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HomeMy WebLinkAbout952481.tiffRESOLUTION RE: APPROVE AGREEMENT FOR GREELEY CABLE TELEVISION WITH CITY OF GREELEY AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Greeley Cable Television between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Greeley, Colorado, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Greeley Cable Television between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Greeley, Colorado, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D., 1995. ATTEST: Weld Cou BY: Deputy fet Y •ar A"'.v=.ASTOFO Coun BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLRAD Dale K. Hall, Chairman J. Kirkmeyir, Prb/—Teem p GeorgfE. Baxter FXCI ISFf1 DATF CIF SIGNING Constance L. Harbert ; � I /1 (AYE), W. H. Webster (C: CA) e24cfTree%i;gee-6Y 952481 ORD94 AGREEMENT THIS AGREEMENT, made this /Q lay of December, 1995, by and between the CITY OF GREELEY ("Greeley"), a Colorado municipality, and WELD COUNTY, COLORADO. RECITALS WHEREAS, Greeley Cable Television Channel 22 ("GATV") serves to provide Greeley and Greeley area citizens with information concerning local government events and civic affairs through character generated bulletin board, regular videotaped and live cablecasts of public meetings, events, projects, and programs; and WHEREAS, Greeley wishes to make available to other Weld County jurisdictions its cable television access and services; and WHEREAS, other Weld County governmental jurisdictions, including Weld County, wish to have access to GATV for purposes of dissemination of governmental information; and WHEREAS, Greeley and Weld County have determined it to be in the best interest of both parties, respectively, to cooperate in a joint effort to provide information to their citizens concerning items of government and government sponsored activities and actions; NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties understand, acknowledge and agree as follows: 1. GATV Channel 22 program services will cablecast regularly scheduled programs, produced exclusively by local, state, federal governments and other governmental jurisdictions. The Bulletin Board announcements and other programming generally will be of the type that encourages citizens to take greater advantage of opportunities to learn about and/or participate in government, government services, civic, cultural, educational and recreational activities available in the Weld County area. 2. It is expressly understood and agreed that live cablecasts and videotaped replay cablecasts of public meetings of councils, boards, and/or commissions shall be presented only for the convenience and information of citizens. Such cablecasts or replays may not be representative of the entire meeting of such a council, board or commission. Official minutes and/or transcripts of such actual meetings are available from the respective clerk or secretary of the involved jurisdiction, board or commission, and cablecasts shall not be intended or construed as official presentations of or official minutes of such meetings. Notwithstanding the foregoing, "gavel to gavel" coverage of such meetings shall be provided as often as possible and practicable during videotaped replay of such meetings. 3. With locally produced programming, GATV will endeavor to produce regular programming, educational in nature, which informs citizens about the occurrence and progress of civic improvement projects, assists in the reduction and/or elimination of crime and other public hazards, highlights government related events of general public interest, and generally promotes the public health, safety and welfare. Additionally, Channel 22 may, from time to time, produce programs of educational value to promote citizen participation in recreational and cultural activities within the Weld County area. 4. Bulletin board announcements shall be restricted to information by and of the participating governmental jurisdiction(s) and such non-profit organizations as may be co- sponsored by such jurisdiction(s). 5. At this time, GATV will provide bulletin board cablecasts at no charge to participating jurisdictions. If at some time the volume of work submitted by a participating jurisdiction exceeds GATV staff capabilities, the submitting jurisdiction will be asked to pay a portion of the costs for production of cablecasts and/or bulletin board services. Charges will only include reimbursement for production supplies and services as the City of Greeley cannot lease Channel 22 cablecast time. When it becomes necessary to charge a jurisdiction for cablecast production, the City of Greeley will notify the participating jurisdiction prior to providing any supplies or services that would require reimbursement. Certain services, such as the cablecast of pre -produced government videos provided by a jurisdiction may not require any reimbursement. However, all such requests must be submitted through the Greeley City Manager or his designee. A representative of your jurisdiction must notify and enter into an agreement with the City of Greeley for any services over and above bulletin board cablecasts. 6. The parties expressly understand and acknowledge that a number of Weld County governmental jurisdictions are anticipated to have access to the GATV cable television capabilities and services. The parties therefore further expressly acknowledge and understand that, if broadcasts become limited due to GATV staff time limitations, equipment limitations or cablecast capacity limitations, governmental messages that effect larger numbers of citizens shall be given preference and priority, in the sole discretion of the City of Greeley City Manager or his designee. 