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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. • UAContract Files\serviceVincoln universityWTV Agreement 6-21-07.wpd 1 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. • UAContract FileslserviceVincoln universityVCTV Agreement 6-21-07.wpd 2 i 1 i • 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. • UAContract Files\serviceUincoln universityUCTV Agreement 6-21-07.vio 3 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. • UAContract Files\serviceVincoln univemityVCTV Agreement 6-21-07.wpd 4 ! 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 • UACceUinwin universityWTV Agrcement 6-21-07.wpd 5 Title: I i U:\Contract Files\service\lincoln univetsityVCTV Agreement 6-21-07.wpd 6 I