Li.
defamation, copyright violation and other possible liabilities, and in such form the
producer(s)/sponsor(s)/user(s) shall acknowledge that they shall not hold the City and/or
Contractor liable, and shall indemnify the City and/or Contractor, for their own productions
and or sponsored programming.
The public acecss channels are not intended to be a public foram, however, the public does
have some rights of access consistent with lawful access center operating guidelines that may
be established as indicated in Denver Area Educational Telecommunications Consortiumi,
Inc. v. FCC, 116 S.Ct. 2374 (1996); therefore in enforcing this provision, Contractor will
follow procedures which are legally appropriate for the regulation of speech in such a quasi-
forum, including procedures which conform to the access center procedures identified by the
United States Supreme Court in Denver Area Educational Telecommunications Consortium,
inc. v. FCC, 116 S.Ct. 2374 (1996) and Freedman v. Maryland, 85 S8.Ct. 734 (1965)
Contractor shall make best efforts to notify public access producers that city-owned.
programming is not available to producers for re-airing on public access channels without
explicit authorization from the City, to the extent consistent with any public records or other
applicable law.
Contractor shall provide equipment and channel time to qualified producers who have
completed all necessary training and whose skills and knowledge meet minimum criteria
established by the Contractor, approved on a content-neutral, nondiscriminatory basis.
Contractor shall, in general, provide equipment and channel time on a non-discriminatory
basis, subject to reasonable scheduling practices including but not limited to channel time
scheduling preferences for locally produced programming as reasonably defined by
Contractor.
Contractor may make use of the facilitics and equipment under its custody, care and control
for generating additional funding subject to applicable law. Revenues generated from such
activities shall be spent for non-commercial purposes only and pursuant to this contract. All
such activities must be in conformity with Contractor’s tax status and must serve to further
the goal of promoting the public’s use and access to cable television or other cable-related
media and not interfere with the financial support of public access, the use of the public
access facility and or channcl time by the users.
Contractor shall adopt and follow proper accounting, procurement and employment policics
and practices and maintain documentation of expenditures of City Operating Funds provided
under this Agreement, including but not limited to documentation of the following:
a, Evidence that competitive procurement processes were used for purchases
b. Maintenance of receiving or shipping documents related to invoices to ensure that types
and quantities of goods received agree with the invoice before payment is processed.
c. Cancelled invoices (when checks are signed and payments released)
Transactions are posted in the Contractor’s accounting system (i.e. general ledger,
transactions detail by account, budget to actual, profit and loss and balance sheet).
Qo.
