HomeMy Public PortalAboutORD14261 BILL NO. 2007-84
SPONSORED BY COUNCILMAN CRANE
ORDINANCE NO. 1 y I
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 November 1, 2007.
Passed: Approved:
esiding Officer /i' Mayor
�i
-EST: APPR E AS TO FORM:
1�4� 9��City C! rk City Counselor
1421 l
AGREEMENT
This agreement,made and entered into this A d
ay of- ,2007,by and between the City
of Jefferson,a municipal corporation of the State of Misso hereinafter referred to as the"City,"
and the Curators of Lincoln University of Missouri, hereinafter referred to as "Lincoln."
1. Definitions.
a. JCTV. 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,including such equipment owned by the
City for the purpose of operating such PEG channel.
2. Purpose. JCTV shall be administered with the goal of accomplishing the following
objectives(but not limited to the following):
a. Providing live and taped coverage of City Council meetings and other mutually
agreed upon municipal gatherings.
b. Providing coverage of significant,mutually agreed upon community events occurring
within our city and providing Lincoln students an opportunity to participate in these
events.
• C. Providing a resource to teach Lincoln students video production,broadcasting and
journalism, including sharing of resources between JCTV and Lincoln.
d. Providing educational outreach for Lincoln University.
e. Providing a forum for promotion of Lincoln University and the City of Jefferson.
f. Providing a forum for public access television.
g. Meeting the needs of minority populations which may not otherwise be served by
commercial broadcasting.
h. Other goals as agreed to by the parties.
3. Responsibilities of Lincoln.
a. Lincoln will manage,maintain,and operate JCTV on behalf of the City pursuant to
the terms of this Agreement.
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b. Lincoln 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.
C. Lincoln 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 with the advice and consent of the City.
d. Lincoln shall provide training to residents in video production, editing, camera
operation,station policies and procedures,programming,the use of equipment,and
other skills relating to the operation of JCTV. Training classes will be scheduled by
Lincoln on a weekly basis for those community members that wish to get basic
production training. Cost of this training (in dollars or volunteer hours) to be
determined by Lincoln,with the consent of the City. Training shall be scheduled at
such times as to make it readily available to the general public.
e. Lincoln will prepare and submit to the City, no later than May 1't of each year, a
proposed annual operating budget for JCTV.
f. Lincoln will make JCTV facilities, video production, and editing equipment
available for use by citizens with appropriate scheduling and training.
• 4. Personnel.
a. Lincoln has or will secure at its own expense all personnel required to perform the
services called for in this agreement. Such personnel shall not be employees of or
have any contractual relationship with the City. Personnel provided shall be fully
qualified. None of the services required of Lincoln shall be subcontracted without
the agreement of the City. Personnel shall be employees of Lincoln for all purposes
including liability and workmen's compensation. Employees shall not be employees
of the City of Jefferson.
b. Lincoln will provide to the City information concerning the names, salaries, and
benefits of all employees involved in the operation of JCTV upon request.
C. All decisions concerning individuals employed by JCTV shall be the sole
responsibility of Lincoln,provided however that Lincoln shall consult with the City
as to the selection of the Station Manager.
d. Lincoln shall, within six months of the execution of this agreement, hire a Station
Manager to oversee the operations of JCTV.
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• i. Qualifications. The station manager should be an individual who is familiar
with the operation of public access channels or a public TV station. The
manager should have a bachelor's degree in business, marketing or
communications. Experience in managing a non-profit organization or a
volunteer-based group would be helpful. The manager should possess
superior communication skills. The manager should have a background in
sales or marketing. Lincoln may waive any of these qualifications with the
consent of the City.
ii. The Station Manager shall
(1) manage, guide and direct the daily operation of JCTV,reporting to
Lincoln University.
(2) make a written monthly report regarding the proceeding month's
activities to the City of Jefferson, through the JCTV Steering
Committee.
(3) make written annual report to the JCTV Steering Committee as to the
current status of the station by July 30`h of each year.
(4) be the chief liaison between JCTV and the community in the
• promotion of the station and in the marketing of partnership
opportunities.
(5) make decisions as to what programming will be aired.
(6) solicit funding for JCTV from private sources, membership, and
government grants.
(7) supervise and recommend personnel decisions regarding all personnel
employed by Lincoln for the purpose of operating JCTV.
(8) develop and administer the volunteer program.
(9) under the auspices of the Lincoln University strategic plan, will
involve students and volunteers in the operation of the station.
(10) develop and implement an action plan which includes the evaluation
of old equipment and purchase of new equipment as deemed
necessary and as budget constraints allow.
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5. Equipment. Within the limitations of the JCTV budget,Lincoln shall be responsible for the
• purchase and maintenance of all of the broadcast and production equipment of JCTV. Lincoln shall
implement and follow appropriate purchasing policies. Lincoln 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 JCTV. In the event of a dissolution of this agreement, all such property shall be
transferred to the successor in interest of JCTV or otherwise 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,in which case JCTV will keep accurate records of such equipment and return it upon
request.
6. Responsibilities of the City:
a. Compensation. City agrees to pay to Lincoln the sum of One Hundred Sixty-Five
Thousand and no/100 Dollars ($165,000.00) per year, payable in two semi-annual
installments, pro-rated for partial years.
b. The City agrees that all equipment and resources of JCTV will be made available,in
the fullest extent possible, to the students and faculty of Lincoln in support of its
educational purpose.
C. The City will provide routine automotive maintenance of the JCTV van.
• 7. Lincoln will provide equipment enabling the City to post events on the message board
broadcast on JCTV as well as emergency interrupt from the Jefferson City Police Department upon
earmarked funding from the City for this purpose.
8. This agreement shall be in effect fromiVoytrAt r I,Zoo? until October 30, 2008.
Thereafter it shall automatically renew unless otherwise terminated by the parties.
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 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 attorneys fees,expenses and costs.
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12. 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 acknowledges that the City may not be responsible for paying for changes or modifications
that were not properly authorized.
13. Waiver of Breech. 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.
14. 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.
15. Nondiscrimination. Lincoln 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 or applicant for employment
and shall include a similar provision in all subcontracts let or awarded hereunder.
16. 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 at The date of delivery of any
notice shall be the second full day after the ddy of its mailing.
=2007.S WHEREOF, the parties hereto have se;eds and seals this day of
CITY OF JEFFERSON
Ci r
by:
THE CURATORS OF
LINCOLN UNIVERSITY OF MISSOURI
ldwJoehr, Mayor
by:
Carolyn R oney, Ph.D.,Preside
ity Cle
ATTEST:
AP2t. AS
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