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Home My Public Portal AboutORD13764 BILL NO. 2004-57 SPONSORED BY COUNCILMAN ORDINANCE NO, 7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY, MISSOURI, REGARDING ROAD AND BRIDGE MAINTENANCE. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to execute the Intergovernmental Agreement- Road and Bridge Tax with Cole County, Missouri, for road and bridge maintenance. Section 2. The agreement shall be substantially the same in form and content as the agreement attached hereto as Exhibit A, which is incorporated herein by reference. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. J c' i Passed: �. r�'', �� ,�� Approved: ,r �;% Presiding Officer j' Mayor RTTEST: LA'PPROVED AS TO FORM: City Clerk City Counselor INTERGOVERNMENTAL AGREEMENT BRIDGE and ROAD TAX THIS AGREEMENT,made and entered into this4day of'August, 2004, by and between the City ofiefterson, Missouri, a constitutional charter city, hereinafter referred to as "City,"and Cole County, Missouri, a political subdivision of the State of Assouri, hereinafter referred to as "County." WHEREAS, Cole County, Missouri, is a county of the first class which does not have a charter forth of government; and WFIERI3AS, the City of Jefferson is a city located entirely within Cole County; and WHEREAS,County levies a Road and Bridge Tax pursuant to Section 137.555 RSMo; and WHEREAS, County is obligated by Section 137.556 RSMo to spend not less that 25% of this monies accruing to it from the County's Road and Bridge Tax levied upon property situated within the limits of City for the repair and improvement ofexisting roads,streets and bridges within the corporate boundaries of City; and WHEREAS, the City of7Jefferson City Council has designated and from time to time shall designate certain roads, streets and bridges to be repaired and improved using Road and Bridge Tax funds; and WHEREAS,the County wishes to enter into an inter-government agreement with the City for City to provide for the repair and improvement of existing roads, streets and bridges within the corporate boundaries ofCity on behalf of the County under the provisions of'Scction 70.220, RSMo. NOW THEIZI FORE, in consideration of the mutual covenants and premises Contained herein, the parties agree as t«llows: 1. The City will perform, on behalf ofthe County, repairs and improvements ofroads, streets and bridges within the corporate boundaries of City. 2. City agrees to annually provide a copy of those portions of it's budget which are relevant to repair and maintenance of roads and bridges within the city limits. Such budget portions may include,but not necessarily be limited to,capital improvements,street department,,and engineering. Parties agree that such submission will be considered a sufficient designation cif the projects requested by the City as provided in § 137.556 RSMo. 3. Parties agree that in calculating the value ofthe expenses incurred, the parties will deduct 11 Tonlmcl I;iln'l III aurcanmcmol Cole Coumy`Kuml&I lndgc.1 lir K 11 Agreamnit Ver.6s.elnl i fronx ti►e total budgeted amount any funds received from gas tax or state or federal grants. 4. County agrees to pay City, pursuant to Section 1 37.556 RSMo. a sum equal to 25% of the moniesaccruingto County from County's Road and Bridge Tax levied upon property situated within the corporate limits of the City. Payment will be made in two installments: a. Half ofthc total sum will be paid to the City no later than February 1" of cash year; and b. The remaining half ofthe total sum will be paid to the City no later May 30`x'of each year. 5. City agrees to spend the money received from County pursuant to Paragraph I only for the repair and improvement of existing roads, streets and bridges within the City. 6. City agrees, upon request, to present to the County sufficient portions of its annual audit to support that all of the funds received under this agreement were used for maintenance and repair of roads and bridges within the City. in the event that such audit shows that the City did not spend all of the money on road and bridge maintenance and repair, the City shall refund the difference to the County which shall hold such funds and make them available to the City in future years for the purposes set forth in Paragraph 1. a. City agrees to make available to the County and/or the County Auditor, at the ® County's request, all files, reports, and source documentation that the County, or its agents, may wish to test from time to time including those supporting the City's budget and audited financial statements pertaining to the payment of the Road and Bridge Tax money and assist the County, or its Auditor or designee, wishes to perform to develop evidence of compliance with Section 137.556 RSMo., such as those audit tests associated withe the Street Division's annual budget and financial statements. 7. County shall pay to the City a sum equal to 25%ofthe monies accruing to County from the County's Road and Bridge Tax levied upon property within the City for 2003 no later than August 20'x', 2004, 8. This agreement shall be in effect,from its execution until .lLily 1, 2006. This agreement shall thereafter be automatically renewed for successive one year terms unless either party gives written notice to the governing body of tyre other ofits intent not to renew the agreement. Such notice must be given no later than 30 days before the agreement would automatically renew. 9. Insurance. City shall procure and maintain at its own expense during the life of this contract: a. Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. 11:Contrmt &I Indgel a%k&11 Agrrcnum Va.nanijnl 2 1 h. Otlicr Insurance. Without waiving its rights, privileges and immunities under the doctrine of Sovereign Immunity, City will obtain such types and amounts of insurance as the City and County may jointly agree will adequately protect the County's interests. C. Subcontracts. In case any or ail of this work is sublet, the City shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs(A.), (I3.), and (C.) hereof and in like amounts. i. Contractor's Public Liability Insurance in an amount not less than$2,000,000 for all claims arising out of a single occurrence and $300,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287,RSMo,and City's Property Damage 111SUranee in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in it single accident or occurrence. ii. Automobile Liability insurance in an amount not less than$2,000,000 for all claims arising out of a single accident or occurrence; and $300,000 for any one person in a single accident or occurrence. iii. Owner's Protective Liability Insurance. The Subcontractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability insurance Policy naming the City and the County as the insured,in an amount not less than $2,000,000 for all clainis arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. iv. Scone of insurance and.Special Hazard. The insurance required under Sub- paragraphs(a.) and(C.) hereof shal l provide adequatU protection for County and its sub-contractors,respectively, against damage claims which niay arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special, hazards which niay he encountered in the performance of this contract. V. ]MOTE: Paragraph iv. is construed to require the procurement of contractors's protective insurance (or contingent public liability and contingent property dainage policies) by City whose subcontractor has M,Contruct HIm Intergoeemmental Colr County Road&fridge I nvR&It Agircuma Vet na.wlhl 3 1 1 . 1 employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the City provides adequate protection against clain►s arising from operations by anyone directly or indirectly employed by City. 10. Parties agree that in the event that lily portion of this agreement is Hound to be illegal or unconstitutional by any court of competent.jurisdiction, the contract shall automatically terminate and the obligations of the parties shall cease. 11. Indemnity. To the fullest extent permitted by law,the City will indenlnif`y and hold harmless the County, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys' fives arising out of or resulting from the performance of tile. work, provided that any such claim, damage, loss or expense(i) is attributable to bodily injury, sickness, disease,or death, or to injury to or destruction of tangible property(other than the Work itself) including the loss of use rcsuhting therefrom and (2) is caused in whole or in part by any negligent act or omission of City, any subcontractor, anyone directly or indirectly employed by any of there or anyone for whose acts any ofthenr maybe liable, regardless of'whether or not it is caused in part by a party indemni f icd hcrcundcr. S►.►ch obligsition shall not be consh•ued to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 12. Complete Understanding, Merger. PalliCS agree that this document, including those documents described in the section entitled "Contract DoCUments", represent tine full and complete understanding ofthe parties. This contact includes only those goods and services specifically set out. This contract supersedes all prior contracts and understandings between the City and the County. 13. 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 cill'orce the terms of'this contract through litigation, the prevailing party in such action shall be entitled to receive, in addition to any other relict, its reasonable attorneys fees, expenses and costs. 14. Amendments. 'This contract may not be modified, changed or altered by any oral prornise or statement by whomsoever made; nor shall ally modification cif It be binding until such written modification shall have been approved in writing by an authorized both parties. 15. Waiver of Breech. Failure to Exercise Rights and Waiver; 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, not-shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by ink, right under the terms, covenants or condition', herein. 16. i`+lotices. All notices required to be in writing may be given by first class mail addressed to 11.Contrut Film Interpo%ernmcnud('Ole County\ltnnd&IItidge I'm-R&11 Agtrcment v:ti 6n a 1 nl 4 t 1 A 11 the City Administrator, City of Jefferson, 320 East McCarty, Jeticrson City, Missouri, 65101, and County at Cole County Commission,Courthouse Annex,Room 200,301 East I ligh Street, Jefferson City, Missouri, 65101. The date of delivery of any notice sliall be the second full day after the day of its mailing, IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by the respective County officers and City officials duly authorized as of the day and year first above written. crry 0 EFFIE'RSO� COLE GOUN.�Y Ma Pry s►d►nf, nmiss►oner ATTEST: City Clerkl 1&u4 Clerk Approved as t Fora,',/ Western District Commissioner City Counselor Eastern District Commissioner Approved as to Form: ProSCCUting AttornCy/County Counselor ,-J.im LePage, County Auditor I1 contraet Ililes'.Intergoeetntntnual,C'olc CoonWRond k Bridge TwR&B Agreement Ver,Gampi 5