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Z, CONTRACT FOR PROFES IO AL DERV ICES
44 r
THIS AGREEMENT, made and entered into thisQ day of ��71�� 1994 b n
and between the City of Jefferson City, Missouri, a municipal corporation, hereinafter referred to R ;
as "City" with offices at 320 East McCarty, Jefferson City, Missouri, 65101 and W F Corroon
Corporation, hereinafter referred to as the "Consultant".
WITNESSETH:
THAT,WHEREAS,the City desires to engage the Consultant to render certain technical and
professional planning services hereafter described in Exhibit A.
ry;
WHEREAS, the Consultant made certain representations and statements to the City with
respect to the provision of such services and the City has accepted said proposal to enter into a
contract with the Consultant for the performance of services by the Consultant. i
NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between
the City and the Consultant as follows: }
1. 5co a of Services. The City agrees to engage the services of the Consultant to perform the
services hereinafter set forth in connection with project described in Exhibit A.
2. Additional Services The City may add to consultant services or delete therefrom activities
4.•„ of a similar nature to those set forth in Exhibit A,provided that the total cost of such work does not
exceed the total cost allowance as specified in paragraph 6 hereof. The consultant shall undertake
such changed activities only upon the direction of the City. All such directives and changes shall be
in written form and approved by the City Administrator and shall be accepted and countersigned by
the Consultant or its agreed representatives.
3. Existin Data. All information, data and reports as are existing, available and necessary for
the carrying out of the work, shall be furnished to the Consultant without charge by the City, and the
City shall cooperate with the Consultant in every reasonable way in carrying out the scope of
services. The Consultant shall not be liable for the accuracy of the information furnished by the City.
4. Personnel to be Provided. The Consultant represents that Consultant has or will secure at
its expense all personnel required to perform the services called for under this contract by the
Consultant. Such personnel shall not be employees of or have any contractual relationship with the
City except as employees of the Consultant. All of the services required hereunder will be performed
by the Consultant or under the Consultant's direct supervision and all personnel engaged in the work
shall be fully qualified and shall be authorized under state and local law to perform such services.
None of the work or services covered by this contract shall be subcontracted except as provided in
Exhibit A without the written approval of the City.
6contracAprofservkorroon
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5, Notice to Proceed. The services of the Consultant shall commence as directed in the Notice "?
of Proceed and shall be undertaken and completed in accordance with the schedule contained in
Exhibit A. < :
6. C&)mnensation, The City agrees to pay the Consultant in accordance with the terms set forth
in Exhibit A,which shall constitute complete compensation for all services to be rendered under this
s contract. The final payment will be subject to receipt of a requisition for payment and a statement
of services rendered certifying that the Consultant full '
fY g y performed all work to be paid for in such
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progress payments in conformance with the contract. It is expressly understood that in no event will
the total compensation under the terms of this contract exceed the sum of Twenty-seven Thousand
Two Hundred Fifty Dollars ($2 7,250.00) for all services required Curless specifically and mutually
4 agreed to in writing by both the City and Consultant. Such compensation will be paid in progress
payments, as specified in Exhibit A. No change in compensation shall be made unless there is a
±> substantial and significant difference between the work originally contemplated by this agreement
and the work actually required. Expenses for travel, FAXes and overnight document delivery will
be passed through at cost, provided that transportation shall be based on a single round tripper visit
at a rate of Twenty-five Cents ($.25) per mile and mileage shall be determined from 2�1 South
Bemiston St. Louis Missouri to the City Hall 320 East McCarty y,
, , ty arty Street Jefferson City, issouri,
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q unless travel originates from some point closer. Other travel expenses should be in accordance with 't
the City's travel policies. Motel rooms shall not exceed Forty-five Dollars ($45.00) per night, if
overnight stay is required. The total amount expended Corder this contract for services and expenses x.
" shall not exceed Thirty Thousand Dollars ($30,000.00). h
7. Failure to Perform. Cancellation. If,through any cause,the Consultant shall fail to fulfill in }
timely and proper manner its obligations under this contract, or if the Consultant shall violate any
of the covenants, agreements, or stipulations of this contract,the City shall thereupon have the right
to terminate this contract by giving written notice to the Consultant of such termination and
specifying the effective date thereof, at least five (5) days before the effective day of such
termination. The Consultant may without cause terminate this contract upon 30 days prior written
notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings,
maps, models, photographs, and reports or other materials prepared by the Consultant under this
contract shall, at the option of the City, become its property, and the compensation for any
satisfactory work completed on such documents and other materials shall be determined.
t Notwithstanding the above,the Consultant shall not be relieved of liability to the City for damages
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sustained by the City by virtue of any such breach of contract by the Consultant.
8. Assigmment• The Consultant shall not assign any interest in this contract, and shall not tF
transfer any interest in the same(whether by assignment or novation),without prior written consent
of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City
under this agreement, including the right to change or delete activities from the contract or to
t terminate the same as provided herein, and no such assignment shall require the City to give any
notice to any such assignee of any actions which the City may take under this agreement,though City
will attempt to so notify any such assignee.
cAcontracAprofservkorroon 2
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,
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.. . �:'. .= h V��,`iLy fijy Y1r�'°7"4"r 4 z ,'�•.�{ 3 X JL' ��r i 7.'�f '{tom}t .jY .} i r�£F 3 � �'°5 u,a jp�,{xI �*y,
i`yi.�' 4r M'i 't r. #?�`�x-ht'!3 ?n';�t �� ,�tefr"yy�.5`. `.�. f�. ��` r, x,�. •`tr,r'4,t .t��,q, � .lYf:
9. Confide ntiali . Any. reports, data or similar information given to or prepared or assembled
' by the Consultant under this contract which the City requests to be kept as confidential shall not be '
made available to any individual or organization by the Consultant without prior written approval
of the City. ;fir
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' 10. Nondiscrimination,. The Consultant agrees in the performance of the contract not to
*5' discriminate on the grounds or because of race, creed,color,national origin or ancestry, sex,religion, .-
handicap, age or political affiliation, against any employee of consultant or applicant for
employment and shall include a similar provision in all subcontracts let or awarded hereunder.
