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Home My Public Portal AboutORD13663 BILL NO, 2103-141, SPONSORED BY COUNCILMEN GORDON and Vogel ORDINANCE NO. / ">/%' 6 ) AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CAPITAL MAINSTREET FOR SNOW REMOVAL IN DOWNTOWN SIDEWALK AREA, 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 Capital Mainstreet for Snow Removal in Downtown Sidewalk Area. Section 2. The agreement shall be substantially the same in form arid content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: c c Approved Presiding Officer Mayor eMEST: APPROVED AS TO FORM: City Clerk City Counselor AGREEMENT TO PROVIDE, SNOW REMOVAL SERVICES THIS AGREEMENT,made and entered into this _ "F) day of 2003, by and between the City of Jefferson, Missouri, a municipal corporation, hereinafler reicrrcd tons "City" and Capital Mainstrect, inc., a corporation formcd and existing, under `i'he General Not filr Profit Corporation Act af'Missouri, hereinaficr• relerml to as "Capital Mainstrect," WiTNESSETII: WHEREAS: Capital Mainstrect, inc., is a not fi►r profit corporation repl-cscilting businesses ill the Downtown area of'the City ofJeficrson; and WHEREAS: The City of.1eftcrson has, in conjunction with the properly ownci:s, recently upgraded the sidewalks in the Downtown area; and WHEREAS: The new sidewalks must be maintained in Such a IllallilCr aS to CI1Slil'l' that they will not be damaged From salt, shoveling, and other incidents of'snow removal; and WHEREAS: The City ofJeffer;on has the equipment to properly remove snow and ice 11.0111 the sidewalks; and WHEREAS: It would be fiscally inefficient flor the City to contract these services to individual property owners, and likewise would he economically illel flelcnt for IlldiVidllal property owners to contract for these services with private concerns; and WHEREAS: It is ill the Cities hest interests to control Ills iminncr and methods ofsnow rcllloval in these locations so as to preserve the City's investment in this infrastructure, NOW,'I HEREFORE, in consideration of'thc premises and of'the mutual covenants and premises contained herein, it is agreed between the parties as hollows: 1. . Definitions: '1'hc term"downtown sidewalks,"wllcil used herein,shall rct'er t o t he sidewalks set forth in Attachment A., which is by this ref urcncc ilwk)l poratctl herein as if rllore fully and completely set out. 2. Scope of'Serviccs: City agrees to rulllt)vc snow and ice front the downtown sidewalks as provided herein. a. City will provide sufficient nlaulpower and equipment to colllplcic tllejob as provided herein. {I1('pnln¢I ld�ssrnire('npunl\Yainmr� In.A(ilt1.P�11?;I II)I'Il11VII11:SXU11'1+.1�I �\'�I !.IIt 1'll'I�v :up.l 1 b. City will endeavor to remove snow no later than I(0:00a,Ill.on the rlwrning filllowing the snow event. C. Capital Mainstrect acknowledges that snow removal from sidewalks will be Subject to weather conditions, the interests ofthC Snlcty ofthc public at large, and employee safety. d. Snow rcnl(lval will be filr the purpose of allowing; pedestrian traffic along the sidewalk and entrance anti egress from the buildings in downtown area, To that end City will not be requircd to remove all snow and ice and will not be required to clear sidewalk areas not gcncrall•y used tier pedestrian traffic. City will be entitled to pile snow on such portions of the sidewalk as will not unl'C ISOnahly intcri'm with pedestrian trat'tic. 3. Independent Contractor Statuti, The City(inclLlding its employees) shall bean independent contractor and shall not be considered to be an elilployce, agent, or servant of Capital Mainstrect,and theonly liabilityof'C'itvcrulted hythe termsol'thiscontract is thcobligation to pertilrm the services called Ibi- herein, 4. Conlpcnsation: l'or services provided under this agreement, Capital Mainstrect shall reimburse the City at the rate of `}5(1.00 per nlan hour CXI'1c11(IC(I, 'Tinge shall be billed in increnicnts of 1141 hour. PaymCnt shall he due 30 days after invoice is mailed to Capital Mainstreet. Capital Mainstrect, and not its constituent niCnlbers, shall be solely responsible for compensating,; the City, 5. Liability, The parties mutually agree