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HomeMy Public PortalAboutORD11124 BILL NO. 88-102 SPONSORED BY COUNCILMAN FELDMAN ORDINANCE NO. _ ) I i 9 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH LINCOLN UNIVERSITY FOR THE OPERATION OF A PUBLIC ACCESS CHANNEL. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, .AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with Lincoln University for the operation of a public access channel for a sum not to exceed $50,000.00. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed, __7, Approved'-- z -mac cPa, /Efd' P esidi Officer ayo ATTEST: City Clerk Ordinance was vetoed by the Mayor at the November 21 , 1988, Council meeting. Veto was overridden by the Council. Mayor Gardner chose to sign the ordinance. r � CONTRACT FOR SERVICES IN CONJUNCTION WITH PUBLIC ACCESS CATV THIS AGREEMENT, made and entered into this day of r•y-e-�-- �- , 19`d8', by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as the "City" with offices at 320 E. McCarty, Jefferson City, Missouri 65101, and Curators of Lincoln University, Jefferson City, Missouri, 65101 hereinafter referred to as the "Operator". WITNESSETH: Whereas, in response to invitations for proposals by City, Operator submitted its proposal which is dated , 19FF and is filed with the City Clerk of the City; and f Whereas, City determined that the proposal of operator, as modified and amended and supplemented herein, is in the best interest of City and that Operator is qualified and capable of providing the services which are required by City; and Whereas, City desires to engage the Operator to render certain technical and professional services hereafter described in connection with the operation and management of a public access channel. Now, therefore, in consideration of the premises and promises and terms and conditions hereinafter set forth the parties agree as follows: 1. Proposal. The term "proposal" as used herein refers to 2i2�ml a l made and submitted by Operator and which is dated 19 $$' , and which is filed with the City Clerk as ardended or modified or supplemented herein. The proposal is a general guideline for the management and operation of a public access facility and the undertaking of certain other activities by Operator at the facility. Such proposal is amended and superseded by specific terms of this agreement and may be amended from time to time by the agreement of both City and Operator. 2. Operation and Management. Operator shall assemble, install, operate, continue to operate, maintain, continue to maintain, and manage a public access facility. 3. scope of services. The operator agrees to perform the activities and services as set out in its proposal dated September 1988, except as modified herein. 4 . Personnel To Be Provided. The Operator represents that Operator has or will secure at its own expense, all personnel 1 required to perform the services called for under this contract ® by Operator. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Operator. All of the services required hereunder will be performed by the Operator or under Operator's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted without the written approval of the City. 5. Term of Agreement. The original term of this agreement shall be for a period of one (1) year, commencing November 1, 1988, and ending October 31, 1989. Following the end of the initial term of this agreement, City and Operator may agree to extend this agreement for two additional consecutive one year terms by mutual consent and agreement as to each such one year term, provided that such final extension shall extend no longer than October 31, 1991. 6. Compensation and Method of Payment. City shall pay to Operator and Operator shall accept from City as monetary compensation for the tights, duties and obligations arising under and by virtue of this agreement $50, 000.00, to be paid in advance in equal monthly installments on or before the first of each month. 