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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