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Home My Public Portal AboutORD12088 3 a.. Yw " BILL NO. 94-23 4 F, SPONSORED BY Nilaes & Bartel r ORDINANCE NO. 12088 AN ORDINANCE AUTHORIZING RETENTION OF AN AGREEMENT WITH GUARANTY LAND TITLE FOR THE PURPOSES OF PROVIDING SERVICES FOR TITLE WORK ON PARCELS TO BE ACQUIRED THROUGH THE FLOOD BUYOUT .t PROGRAM. 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 Guaranty Land Title for title work on parcels to be acquired through the Flood Buyout Program. Section 2: The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3: This Ordinance shall be in full force and effect from and after its passage and approval. Passed: !L -q / Approved: Presiding Offi Ma A . EST: '%i:!t�yy—Clerk t. Ls :% a A*y6 L.>>� 1 )k g4C/ Ik. -' "'� �l•+�.WNtf�14Y� �' N +Fermi `Yis}.. rr}R Room CONTRACT FOR PROFESSIONAL 55 R ICES THIS AGREEMENT,made and entered into this ay of 1994 by and between the City of Jefferson City, Missouri, a municipal cor ratio hereinafter referred to as "City"with offices at 320 East McCarty,Jefferson City, Missouri, GS 101, and Guaranty Land Title Insurance, Inc., hereinafter referred to as the "Contractor." WITNESSETH: r THAT, WHEREAS,the City desires to engage the Contractor to render certain technical and professional title services hereafter described in Exhibit A. WHEREAS, the Contractor 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 Contractor for the performance of services by the Contractor. NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows: f 1. .Scope of Services The City agrees to engage the services of the Contractor to perform the services hereinafter set forth in connection with project described in Exhibit A. 2. Additional Services The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth in Exhibit A. The Contractor 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 Counselor and shall be accepted and countersigned by the Contractor or its agreed representatives. 3. Existing Data All information, data and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the Contractor in every reasonable wa y carrying arrying out the scope of services.The Contractor shall not be liable for the accuracy of the information furnished by the City. 4. Personnel to be Provided. The Contractor represents that Contractor has or will secure at its expense all personnel required to perform the services called for under this contract by the Contractor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor.All of the services required hereunder will be performed r by the Contractor or under the Contractor's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized wider 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. ` c:\contractlprofsory\guaranty.wpd 4 1 �r ..t ��7'a�x`'a .��dt �`:a'�; " "y !� �'.4, 17 r,S,N"�, � t;;:y a.. r`"� �•Y�., s '��T i� - ' }zi l 5• Notice to Proceed The services of the Contractor shall commence as directed in the Notice of Proceed and shall be undertaken and completed in accordance with the schedule contained Exhibit A. in 6• Conr ensati�n i' The City agrees to pay the Contractor in accordance with the terms set forth ry in Exhibit A,which shall constitute complete compensation for all services to be rendered under this contract. The final payment will be subject to receipt of a requisition for payment and a statement of services rendered certifying that the Contractor fully performed all work to be paid for in such $; progress payments in conformance with the contract. Such compensation will be paid in progress payments. 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. 7. Failure to Perform Cancellation. If, through any cause,the Contractor shall fail to fulfill in r timely and proper manner its obligations under this contract, or if the Contractor shall violate an g - t 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 Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such � termination. The Contractor 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 rep orts or other materials prepared by the Contractor under this contract shall, at the option of the City, become its property, and the compensation for any satisfactory work complete on such documents and other materials shall be determined. k Notwithstanding the above,the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Contractor. 8. Assi nment. The Contractor shall not assign any interest in this contract, and shall not 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 terminate the same as provided herein, and no such assignment notice to any such assignee of any actions which the City m take under thisragreeme t though Ci y will attempt to so notify any such assignee. City 9. fonfidentiali . Any reports, data or similar information given to or prepared or assembled by the Contractor under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without prior written approval of the City. � s 10. Nondiscrimination The Contractor agrees in the performance of the contract not to 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 Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. c:\contract\profserv\guaranty,wpd 2 s .xa s, aq c1,;}°r 1rR3cf )-7",x',77",7—7i 1Ssti'"°' rTi.