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Home My Public Portal AboutORD11122 BILL NO. 88-29 SPONSORED BY COUNCILMAN SCHEULEN ORDINANCE NO.AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH SANBORN MAP COMPANY FOR EXPANDING THE SANBORN MAP ATLAS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with Sanborn Map Company for the expansion of the Sanborn Map Atlas for a sum not to exceed $7,500.00. Section 2. The contract shall be substantially the same in form and content as that contract 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 `j2�,�. -.,,,��c . �`'b Approved esi g officer or ATTEST: ` City Clerk APPENDIX A A G R E E M E N T THIS AGREEMENT is made and entered as of this day of , 1988 , by and between the City of Jefferson, MO. , a municipal corporation , hereinafter called CITY , and SANBORN MAP COMPANY, INC. , a corporation, hereinafter called CONSULTANT . W I T N E S S E T H' The parties hereto do agree to follows : 1 . RECITALS . This Agreement is made and entered into with respect to the following facts : (a) The City desires to expand the existing Sanborn map coverage by adding 6 new map sheets. (b) That these maps provide a complete picture of the City ' s building stock , including building outline , street address , height in stories , use by occupancy and construction ; and , (c) That CONSULTANT has had extensive experience with preparation of such maps and is presently the only source which can furnish this service to the CITY ; f and , (d) That the CITY has elected to engage the services of CONSULTANT upon the terms and conditions hereinafter set forth. 2. SCOPE OF CONSULTANT ' S SERVICES. CONSULTANT shall pre- pare and deliver six new map sheets in accordance with the speci- fications of its previous contract with CITY dated Oct . 22 , 1986 . �,l Performance of the work specified made in obligation of CONSULTANT under this Agreement , subject to any changes made sub- sequently upon the mutual agreement of the parties. 3. TIME FOR COMPLETION. It is hereby understood and mutually agreed that the time for completion of the work to be performed by the CONSULTANT is an essential condition of the Agreement . The CONSULTANT agrees that it shall prosecute regularly and diligent- ly the work of this Agreement . CONSULTANT shall not be account- able for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of the CONSULTANT . 4. FEE. The compensation to be paid to CONSULTANT by CITY under this Agreement shall be in the amount of not to ex- ceed SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7 ,500. 00) . It is hereby understood and agreed that fifty percent ( 500) of the said fee shall be due and payable to CONSULTANT upon completion of the field work, with the remaining fifty percent ( 50%) due and pay- able to CONSULTANT upon completion of the project and acceptance of same by the CITY . 5 . SUCCESSORS IN INTEREST . The terms and provisions of this Agreement shall extend to and be binding upon and inure to the benefit of the heirs , executors , administrators , successors and assigns of the respective parties hereto. 6 . INDEPENDENT CONTRACTOR . CONSULTANT shall perform the services hereunder as an independent contractor and shall furnish - 2 - such services in its own manner and method, and under no circum- stances or conditions shall any agent , servant , or employee of CONSULTANT be considered as an employee of COMPANY. 7. DUE CARE. CONSULTANT shall perform all services re- quired under this Agreement in a careful , diligent and profess- ; ional manner. 8 . WORKERS ' COMPENSATION INSURANCE. CONSULTANT shall carry and pay for such compensation insurance as is necessary to fully protect CONSULTANT and its employees under applicable Work- ers' Compensation Insurance and Safety Laws to relieve the CITY from all responsibility under said laws in connection with the performance of the Agreement. 9. ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS LAWS. CON- Ask SULTANT hereby certifies that it will not discriminate against any employee or applicant for employment because of race , color , religion, sex , marital status or national origin. In addition , CONSULTANT shall not exclude from participation in , deny the bene- fits of, or subject to discrimination under this Agreement any employee or applicant for employment on the basis of age under i i the Age Discrimination Act of 1975 , or with respect to an other- , wise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973; or religion except that any exemption from such prohibition against discrimination on the basis of religion as provided in the Civil Rights Act of 1964 , or Title VIII of April 11 , 1968 , as amended , shall also apply . - 3 - ® 10. EXTRA SERVICES. Extra services that may be required by the CITY which are not covered under this Agreement , may be provided by CONSULTANT upon written request of the CITY . In- creased or decreased scope of work shall be negotiated . 11 . COMPANY SUPERVISION. Mr . D.R . Preston shall have the right of general supervision of all work perfomed by CONSULTANT and shall be the CITY ' S agent with respect to obtaining CONSUL- TANT ' S compliance hereunder . No payment rendered under this Agreement shall be made without the prior approval of the City Planner. 12. NONASSIGNMENT . This agreement is not assignable either in whole or in part by CONSULTANT without the written con- sent of the CITY . 13. INDEMNIFICATION. CONSULTANT hereby agrees to , and shall hold the CITY , its elective and appointive boards , offi- cers , agents and employees , harmless from any liability for dam- age or claims for dammage for personal injury, including death, as well as from claims for property damage , which may arise from CONSULTANT ' S negligent acts , errors or omissions under this Agreement . 14. AUTHORITY TO REPRODUCE MATERIALS. Sanborn map pro- ducts are furnished as a copyrighted service . Reproduction and/or distribution of the Sanborn maps produced under this con- tract for use by agencies other than the CITY is prohibited ex- cept upon authorization by the contractor . Reproduction of in- - 4 - dividual map sheets or parts thereof, for use in the regular and normal operations of a subscribing city department , is permitted. 15. COMPLIANCE WITH LAWS. The Contractor shall comply with all Federal , State and Local laws , ordinances and regula- tions applicable to the work. IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed as of the day and year first above written by their respective officers duly authorized in that behalf. CITY OF JEFFERSON, MISSOURI By: ATTEST: SANBORN MAP COMPANY , INC. , a Corporation By Allan S. Davis , Vice President ATTEST : - 5 -