerns, where open discussion of such matters would jeopardize FC PAN's interest or bargaining position, or otherwise give an unfair advantage to a competitor or adversary; 2. The consideration of acquisition of property by gift, but only if executive session is requested by the donor; 3. Consultation with an attorney for the purpose of receiving legal advice on specific legal questions. The presence or participation of an attorney at an executive session shall not, without more, justify executive session; 4. Matters required to be kept confidential by federal or state law or rules and regulations. 5. Specialized details of security arrangements or investigations where open discussion could compromise security or safety or otherwise aid any person in committing, or avoiding prosecution for, a crime; 6. Determining positions relative to matters that may be subject to negotiation; developing strategy for negotiations; instructing negotiators; 7. Personnel matters; and 8. Consideration of any documents protected by attorney -client privilege, or that are attorney work product, or that may not, by law or court order, be disclosed, or that involve employee personnel files, or that constitute trade secrets, or that otherwise may not be shared because of confidentiality or their relation to any of the other matters listed in this section justifying executive sessions. 9. Or any other matters deemed appropriate by a majority of the Board Notwithstanding the foregoing, all aspects of a search for an Executive Director or Chief Executive Officer must be open to the public, including the meetings of those committees Page 4 of 11 FC PAN Articles of Incorporation Revised February 14, 2005 convened expressly for the purpose of selecting an Executive Director or Chief Executive Officer, except that deliberations may be held in Executive Session. The vote for Executive Director or Chief Executive Officer may be taken by ballot, if the Board so decides. In all cases, no vote or other formal action may he taken in Executive Session, or in any closed session, and matters considered in such sessions shall be voted upon openly upon re -opening Board proceedings. Section 6.09 - Quorum. The presence of a majority of the Directors shall be necessary to constitute a quorum for conducting business. The act of a majority of the Directors present at a meeting called in accordance with these Bylaws, once a quorum is established, shall be the act of FC PAN, except where a vote of a greater number of Directors is required by statute or these Bylaws. Section 6.10 - Attendance at Board Meetings. A Director who misses four regularly scheduled meetings of the Board in any twelve month period may be deemed to have resigned from the Board. At or after the fourth missed regular meeting, the Board may, by majority vote, confirm the failure to meet attendance requirements, and may declare such failure effective as a resignation without further notice to the Director involved. The effectiveness of such declaration shall be the time of the vote of the Board, in accordance with C.R.S. § 7-128-107(4). Nothing in this section shall preclude the Board from considering, in its sole discretion, extraordinary circumstances preventing a particular Board member from attending meetings, but no Board member shall have any right to require any such consideration. Section 6.11- Removal of Directors. Any Board -appointed Director may be removed at any time by the affirmative vote of a simple majority of all Directors at a regular Board meeting or special meeting called for that purpose, whenever in their judgment the best interests of FC PAN would be served thereby. No Director who has been removed from the Board shall be eligible for reappointment to the Board for a period of two years following the date of the vote effecting removal. Section 6.12 - Resignation of Directors. Any Director may resign at any time by delivering written resignation to the Chair or Secretary. Acceptance of such a resignation shall not be necessary to make it effective, unless acceptance is made an explicit condition of effectiveness. Section 6.13 -Vacancies on the Board. Upon recommendation of the Board Recruitment and Orientation Committee, described above, or after nomination by any Director, vacancies of Board -appointed Directors may be filled by majority vote at a regular or special meeting of the Board. Section 6.14 - Informal Action by Directors. Any action required by law to be taken at a meeting of the Board, or any action which may be taken at a meeting of Directors, may be taken without a meeting if consent in writing, setting forth the action so taken, shall be signed by all Directors. Section 6.15 - Compensation & Conflicts of Interest. Members of the Board shall not be compensated for their services as Directors. Directors may be reimbursed for necessary expenses incurred in the execution of their duties. Directors shall Page 5 of I FC PAN Articles of Incorporation Revised February 14,2005 avoid all transactions in which they have a conflict of interest except where such transactions first meet the requirements set forth in