HomeMy Public PortalAboutORD11148 BILL NO. 88-128
SPONSORED BY COUNCILMAN HAAKE, MASON
ORDINANCE NO. 1// VIE
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE COMMUNITY
BETTERMENT ASSOCIATION OF JEFFERSON CITY CONCERNING THE DESIGN OF
A MASTER PLAN FOR A CENTRAL BUSINESS DISTRICT.
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 the Community Betterment
Association of Jefferson, City concerning the design of a master
plan for a central business district.
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 �-�-� �y�' Approved
d fficer
ATTEST:
City Clerk
•
PROFESSIONAL SERVICES CONTRACT FUNDING AGREEMENT
T1ffS AGREEMENT, made and entered into this c/ 7A day of
® , 1989, by and between the City of Jefferson,
souri, municipal corporation, of the State of Missouri,
hereinafter "City", and Jefferson Community Betterment Association,
a non-profit corporation existing and operating under the laws of
the State of Missouri, hereinafter "Association".
WHEREAS, both parties to this agreement desire to have an
independent contractor prepare a long range development plan for
the Central Business District of Jefferson; and
WHEREAS, the City has taken steps to enter into a contract with
ZHA, Inc. , a Delaware corporation, hereinafter "Consultant", to
provide certain services; and
WHEREAS, the contract with Consultant was entered into by the City
of Jefferson based on certain representations made by the Jefferson
Community Betterment Association.
NOW, THEREFORE, in consideration of the foregoing and of the mutual
covenants and agreements hereinafter set forth, the parties agree
as follows:
1. City agrees to enter a contract with Consultant to perform
certain services. A copy of said contract is attached hereto as
Exhibit A. City further agrees to be solely responsible for the
administration of the contract and supervision of the performance
of the contract by Consultant.
2. Association agrees to pay City of Jefferson Fifteen Thousand
Dollars ($15,000.00) upon the entering of a contract with
Consultant for a sum not to exceed Thirty Thousand Dollars
($30, 000.00) . The Association further agrees to pay fifty percent
(50%) of any and all expenses incurred under the terms of the
contract attached hereto as Exhibit A, provided that the
reimbursement of the expenses by the Association shall under no
circumstances exceed Twenty-Five Hundred Dollars ($2,500.00) .
3. Any and all reports, maps, studies and other documents
produced as a result of the contract between the City and
Consultant shall be shared with the Association. Any and all
presentations made by Consultant shall be open to representatives
of the Association.
4. The parties mutually agree to the following:
a. In no event shall the City be liable to the Association
for special, indirect, or consequential damages, except
those caused by the City's negligence, arising out of or
in any way connected with a breach of 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 Association 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
Association arising out of or in any way connected with
this contract.
c. This contract is designed to establish the rights, duties
and obligations of the signatories hereto and shall not
give rise to any third party beneficiary rights.
5. Nothing contained herein shall be deemed to give the
Association any supervision rights over the performance of the
contract attached hereto as Exhibit A.
6. This contract shall be construed according to the laws of the
State of Missouri.
7. The entire agreement between the City and Consultant shall
consist of this contract and the attached Attachment A. No changes
or alterations shall be effective unless agreed to in writing by
both parties.
S. All notices required to be in writing may be given by first
class mail addressed to Dave Johnston, City Administrator, City of
Jefferson, 320 East McCarty, Jefferson City, Missouri, 65101, and
Jefferson Community Betterment Association, 237 E. High Street,
Jefferson City, Missouri, 65101. The date of delivery of any
notice shall be the second full day after the day of its mailing.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the day first above written.
CITY OF JEFFERSON
a
Attest:
City Clerk
JEFFERSON COMMUNITY BETTERMENT
ASSOCIATION
Attest: Robert M. Robuck, President
• ames W. Rider, Secretary