to the following: (a) The City shall defend, indemnify and hold the Capital Mainstrect harmless front and against all claims, losses and liabilitiCS arising out of personal injuricS,including death and danlagC to propCrty which arc caused by the City arising out of or ill idly wily connected with this Colltl'act. (b) Capital Mainstrect shall defend, indemnify and hold the City harmless Ii'oni and against all Claims, losses, and liabilitiCS arising out of'personal injuricS, including; kilth and damage to propCrty which 'Ire cauSC(I by Capital Milillstl•Cet arising out. ofrlr in any way (xinncctcd with this contract. G, Renewal, This agreement shall automatically renew Cild) year on the anniversary of the CXCCUtion ol'this Cont'aCt unless terniinaled by either party, 11\('unlnrcl I'ile+scnicc'('alnlnl Alnilntu•a•1,Inc A(ilil IfAll NI 10 I'lurYIUP.Stiir\I'I1I'Alu1'nl.til It\il l.i Sri!%.p,l 7 7. Termination: This contract 111,Iv be tCr•Illl►1i11ed by cithcr party upon h0 daVS \written notice. 9. .jurisdiction, This Agreement shall be govallcd. in all respccts by the laws ol'the State of' Missouri. 9, t?ntire_rccmc:it. The parties acknowledge that this Agreement plus F?xhibit "A" constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, both oral and written, hctwccn the parties. 10. Notices, All notices rcquircd or permitted 11CI'C11111IC1'and recluiI—Cd to he in writing may be given by first class mail addressed to the City, c/o City Clerk and c/o ('ommunity Development, 320 f=ast McCarty Slrccl, .101crson City, Missouri , 05101 ; and Capital Mainstl'cet, c/ ) Tall-ii Looters, Premier Bank, 2002 Madison, Jd1el'son City, Missouri, 05101 . The dale ohlclivery Ill''Illy notice shall be file second roll day aficr the clay of'its illailing. 11. C'011111ictc 1.fndcl-stan(Iill !�'1crger. This Contract super:;cdes all prior contracts and understandings hctwccn (.'apital Mainstrect and the City. 12. Authorshi)and Imt.orccement Parties agree that the production o1 this document \Vas the joint eftilrl of both parties and that the contl'act should not be construed as having been drafted by either party. In the event that either party shall seek to enfilrcc the terms of,this contract through litigation, the I1rC\'alllllg party in such action s11t111 be entitled to rcccivc, ill addition to illy Other relle1, its 1'eil.`i(111i1b1C ,lft{1l'11Cys fees, expenses alld costs. 13. Amendments. This contract clay not he nludilicd, changed or altered by any oral promise or statement by whomsoever madc, nor shall any modification of'it he binding upon the City until such written modification shall have been approvcd in wriling by an authoriMl officer of the City. Capital Main,,;tr'ecl icknowlc(lgcs that the City may not he responsible for paying for changes or modifications that were not properly authorised. 14. Waiver of Breech . Failure to FXcl-cise Rights and Waiver: Failure to insist upon strict compliance with illy nl' the terms covenants or conditions herein shall not be deemed a waiver ofmly such terms. cov('nilnts or cctn(litiuns, 1101's11,111 !tJly 1';lilu1-c it (11112 or more times be deemed I waiver of relinquishment at ,lily other time 01' 11111es by inly right tinder the terms, covenants or conditions herein, 15. A_aignnlcnt. Neither party may sell or assi),pn its rights or responsibilities under tile. terms 01 01is ilgi-Mllellt \VllhOLlt till.' express consent of the remaining pi d%. !L,('tugtarl Ilke'-mnicc cal,nul\Lun:arrcl, tic'AfilU:0 II:R I ht 1901.I'll d:6YU11'Ith11U\'AI tiI�RYIt I ti,vi 2•a lwl 3 t f. Authority: Each of'the signatories below,in signing this document represent and affirm that they have been duly authorized to execute this agreement and tobind their respectivccntities. IN WITNESS WHEREOF, the partics hereto have set their hands and seals this �:_�� (lay of 2003. aCITV OF JEFFERSON MAINSTREET, INC. Mayor "title: City Clcrl� 'Title: tit, r-, ' r APPROVED A�SITO FORM: City Counselor 11:Conunct filra'agvicc('npitnl AfainshM,Ine \(i1tliGAtliN P"CU I'ROVII)I:SN(N'ItB11i\'AI.SI:kVfrhti ui:"awl 4 APPENDIX.A Sidewalks covered by contract: High Street, from Jefferson Street to Adams Street Madison Street, from High Street to Capitol Avenue