C.R.S. § 7-128-501. Nothing shall prevent a Director or any business entity in which a Director is an employee, director or owner, either of record or beneficially, from making grants of funds to FC PAN, or prevent a Director from using facilities or channels over which FC PAN has jurisdiction on an equal basis with other users. ARTICLE VII - OFFICERS Section 7.01- Titles and Qualification of Officers. The principal officers of FC PAN shall be the President, Vice President, Secretary, and • Treasurer. These officers must be Directors. The Board may from time to time appoint such • additional officers as it deems appropriate, all of whom must be Directors as well. • Section 7.02 - Election and Term of Office. • Officers shall serve one-year terms and will be elected annually at the first meeting in FC PAN's fiscal year (July 1st, to June 30`s) and shall serve until their successors are elected and qualified. Section 7.03 - Powers and Duties. Officers shall have and exercise those powers, and assume those duties and obligations, vested in them by statute, by the Articles, and by these Bylaws, as well as such other powers and duties as may be assigned to them by the Board and not inconsistent with these Bylaws. Section 7.04 - President. The President shall be the principal executive officer of FC PAN and shall in general supervise • and control all of the business and affairs of FC PAN. The President shall preside at all meetings of the Board. The President may sign all contracts and instruments, with the Secretary or any other officer when required, as authorized by the Board, except in cases where the signing and execution shall be expressly delegated by the Board or Bylaws, or by statute, to some other • officer or agent of FC PAN. In general, the President shall perform those duties prescribed by • the Board as such duties may change from time to time. With the assistance of the Vice President, and after due consideration of the concerns and desires of other Board members, the President shall set the agenda for meetings and recommend Board action. Section 7.05 - Vice President. The Vice President shall, in the absence of the President, or in the event of the President's inability or refusal to act, exercise all powers normally vested in the President. The Vice • President shall also perform such other duties as may be assigned by the President or Board. Section 7.06 - Secretary. The Secretary shall: • 1. Keep minutes of all meetings of the Board. 2. Keep a current list of Directors, their addresses, telephone numbers, and, when available, e-mail addresses. 3. File biennial reports with the Colorado Secretary of State, when required. 4. Notify all Directors of regular or special meetings, and distribute materials necessary for these meetings. • 5. Maintain the Book of Record in accordance with section 6.08 of these Bylaws, and otherwise perform those duties incident to the office of Secretary or that may be assigned by the Board or the President not inconsistent with these Bylaws. Page 6 of 11 Fort Collins Public Access Network Proposal June 1. 2012 FCPAN has had successful interactions with the City for the last eight years as the managing entity of Comcast Channel 97 and, if awarded this contract to manage the station, we will continue to do so. FCPAN works closely with the City of Fort Collins' public access liaison Carson Hamlin: FCPAN will also maintain regular communication with City staff and City Council via newsletter, email, phone, etc. • New interactions could 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 FCPAN camera and broadcasting equipment to the Carnegie building. Outline of Anticipated Schedule Attached to this document is our FCPAN Work Plan as submitted to the City in January 2012. The move into the Carnegie Building will determine many of the timelines which will need to be reflected on our outline of anticipated work schedule. Such an outline can be furnished once more of the variables are defined. PROPOSAL SUBMITTAL REQUIREMENTS 2: Scope of Work and Deliverables Given the list above under Scope of Work and/or Deliverables, provide us with your plan to achieve them (not to exceed two pages). Management of Dedicated Cable Television Channel and Operate a Community Center In accordance with the franchise agreement, FCPAN will continue the successful management of Comcast public access cable channel 97 on a 24 hour -a -day, 7-day-a-week basis. FCPAN has demonstrated its technical expertise in operating broadcast video equipment and in managing scheduling and playback of public access programming. We have submitted annual Year-end Reports and Work Plans as per the City Agreement. During its last eight years of managing Channel 97, FCPAN has: • Created a Program Director position to manage Channel 97 scheduling and playback. • Created the Equipment Designee position to acquire and manage high quality equipment • Created a TV Guide Listing of the broadcast schedule. • Created a detailed copyright infringement policy and have provided training by local lawyers for the volunteers. 