HomeMy Public PortalAboutORD11293 BILL NO. 89-91
SPONSORED BY COUNCILMAN OWENS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT 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 City Clerk are hereby authorized and
directed to execute an agreement with Sanborn Map Company for the
expansion of the Sanborn Map Atlas for a sum not to exceed
$6,250.00.
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 the date of its passage and approval.
Passed Approved
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ATTEST:
City Clerk
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APPENDIX A
® AGREEMENT
THIS AGREEMENT is made and entered as of this 4 -et day
of , 1989, by and between the City
of Jefferson, Missouri, 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 5 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; and,
(d) That the CITY has elected to engage the services of
CONSULTANT upon the terms and conditions hereinafter set
forth.
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® 2. SCOPE OF CONSULTANT'S SERVICES. CONSULTANT shall prepare
and deliver five new map sheets in accordance with the
specifications of its previous contract with CITY dated October 22,
1986.
Performance of the work specified made in obligation of
CONSULTANT under this Agreement, subject to any changes made
subsequently 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 diligently the work of this Agreement. CONSULTANT shall not
be accountable 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 exceed SIX
THOUSAND TWO HUNDRED FIFTY DOLLARS ($6,250.00) . It is hereby
understood and agreed that fifty percent (50%) 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 payable 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
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® 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
such services in its own manner and method, and under no
circumstances or conditions shall any agent, servant, or employee
of CONSULTANT be considered as an employee of CITY.
7. DUE CARE. CONSULTANT shall perform all services required
under this Agreement in a careful, diligent and professional
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 Workers'
AML 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 RIGH'T'S LAWS.
CONSULTANT 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
benefits of, or subject to discrimination under this Agreement any
employee or applicant for employment on the basis of age under the
Age Discrimination Act of 1975, or with respect to an otherwise
qualified handicapped individual as provided in Section 504 of the
Rehabilitation Act of 1973; or religion except that any exemption
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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.
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. Increased
or decreased scope of work shall be negotiated.
11. CITY SUPERVISION. Mr. D. R. Preston, City Planner, shall
have the right of general supervision of all work performed by
CONSULTANT and shall be the CITY's agent with respect to obtaining
CONSULTANT's compliance hereunder. No payment rendered under this
Agreement shall be made without the prior approval of the City
Planner.
12. NON-ASSIGNMENT. This Agreement is not assignable either
in whole or in part by CONSULTANT without the written consent of
the CITY.
13. INDEMNIFICATION. CONSULTANT hereby agrees to, and shall
hold the CITY, its elective and appointive boards, officers, agents
and employees, harmless from any liability for damages or claims
for damage 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 products
are furnished as a copyrighted service. Reproduction and/or
distribution of the Sanborn maps produced under this contract for
use by agencies other than the CITY is prohibited except upon
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authorization by the CONSULTANT. Reproduction of individual map
sheets or parts thereof, for use in the regular and normal
operations of a subscribing CITY department, is permitted.
15. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all
federal, state and local laws, ordinances and regulations
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 their behalf.
CITY OF JEFFERSON, MISSOURI
BY:
ATTEST:
City Clerk
SANBORN MAP COMPANY, INC.
a Corporation
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Y'
EST:
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