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