7 . Rates and Charges. Operator may impose and collect charges for the use and services of the facility from users and customers after approval of the rates by the Cable Quality Commission and the City Council. S. Failure to Perform, Cancellation. If, through any cause, the Operator shall fail to fulfill in timely and proper manner its obligations under this contract, except as provided under item 22 "Force Majeure", or if the Operator shall violate any of the covenants, agreements, or stipulations of this contract, the City shall give written notice of such default to the Operator. Operator shall have thirty (30) days after receipt of notice to cure said default. Upon the failure of Operator to cure the default the City shall have the right to terminate this contract by giving five days written notice to the Operator of such termination and specifying the effective date thereof. City or Operator may without cause terminate this contract upon 60 days prior written notice. In either such event, all finished or unfinished documents, data, studies, surveys, tapes, and reports or other materials prepared by the Operator under this contract shall, at the option of the City, become its property. Notwithstanding the above, the Operator shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of the contract by the Operator. ® 2 9. Assignment. The Operator shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation) , without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein. 10. Nondiscrimination. The Operator agrees in the performance of this contract not to discriminate on the ground or 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. 11. Independent Contractor. The Operator's relationship to the City as established herein is as an independent contractor and nothing contained herein shall constitute or designate the Operator or any of its agents or employees as agents or employees of the City. 12. ]Benefits Not Available. The Operator's employees shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Workmen's Compensation Program of the City. 13. Liability. The parties mutually agree to the following: a. In no event shall the City be liable to the Operator for special, indirect, or consequential damages, except those caused by the City's negligence, arising out of or in any way connected with a breach of this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract. b. The Operator shall defend, indemnify, and hold the City harmless from and against all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property which are caused by the Operator arising out of or in any way connected with this contract. 14. insurance. Operator shall procure, and prepay the premiums on, the following types of insurance in the amounts as hereinafter set forth and current certificates showing the existence of such insurance on forms as provided therefor by the insurance companies involved or by the City, which shall be furnished to the City upon request: 3 A. Workers' Compensation--Operator shall carry workers' compensation and occupational diseases insurance as required by the statutes of the State of Missouri from a company authorized to do business in the State of Missouri and with a company which meets with the reasonable approval of City. B. Automobile Liability--Operator shall carry in its own name, automobile liability and property damage insurance with limits of not less than one hundred thousand dollars ($100,000.00) for each person and eight hundred thousand dollars ($800,000.00) for each accident and one hundred thousand dollars ($100,000.00) property damage liability, all in a company authorized to do business in the State of Missouri and meeting with the reasonable approval of City. The City shall not be in the policy as a named insured. C. General Liability--Operator shall carry in its own name a comprehensive general liability policy covering all of its operations other than automobile, with limits of not less than eight hundred thousand dollars ($800,000.00) for each occurrence and in the aggregate bodily injury and eight hundred thousand dollars (800,000.00) for each occurrence. D. Owner's Liability Insurance--Operator shall provide a policy of general liability insurance covering City and the premises to be used as a public access facility with limits of one hundred thousand dollars ($100,000.00) for each person, eight hundred thousand dollars ($800,000.00) for each accident and five hundred thousand dollars ($500,000.00) for property damage. All or any of the above insurance may be provided through a blanket insurance policy of the Operator's parent company. Each copy of the policy of, or certificate of, the above and foregoing insurance requirements must bear the following special endorsement by the agent of the proposed insurance carrier: This policy shall not be altered, materially changed or cancelled without giving fifteen (15) days prior written notice, by certified mail, to the Mayor of the City of Jefferson. In the event any