HomeMy Public PortalAboutORD15241 BILL NO. 2013-143
SPONSORED BY COUNCILWOMAN Terqin
ORDINANCE NO. I � LP
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LINCOLN
UNIVERSITY FOR JCTV CABLE ACCESS SERVICES.
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 for the operation of JCTV cable access
television.
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: Y 1tel1 / Approved: /
Presiding Officer Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Xify Counselor
AGREEMENT
This agreement, made and entered into this G/ day of , 2014, by and between the City
of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as the "City,"
and the Curators of Lincoln University of Missouri, hereinafter referred to as "Lincoln University."
1. Definitions.
A. The term "broadcast" shall mean: the Transmission of a program across JCTV,
transportation to and from any site of transmission, all necessary set up, filming/video,
extracting and converting the video, moving video to POR automation, scheduling video to
run on POR Automation and editing video and posting to Youtube, streaming live online and
archiving of the "Required Meetings to be Broadcast" (as hereinafter defined) and providing
accessibility online to archives of the "Required Meetings to be Broadcast ".
B. The term "JCTV" shall refer to the Public / Education / Governmental (PEG) Cable
Access Channel owned by the City by virtue of its franchise agreement with Mediacom
Cable Company, or its successors for the purpose of operating such PEG channel.
2. Responsibilities of City.
A. Lease authority to broadcast to Lincoln University. By virtue of this agreement, the City
does hereby lease the City's option to broadcast on JCTV to Lincoln University for
operation and broadcasting.
B. Allow free exercise of broadcasting rights. Lincoln University shall have sole discretion
as to what programs to broadcast subject only to their obligations pursuant to this
agreement.
C. Compensation. City agrees to pay to Lincoln University the sum of Fifty -Five Thousand
and no /100 Dollars ($55,000.00) per year, payable in two semi - annual installments, pro-
rated for partial years.
D. Allow use of equipment. The City agrees that all equipment and resources of JCTV will
be made available to Lincoln University for its broadcasting requirements. However all
equipment affixed to City Hall, cameras and equipment to operate the cameras shall
remain the sole property of the City. All equipment located in the JCTV studio in Elliff
Hall shall remain the sole property of Lincoln University.
3. Responsibilities of Lincoln University.
A. Lincoln University shall manage, maintain. and operate JCTV pursuant to the terms of
this Agreement.
B. Lincoln University shall provide all studio space, office space, utilities, office furniture,
transportation to and from events, and office supplies necessary for the operation of
JCTV. Maintenance and cleaning of such equipment and facilities will be the sole
responsibility of JCTV. All such property shall remain the property of Lincoln
University.
C. Lincoln University shall maintain an office in Jefferson City for the administration of
JCTV and where the public may do business with JCTV. The office shall be open during
reasonable hours set by Lincoln University.
D. Lincoln University shall prepare and submit to the City, no later than May 1st of each
year, a proposed annual operating budget for JCTV.
E. Required Meetings to be Broadcast. Lincoln University shall be required to broadcast
the following meetings, which occur in the City Council Chambers at City Hall, 320 E.
McCarty, Jefferson City, Missouri:
1) All regular City Council meetings; and
2) All City of Jefferson Planning and Zoning meetings; and
3) Special events upon no less than 7 days notice.
4. Lincoln University shall:
A. Manage, guide and direct the daily operation of JCTV, reporting to Lincoln University.
B. Make an annual report, either written or oral at the discretion of Lincoln University, to
the City of Jefferson City Council as to the current status of the station by July 30th of
each year.
C. Be the chief liaison between JCTV and the community in the promotion of the station
and in the marketing of partnership opportunities.
D. Subject to the meetings required to be broadcast pursuant to this agreement and Lincoln
University's requirements in this agreement, make decisions as to what programming will
be aired.
E. Solicit funding for JCTV from private sources, membership, and government grants as
deemed appropriate by Lincoln University.
F. Supervise and recommend personnel decisions regarding all personnel employed by
Lincoln University for the purpose of operating JCTV.
5. Equipment.
Within the limitations of the JCTV budget, Lincoln University shall be responsible for the
purchase and maintenance of all of the broadcast and production equipment of JCTV.
Lincoln University shall implement and follow appropriate purchasing policies. Lincoln
University shall maintain a yearly inventory of the equipment and other assets belonging to
JCTV and include a copy in the annual report. All equipment purchased using JCTV funds,
including donations to and grants for JCTV, shall become the property of Lincoln University.
In the event of a dissolution of this agreement, all such property shall be divided by the
agreement of the parties. It is anticipated that both parties will supplement the operations of
JCTV by the use of equipment owned by them. Lincoln University shall be responsible for
maintenance of all Lincoln University owned equipment and the City shall be responsible for
the maintenance of all City owned equipment.
6. Term. This agreement shall be in effect from November 1, 2013 until October 31, 2014.
Thereafter it shall automatically renew unless otherwise terminated by the parties.
7. Obligation subject to Appropriations. All obligations pursuant to this agreement are subject
to proper appropriation. Failure by either party to budget sufficient funds for the project into
their yearly budget shall authorize either party to terminate the agreement upon 30 days'
notice.
8. JCTV Steering Committee Dissolved. The parties agree that as funding has been reduced
from previous years, the JCTV Steering Committee which was previously given oversight
authority over JCTV is by this contract dissolved and authority to oversee operation shall rest
with Lincoln University subject to the terms of this agreement. Lincoln University shall in
turn directly report to the City of Jefferson City Council Committee on Administration on the
matters required by this agreement.
9. Termination. This agreement may be terminated by either party upon ninety (90) days
written notice.
10. Complete Understanding, Merger. Parties agree that this document represents the full and
complete understanding of the parties. This contract supersedes all prior contracts and
understandings between Lincoln University and the City.
11. Authorship and Enforcement. Parties agree that the production of this document was the
joint effort of both parties and that the contract should not be construed as having been
drafted by either party. In the event that either party shall seek to enforce 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 attorney's fees, expenses and costs.
12. Prior Agreements. All prior agreements between the parties setting out obligations pertaining
to JCTV are replaced in full by this agreement.
13. 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 modification shall have been approved in writing by an authorized officer
of the City. Lincoln University acknowledges that the City may not be responsible for
paying for changes or modifications that were not properly authorized.
14. Waiver of Breach. Failure to insist upon strict compliance with any of the terms covenants or
conditions herein shall not be deemed a waiver of any such terms, covenants or conditions,
nor shall any failure at one or more times be deemed a waiver or relinquishment at any other
time or times by any right under the terms, covenants or conditions herein.
15. Assignment. Neither party may sell or assign its rights or responsibilities under the terms of
this agreement without the express consent of the remaining party.
16. Nondiscrimination. Lincoln University 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 Lincoln
University or applicant for employment and shall include a similar provision in all
subcontracts let or awarded hereunder.
17. Notices. All notices required to be in writing may be given by first class mail addressed to
City of Jefferson, Office of the City Counselor, 320 East McCarty, Jefferson City, Missouri,
65101, and Lincoln University at President's Office, Lincoln University, 820 Chestnut,
Jefferson City, Missouri 65101. The date of delivery of any notice shall be the second full
day after the day of its mailing.
IN TN WHEREOF, the parties hereto have set their hands and seals this -7 day of
2014.
CITY OF JEFFERSON THE CURATORS OF
LINCOLN UNIVERSITY OF MISSOURI
by:
Eric Struemph, Mayor
City Clerk
APPROVED AS TO FORM:
City Counselor
by:
Kevin Rome, Ph.D., President
ATTEST:
Title: Executive Assist