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 Testa, 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 FC PAN Articles of Incorporation Revised February 14, 2005 Section 7.07 - Treasurer. The Treasurer shall: 1. Account for the receipt and disbursement of corporate funds and property. 2. Regularly enter or cause to be entered in the books of FC PAN a complete account of all funds or property received by him or her for the account of FC PAN. 3. Ensure that the account books of FC PAN and all non -confidential vouchers, papers, and documents of FC PAN in his or her custody are made available to any person upon reasonable request. 4. Assume responsibility for filing all tax and other financial reports required by law. 5. Perform all other duties incident to the office of Treasurer or that maybe assigned by the Board or President and not inconsistent with these Bylaws. Section 7.08 - Resignation of Officers. Any officer may resign at any time by delivering a written resignation to the President, Vice President, or Secretary. The acceptance of any such resignation (unless explicitly required by its terms) shall not be necessary to make the resignation effective. Section 7.09 - Removal of Officers. Any officer may be removed at any time by a vote of a majority of all Directors at a regular meeting or special meeting called for that purpose, whenever in their judgment the best interests of FC PAN will be served thereby. Section 7.10 Vacancies. Any vacancy in any office may be filled by a majority vote of the Board for the unexpired portion of the term. In addition, the President of FC PAN may appoint an acting officer to fill a vacancy until the next regularly scheduled meeting of the Board. •ARTICLE VIII - COMMITTEES Section 8.01- Delegation of Authority to President and Vice President. A majority of the Board may authorize the President and Vice President, or either of them, to make any decision and/or take any action on behalf of the Board between regular meetings. Such authorization may be granted at any regular or special meeting, and such authorization shall be limited by its terms, but shall include the power to do all things necessary and proper to give effect to the authority delegated. Section 8.02 - Committees of Directors; Extent of Vested Authority. The Board may designate one or more Committees consisting of one or more persons, so long as a majority are also directors. Any such Committee, once constituted, shall exercise only that authority explicitly vested in it by the Board. Unless a Committee is explicitly vested with the authority to act on behalf of the Board, a Committee shall have no such power, and may not bind FC PAN or Board or otherwise take formal action. In any case, any authority granted shall be strictly limited to those powers explicitly granted, together with those things necessarily to give effect to the authority delegated. No Committee shall have the authority to restate, amend, alter, or repeal the Articles, these Bylaws, or any resolution of the Board unless, in the case of a resolution, such resolution by explicit terms provides that it may be amended, altered, or repealed by such Committee. Nor may any Committee, acting alone, elect, appoint, or remove any member of such Committee, or any other Committee, or any Director or officer of FC PAN, including the Executive Director. Nor may any Committee unilaterally adopt plans or Page 7 of I I FC PAN Articles of Incorporation Revised February 14, 2005 agreements of merger or consolidation, or authorize the sale, lease, exchange or mortgage of all (or substantially all) of the corporate assets. Nor may any Committee authorize the voluntary dissolution of FC PAN, or revoke voluntary dissolution proceedings once duly initiated. Nor may any Committee adopt plans for distribution of the corporate assets. Section 8.03 - Special Committees Under C.R.S. § 7-128-206(6): Advisory Boards, Auxiliaries, or Other Bodies. The Board may, from time to time, designate special Committees in the nature of ad hoc workgroups, advisory boards, auxiliaries, or other similar bodies having such members and rules of notice and procedure (formal or informal) as the Board may provide. The purpose of such special Committees shall be to provide advice, service, and assistance to FC PAN or its Board. Such Committees shall have no ability to take any action, formal or otherwise, on behalf of FC PAN, or to bind FC PAN, and are advisory in nature, whether composed solely of Board members or a mixture of Board members and non - Board members. The resolution designating any such special Committee shall establish its size (if possible), its purpose, any eligibility criteria for membership, and the expected duration of such Committee (if any). Unless otherwise provided by the resolution creating a special Committee, the initial members of such special Committee shall be appointed by the Chair. Any member may be removed at any time, or the Committee dissolved, by the Chair, or by a simple majority vote of all Directors, when in their judgment the best interests of FC PAN will be served thereby. Section 8.04 - Term of Office. Each member of a Committee shall continue