insurance policy required herein shall be cancelled or altered or materially changed without the approval of City, Operator shall immediately obtain substitute insurance coverage satisfactory to City. In lieu of the coverages set out in paragraphs (C) and (D) above Operator may utilize coverage provided under the State of Missouri Legal Expense Fund upon presentation to the City of evidence that said coverage is adequate to protect the City S interests. ® 4 15. Nonsolicitation. The Operator warrants that it had not employed or retained any company or person, other than a bona fide employee working solely for the Operator, to solicit or secure this Contract, and that he has not paid or agreed.to pay any company or person, other than a bona fide employee working solely for the Operator, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability, or, in its discretion, to deduct from the Contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 16. Inspection. Any governmental agency which has lawful jurisdiction over the facility or the operations at the facility, including City, may make inspections of the facility and its operations at any time that the facility is open for business and operations or at any other time or times which may be reasonable for such inspections, provided however, that such inspections shall be made only by authorized personnel of such authorities or of City. Such inspections shall not interfere with the orderly operation of the facility by Operator. 17. Hooks and Records. The Operator and all its subcontractors, if any, shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this Contract, and shall make such materials available at their respective offices during normal business hours throughout the Contract term and for a period of three (3) years following completion of the Contract. B. The books and records of Operator with regard solely to the gross revenues from the operations and capital expenditures at the facility shall be subject to annual inspection and audit by City at the expense of City. 18. Delays. That the Operator shall not be liable for delays resulting from causes beyond the reasonable control of the Operator; that the Operator has made no warranties, expressed or implied, which are not expressly set forth in this Contract; and that under no circumstances will the Operator be liable for indirect or consequential damages. 19. Notices. All notices required or permitted hereunder and required to be in writing may be given by first class mail addressed to City at 320 E. McCarty, Jefferson City, Missouri 65101, and Operator at 820 Chestnut Street , Jefferson City, Missouri, 65101. The date of delivery of any notice shall be the date falling on the second full day after the day of its mailing. 5 ti 20. Title to Equipment. Title to all equipment purchased with City funds at the facility shall be vested in the City. Operator will not sell or otherwise dispose of any equipment from the facility without the express written approval of the City. 21. Title to Facilities. Upon the completion of the term of this agreement, as may be extended by option or otherwise, City is expressly given the right at any time within ninety (90) days after such termination to enter upon and remove from the facility any equipment, personal property or improvements of any kind and nature other than permanent buildings or fixtures which were purchased or placed upon the facility by City, but City shall not be obligated to so remove any of the above. Upon the expiration of said ninety (90) day period, any of the above items remaining on the site shall become the property of Operator. 22. Force Majeure. The performance of this Agreement may be suspended and the obligations thereunder excused, in the event and during the period that such performance is prevented by a cause or causes beyond the control of Operator. Such causes shall include acts of God, acts of war, riot, fire, explosion, accident, flood or sabotage; _lack of adequate fuel, power or raw materials; or an unconditional prohibition of the operation of the site by judicial order, administrative or governmental laws, regulations, rules, requirements, orders or actions including refusal to issue, cancellation, suspension or revocation by any permit, license or other authorization necessary for the construction and/or operation envisioned by this Agreement or the Proposal; or national defense requirements; labor strike, lockout or injunction. 