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Home My Public Portal AboutORD13861 BILL NO. 2004-155 SPONSORED BY COUNCILMAN CRANE ORDINANCE NO. y AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LINCOLN UNIVERSITY FOR OPERATION OF JCTV. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Lincoln University to operate Jefferson City's Public, Educational, and Government Access cable channel, commonly known as JCTV. Section 2. The agreement shall be substantially the same in form and content as the agreement attached hereto as Exhibit 1 . Section 3, This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: r �'� / !�1 �.,� %' Approved: Ile �— � Mayor /Pre'siding Officer �; AT( EST: APPROVEQ AS TO FORM: I -> > ! ' � +f •'` •' �•'•-�'l� _`%y!'f�12-2 City Clerk City Counselor , c .S This agreement,made and entered into this, r"' day of' ,)- r _'. , 2005,by till(] between the City of Jefferson, a municipal corporation ofthe State of•Missouri, htr•cinafter refcr•t'ed to as the"City," and the Curators of Lincoln University, hercinaller rcicrc d to as the "Operator." I. Definitions. a. Proposal, The term "I'roposul" <IS used herein refers to the proposal made tool submitted by Operator and which is dated September 21, 1999 and which is filed with the City Clerk as amended ot• modified ot• supplctllcnted herein. l-. JCTV. The term ".1C I'V"shall rCICl-to till. PubliC/ I:dLIC111 i0n /GOVCI-nt))clltal (PEG) Cable Access Channel owned by the City by virtue of it's franchise agreement with MediaConi cable company, including such equipnlCnt owned by the City for the Purpose ofoperating such 11I. G channel. 2. Operation and Management. Operator will nl,lnagc, muinttlin, and operate JC"fV on behalf of the City pursuant to the terms of the Proposal. 3. Personnel. a. The Operatorshall maintain personnel available to receive video tapes or other media from residents during normal business hours. b. The Operator will maintain persollncl available during normal huSinCSS hours to respond to resident's inclui►'ics. e. The Operator will provide training to residents in video pro(Iuction, editing, camera operation, station policies and procedures, programming, the use of equipment, and Other skills relating to the operation of'.IC'IA1. d. The Operator has or will secure at its own exl)Crlsc all personncl rccluired to perfor-n1 the services called 161. in this agrCC11101t. Stich IM-SOr111C1 Shall 11c1t be Cll-,[)!t)yCCS of" or IlavC any Contractual rclatlonshlp wltll the City. !'cr:;onnc�l providal shall L)c !'ally qualified. None of* the services required of Illy Operator shall be subcontracted without the agreement of the City. 4. Compensation. City agrees to pay to Opotalur the sum of ` 4=1,500, payable in two installments. The first installment shall he payable April 10, 2005. The second installment shall be due and payable July 10, 2005. ILTolltract Pilcs`misc k'S'Xl V ugncuunt.up�l 5. This agreement shall be in effect from FChruary 1, '005 until October 30, 2005. 6. Termination. This agreement may be terminated by either party upon sixty(60)clays written notice. 7. Complete Understanding, Merger. Parties agree that this document including those documents described in the section entitled "Contract Documents"represe►lt the full and complete understanding of the patties. This contact includes only those goods and services speci f ically set out. This contract supersedes all prior contracts and understandings between the Operator and the City. 8. Authorship and Enlbrcement. Parties agree that the production of this document was tlle.lolnt effort of both parties and that the contract should not be construed as having been dratted by either party. In the event that either party shall seek to enforec the terms of this contract through litigation, the prevailing party in such action shall be entitled to receive, in addition to any other relief, its reasonable attorneys fees, expenses and costs. 9. Amendments. ® This contract may not be modified, changed or altered by any oral promise or statement by whomsoever made; nor shall any modification of it be binding upon the City until such written nlodi fication shall have been approved in writing by an authcn-ized officer ofthe City. Operator acknowledges that the City may not be responsible fin• paying for changes or modifications that were not properly authorized. 10. Waiver of Breech . Failure to insist upon strict compliance with any of'thc terms covenants or•conditions herein shall not be deenled it waiver of any such terms,covenants or conditions,norshall any failure atone or more times be deemed a at anv other time or times by any right under the terms, covenants or conditions herein. 11. /assignment. Neither party may sel l or assign its rights or responsibil ities wider the terms of this agrcelllent Without the express consent of the remaining party. 