as such until the next fiscal year of FC PAN and until his or her successor is appointed, unless the Committee is first terminated, or unless such member shall cease to qualify as a member thereof. Section 8.05 - Chair. One member of each Committee shall be elected Chair by the person or persons comprising that Committee. Section 8.06 - Vacancies. Vacancies in the membership of any Committee may be filled by appointments made in the same manner as provided in the case of the original appointments. Section 8.07 - Quorum. Unless otherwise provided in the motion or resolution of the Board designating a Committee, a majority of the whole Committee shall constitute a quorum, and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the Committee. Section 8.08 - Rules. Each Committee may adopt rules for its own governance not inconsistent with these Bylaws or with rules adopted by the Board ARTICLE IX - EXECUTIVE DIRECTOR The chief executive charged with oversight of the day-to-day operations of FC PAN shall be the Executive Director. The Executive Director shall be a salaried employee of FC PAN, with compensation set from time to time by the Board in its discretion. The Executive Director shall exercise those powers, and be subject to those limitations, set by the Board, and shall serve at the Page 8 of 11 FC PAN Articles of Incorporation Revised February 14, 2005 pleasure of the Board, or under contractual terms negotiated between FC PAN and Executive Director. The Executive Director shall attend plenary meetings of the Board, and Committee meetings, as directed, and shall give those reports and recommendations incident to fulfillment of the duties of office. ARTICLE X - FINANCIAL PROCEDURES AND RESTRICTIONS ON TRANSACTIONS Section 10.01- Fiscal Year. The fiscal year of FC PAN shall be determined by the Board and is from July ls` to June 301". A summary of receipts and expenditures and a balance sheet listing all assets and liabilities shall be prepared shortly after the end of the fiscal year under the supervision of the Treasurer. Section 10.02 - Deposits and Withdrawals of Funds. All funds of FC PAN not otherwise employed shall be deposited in such banks, trust companies, or other reliable depositories as the Board may direct. Any withdrawals of funds and checks must be signed by at least one of the following: the Executive Director, President, Vice President, or Treasurer. Two of the preceding persons must sign for any withdrawal of funds and checks over an amount established by Board resolution. The Board may by resolution establish a maximum amount for withdrawal of funds and checks which may be made by staff without Board authorization. Section 10.03 - Loans. No loans or advances shall be granted by FC PAN without the authorization of the Board. Any such authorization may be general or specific. A recipient of any such authorized loan must sign a written promise to repay the amount received. In no event shall a loan be made to an officer or Director of FC PAN. No officer, employee, or agent of FC PAN shall lend monies to FC PAN without the prior written authorization of the Board. Any such authorization may be general or specific and may include authorization to pledge securities or other personal property as security for repayment. Section 10.04 - Contracts. The President, subject to Board approval, may enter into any contract or execute and deliver any instrument in the name of FC PAN. The Board may authorize any officer or officers, or agent or agents, to enter into any contract or execute and deliver any instrument in the name of FC PAN. Such authorization may be general or confined to specific instances. Section 10.05 - Compensation of Agents and Employees. The Board shall fix the salary of the Executive Director as provided above. The Executive Director shall fix the salaries of staff, consistent with the budget and policies established by the Board. The Directors of FC PAN shall serve as such without salary, but the Board may authorize the payment of reasonable expenses incurred by Directors in the performance of their duties and reasonable compensation for special services rendered by any Director. Except as provided in this section, no officer or Director of FC PAN shall receive, directly or indirectly, any salary or other compensation from FC PAN. Page 9 of 11 FC PAN Articles of Incorporation Revised February 14, 2006 Section 10.06 - Contracts with Officers and Directors. No officer or Director of FC PAN shall be interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any contract for fiunishing services or supplies to it, unless such contract is authorized by a majority of disinterested Directors at a meeting and all material facts relating to such interest are fully disclosed or known to all Directors present at such meeting, and provided also that the terms of such contract, viewed objectively, are fair to FC PAN. ARTICLE XI — ASSETS (to be reviewed by legal council) Corporate assets provided by the City, or purchased through City funds (past, present, or future) shall remain assets of the City of Fort Collins ("City Assets"), notwithstanding