23. Assignment and subletting. Excepting agreements relating to construction at the site and other agreements made prior to the date of this agreement, Operator shall not assign or sublet the whole or any part of the agreement without the prior written consent of City. 24. Entire Agreement. This agreement embodies the entire understanding between the parties hereto relative to the subject matter hereof and shall not be modified, changed or altered in any respect except in writing signed by both parties 25. Governing Law and Severability. This agreement shall be governed by the laws of the State of Missouri applicable in the case of contracts made and to be performed in that state. Any action at law or in equity brought by either City or Operator against the other shall be brought in the Circuit Court of Cole County in the State of Missouri. The provisions of this agreement shall be deemed to be severable and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of other provisions hereof. 6 In the event of a conflict between the terms or the conditions of this agreement and those of any exhibit attached hereto, the terms and conditions of this agreement shall take precedence. Operator shall at all times observe and comply with the provisions of the charter, ordinances and regulations of the City and state and federal laws, rules and regulations which in any manner limit, control, or apply to the actions or operations of Operator, its subcontractors, or its or their employees, agents or servants, engaged upon the work or affecting the materials supplied to or by them under the agreement. Notwithstanding any other term, provision, or condition herein, each and every term, provision and condition herein is subject to the provisions of the charter of the City and the ordinances enacted thereunder. City represents that it has the authority pursuant to said charter to enter into this agreement and that no provision of this agreement, to the knowledge of City, is in violation of said charter. In witness whereof, the parties hereto have caused the signatures of their legally authorized representatives to be affixed hereto on the day and year indicated on the first page of this agreement. LINCOLN UNIVERSITY CITY OF JEFFERSON resident, Board of Curators May Attest: 1 S retary Board o Curators City Clerk • 7 TABLE OF CONTENTS Proposal. . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Operation and Management. . . . . . . . . . . . . . . . . . . 1 Scope of Services. . . . . . . . . . . . . . . . . . . . . . 1 Personnel To Be Provided. . . . . . . . . . . . . . . . . . . 1 Term of Agreement. . . . . . . . . . . . . . . . . . . . . . 2 Compensation and Method of Payment. . . . . . . . . . . . 2 Rates and Charges. . . . . . . . . . . . . . . . . . . . . . 2 Failure to Perform, Cancellation. . . . . . . . . . . . . . . 2 Assignment. . . . . . . . . . . . . . . . . . . . . . . . . . 2 Nondiscrimination. . . . . . . . . . . . . . . . . . . . . . 3 Independent Contractor. . . . . . . . . . . . . . . . . . . . 3 Benefits Not Available. . . . . . . . . . . . . . . . . . . . 3 Liability. . . . . . . . . . . . . . . . . . . . . . . . . . 3 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . 3 Nonsol icitation. . . . . . . . . . . . . . . . . . . . . . . 4 Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . 5 Books and Records. . . . . . . . . . . . . . . . . . . . 5 Delays. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Notices. . . . . . . . . . . . . . . . . . . . . . . . . 5 Title to Equipment. . . . . . . . . . . . . . . . . . . . . . 5 Title to Facilities. . . . . . . . . . . . . . . . . . . 6 Force Ma j eure. . . . . . . . . . . . . . . . . . . . . . . . 6 Assignment and Subletting. . . . . . . . . . . . . . . . . . 6 Entire Agreement. . . . . . . . . . . . . . . . . . . . . . . 6 Governing Law and Severability. . . . . . . . . . . . . . . . 6 8 PUh 17 189 16:21 LINES VIDEO S`r•STENS P,2 CERTIFICATE OF INSURANCE SURANCE ISSUi DATE(IAMIDD/YYI j 6/17/89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS" NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, milk EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 7 BARKER-PHILLIPS-JACKSON BOX 4207 GS COMPANIES AFFORDING COVERAGE SPRINGFIELD 150 65808 COMPANY LETTER A CODE RUB-CODE ` COMPANY INSURED LETTER E CONTINENTAL WESTERN LIVES MUSIC CO INC LEETrER4v C 219 S JEFFERSON AVE SPRINGFIELD HO 65806 LETTERNYD COMPANY E JJ?� LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS TR DATE((,AA1/DD/YY) DATE 1;!MIDD/YYI GENERAL.LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/CPS AGGREGATE $ CLAIMS MADE OCCUR. PERSONAL&ADVERTISING INJURY 5 OWNER'S&CONTRACTOR'S PROT• EACH OCCURRENCE $ F:RE DAMAGE(AnY one tire) $ MEDICAL EXPENSE(Any Onn pomon) 5 «t A'UTOMOBILeL1ABILITY COI.7008 4/18/89 4/18/90 COMBINED SIN R ANY AUTO LIM TLE :T 0 0 0 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS W"!:pw on) R HIRED AUTOS EVOIL•r NJURY s R NON•OWNED AUTOS rust�x:dnN) GARAGE LIABILITY PROPERTY S DAMAGE F-XCF,SS LIABILITY EACH AGGREGATE 'I OCCURRENCE . S $ .GiHERTHANUMBRELLAFORM . _.. _::: ...... ..... .. WORKER'S COMPENSATION STATUTORY AND $ (EACH ACCIDENT) EMPLOYER&'LIA9ILITY 8. (DISEASE—POLICY LIMIT) I I $ (DISEASE—EACH EMPLOYEE OYHOR 1 1 � , I DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/RESTRIOTIONS/SPECIAL ITEMS 1989 FORD ECONLINE VAN 1 TOM #IPDIIP 34HOKHC40003 IncludIng Physical Damage with. $100 Comp and $250 li i CERTIFICATE MOL:DEF, CANCELLATION ti SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED SEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF JEFFERSON MAIL��-pDAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE JEFFERSON. CITY NO LEFT, BIPPAI4URE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE S US AN K UT Z 5 ACORD 2fi�.S 9/88 QAR CORPORATION 1988' AMERICAN STATES INSURANCE COMPANY HOME OFFICE: INDIANAPOLIS, INDIANA PERFORMANCE AND PAYMENT BOND # EX-740-203 KNOW ALL MEN BY THESE PRESENTS, That we Lines Music Company, Inc. as Principal, (hereinafter called Principal) and AMERICAN STATES INSURANCE COMPANY, an Indiana corporation, with principal offices in Indianapolis, Indiana, as Surety, (hereinafter called Surety), are held and firmly bound unto City of Jefferson City, Missouri , as Obligee, (here- inafter called the Obligee) in the amount of One Hundred Thousand and no/100-------------- -------- ---- -------------------����_ Dollars (e100,000* ) for the payment of which sum well and truly to be made,we bind ourselves,our heirs, executors,administrators, successors and assigns firmly by these presents. WHEREAS, the Principal did on the—24th-_day of A=i 1 19_32, enter into a written contract with said Obligee for qv.Imrisinn Studio F.aiii3neni- T i nc -I n University M Vehicle which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall indemnify the Obligee against any loss or damage directly arising by reason of the failure of the Principal to (a) faithfully perform said contract and (b) pay all just claims for labor and material furnished in the com- pletion of said Contract by persons, firms or corporations having direct contracts with the Principal, then this obligation shall be null and void; otherwise to remain in full force and effect. This bond is executed and accepted subject to the following conditions: (1) That the Obligee shall faithfully and punctually perform all the terms and conditions of said Contract to be performed by the Obligee. (2) That the Obligee shall notify the Surety by registered letter, addressed and mailed to it at its Home Office, of any breach of said Contract within a reasonable time after such breach shall have come to the knowledge of the Obligee. (3) All suits at law or proceedings in equity to recover on this bond must be instituted within six months after the completion of said contract, and in any event within twelve months from the date fixed in said contract for its completion. SIGNED, SEALED AND DATED this 24thday of April 19 89 LI S MUSIC C PANY, INC. (Seal) Principal AMERICAN STATES INSURANCE COWANY BY: LForm .1041 (12.71) Attorney-in-tact. .r t GENERAL POWER OF ATTORNEY Lto Oww"Mri American States Insurance Company INDIANAPOLIS, INDIANA py KNOW ALL MEN BY THESE PRESENTS,that American States Insurance Company,a Corporation duly organized and existing under the laws of the State of Indiana,and having its principal office in the City of Indianapolis,Indiana,hath made.Constituted and appointed,and does by these presents make,constitute and appoint ------------- PAUL BARKER, MILTIOV S. PHILLIPS, JCHN RICHMM, DEE F. ROGERS, WILLIAM L. SOUTHWORTH, JR., MILLIE RATHBUN, PEGGY DYE, GARY L. YOST AND LISA ARNETT-- � (Jointly or Severally) O Ca of Springfield and State of Missouri 1 its true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and (D deliver any and all bonds,recognizances,contracts of Indemnity and other conditional or obligatory undertakings, pied, however, O than the penal sun of any one such instant executed hereunder shall not exceed FIVE M