14. Nondiscrimination. Operator agrees in the performance of this contract not to discriminate on the ground or • I I:CbnU;�cl File;\mist k's'\JC TV u�,rcrnu m uqul 2 because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Operator or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 15. Notices. All notices required to be in writing may be given by first class mail addressed to City of Jefferson,Ofticc of the City Counselor, 320 East McCarty,Jeffcl•son City, Missouri,65101, and Operator at _ _. __ __ 'I'he date.of lelivery of any notice shall be the second full clay allcr the day ofits n -I-i i11 g, IN WITNESS' 'WHEREOF, the parties hereto have "et their hands and seals this day of 2005. CITY OF JEFFERSON LINCOLN UNIVEM11'Y � by: h andwehr, Mayor ~� Title: c�7r y R. Mahoney, Pre- Li.ncotn University AZT ST: ATJ I-',$r: /4 City cleric Titic: �i APPROVEWAS TO F9RtM: f City Counselor i IP.Contmel Filcs\mist W.WC'rV agreement.wpd 3 CITY OF JEFFERSON EXTENSION OF JCTV AGREEMENT WITH LINCOLN UNIVERSITY WHEREAS, the City of Jefferson, Missouri, a municipal corporation, hereinafter designated "City,"entered into an Agreement with Lincoln University,hereinafter referred to as"Operator", on May 20, 2005, and WHEREAS, the Agreement was for the operation and management of JCTV on behalf of the City pursuant to the terms of the Proposal; and _ -- -_ T IEREAS,_b-oth-par-ties ;riclltoextend±he-agreement-fnr:ix-(6)-monthsbeginningNovember 1, 2005 thru April 30, 2006; WHEREAS, both parties wish to continue compensation on the same time schedule and amount as set out in Item 4 of the Agreement dated May 20, 2005. NOW, THEREFORE, be it agreed by the parties that the agreement is hereby extended for a period of six (6) months, beginning November 1, 2005, thru April 30, 2006,with payment of Forty-Two Thousand Five Hundred Dollars ($42,500.00) to be made April 10, 2006. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this �� day of November, 2005. CITY O —J- FFERSON, MISSOURI LINCOLN UNIVERSITY Mays/ Carolyn(ft. Mahoney, Preside Y A�IYT EST: ATTEST: QC 4 1 na ity Cl rk AP , O D - TO FORM: City nye or H:\Contract HILAmmiceMis—In univenityVM'est 11-1.05 to 4-30-013-pd Ord . 13s(o1 CITY OF JEFFERSON EXTENSION OF JCTV AGREEMENT WITH LINCOLN UNIVERSITY WHEREAS, the City of Jefferson, Missouri, a municipal corporation, hereinafter designated "City,"entered into an Agreement with Lincoln University,hereinafter referred to as"Operator", on May 20, 2005, and amended on November 8, 2005, and WHEREAS, the Agreement was for the operation and management of JCTV on behalf of the City pursuant to the terms of the Proposal; and WHEREAS,-both--parties wish to-extend the agreement for six (6) months beginning May 1, 2006, thru November 1, 2006 - - - - WHEREAS, both parties wish to continue compensation on the same time schedule and amount as set out in Item 4 of the Agreement dated May 20, 2005, and amended November 8, 2005. NOW, THEREFORE, be it agreed by the parties that the agreement.is hereby extended for a period of six (6) months, to expire November 1, 2006,with payment of Forty-Two Thousand Five Hundred Dollars ($42,500.00) to be made September 1, 2006. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this IP day of August, 2006. CITY OF JEFFERSON, MISSOURI LINCOLN UNIVERSITY Mayr 4, Car4olvyR Presi nt A EST: ATTEST: At Cityvrk APP D AS OR City Counselor U:\Contract Files\service\lincoln'university\JCTV ext 11.1-05 to 4-30.00.wpd 2006 F ECEIVED L��EaL PUG 2 4 2005 CpLL�G �� y�1PL1S�E UCA��Q AL D c P,f PM,,;:! C9 OF-JEFF RF D1rd 138 1 CITY OF JEFFERSON EXTENSION OF JCTV AGREEMENT WITH LINCOLN UNIVERSITY WHEREAS, the City of Jefferson, Missouri, a municipal corporation, hereinafter designated "City,"entered into an Agreement with Lincoln University,hereinafter referred to as"Operator", on May 20, 2005, and amended on November 8, 2005, and August 10, 2006; and WHEREAS, the Agreement was for the operation and management of JCTV on behalf of the City pursuant to the terms of the Proposal; and WHEREAS,_both_parties wish to extend the agreement for six(6)months-be ginning November_ 1, 1006, thru April 30, 2007; WHEREAS, both parties wish to continue compensation on the same time schedule and amount as set out in Item 4 of the Agreement dated May 20, 2005, and amended November 8, 2005,and August 10, 2006. NOW, THEREFORE, be it agreed by the parties that the agreement is hereby extended for a period of six (6) months, to expire April 30, 2007,with payment of Forty-Two Thousand Five Hundred Dollars ($42,500.00) to be made in two equal payments December 1, 2006 and March 1, 2007. IN TESYMONY WHEREOF, the parties have hereunto set their hands and seals this . day oft r, CITY OF JEFFERSON, MISSOURI LINCOLN UNIVERSITY Mayor Carolyn WWhoney, President ATTEST: ATTEST: y Cler AP ED O FORM: City o nselor U:\Contract Files\service\lincoln university\dCTV ext 11-1.06 to 5-1-02wpd t i l J,