11. Independent Contractor, The Consultant is an independent contractor and nothing herein
r designate the Consultant or designate the Consultant or an of its employees as
shall constitute o gn g y
.;r agents or employees of the City. '
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1 2. Benefits not Available, The Consultant shall not be entitled to any of the benefits established
for the employees of the City nor be covered by-the Workmen's Compensation Program of the City.
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r r 13. Liabili The parties mutually agree to the following:
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'f a. In no event shall the City be liable to the Consultant for special, indirect, or
consequential damages, except those caused by the City arising out of or in any way
connected with this contract, The maximum liability of the City shall be limited to
the amount of money to be paid or received by the City under this contract.
b. The Consultant shall defend, indemnify,and hold the City harmless from and against
all claims, losses, and liabilities arising out of personal injuries, including death, and
damage to roe which'are caused b the Consultant arising out of or in an wa
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connected with this contract.
14. Documents. Reproducibles of documents prepared or obtained under the terms of this
r Contract shall be delivered upon request to and become the property of the City upon termination
'?f or completion of the work. Copies of basic notes, charts, computations and other data prepared or
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Rrc. obtained under this Contract shall be made available,upon request, to the City without restrictions
or limitations on their use. When such copies are requested,the City agrees to pay the Consultant
its costs of copying and delivering same.
'} 15. Nonsolicitation. The Consultant warrants that he has not employed or retained any company
or person,other than a bona fide employee working solely for the Consultant,to solicit or secure this
Contract, and that he has not paid or agreed to pay any company or person, other than a bona fide
employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts,
_ or any other consideration,contingent upon or resulting from the award or making of this Contract.
For breach or violation of this warranty,the City shall have the right to annul this Contract without
liability,or,in its discretion,to deduct from the Contract price or consideration, or otherwise recover
the full amount of such fee, commission,percentage, brokerage fee, gifts, or contingent fee.
6contrac6profseMcorroon 3
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16. Books and Records. The Consultant and all his subcontractors shall maintain all books,
documents,papers, accounting records and other evidence pertaining to costs incurred in connection
. ` with this Contract, and shall make such materials available at their respective offices at all
reasonable times during the Contract and for a period of three(3)years following completion of the
Contract,
17. Delays. The Consultant shall not be liable for delays resulting from causes beyond the
reasonable control of the Consultant;the Consultant has made no warranties, expressed or implied,
which are not expressly set forth in this Contract; and under no circumstances will the Consultant
be liable for indirect or consequential damages.
18, otic s All notices required or permitted hereunder and required to be in writing may be
given by first class mail addressed to the City Clerk and the Personnel and Safety Officer, City of
Jefferson, 320 East McCarty, Jefferson City, Missouri 65101, and W F Corroon Corporation, 231
South Bemiston, Suite 400, St. Louis, Missouri 63105. The date and delivery of any notice shall
be the date falling on the second full day after the day of its mailing.
EXECUTED THIS 29tt1 DAY OF April , 1994.
W F CORROON CO TION CITY OF JEFFERSON
Title: Controller Mayor r/
ATTEST: ST:
Title: Office Ma er City Cleric
APPR ED A FO
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EXHIBIT ..A"
SCOPE�OF SERVICE
1. Pre-Project Briefings. The Contractor shall conduct pre-project briefings, the purpose of
which will be planning with the project advisory committee and briefing employees.
2. Classification Ouestionngiires. The Contractor shall solicit completion of classification
questionnaires from all employees.
3. Desk and Field Au i s. The Contractor shall perform a combination of desk and field
audits sufficient to identify appropriate job groupings.
4. Preparation of New Class Specifications. The Contractor shall revise existing or prepare
new class specifications which shall be in compliance with equal opportunity laws,the Americans
with Disabilities Act and all other applicable laws.
5. Allocation of Position. The Contractor shall allocate each position to the appropriate
t classification and provide an appeal procedure for employees to appeal class allocation prior to
assignment of class to salary range.
6. Salary and Benefits Survey. The Contractor shall conduct a salary and benefits survey.
^ 7. Analyze Salary and Benefit Data. The Contractor shall analyze salary and benefit survey
data and make recommendations regarding salary and benefit redesign as appropriate.
8. Estimation of Fiscal hnpact. The Contractor shall estimate the fiscal impact of alternative
pay structures and polices.
9. Implementation Support. The Contractor shall provide classification and pay plan
implementation support.
SCHEDULE OF PAYMENT
Contractor will be paid for work actually performed. Partial payment will be made on a
monthly basis. The payment shall be based on the work found generally acceptable under the
Contract by the City Administrator. A retainer equal to ten percent(10%) of the amount of work
t' completed shall be withheld until the project is completed.
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