LLIGN AND ND 1100 ($5,000,000.00) DOLLARS -------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the common seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)•in-Fact may do in the premises.This Power of Attorney Is executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By-Laws of the American States Insurance Company. which reads as follows: "The Chairman,the President or any vice-president(including any Executive Vice President,Senior Vice President,Second Vice President or Assistant Vice President)shall have power,by and with the concurrence with the any other officer of the Corporation,to appoint Attorneys-in- Fact as the business of the Corporation may require and to authorize any such person to execute,on behalf of the Corporation,any bonds, recognizances,stipulations and undertakings, whether by way of surety or otherwise." IN WITNESS WHEREOF, American States Insurance Company has caused these presents to be signed by its Vice-President, attested by its Assistant Vice-President and its corporate seal to be hereto affixed this 16th day of_ February A.D. 19 89 . AMERICAN STATES INSURANCE COMPANY ,1 �E6 IN#& Aft ATTEST: _ By T Assistant Vice-President econd Vice-President ° Y ou..�MAU c STATE OF INDIANA COUNTY OF MARION I SS On this 16th day of February A.D„ tg 89, before me personally came Joseph F. Heim , to me known, who being by me duly sworn,acknowledged the execution of she above instrument and did depose and say;that he is a Vice-President of American States Insurance Company;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said Joseph F. Heim further said that ho is acquainted with John J. ROsich and knows him to be the Assistant Vice-President of said Corporation; and that he executed the above instrument. MY cOMM1ssioN EXPIRES wbV 4 19Oq w.f nrr My Commission Expires Notary Public z r • STATE OF INDIANA SS �tiDIaNP COUNTY OF MARION I 1. John J. ROs ich ,the Assistant Vice-President of AMERICAN STATES INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said AMERICAN STATES INSURANCE COMPANY,which is still In force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of Section 8,03 of the By-Laws of AMERICAN STATES INSURANCE COMPANY which reads as follows: "All policies and other Instruments of insurance issued by the Corporation shalt be signed on behalf of the Corporation by the Chairman,the President or any vice-president(Including any Executive Vice President,Senior Vice President,Vice President,Second Vice President or Assistant Vice President) and the secretary,or an assistant secretary,or other officer,whose signatures,if the Instrument is duly countersigned by an authorized representative of the Corporation,may be facsimilies.Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwittlstanding the fact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually Issued by the Corporation," In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this 24th day of il. _ A.D., 19._$4. � wr L u 9.94159 R. a(9.88) Assistant Vice-Press enl ��� � 1lis■[i 1 L 1' AMERICAN STATES INSURANCE COMPANY HOME OFFICE: INDIANAPOLIS, INDIANA PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That we Lines Music Co. , Inc. , as Principal, (hereinafter called Principal) and AMERICAN STATES INSURANCE COMPANY, an Indiana corporation, with principal offices in Indianapolis, Indiana, as Surety, (hereinafter called Surety), are held and firmly bound unto City of Jefferson City, Missouri , as Obligee, (here- inafter called the Obligee) in the amount of One Hundred Four Thousand Two Hundred Five and no/100----------------------------- Dollars ($ 104,205.00--------------- ) for the payment of which sum well and truly to be made,we bind ourselves,our heirs, executors,administrators, successors and assigns firmly by these presents. WHEREAS, the Principal did on the 16th day of February__19_g9 enter into a written contract with said Obligee for Television Studio Equipmen-t - Bid No. 1068 which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall indemnify the Obligee against any loss or damage directly arising by reason of the failure of the Principal to (a) faithfully perform said contract and (b) pay all just claims for labor and material furnished in the com- pletion of said Contract by persons, firms or corporations having direct contracts with the Principal, then this obligation shall be null and void; otherwise to remain in full force and effect. This bond is executed and accepted subject to the following conditions: (1) That the Obligee shall faithfully and punctually perform all the terms and conditions of said Contract to be performed by the Obligee. (2) That the Obligee shall notify the Surety by registered letter, addressed and mailed to it at its Home Office, of any breach of said Contract within a reasonable time after such breach shall have come to the knowledge of the Obligee. (3) All suits at law or proceedings in equity to recover on this bond must be instituted within six months after the completion of said contract, and in any event within twelve months from the date fixed in said contract for its completion. SIGNED, SEALED AND DATED this 16th day of February 19-89 Lines Music Co. Inc.— (Seal) PNnclPal AMERICAN STATES INSURANCE COMPANY BY: Form 9-1041 (12.71) Attorney-ln-fact. GENERAL POWER OF ATTORNEY 003n American States insurance Company INDIANAPOLIS, INDIANA am OR KNOW ALL MEN BY THESE PRESENTS,that American States Insurance Company,a Corporation duly organized and existing under the laws of the State of Indiana,and having Its principal office In the City of Indianapolis,Indiana,hath made,cl)nstituted and appointed,and does by these presents make,constitute and appoint ----------------------_ PAUL BARKER, MILTON S. PHILLIPS, JOHN RICHMOND, DEE F. ROGERS AND WILLIAM L. SOUTHWORTH, JR. --------------------------- (Jointly or Severally) -I! O of Springfield and State of Missouri its true and lawful Attorney(syin•Fect, with full power and authority hereby conferred in its name, place and stood, to execute, acknowledge ancW deliver any and all bonds,recognizences, contracts of indemnity and other conditional or obligatory undertakings, prOVlded, hawever, tri that the penal sun of any one such instmmnent executed hereunder shall not exceed - FIVE KILLIM AND N01100 ($5,000,000.00) DOLLARS ------------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the common seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.This Power of Attorney is executed and may be revolted pursuant to and by authority granted by Section 7.07 of the By-Laws of the American States Insurance Company, which reads as follows: "The Chairman of the Board,the President or any Vice-President shall have power,by and with the concurrence with the Secretary or any Assistant Secretary of the Corporation,to appoint Resident Vice-Presidents,Resident Assistant Secretaries and Attorneys-in•Fact as the business of the Corporation may require or to authorize any one of such persons to execute,on behalf of the Corporation,any bonds,recognizances, stipulations and undertakings,whether by way of surety or otherwise" IN WITNESS WHEREOF, American States Insurance Company has caused those presents to be signed by its Vice-President. attested by its Assistant Secretary and its corporate seal to be horeto affixed this 23rd day of August A.D. 19— 8 J 1 AMERICAN STATES INSURANCE COMPANY (SEAL) ATTEST ' �–� � By Assistant Secretary econd Vice• 6iflent MW STATE OF INDIANA SS COUNTY OF MARION On this 23rd day of August A.D., 19–JUL, before me personally came Joseph F. Heim to me known, who being by me duly sworn,acknowledged the execution of the above instrument and did depose and say;that he is a Vice-President of American States Insurance Company;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of the Board of Directors of said Corporation;and that he signed his name thereto under like authority.And said Joseph F. Heim further said that he is acquainted with Alanson T. Abel and knows him to be the Assistant$a ya6p�gaj,,,igC; cu f�> xtad the above Instrument. MU u,Al��l ��' CJ t J . able Rp otary Public STATE OF INDIANA I SS COUNTY OF MARION 1 Alanson T. Abel the Assistant Secretary of AMERICAN STATES INSURANCE COMPANY,do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney,executed by said AMERICAN STATES INSURANCE COMPANY,which is still In force and affect. This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By-Laws of AMERICAN STATES INSURANCE COMPANY which reads as follows: "All policies and other Instruments of Insurance Issued by the Corporation shall be signed on behalf of the Corporation by the president or a vice- president and the secretary or an assistant secretary,whose signatures,if the Instrument is duly countersigned by an authorized representative of the Corporation,may be facsimllles.Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to bo such officer at the time such policy or other Instrument of Insurance shall have been actually Issued by the Corporation. 