7. The following person is designated as the Weld County staff person responsible for approving all messages and cablecast information prior to submission of such information to the City of Greeley public information officer: Name: Title: Address: Telephone: All messages and information concerning items to be broadcast on or through GATV must be provided by or through the above -named designee to the City of Greeley public information officer, John Pantaleo, Greeley City Hall, 1000 10th Street, Greeley, Colorado 80631, telephone (970) 350-9702. The City of Greeley public information officer shall not accept and shall not be required to accept such messages or information as contemplated herein from any other source, without prior approval. The contact person in the submitting jurisdiction is responsible for the accuracy, timeliness and content of the messages and information which are sent to the City of Greeley, the Greeley public information officer may use common abbreviations and symbols if necessary, but shall not otherwise edit the content of submitted messages except as requested by the jurisdictions contact person. TO THE EXTENT ALLOWED BY LAW, WELD COUNTY HEREBY PROMISES AND AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY OF GREELEY FROM ANY LIABILITY RESULTING FROM INJURIES DERIVED FROM SUBMISSION, PUBLICATION, RECEIPT OR OTHERWISE CONCERNING INFORMATION WHICH IS PROVIDED OR RECEIVED PURSUANT TO THE TERMS OF THIS AGREEMENT. 8. All messages and information submitted for consideration for broadcast must be typewritten, limited to six lines per message and limited to thirty characters per line. A form used for submission of such messages is provided and maintained by the City of Greeley public information officer, and copies of the form may be obtained from him. The information submitted must indicate the beginning and ending dates of the cablecast, provide a telephone number for further information, and must be submitted by 4:00 P.M. on the Friday prior to the Monday on which the messages are to begin running. Greeley will enter information each Monday at approximately 9:00 A.M., with updated cablecasts beginning no later than Noon on the same day. The Greeley public information officer will check voice mail messages at 350- 9702 and facsimile messages at 350-9736 each Monday morning at 9:00 A.M. for changes to information submitted prior to the deadline. Information received after 9:00 A.M. on Monday morning may not be cablecast until the following week. The City of Greeley reserves the right to update information following the deadline if the situation presented is determined to be an emergency or necessary to avoid an emergency, in the sole discretion of the Greeley City Manager or his designee. 9. The content of messages submitted for broadcast shall comply with the following conditions and restrictions: A. No political messages; B. No commercial advertising; C. No use by any private, non-profit or other group outside of local governments and school systems unless the information regards an event that is co -sponsored by a participating governmental jurisdiction; D. An event associated with an outside agency or group shall be broadcast only if sponsored or co -sponsored by a participating governmental jurisdiction; E. Personal information such as home addresses and telephone numbers of elected officials or staff members shall not be publicized. F. No message will be run consecutively for more than three weeks, unless the message regards an ongoing meeting schedule or consent is given by the City Manager or his designee. 10. The Greeley public information officer shall make every effort to have cablecast/bulletin board information updated each Monday; however, the parties hereto expressly acknowledge that the officer's schedule and schedules of other City employees may occasionally effect the timing of weekly updates. When possible, the officer shall contact a participating jurisdiction in advance if a known scheduling conflict will prevent normal text entry. When possible, messages will be entered, changed or removed on the Friday prior to a known scheduling conflict. In the event of such a known conflict, incoming messages will be entered into the system and cablecast as soon as possible. Messages dated to begin or end on a weekend or holiday will be addressed on the following work day. 11. The City of Greeley assumes no responsibility for errors or delays, and Weld County waives its legal rights to claim damage or relief due to any such errors or delays. Weld County agrees to indemnify and hold harmless the City of Greeley for any and all damages for materials produced or provided by Weld County to be televised. 12. No advertising or announcement by commercial firms soliciting business in any form will be considered for broadcast. Programming may be underwritten by organizations or businesses, and acknowledgement for their support may be allowed. 13. Public announcements, safety bulletins and emergency messages issued by local, state or federal public safety agencies shall receive priority time for cablecast on GATV. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the date and year first above written. THE CITY OF GREELEY, COLORADO A Colorado municipality diffrighaMe Mayor ATTEST: ', ' City ark WELD COUNTY, COLORADO Chairman, \oard a; Title: County �Qb4hmi$ione. s ATTEST: WELD COUNTtvat RK'T THE BOARD BY. Bal UTY'CLERK CO fI�E APPROVED AS TO SUBSTANCE: (;-#A4Alexb City Manager APPROVED AS TO LEGAL FORM: City Attorney Hello