the fact that, for convenience, such assets may be titled in the name of FC PAN. City Assets include any residual City funds held by FC PAN. Corporate assets obtained from any other source, or purchased with funds obtained from non -City sources, shall be considered assets of FC PAN ("Corporate Assets"). Corporate Assets include, but are not limited to, any funds or other assets obtained by FC PAN from any telecommunications provider outside of any franchise agreement between the City and such telecommunications provider. ARTICLE XII - INDEMNIFICATION OF OFFICERS AND DIRECTORS Any person (including his or her estate) made or threatened to be made a party to any action, suit or proceeding by reason of the fact that he or she is or was an officer or Director of FC PAN shall be indemnified by FC PAN against any liability, loss, cost, and reasonable expense (including attorney's fees) incurred by him or her in connection with the defense or settlement of such action to the fullest extent allowed under the Colorado Revised Nonprofit Corporation Act. Such right of indemnification shall be deemed in addition to any other rights available to such officer or Director under applicable law or otherwise. ARTICLE XIII - DISSOLUTION AND DISPOSITION OF CORPORATE ASSETS Upon the dissolution of FC PAN, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of FC PAN is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. Page 10 of 11 FC PAN Articles of Incorporation Revised February 14, 2005 ARTICLE XIV - AMENDMENTS OF BYLAWS AND ARTICLES OF INCORPORATION Amendments to the Bylaws and Articles of Incorporation of FC PAN require the approval of a simple majority of Directors. Prior to approval of any amendment, the proposed amendment shall be included in full in the notice for the meeting, or the proposed amendment shall be read at the preceding meeting and summarized in the notice of the meeting for which the vote is proposed. Amendments to sections 6.04, 6.08, 6.11, 6.13, Article XI, Article XIII, or this Article XIV of these Bylaws require the concurrence of the City Council before they shall be effective, in accordance with C.R.S. § 7-130-301. END Page 11 of 11 VENDOR STATEMENT: I have read and understand the specifications and requirements for this bid and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete SERVICES AGREEMENT with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. VENDOR IS TO ALSO INCLUDE THE REQUIRED INSURANCE CERTIFICATE NAMING THE CITY OF FORT COLLINS AS AN ADDITIONAL INSURED. FIRM R EMAILADDRESS: WWUL" f4cir)�Orq 11� Lam- 1 V "k t1 fort ( l ( i r75, a �CY//JV �o sa l PHONE: C GI70) 3 / 5 — q 97 PRIMARY SERVICES ISSUES CONTACT: TELEPHONE: l / -/ ` ) JOO q S?C FAX: FMAIL- Sinal/I flr l [S-+e0V-a VCR 1%100 o Cow? CELL: ��� �� D� / 6 `EMERGENCY: C �% �O �3 10 BACKUP: �I Xi S 1� V)7 e / /Cj L f ecmtcw� (q70) aaC- Z/yacr CONTRACT PROCESS 1, The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. 2, The selected Contractor shall be expected to sign the City's Standard Services Agreement prior to commencing Services (see sample attached to this Proposal). The contract will be awarded for one year with annual reviews and potential one-year extensions up to a maximum five-year period. 3, The City reserves the right to negotiate with any vendor as meets the needs of the City. The City reserves the right to reject any or all proposals, and to waive any irregularities. RFP 7379 Public Access Channel Management Page 5 of 17 Fort Collins Public Access Network Proposal June 1. 2012 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 The FCPAN Board of Directors is committed to operating a successful community media center. We are collaborating and planning with the other PEG entities to innovate new and even more inclusive uses for our equipment and studio spaces. We look 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 Citizens Access to Community Media FCPAN 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. FCPAN has also created a station which is accessible and inclusive of all of Fort Collins citizens. This obligation is met through our non-discrimination clause found within our FCPAN Bylaws and also through the everyday practices and public accessibility to all FCPAN programs, trainings, events, etc. These actions include, but are not limited to: • FCPAN regularly offers training on video production equipment including camera operation and video editing. (FCPAN's equipment is funded by Comcast PEG funds and is owned by the City of Fort Collins). • FCPAN's Board of Directors holds open monthly meetings at which Fort Collins residents may attend, interact with the board and learn about FCPAN's activities. • FCPAN 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. • FCPAN maintains an interactive web presence at www.fcoan.org on which FCPAN's schedule, class listing, and video work is posted. The public can email and ask questions about FCPAN's activities. • FCPAN 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. • FCPAN facilitates the work of numerous non -profits through collaboration in production of their videos. FCPAN's support