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HomeMy Public PortalAboutORD10684 BILL NO. SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH PROPERTY RESEARCH COMPANY, OF JEFFERSON CITY, MISSOURI, FOR THE APPRAISAL OF DESIGNATED PROPERTY. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a contract with Property Research Company, for the appraisal of designated property for the sum of One Thousand Five Hundred dollars ($1,500) . 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 appr val. Passed 0"d .a Approved G Aft Pr siding Off i er Mayor ATTEST: City Cler CONTRACT IS AGREEMENT, made and entered into this day of 1986, by and between the City —6-f--Jefferson, Mi ou i, a municipal corporation, hereinafter referred to as the "City" , and Property Research Co. , hereinafter referred to as "Appraiser" . WITNESSETH: That Whereas , the Appraiser has become the lowest responsible bidder for furnishing an appraisal of certain City property; NOW, THEREFORE, the parties to this contract agree to the following: 1. The City agrees to engage the services of Appraiser to appraise seven ( 7 ) parks run by the City Parks and Recreation Department and furnish reports of said appraisals . 2. The parks to be appraised by Appraiser are listed on page four (4 ) of the City's Request for Proposal, the whole of which is attached hereto and incorporated herein by reference. The City will supply the Appraiser with such legal descriptions , maps, and relevant ownership information as is necessary to prepare appraisal reports . ' 3. The City agrees to pay Appraiser $1, 500 .00 within a reasonable time after the City's receipt of the Appraiser's reports on all of the properties referred to in paragraph 2 . Such reports shall comply with all applicable professional appraisal standards and section 3 of the "Scope of Work" provisions of the Request for Proposal before any payment is made. Request for payment shall be made by following the provisions of section 6 of said "Scope of Work" provisions. 4 . Appraiser agrees that all appraisal reports shall be mailed or delivered to the City's Director of Finance within ninety ( 90 ) days after the notice to proceed is issued by said Director of Finance. 5. The Appraiser agrees that all reports shall be furnished in duplicate. 6. The Appraiser agrees that all information contained in the reports made pursuant to this contract shall be treated as confidential. The Appraiser further agrees to take all steps necessary to prevent any of its officers , employees, agents, or independent contractors from divulging the contents of said reports to any person, partnership, corporation, or other entity without the authorization of the City's Director of Finance. 7. The City and the Appraiser agree that this contract and any attachments hereto shall constitute the entire contract between the parties . In the event of a conflict between terms of this contract and the terms of the Request for Proposal, the terms of this contract shall govern. The parties also agree that section 3 of the "General Contractural Requirements" in the Request for Proposal shall be of no force or effect between the parties . The parties further agree that this contract may be clarified, and riot amended, by a writing agreed to, and signed by, the City's Finance Director, the City Counselor, and the Appraiser. Such a writing shall not make the Finance Director or, Counselor parties to this contract . 8. If, through any cause, the Appraiser shall fail to fulfill in timely and proper manner obligations under this contract, or if the Appraiser 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 Appraiser of such termination and specifying the cause and effective date thereof, at least five ( 5 ) days before the effective day of such termination. In such an event, all finished or unfinished documents , data, studies, surveys , drawings , maps , models , photographs and reports or other materials prepared by the Appraiser under this contract shall, at the option of the City, become City property, and the Appraiser shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials . Notwithstanding the above, the Appraiser shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of the contract by the Appraiser. 9. The Appraiser 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, 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. 10. The Appraiser is an independent contractor and nothing contained herein shall constitute or designate the Appraiser or any of its agents or employees as agents or employees of the City. The Appraiser shall not be entitled to any of the benefits established for the employees of the City nor be covered by Workmen's Compensation Program of the City. 11. The parties mutually agree to the following: a. In no event shall the City be liable to the Appraiser or any other person, partnership, corporation, or entity 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 or the performance 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 Appraiser 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 Appraiser arising out of or in any way connected with this contract. Appraiser further agrees to defend, indemnify, and hold the City harmless from and against any claims, losses and liabilities arising out of the award of this contract to the Appraiser. Executed this day of eC 1986.' CITY OF JEFFERSON, MISSOURI By: YOR ATTEST: . d "CITY' CLERK . APPRAISER By: v i R