16th February In witness whereof, l have hereunto set my hand and affixed the seal of said Corporation, this day of A.D., 19-89 (SEAL) �1�89 t�C (11'88) Assistant Secretary XWORAMUM TO: Tom Benton, Planning & Code Enforcement FROM: Allen Garner, City Counselor/jp December 29, 1988 Dom' RE: CATV contract I have reviewed the attached information concerning insurance coverage for Lincoln University in regards to the CATV contract. The coverage provided meets the specifications and you may proceed with the execution and implementation of the contract. bmc L.IPICQLN UNIVERSITY %OUNOFD AO LINQOUi III8TIT41K 111 0 RED EfTNt 42ND A40", i UNIT40"Al" CO.OII[O IN/A�TplR�1'NO OUFMOT10D OY�TMR nATr or MIOONpt J6FF9Rpt4l i LM 400 Al 65101 December 14, 1988 Mr. Allen Garner City Counsellor 320 E. McCarty Street Jefferson City, Missouri 65101 RE: Public Access TV Contract Dear Mr. Garner: With regard to Paragraph 14 of the above referenced contract Lincoln University would like to submit the following infor- mation: Subparagraph A - Workers ' Compensation -- The require- ments of this subparagraph will be satisfied by the provi- sions of §105 .810 RSMo, 1986, which incorporate the pro- visions of chapter 287, RSMo, governing workers ' compensa- tion and extend these provisions to include all state employees. The State of Missouri is a self-insurer, an option that is provided in the section. Subparagraph B - Automobile Liability -- See Attachment A. Subparagraph C - General Liability -- The University will utilize the coverage Provided by the State of Missouri pursuant to the provisions of §105. 711 . This section provides in pertinent part that: "Moneys in the state legal expense fund shall be available for the payment of any claim or any amount required by a court of competent jurisdic- tion against . . . ( 2) Any officer or employee of the state of Missouri or any agency thereof. . . . " Subparagraph D - Owner' s Liability Insurance -- The University will utilize the coverage provided by the state legal expense fund, §105. 711 , RSMo, 1986 . With regard to an equal opportunity inalitutlon Page 2 �ECEI�1FCl DEC 1 9 1988 Allen Garner, December 15, 1988 the premises to be used as the public access facility, it is my understanding that the facility will be housed in Univer- sity property. Any claim by the City against the Operator for damage to or destruction of any mobil units which may be owned by the City will be covered by the legal expense fund. If you have further questions, please advise. Sincerely yours, Mary W. Harris Counsel to the President MWH/me Enclosure xc: Dr. Wendell G. Rayburn President of the University E C EIVED DEC 1�nR Attachment A Automobile Liability Coverage Lincoln University Automobile liability claims against Lincoln University are paid from the Legal Expense Fund of the State of Missouri pursuant to sections 105. 711 (4 ) , 105.716, 537.600 and 537.610 RSMo, 1986. The aggregate of payments from the legal expense fund shall be limited to a maximum of eight hundred thousand dollars for each occurrence and one hundred thousand dollars for each claimant. Alk Oe r: ,;4 . k.. M,gUpORp A[LIACDVI IN [1 S TII[ttmo 41�pM#U YN djr^ [ may A 10i M��idJ111 J6FPrER�O�y� t,�118l�Oldl�1 65101 November 29, 1988 Mr. Allen Garner City Counsellor 320 E. McCarty Street Jefferson City, Missouri 65101 RE: Public Access TV Contract Dear Mr. Garner: With regard to Paragraph 14 of the above referenced contract, Lincoln University would like to submit the follow- inq information: Subparagraph A - Workers ' Compensation - - The require- ments of this subparagraph will be satisfied by the provisions of §105. 810 .RSMo, 1986, which incorporate the provisions of chapter 287, RSMo, governing workers' compensation and extend these provisions to include all state employees. The State of Missouri is a self-insurer as provided as an option in this section. Subparagraph B - Automobile Liability - - See Attachment A. If you have any questions, please feel free to contact me. Sincerely yours, / I. Mary W. Harris MWH/me 0 an equal oppodun4y in$*U*N � M Attachment A Automobile Liability Coverage Lincoln University Automobile liability claims against Lincoln University are paid from the State Legal Expense Fund pursuant to sections 105. 711 (4) , 105. 716, 537.600 and 537.610 RSMo, 1986. The aggregate of payments from the legal expense fund shall be limited to a maximum of eight hundred thousand for each occur- rence and one hundred thousand for each claimant.