of these efforts includes training in use of cameras, lighting and editing software. Qualified Non -Profit 501(c)(3) Organization FCPAN was first incorporated in 2004 and subsequently became a non-profit 501(c)(3) corporation on March 24, 2006..FCPAN follows not only the guidelines for non -profits as established by the IRS, but we also follow the PBS and FCC Rules Governing Public TV and Radio for running non -corporate media stations. We are currently awaiting the processing of our application for renewal of status. Making Equipment Available for Public Use It is FCPAN's firm belief that all citizens of Fort Collins should have access to quality, well -maintained, up -to date equipment. To this end, during FCPAN's tenure in managing the public access equipment, we designed an extensive set of procedures for facilitating public use while providing accountability. All of this is delineated in the FCPAN Policies and Procedures which every volunteer is trained on prior to checking out equipment. It is our intention to continue this successful program. Fort Collins Public Access Network Proposal June 1, 2012 In managing the equipment, FCPAN 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. SUBMITTAL REQUIREMENTS 3: Qualifications and Experience Provide relevant information regarding previous experience related to this or similar Projects, to include the following (Please limit this to a maximum of two pages!): Brief Company (or Group) History including time in business In the Fall of 2004, a group of concerned citizens headed by Dennis Parkhurst began planning a public access television station for Fort Collins, as provided in the agreement between the City and Comcast. After a year of organizing and raising funds, a non-profit organization, called Fort Collins Public Access Network was formed. This group then petitioned the city to be designated as the official provider of content for what was then Comcast Channel 12. With the completion of the new agreement between Comcast and the City of Fort Collins in late 2005 or early 2006, FCPAN was granted the right to manage content for the public access station. Minimum of three years experience working with similar Projects. FCPAN has in excess of three years experience in all the areas mentioned in the Scope of Work. FCPAN experience in these areas is listed here. • As referenced above, Fort Collins Public Access Network, FCPAN has successfully managed Comcast Channel 97 since 2004. • FCPAN has had an 8 year track record of public outreach and inclusion of Fort Collins citizens. Attachments provided include an outreach brochure, newspaper clippings regarding FCPAN outreach and the current Recreator course description from a series of 4 years of courses. • FCPAN has 8 years experience in using technical expertise to operate broadcast video equipment. • FCPAN has 8 years experience in managing playback and scheduling of broadcast content. • FCPAN has 8 years experience in operating a community media center. Name, address, and phone number of agency reference contacts from at least three similar projects. FCPAN regularly receives feedback from those who have attended classes, have contacted FCPAN to film their events and the general public about FCPAN's programming. Below are reference contacts: Fort Collins Public Access Network Proposal June 1, 2012 • Linda Mahan, Public Outreach, League of Women Voters of Larimer County, 970-484-2259 • Mary Cook, Business Consultant, Larimer County Workforce Center, 970-498-6650 • Gretchen Gaede, Owner, A -Train Marketing, 970-419-3218 • Kellie Falbo, Executive Director, Sustainable Living Association, SLA, 970-224-3247 PROPOSAL SUBMITTAL REQUIREMENTS 4: List of Project Personnel: This list should include the identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract, and any supervisory personnel, including partners and/or sub contractors, and their individual areas of responsibility. A resume for each professional and technical person assigned to the contract, including partners and/or subcontractors, shall be submitted. The resumes shall include at least three references from previous assignments. Contact Person Board President, Shannell Sedgwick is the point of contact for this proposal, 949-300-9396, shannelister@yahoo.com. Personnel Proposed 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 FCPAN to operate Channel 97. Therefore, FCPAN is currently an all - volunteer organization and does not have any paid staff. The only funds given to FCPAN are from Comcast and they are dedicated to purchase of equipment only. Future plans are to petition Comcast to provide additional funding for FCPAN station operation in the 2015 renegotiation of their contract with the City of Fort Collins. Until then, FCPAN is actively reviewing a more aggressive financial model including grants, donations, underwriting and other fundraising activities to continue funding operation of the station, to run a capacity building project and to hire an Executive Director. 