+k•ft;a•�},y.t ea � ',, .t}.Ixt �, r ro .tt4,:4iY�° t,.3' . ,.�' t.�3'S'' � i�+t"di4�'�•s, '4.76�;+ t 11. Independent Contr etor The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor or designate the Contractor or any of its employees as agents or employees of the City. :A 12. Benefits not Available The Contractor 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. `} 13. Liabilify. The parties mutually agree to the following: A i a. In no event shall the City be liable to the Contractor for special, indirect, or consequential damages, except those caused by the City arising out of or in any way h 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 Contractor 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 property which are caused by the Contractor arising out of or in any way connected with this contract, j 14. Documents. Reproducibles of tracings and maps-prepared or obtained under the terms of this Contract shall be delivered upon request to and become the property of the City upon termination or completion of the work. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under this Contract shall be made available, upon request,to the City r without restrictions or limitations on their use. When such copies are requested,the City agrees to pay the Contractor its costs of copying and delivering same. 15. Nonsolicitation. The Contractor warrants that he has not employed or retained any company or person,other than a bona fide employee working solely for the Contractor,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 Contractor, 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. 16. Books and Records. The Contractor 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. DD--elilys. The Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the Contractor;the Contractor has made no warranties, expressed or implied, which are not expressly set forth in this Contract; and under no circumstances will the Contractor be liable for indirect or consequential damages. c:\contract\profsory\guarunty.wpd 3 i� t s, I, ..vrl A � 18. Noticeu,—All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to City of Jefferson, c/o City Clerk , 320 East McCarty Street, Jefferson City,Missouri 65101, and Guamaty Land Title Insurance,Inc., 308 East High Street, Suite 100,Jefferson City, Missouri 65101. 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 1Q (,DAY OF , 1994. GUARANTY LAND TITLE INSURANCE, CITY OF JEFFERSON, MISSOURI INC. Witle: P � May r ATT S ST: Title: six, �.� City Cl k APPRO O FO o V lor City selor dk c:\contract\profsery\guaranty.wpa 4 I F �4 .$; _.. .. r.]•_.s....c"an,,.. J� 'Ll.��4 k .. .. ... N !' 6± ,'COPE OF�FA�rr� 1 .. 1• The City intends to purchase approximately 150 properties within Missouri 1990 census tracts; Callaway ty) hm the Counties of Cole and Callaway, 109(Geneva). Y-Tract 9708(Cedar Ci , Cole-Tract 105(Mulberry);Cole-Tract 1,1 The work requires title commitment or a letter opinion for each property, 1.1.1 The commitment or letter opinion shall point out title and what liens are Property. against that 1.1.2 Title insurance shall be issued at the end of the program when the 2• City desires to engage the Contractor to render certain technical and professional land is vacant. insurance for the Flood Buyout Contractor am. b'' The City intends to purchase approximately 150 properties withiexamination he Counties Of Cole and Callaway County, Missouri. The properties are located in the 1990 census tracts: C (Cedar City);Cole--Tract 105(Mulberry); rry);Cole--Tract 109(Geneva). Callaway--Tract 9708 The work requires title commitment or a letter opinion for each property: (a) The commitment or letter opinion shall set out all title holders, their interest against the property; and all liens and encumbrances P Title insurance shall be issued at the end of the program when the land is vacant. 3. Cost for professional services rendered: Sc4l�Co�r,t� Title Commitment Letter Report. Rate per$1000 $100.00 Title Insurance Rat 60.00 Number of days between receipt of request for service and delivery of co 3.50 shall be three days mitment shall be three days and for letter report Callaway ntt, Title Commitment Letter Report $100.00 ' Title.Insurance Rate per$1000 60.00 Number of days between receipt of request for service and delivery of c 3.50 shall be three days rY commitment shall be three days and for letter report c:\contract\profsery\guaranty.wpd 5 NIKKEI V t r}. .r.:.^.>'..� .� ti\ .t: i}� � 4 ,,��!a!y ��{ i y,j .vwi+.t�s•' ^ ,y_� t ((i � +F kh _ .. �...'+S�_... y • .4. ! r ,}�...L�. e ..��Y ._� .�'.d3'Ni �Y- ... .�:b'..,� $lift'...�'.�..": .:�"f. .rv� ._ ... .. _.. . Title Sei-vices CQIQ County Title Commitmt Letter Report &101-0-00 1• Guaranty Land Title Insurance 100.00 60.00 3.50 James Lemon 636-•8388 Turnaround for service and delivery of commitment 3 days Turnaround for letter report 3 days 2. Cole County Abstract& Title 150.00 70.00 3.50 ' Linda Ferguson, Sec 636-3214 Turnaround for service and delivery of commitment ? 4 days Turnaround for letter report 4 days Callaway County__ 1. Guaranty Land Title Insurance 100.00 60.00 3.50 James Lemon 636-8388 Turnaround for service and delivery of commitment 3 days Turnaround for letter"report 3 days F t s may+ ,y i