HomeMy Public PortalAboutORD10940 BILL NO. $7-109
SPONSORED BY COUNCILMAN HALSEY
ORDINANCE NO. J,jr! 410
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CENTRAL TRUST
BANK FOR BANKING SERVICES.
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 Central Trust Bank for
banking services.
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� , �� 7 Approved lif z
Presidia ffice r Mayor
ATTEST:
City C1eik
AMENDMENT TO BANKING SERVICES AGREEMENT
THIS Amendment made and entered into this_�'� day of_c^-`,1991, by
and between the City of Jefferson, a municipal corporation of the State of Missouri,
hereinafter referred to as the "City" with offices at 320 E. McCarty, Jefferson City,
Missouri, 65101, and Central Bank, hereinafter, referred to as the "Bank".
WHEREAS, the City did entered in an agreement with the Bank on or about the 19th
day of October, 1987, for banking services; and
WHEREAS, the City is desirous of amending that agreement to provide for the
storage of microfilm.
NOW, THEREFORE, Be it agreed as follows:
1. Bank agrees to provide microfilm storage for City of Jefferson, Missouri.
2. The annual fee for storage shall be $0.15 per roll.
3. Film received during the month shall be billed at the end of the month at
$0.15 per roll.
AM 4. City shall be responsible for the labeling and transportation of the film to the
Bank.
5. All other provisions of the agreement date October 19, 1987, shall remain in
effect as stated unless modified herein.
CITY OF JEFFERSON CENTRAL TRUST BANK
(",A)t4l
,..� .
Ma Title: �2, , /
Attest: Y
CONTRACT FOR BANKING SERVICES
�TH S AGREEMENT, made and entered into this 1� day of
19Vx , by and between the City of Jefferson,
a municipal corporation of the State of Missouri, hereinafter
referred to as the "City" with offices at 320 E. McCarty,
Jefferson City, Missouri 65101, and Central Bank, hereinafter
referred to as the "Bank".
WITNESSETH:
THAT, WHEREAS, City desires to engage the Bank to render
certain technical and professional services hereafter described in
connection with and
WHEREAS, the Bank made certain representations and
statements to the City with respect to the provision of such
services and the City has accepted said proposal and is authorized
by Ordinance 00rc(O of the City Council, of the City of Jefferson,
adopted �)�- ,-,L, [j, 19 V7, to enter into a contract with the
Bank for the performances of services by the Bank.
NOW, THEREFORE, for the considerations herein expressed, it
is agreed by and between the City and the Bank as follows:
1. Scope of Services._ The City agrees to engage the
services of the Bank to perform the services set out herein and as
stated in the specification and bid proposal for banking services
and in Bank' s proposal, copies of which are attached hereto and
are hereby incorporated as if fully set out herein.
2. Additions or Deletions to Services. The City may add to
Bank services or delete there-from activities of a similar nature
to those set forth in paragraph 1, provided that the total cost of
such work does not exceed the total cost allowance as specified in
paragraph 6 hereof. The Bank shall undertake such changed
activities only upon the direction of the City. All such
directives and changes shall be in written form and prepared and
approved by the office of the Finance Director and shall be
accepted and countersigned by the Bank.
The Bank will perform any additional work requested by the
City which is not specifically covered in the scope of work as
defined herein at a reasonable fee or compensation to be agreed to
between the City and the Bank at the time any such service may be
required.
3 . Existing Data„ All information, data, and reports as
are existing, available and necessary for the carrying out of the
work, shall be furnished to the Bank without charge by the City,
and the City shall cooperate with the Bank in every reasonable
way in carrying out the scope of services.
4. Personnel To Be Provided. The Bank represents that Bank
has or will secure at its own expanse, all personnel required to
perform the services called for under this contract by Bank.
Such personnel shall not be employees of or have any contractual
relationship with the City except as employees of the Bank. All
of the services required hereunder will be performed by the Bank
or under Bank's direct supervision and all personnel engaged in
the work shall be fully qualified and shall be authorized under
state and local law to perform such services. None of the work or
services covered by this contract shall be subcontracted without
the written approval of the City.
5. Term. This contract shall commence on the first day of
November, 1987, and continue until the thirty-first day of
October, 1991, unless terminated earlier as provided herein.
6. Com2ensation. The City will pay the Bank for the
services rendered according to the charges as set out in Bank's
proposal.
7. Failure to Perform, Cancellation. If, through any
cause, -the Bank shall fail to fulfill in timely and proper manner
its obligations under this contract, or if the Bank 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 Bank of such
termination and specifying the effective date thereof, at least
five ( 5) days before the effective day of such termination. City
or Bank may without cause terminate this contract upon 90 days
prior written notice.
Notwithstanding the above, the Bank 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 Bank.
8. Assignment. The Bank 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,
including the right to change or delete activities from the
contract or to terminate the same as provided herein, 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.
9. Data. Any reports, data, or similar information given
to or prepared or assembled by the Bank under this contract which
the City requests to be kept as confidential shall not be made
available to any individual or organization by the Bank without
® prior written approval of the City.
10. Nondiscrimination. The Bank agrees in the performance
of this contract not to discriminate on the ground or because of
race, creed, color, national origin or ancestry, sex, religion,
handicap, age, or political opinion or affiliation, against any
employee of Bank or applicant for employment and shall include a
similar provision in all subcontracts let or awarded hereunder.
11. Independent Contractor. The Bank is an independent
contractor and nothing Mcontained herein shall constitute or
designate the Hank or any of its agents or employees as agents or
employees of the City.
12. Nonsolicitation. The Hank warrants that it had not
employed or retained any company or person, other than a bona fide
employee working solely for the Bank, to solicit or secure this
Contract, and that he has not paid or agreed.to pay any company or
person, other than a bona fide employee working solely for the
Bank any fee, commission, percentage, brokerage fee, gifts, or any
other consideration, contingent upon or resulting from the award
or making of this Contract. For breach or violation of this
warranty, the City shall have the right to annul this Contract
without liability, or, in its discretion, to deduct from the
Contract price or consideration, or otherwise recover the full
amount of such fee, commission, percentage, brokerage fee, gifts,
or contingent fee.
13. Books and Records. The Bank shall maintain all books,
documents, papers, accounting records and other evidence
pertaining to costs incurred in connection with this Contract, and
shall make such materials available at its respective offices at
all reasonable times during the Contract and for a period of three
( 3) years following completion of the Contract.
14. Notices. All notices required or permitted hereinunder
and required to be in writing may be given by first class mail
addressed to City at 320 E. McCarty, Jefferson City, Missouri
65101, and Bank at _. The
date of delivery of any notice shall be the date falling on the
second full day after the day of its mailing.
Executed this _'� day of Loc� , 19'`.
ATTEST• _ CITY OF JEFFERSON, MISSOURI
By CITY
CLERK
MAYO
HANK
By