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 FCPAN By -Laws and/or the FCPAN Policies and Procedures. • Board President • Treasurer ' • Secretary • Program Director • Equipment Designee/ • Volunteer Coordinator' • Program Producer 7 Fort Collins Public Access Network Proposal June 1, 2012 Board Members Statements/Resumes Since its establishment, the all -volunteer, Board of Directors of FCPAN have managed and operated the contract for the public access television station. Board Members are skilled in operating TV and video productions and/or they are skilled in operating and fundraising for a television station. The Board Member application and election process serves the station by guaranteeing a skilled volunteer staff. Shannell Sedgwick- Board President Current Employment Teacher of Adults and Elementary School English Language Acquisition, FCPAN Experience o Board Member of FCPAN for 4 years o Past Board Treasurer o Past Secretary o Volunteering as filmer, producer, event coordinator o Submitting Year-end Reports and Work Plan o Building the financial profile as well as grant writing and underwriting development. o Involved in website development and public outreach programs. o Training new board members, facilitating the yearly planning retreat o Co -facilitator of the FCPAN teen filmmaking summer class. Alexis Hmielak - FCPAN Board Secretary Current Employment Administrative Secretary II - City of Fort Collins Environmental Services. Past Employment Administrative Assistant, office manager; Perry Park Country Club, Larkspur, Colorado. ■ General secretarial and office management duties including taking the minutes of the board, creating a monthly newsletter, photographic and graphic arts support Administrative Assistant, then Creative Services Manager - Time Warner Cable, Englewood, Colorado. ■ General secretarial duties, supervision of small in -office creative services department creating advertising materials, press releases, interaction with ad agency and cable affiliates. It was here that I discovered the importance and power of public access television. FCPAN Experience o Secretary of the board o Creator of monthly newsletter and PR materials o Vegas Pro video editing instructor. Chris Winslow- Treasurer and Equipment Designee "I believe strongly in FCPAN's mission to educate the public via independent media. Community based programming is great for all involved." Current Employment Video/ Music Producer for "Tim Yunker & The Sound Junkies (2010-Current) ■ Videotape promotional materials and performances of the musical assemblage. Interview the members and perform the music of the group as the percussionist. Record Fort Collins Public Access Network Proposal June 1, 2012 instruments for album release and assist in the visual elements of the finished product. ■ Software/Equipment: Panasonic HPX AG-170, Canon 60D, Apple Mac Systems, Final Cut Pro, Logic Pro, Photoshop Past Employment Photography Lab Technician for Wal-Mart Corporation (2006-2007) ■ Calibrate the color codes for the printer daily. ■ Educate the public on the difference between traditional photography and the updated digital version of the same name. Areas covered: Megapixels, Memory Storage, Optical vs. Digital Zoom, Sensor and Rational Print sizes, File Formatting. FCPAN Experience- EQUIPMENT DESIGNEE VOLUNTEER (APRIL 2011-CURRENT) o Provide input and write purchasing proposals for current technology updates and improvements. o Document and monitor the use of all equipment and order replacements. o Train new volunteers on proper camera usage and techniques. o Video and audio gear junkie that can't stay away from garage sales, flea markets, electronic stores and any other location that just might carry something electronic. I make videos that involve musicians and performance art, for if you attend, you saw a good show but if you tape, you can see it again and again. David Matheson- Programming Director Current Employment Owner/Content Creator of One Mad Cow Productions, a video production company ■ Create video content for small and large businesses, as well as non-profit organizations Past Employment Spent a year as a Production Assistant in a broadcasting environment: ■ creating a video library ■ organizing the various types of video stock ■ creating run sheets for tv program ■ setting up studio ■ filling in for floor manager FCPAN Experience o Teach basic camera classes to volunteers o Check out equipment for volunteers o Program Director I make sure we have programming scheduled on station every day o Created/create television programming for the station that includes: local speakers, local human interest programming, and a youth baseball tv program that focuses on youth, parent, and coaches positive handling of team sports, specifically baseball Eddie Arthur- Board Member At -Large Current Employment Owner and operator of The Computer Guy computer repair service since 1999. FCPAN Experience o Currently, assistant program director (previously program director). o Provides technical help with FCPAN internet, program server, office computers, video equipment, website. Buy equipment. Occasional filmer and editor for FCPAN video productions. Tim Caffrey- Board Member At -Large Current Employment